Final Order 1

Order Details: Other
Pdf Text: Noting : 08/08/2019 1 C. R. No. 01
08/08/2019
SU-4794/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv Wanvari with Adv. Fadia for plaintiff present.
Adv. Shamim for defendant nos. 9 and 11 present.
The Ld. counsel for the deft. nos. 9 and 11 submitted that
the connected matter is pending before C. R. No. 9. The
defendant nos. 9 and 11 wish to tender the application for
the transfer of the matter so that it should be tried by one
presiding officer. The Ld. counsel for the plaintiff
vehemently opposed the request of adjournment on the
count that on previous date, on the similar ground the
adjournment was sought. After more than one and half
months the defendant nos. 9 and 11 failed to tender
transfer application. They wish to protract the trial of this
case.
Considered the rival contention of the parties and further
the submission of Ld. counsel for defendant nos. 9 and 11
that the transfer application is ready and since last one
week def. No .9 is unwell and therefore the application
cannot be tendered. The ground given by the adv. for
defendant no. 9 and 11 does not appear to be justifiable,
but in order to avoid conflicting decisions the matter is
required to be tried by one presiding officer. In the interest
of justice as a last chance, adjournment is granted.
Adjourned for recording evidence to 20.9.2019.
Judge
08/08/2019
SU-6683/06
Exh. 32
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sahil Ansari for plaintiff present.
Adv. S. R. Tejpal with Adv. Dushyant Tejpal for defendant
no. 2 present.
Adv. Rohan Bhansal for defendant no. 3 present.
Adjournment application filed on behalf of defendant no 3.
O-Granted for the reason stated.
Adjourned for recording evidence to 22.8.2019.
Judge
08/08/2019
SU-7425/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aditi Chavan for plaintiff present.
Adv Dalal for defendant no. 6 present.
Adjourned for NM hearing to 19.9.2019.
Judge
08/08/2019
SU-6992/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aditi Chavan for plaintiff present.
Adv Dalal for defendant no. 6 present.
Witness is present.
Court is busy in other matters.
Adjourned for recording evidence to 19.9.2019.
Judge
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Noting : 08/08/2019 2 C. R. No. 01
08/08/2019
SU-682/12
Exh. 53
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Bhutekar for defendant no. 1 present.
Adv. Khanolkar for defendant no. 2 present.
Further cross examination of PW-1 completed.
Evidence closing pursis filed on behalf of plaintiff. O-Seen
and filed.
Adjourned for evidence of defendant to 17.9.2019.
Judge
08/08/2019
SU-8123/96
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. M. S. Bhandari for plaintiff present.
Adv/. Tavaria for defendant no. 3 present.
Adv. Laxmi Narayan Shukla for defendant nos. 1 and 2
present.
The Ld. counsel for the plaintiff and defendant nos. 1 and 2
submitted that order passed by this court permitting the
plaintiff to adduce addition evidence is under challenge
before the Hon'ble High Court by the defendant no. 1 and
2. Therefore the plaintiff has not asked the witness to
remain present. The Ld. Advocate for the plaintiff and def.
no. 1 and 2 made the statement that they jointly made the
statement before the Hon'ble High Court that today they
would not proceed with the matter and seek the
adjournment. In view of the said development the matter
is adjourned for recording evidence. The matter is old.
Parties to take note of it and the def. 1 and 2 to take steps
for early hearing before the Hon'ble High Court. Matter is
adjourned for recording evidence to 3.9.2019.
Judge
08/08/2019
SU-7758/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Laxmi Narayan Shukla for plaintiff present.
Adv. Tavaria for defendant no. 1 present.
Adv. Bhandari for defendant no. 2 present.
The Ld. cousnel for the def. no. 1 submitted that the
plaintiff has not supplied the copy of the evidence and
compilation of documents despite the order of this court.
Plaintiff to serve the copy of examination in chief and
documents to defendant no. 1 on or before next date
without fail. The matter is old. Parties to take steps.
Adjourned for recording evidence to 3.9.2019.
Judge
08/08/2019
SU-7707/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gidwani for plaintiff present.
Adv. Kumar Kukreja with Adv. Deven Dhruve I/b Adv.
Devang Shah for defendant no. 3 present.
By consent of the parties, matter is adjourned for settlement
to 16.8.2019.
Judge
-- 2 of 12 --
Noting : 08/08/2019 3 C. R. No. 01
08/08/2019
SU-1628/13
Exh. 24
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Snehal Mody for plaintiff present.
Adv. Preeti Shah with Adv. Ravi Irle for defendant present.
Adjournment application filed on behalf of plaintiff.
O-Granted for the reason stated.
Adjourned for recording evidence to 5.9.2019.
Judge
08/08/2019
SU-7702/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gidwani for plaintiff present.
Adv. Kumar Kukreja with Adv. Deven Dhruve I/b Adv.
