Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M No. 735/2019 in Suit No. 2307/2014
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 735 OF 2019
(CNR NO.MHCC010018902019)
IN
L.C. SUIT NO. 2307 OF 2014
Akhtar Sultan Mithani ].. Plaintiff.
V/s.
SubRegistrar and others ]..Defendants.
Advocate Ms.Darshana Indulkar for the plaintiff.
Advocate Mr. Shastri for applicant in Chamber Summons.
CORAM : HER HONOUR JUDGE
MS. S.P. PONKSHE.
(C.R.NO.12)
DATE : 23rd JULY 2019
ORAL ORDER
This Notice of Motion has been taken out by the plaintiff
for permitting him to engage new advocate and he wants to discharge
Advocate Ms. Bhumika Mehta from the suit.
2 Heard. Perused Record and Proceedings of the suit. It is to
be noted that one Anil Sonavane being Authorized Representative of
Leila Trading Co. Limited filed reply to this notice of motion and
resisted notice of motion on various grounds. In the reply he has stated
that the plaintiff has executed a Power of Attorney dated 06.08.2014 in
his favour to pursue and defend the proceedings relating to the said
property. The Company has purchased the suit property from the
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2 N/M No. 735/2019 in Suit No. 2307/2014
plaintiff and other coowners, being the legal heirs of Sultan, for
valuable consideration. Further, he has stated that in respect of
pleadings in paragraph no.5 of the plaint. It is to be noted that when
the plaintiff, who is the present before the Court want to change the
advocate and that too, when the earlier advocate was not ready to give
no objection for withdrawal of Vakalatnama, filed pursis today
disclosing intention of change of advocate, it is just and proper to allow
the plaintiff to change the advocate.
3 Thus, in such peculiar circumstances, objections for change
of an advocate by the plaintiff raised by Advocate Mr. Trivedi h/f Ms.
Bhumika Mehta are not sustainable. The plaintiff has every right to
engage an advocate as per his choice. Hence, Notice of Motion is to be
made absolute. With this, I proceed to pass the following order:
ORDER
Notice of Motion No.735 of 2019 is hereby made absolute in
terms of prayer clause (a).
2 The appearance of advocate Ms. Bhumika Mehta on behalf of the
plaintiff is discharged and appearance of advocate Ms. Darshana
Indulkar is taken on record as an advocate for the plaintiff.
3 Notice of Motion No.735 of 2019 stands disposed of accordingly.
(S. P. PONKSHE)
Judge,
Date: 23/07/2019. City Civil Court,
Gr. Bombay.
Dictated on : 23/07/2019
Transcribed on : 24/07/2019
Signed on : 25/07/2019
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3 N/M No. 735/2019 in Suit No. 2307/2014
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
26/07/2019 At 10.45 p.m. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.12)
Date of pronouncement of
Judgment/Order
23.07.2019
Judgment/Order signed by P.O. on 25.07.2019
Judgment/Order uploaded on 26.07.2019
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