Final Order 2

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IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100858/2020
Haresh Maneklal Shah - Applicant / Hamid Alimohammad Suleman Mitha and ors - Plff. Suit
no.4073/09 Vs Mr Pravin Gada
Date : 06-04-2026
Business : Third party intervenor in E.A. No.514/2019 named Bhavesh
Maneklal Shah is present. Adv. Jayendra Shah for third party
intervenor is present, tendered compliance pursis TOR marked
as Exh.02. None present for Decree Holder and Judgment
Debtor i.e. original plaintiff and defendant. Perused R and P of
Notice of Motion no service affidavit appears to be tendered
since last more than 05 yrs. Sheristedar apprised that E.A.
No.514/2019 ld. advocate/ Decree Holder plaintiff received
the copy of Notice of Motion received on 27-02-2020. Ld.
advocate for intervenor Jayendra Sha he has not been served
copy of reply by Judgment Debtor and Decree Holder till date.
Therefore, I directed to Sheristedar to find from the record
whether the reply to Notice of Motion is filed after 2-03-2020
being statement made by ld. advocate by the plaintiff she
received the copy of registered Notice of Motion No.858/2020
0n 27-02-2020. Sheristedar apprised that there is no copy of
reply in the E.A. which was disposed off on previous date I..e
04-04-2026. Hence, the present Notice of Motion is proceeded
without reply and I taken up the matter for hearing of Notice
of Motion being more than 05 yrs old on its merits taken our
for setting aside and recall of Ex-parte order and judgment
dated 23-07-2019 in Suit No. 4073/09 i.e old HC Suit No.
2062/2009 with CNR No. MHCC01-004236-2009. Order in
Notice of Motion No.858/2020 Heard the ld. Jitendra Shah.
Perused the document annexure A to O colly. Perusal of his
documentary evidence some documents are attested as a true
copy. Original electric bill issued by BEST standing in the
name of Maneklal D. Shah bearing Bill No. 105-265-001 3 for
the period 03-12-1976 to 06-12-176 bill dated showing the last
date payment of bill of Rs. 6.98 on or before 30-12-1976
showing address GRD FL 27 Kolsa Mohalla Nakhoda Street
Bombay 04 with meter No. 504072 with last reading 215 and
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used units 5 and also shown latest and bill of October, 2025
showing ground floor plot No.27 Nakhoda Street of Narayan
Dhuru Street Paydhoni, Mandvi, Mumbai- 400 003 showing a
category of consumer commercial. Perusal of his documentary
evidence some documents are attested as a true copy. Original
electric bill issued by BEST standing in the name of Maneklal
D. Shah bearing Bill No. 105-265-001 3 for the period 03-12-
1976 to 06-12-176 bill dated showing the last date payment of
bill of Rs. 6.98 on or before 30-12-1976 showing address
GRD FL 27 Kolsa Mohalla Nakhoda Street Bombay 04 with
meter No. 504072 with last reading 215 and used units 5 and
also shown latest and bill of October, 2025 showing ground
floor plot No.27 Nakhoda Street of Narayan Dhuru Street
Paydhoni, Mandvi, Mumbai- 400 003 showing a category of
consumer commercial. Original deed of dissolution dated 01-
06-1975 showing the firm M/s Laxmi Sizing Work has been
dissolved and said firm taken over alone by Maneklal D. Shah
w.e.f. 30-05-1975 i.e. trade name, assets and liabilities,
goodwill, tenancy rights of godown situated at 29, Nakhoda
Street, Bombay 02 () I have returned both the electricity bills,
dissolution deed and other annexed documents to the ld.
Advocate and from these original documents trust building
situated at 27, Nakhoda, ground floor, Bombay -03 godown
No.01. In supporting affidavit of Haresh Maneklal Shah stated
on oath that the person shown as a defendant Pravin Gada is
not in existence and in possession of suit godown premises.
Godown is look after by their care taker Mr. Pravin Velji Shah.
It is contended that plaintiff obtained Ex-parte decree order
and judgment fraudulently posing defendant Pravin Gada as a
trespasser. Applicant came to know about the said order when
bailiff visited suit premises on 15-01-2020 for serving notice
dated 24-12-2019 of the E.A. No. 514/2019. Hence,
immediately approached the court for setting aside order and
Ex-parte decree being by way of E.A. attempt has made to
extort money by obtaining decree for obtaining godown
No.01. Hence, prayed to allow the Notice of Motion and set
aside Ex-parte order. Hence, from these original documents it
appears that Maneklal D. Shah and after his death Haresh and
Shailesh Maneklal Shah are in possession of the godown
No.01, hence, I am inclined to set aside order/ Judgment Ex-
aparte decree as original plaintiff / Decree Holder failed to
contest the Notice of Motion since last 05 yrs and chose not to
file reply for the best reason known to him/ trust already E.A.
No.514/2019 came to be dismissed on 04-04-2026 hence, I
proceed to pass following order- 1. Notice of Motion is
allowed. 2. Ex-parte order/ Judgment and decree dated 27-06-
2019 in Suit No. 4073/2009 is quashed and set aside. 3. Suit
No. 4073/2009 is restored to the stage of filing written
statement by present third party intervenor who shall appear
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before Trial Court on 15-04-2026 and file his written
statement without fail on that day for further trial of the suit
after framing of the issues. 4. Plaintiff shall amend the suit by
incorporating name of the applicant as original defendant by
taking out appropriate proceeding in accordance with the law
on 15-04-2026 without fail else it would be deemed that
plaintiff is not interested in prosecuting the suit against/
applicant/ third party/ intervenor. 5. Notice of Motion is
disposed off accordingly. 6. Call R and P from main branch by
written of post with special messenger before 15-04-2026.
Nature of Disposal : ALLOWED
Disposal Date : 06-04-2026
COURT 84 ADDL SESSIONS JUDGE
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