Devang Shah for defendant no. 3 present.
By consent of the parties, matter is adjourned for settlement
to 16.8.2019.
Judge
08/08/2019
SU-7105/00
Exh. 93
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rupali Dhiwar for plaintiff present.
Adv Shivaji Bankar for defendant nos. 1 to 4 present.
Evidence closing pursis filed by the defendant no. 1. O-Seen
and filed.
Adjourned for final arguments to 18.9.2019.
Judge
08/08/2019
SC-93/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Mangesh Arote for State present.
Accused on bail present.
Adv. Afzal Payak for accused present.
Adjourned for arguments to 31.8.2019.
Judge
-- 3 of 12 --
Noting : 08/08/2019 4 C. R. No. 01
08/08/2019
SU-8978/00
Exh. 57
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jayesh Shah for plaintiff present.
Adv. Castelino for defendant nos. 2 and 3 present
The consent terms filed by the plaintiff and defendant nos.
2 and 3. TOR.
Plaintiff present. Defendant no. 3 on behalf of defendant
no. 2 present. Plaintiff and defendant no. 3 on verification
admit the contents of the consent terms (Exh. 57).
The Ld. counsel for the plaintiff and defendant no. 2 and 3
submitted that the suit was initially filed for specific
performance of contract against defendant no. 1 but the
defendant no. 1 had transferred the property in favour of
defendant no. 2 and therefore by way of amendment
defendant nos. 2 and 3 were made parties. The statement
to that effect appears to be in the plaint that the suit
property was transferred to defendant no. 2. As such the
consent terms between the plaintiff and defendant nos. 2
and 3 is required to be accepted. Hence it is expedient to
pass following order.
ORDER
1. Suit is decreed in terms of the consent terms (Exh. 57).
2. Decree be drawn accordingly.
3. Consent terms be the part of the decree.
_______________________________________________
The Ld. counsel for the defendant nos. 2 and 3 handover
the Demand Draft of Rs. 25,00,000/- bearing DD No.
588894 dated 6.8.2019, drawn on Federal Bank in favour of
plaintiff, to the plaintiff.
Judge
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Noting : 08/08/2019 5 C. R. No. 01
08/08/2019
SU-8801/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Menezes for plaintiff present.
None present for defendants.
Registered Chamber Summons 1433/19 tendered by the
plaintiff.
Affidavit of service of chamber summons tendered by the
plaintiff.
Adjourned for reply to chamber summons to 23.8.2019
Judge
08/08/2019
SU-9650/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chanchal Sharma h/f Adv. Agrawal for plaintiff
present.
Adv. Chitnis for deft. no. 6 present.
Heard further argument of Ld. Advocate for defendant no. 6
partly.
Adjourned for further argument to 14.8.2019 at 3.30 pm.
Judge
08/08/2019
SU-7485/83
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dalal for plaintiff present.
Adv. Rajesh Kachre for defendant nos. 1(b), 2 and 4
present.
Adv. Almeda for defendant no. 6 present.
Adv. for def. Nos. 1(c) and 3 present.
Adv. Nichani for defendant nos. 1(bb) and 2 (bb) present.
PW-1 present.
On previous date the order was passed below Exh. 35.
There is error in the order that the plaintiff is providing
certified copy. The word plaintiff is to be corrected by
defendant nos. 1(b), 2 and 4. Accordingly it is corrected.
Defendants seek time to cross examine the witness.
By consent of the parties, matter is adjourned for cross
examination of PW-1 to 20.8.2019.
Judge
08/08/2019
SU-241/16
(Disp. Off)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Plaintiff present.
Adv. Godbole for plaintiff present.
Affidavit of service filed by the plaintiff. TOR.
Draft NM tendered by the plaintiff. Leave is granted to
register.
Adjourned for NM reply to 27.9.2019.
Judge
-- 5 of 12 --
Noting : 08/08/2019 6 C. R. No. 01
08/08/2019
SU-8485/86
Exh. 10
Exh. 11
Exh. 12
Exh. 13
Exh. 14
Exh. 15
Exh. 16
Exh. 17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. N. R. Gandhi for plaintiff present.
Adv. Aditya Nilkanth for defendant no. 1(a) to 1(c) present.
The counsel for defendant nos.1(a) to 1(c) submitted that
defendant nos. 1(a) to 1(c) will not filed their say on Exh.
8. None present on behalf of defendant no. 3. Therefore,
Exh. 8 is proceeded without say of defendant no. 3.
Heard argument on admissibility of the documents.
Agreement dated 21.2.1985.
Agreement dtaed 10.7.1985 together with the Plan annexed
thereto.
Office copy of letter dated 24.11.1988.
Letter issued by Architect D. G. Mhatre of Sam
Constructions.
Report dated 29.12.1987 prepared by M/s Poonager,
Bilimoria and Co. Architects.
