Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER NM 612/2020 ..1.. in Sum Suit No.153/2016
MHCC010015832020 Presented on : 06/02/2020
Registered on : 06/02/2020
Decided on : 28/07/2026
Duration : 06 Y: 05 M : 22 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.612 OF 2020
IN
SUMMARY SUIT NO.153 OF 2016
Smt. Kamala Krishnamurthy ] ...Applicant/Plaintiff
IN THE MATTER BETWEEN :
Smt. Kamala Krishnamurthy ] ..Plaintiff.
Versus
1. Mr. Ajay Rishavchand Jain
2.Smt. Soni Ajay Jain ..Defendants.
Appearance :-
Ld. Adv. Tejas Shinde for plaintiff.
Ld. Adv. Pooja Joshi for Applicants/Defendants.
CORAM : HHJ P. B. LOKHANDE (C.R.No.82)
DATE : 28/07/2026
O R D E R
The present Notice of Motion is moved by the plaintiff. It is
stated that, the plaintiff filed suit for recovery, the specific pleading
reiterated of the plaint in this application. Thereafter, as per the
pleading and defence of the Defendant, the propose recast of issues are
filed at Exh.’A’. The plaintiff claiming the relief of alleged recasting of
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ORDER NM 612/2020 ..2.. in Sum Suit No.153/2016
issues.
2. The reply filed by the Defendant contending that, Notice of
Motion is not tenable. However, the Defendant Advocate without
prejudice say in detail, agreed with the plaintiff Advocate for recasting
issue No.2 and no other issues are required to be recast.
3. Following points arises for my determination to which I
have recorded findings with reasons thereon as under :-
SR. POINTS FINDINGS
1. Whether the plaintiff is made out the
ground to allow the Notice of Motion on
point of recasting issues framed at
Exh.9 ?
Partly in the
Affirmative
2. What Order? As to final order
R E A S O N S
AS TO POINT NOS.1 & 2 :
4. Heard Ld. Advocates at the length, admittedly issues are
framed at Exh.9 and the propose issued by the plaintiff at Exh.’A’ are
almost same in nature except the change of words. The propose issues
by the plaintiff and the issues framed at Exh.9 serial No.1, 3, 4 and 5
does not require any recasting. As per the argument and agreed upon
by both the Ld. Advocate in course of argument, only issue No.2 is
require to be recast as under :-
Issue No.2- Whether the Defendant prove that they have paid
Rs.50,00,000/- to Mrs. Lilavati Momaya for obtaining original share
certificate from her and Defendants were not liable to pay any further
amount to the plaintiff in terms of deed of assignment dated
30.07.2012.
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ORDER NM 612/2020 ..3.. in Sum Suit No.153/2016
5. In view of agreement by the plaintiff and the Defendant
Advocates on the recasting above issues, the Notice of Motion is liable
to be partly allowed. Accordingly, I answer point No.1 Partly in the
affirmative and as to findings of point No.2 I proceed to pass the
following order:-
ORDER
1. Notice of Motion No.612 of 2020 is partly allowed in
Summary Suit No.153 of 2016.
2. Accordingly, the issue No.2 is recast below Exh.9 today,
both the party to take note of the same.
3. Notice of Motion No.612 of 2020 is disposed of
accordingly.
(Dictated, delivered and pronounced in open Court)
(P. B. Lokhande)
Adhoc Judge,
City Civil & Sessions Court,
Dated : 28.07.2026 Mazgaon, Mumbai (C.R.82),
Dictated and typed on : 28.07.2026.
Signed by HHJ on : 28.07.2026.
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ORDER NM 612/2020 ..4.. in Sum Suit No.153/2016
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Shiva J. Ingle
Name of Stenographer28.07.2026 At 05:30 p.m.
Name of the Judge (With C.R. No.) HHJ Pramod B. Lokhande
(COURT ROOM NO.82)
Date of Pronouncement of
JUDGMENT / ORDER
28.07.2026
JUDGMENT / ORDER signed by
P.O. on
28.07.2026
JUDGMENT / ORDER uploaded on 28.07.2026
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