Applications made under Rt. Of Information Act to BMC.
Copies of documents supplied by Public Information Officer
to Plaintiffs in response to their applications under Rt. Of
Information Act.
Office copy of plaintiffs advocates letter to original
defendant no. 1.
Adjourned for cross examination of PW-1 to 27.8.2019.
Judge
08/08/2019
SU-242/15
Exh. 6
Exh. 7
Exh. 8
Exh. 9 colly.
Exh. 10
Exh. 11
Exh. 12
Exh. 13
Exh. 14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murudkar for plaintiff present.
None present for defendants.
Compilation of documents filed by the plaintiff.
Heard ld. Advocate for plaintiff on admissibility of the
documents.
Original death certificate of the deceased grand father.
Original death certificate of the father of the plaintiff.
Copies of the property card.
Copy of plaintiffs advocates notice dated 9.2.2014
Copy of plaintiffs advocates reminder dated 25.3.2014.
Plaintiffs advocates rejoinder dated 20.4.2014.
Copy of criminal complaint dated 19.4.2014.
Letter dated 30.4.2014 received in December 2014.
Adjourned for further evidence of plaintiff to 5.9.2019.
Judge
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Noting : 08/08/2019 7 C. R. No. 01
08/08/2019
EA-280/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Agrawal for DH present.
None present for JD.
Heard argument of DH on maintainability of the execution
application.
Adjourned for order to 19.8.2019.
Judge
08/08/2019
M. A. 22/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Agrawal for applicant present.
Heard argument of Ld. Advocate for the applicant.
Adjourned for order to 19.8.2019.
Judge
08/08/2019
M. A. 23/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rakesh Agrawal for applicant present.
Heard argument of Ld. Advocate for the applicant.
Adjourned for order to 19.8.2019.
Judge
08/08/2019
EA-52/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for hearing to 19.8.2019.
Judge
08/08/2019
SU-2048/19
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Aditya Manjrekar for plaintiff
Adv. Manisha for defendant present.
Registered NM No 2140/19 tendered by the plaintiff.
Application filed by Adv. Manisha seeking time to file
vakalatnama on ext date.
O-Granted.
The Ld. Advocate for defendant seeks time to file reply.
Time is granted.
Earlier order if any to continue till next date.
Adjourned for reply to NM to 1.10.2019.
Judge
08/08/2019
SU-2281/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Kudalkar for defendant no. 1 present.
Heard plaintiff and Ld. advocate for defendant no. 1 on NM
No. 3640/18.
Adjourned for order on NM No. 3640/18 to 20.8.2019.
Judge
-- 7 of 12 --
Noting : 08/08/2019 8 C. R. No. 01
08/08/2019
SU-1318/14
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Sana Shaikh for plaintiff present.
None present for defendant.
The Notice of Motion No. 590/18 is not pressed by the Ld.
advocate for plaintiff. Hence the Notice of Motion No.
590/2018 is filed.
The Notice of Motion No. 1471/17 is not pressed by the Ld.
advocate for plaintiff. Hence the Notice of Motion No.
1471/2017 is filed.
Issues framed by the court.
Adjourned for evidence of plaintiff, compilation of
documents and list of witnesses to 24.9.2019.
Judge
08/08/2019
SU-3246/14
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Modi for plaintiff present.
Adv. Pushpa Tiwari for defendant no. 2 present.
Application filed by defendant no. 2 for refund of cost
deposited in the court.
Call report of Asstt. Registrar, Accounts department.
Adjourned for NM hearing to 29.8.2019.
Judge
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-- 8 of 12 --
Noting : 08/08/2019 9 C. R. No. 01
08/08/2019
SU-1311/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Moholkar for plaintiff present.
Adv. Shaila Taware for defendants present.
Heard argument of Ld. Advocate for plaintiff and
defendants.
Adjourned for order on NM to 21.8.2019.
Judge
08/08/2019
SU-1624/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for dismissal of NM to 31.8.2019.
Judge
08/08/2019
SU-453/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Jain for plaintiff present.
Adv. Sakina for defendant no. 2 present.
Court is busy in other matters.
Adjourned for NM order to 16.8.2019.
Judge
08/08/2019
SU-8248/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for plaintiff present.
Adv. Kunal Kamat for defendant present.
Court is busy in other matters.
Adjourned for judgment to 13.8.2019.
Judge
08/08/2019
SU-2305/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. R. P. Shinde for def. Nos. 1 and 2 present.
Defendants tendered registered NM no. 2919/19. TOR.
Adjourned for reply to NM to 11.9.2019.
Judge
08/08/2019
SU-3054/18
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashok Shetty with C. G. Jadhav for plaintiff present.
Adv. Ashutosh Kulkarni with Adv. Gaurav Sharma for
defendants present.
Plaintiff tendered registered NM 2917/19. TOR.
Vakalatnama filed on behalf of defendants.
Affidavit in reply filed by the defendants.
Rejoinder filed by the plaintiff. TOR.
The Ld. counsel for the plaintiff adhere to earlier
undertaking till tomorrow.
Adjourned for NM hearing to 9.8.2019.
*********** Judge
-- 9 of 12 --
Noting : 08/08/2019 10 C. R. No. 01
08/08/2019
SU-1197/13
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Namita Shirke for plaintiff present.
Adv. Jay Shah for defendant present.
On previous date it is wrongly mentioned in the roznama
that advocate Kothari represented plaintiff. Hence the
roznama is accordingly corrected.
Application filed on behalf of plaintiff for setting aside the
order of keeping the NM for dismissal.
Read application. Heard. The Ld. counsel for the plaintiff
submitted that the plaintiff counsel could not attend the
court due to unavoidable reason. The defendant opposed
the application on the count that the plaintiff is delaying
the hearing since long. Considering the reason and in the
interest of justice the order of dismissal the NM is called
back and plaintiff is directed to canvass the argument on
the NM pending since long on next date without fail.
Adjourned for NM hearing to 30.8.2019.
Judge
08/08/2019
SU-4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Siquiera for plaintiff present.
Adv. Advani for defendant oo.1 present.
Adv. Isha Malik for defendant no. 2 present.
Draft CS tendered by the plaintiff. Leave is granted to
register.
Plaintiff filed reply to NM no. 1182/19 (in 2 volumes).
TOR.
Adjourned for chamber summons hearing to 5.9.2019.
Judge
08/08/2019
SU-699/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. A. K. Tiwari for plaintiff present.
Adv. for defendant present.
Adjourned for chamber summons hearing to 30.8.2019.
Judge
08/08/2019
EA-273/14
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. D'silva for DH present.
Adv. Joseph for JD present.
NM No. 2401/2016 is not pressed by the plaintiff. Hence
Notice of Motion No. 2401/2016 is filed.
Judge
-- 10 of 12 --
Noting : 08/08/2019 11 C. R. No. 01
08/08/2019
St. No. 8537/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Holamagi for plaintiff present.
Adv. Shehzad Masuri h/f Adv. Asif Hussain for defendants
present.
The Ld. counsel for the plaintiff to satisfy the court that this
court has jurisdiction to try the present suit.
Adjourned for hearing to 14.8.2019
Judge
08/08/2019
SU-1368/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Plaintiff filed written argument on NM No. 2700/19
Adjourned for order on NM No. 2700/19 to 19.8.2019.
Judge
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-- 11 of 12 --
Noting : 08/08/2019 12 C. R. No. 01
08/08/2019
SU-5873/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Maravoor for plaintiff present.
Court is busy in other matters.
Adjourned for order on Exh. 12 to 19.8.2019.
Judge
08/08/2019
SU-4540/13
Exh. 9
Exh. 10
Exh. 11
Exh. 12
Exh. 13
Exh. 14
Exh. 15
Exh. 16
Exh. 17
Exh. 18
Exh. 19
Exh. 20
Exh. 21
Exh. 22
Exh. 23
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. V. R. Surve for plaintiff present.
Plaintiff present.
Adv. Lokhande for defendant nos. 2 and 3 present.
Say filed by defendant nos. 2 and 3 on Exh. 8.
Heard. After taking into consideration that most of the
documents are original, some are the true copies, even
some of the original documents are public documents.
considering the same, the documents are marked as
exhibits accordingly.
The death certificate of mother of plaintiff Indira Ravindra
Raut, issued by Municipal Corporation of Greater Mumbai
Public Health Department.
Death certificate of father of plaintiff Ravindra Bhau Raut
issued by MCGM.
Notarized affidavit declaration dated 10.6.2011 of deceased
father of plaintiff in favour of plaintiff.
The request letter dated 29.7.2011 of deceased father of
plaintiff, addressed to the Rationing Officer, through
advocate / notary Shri M. N. Deshmukh.
The Domicile Certificate of plaintiff dated 16.12.2010.
The disability certificate no. 009504 of the plaintiff dated
4.6.1998.
The identification details cum receipt no. 1601510 dated
7.8.2000.
Rationing card no. 143927 with application no. 2175391
transferred in the name of plaintiff.
The Adhar card of plaintiff.
The Voter identification card of the plaintiff.
The grievance letter dated 6.9.2013 of plaintiff.
The undated grievance letter, of having acknowledged,
initialled as on 26.8.2013 by Registration branch (Section
2), (Commissioner of Police, Mumbai).
The copy of N. C. No. 4666 dated 14.10.2013.
The grievance letter dated 15.10.2012.
The legal notice dated 17.7.2013.
Adjourned for recording evidence to 16.9.2019.
Judge
completed
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