Final Order 1

Order Details: Other
Pdf Text: Noting : 02.12.2020 1 C. R. No. 01
02/12/2020
SU- 1443/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for dismissal to 25.01.2021.
Judge
02/12/2020
SU- 1751/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for dismissal to 25.01.2021.
Judge
02/12/2020
SU- 3447/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter was under the caption of settlement, hence
adjourned for settlement.
The matter is adjd for settlement to 15.01.2021.
Judge
02/12/2020
SU- 3188/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter is for hearing on admissibility of documents.
The matter is adjd for hearing on admissibility of
documents to 21.01.2021.
Judge
02/12/2020
SU- 7758/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Deepali Majethia for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file reply to N/M
tendered by deft. no.1. Granted.
Deft. no.1 has collected the N/M for registration. It seems
that the deft. no.1 has not got the N/M registered. Deft.
no.1 to take efforts to register N/M.
The matter is adjd for reply to N/M by plaintiff and
compliance by deft. no.1 to 13.01.2021.
Judge
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Noting : 02.12.2020 2 C. R. No. 01
02/12/2020
SU- 8123/96
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Deepali Majethia for deft. no.1 present.
The matter is of the year 1996. Plaintiff's counsel to
ensure the presence of witness for cross examination.
The matter is adjd for cross examination to 13.01.2021.
Judge
02/12/2020
SU- 2228/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is for evidence of plaintiff.
The matter is adjd for evidence to 14.01.2021.
Judge
02/12/2020
SU- 2400/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is for evidence.
The matter is adjd for evidence to 14.01.2021.
Judge
02/12/2020
SU- 9728/99
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. U.S.R. Singh for plaintiff present. Plaintiff present.
None for deft.
Witness summons was issued vide order dated
13.03.2020 below Exh.41. The Ld. Counsel for plaintiff
submitted that due to Covid-19 and consequent
imposition of lockdown, there was no effective Court
working. Hence, the summons could not be served upon
the witness. He prays for extension of witness summons.
In the interest of justice, the witness summons is extended
and counsel for plaintiff to inform the other side for the
same.
The matter is adjd for evidence to 06.01.2021.
L.O.
Adv. Redij for deft. no.2 present.
The matter is already adjd for evidence to 06.01.2021.
Judge
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Noting : 02.12.2020 3 C. R. No. 01
02/12/2020
SU- 33/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is for evidence.
The matter is adjd for evidence to 15.01.2021.
Judge
02/12/2020
SU- 42/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Sachin Kadam for deft. no.5 present.
Plaintiff has not filed say to the N/M. Adjourned for filing
say to the N/M.
The matter is adjd for filing say to the N/M to
21.01.2021.
Judge
02/12/2020
Exe. Apln.
721/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
DH to file affidavit of service on next date.
The matter is adjd for affidavit of service to 22.01.2021.
Judge
02/12/2020
SU- 2176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff has not filed the proof of service of writ of
summons to deft. no.2(a) and 2(b). Plaintiff to file
service affidavit.
The matter is adjd for affidavit of service to 22.01.2021.
Judge
02/12/2020
SU- 3360/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hardik Desai for plaintiff present.
Adv. Thorat for defts. present.
Ld. counsel for defts. seeks time to file reply on N/M.
Granted.
Earlier order, if any, to continue till next date.
The matter is adjd for reply to N/M to 20.01.2021.
Judge
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Noting : 02.12.2020 4 C. R. No. 01
02/12/2020
SU- 866/19
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present. Adv. Ansari for plaintiff present.
None for deft.
Application for withdrawal of suit.
ORDER BELOW EXH.1 AND EXH.7
By application Exh.7, plaintiff contended that the parties
have amicably resolved their dispute and wish to
withdraw the suit. Plaintiff is present. I had verified the
contents of application from the plaintiff. She admitted
before the Court that she wish to withdraw the suit.
Hence, it is expedient to pass the following order.
ORDER
1. Suit is disposed of as withdrawn.
2. No order as to costs.
3. Court fees be refunded as per rules.
4. Pending N/M No.4382/18 and N/M No.874/19 are
disposed of being infructuous.
5. Application (Exh.7) is disposed of accordingly.
Judge
02/12/2020
Stamp No.
5628/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pradeep Gandhy for plaintiff present.
None for deft.
Ld. counsel for plaintiff submitted that the settlement
talks between the parties are going on. He seeks short
adjournment. Granted.
The matter is adjd for settlement to 16.12.2020.
Judge
-- 4 of 14 --
Noting : 02.12.2020 5 C. R. No. 01
02/12/2020
SU- 1248/18
Exh.7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Hardik Desai for plaintiff present.
None for deft.
Application for service of writ of summons and N/M to
deft. no.1.
O. - Read application. Heard. On perusal of record, it
appears that the order was passed on 15.10.2019 and
thereby, plaintiff was permitted to serve deft. no.1 by
pasting writ of summons and N/M at his last known
premises through bailiff. Ld. Counsel for plaintiff
submitted that the plaintiff could not comply the said
order. In the interest of justice, the order dated
05.10.2019 is extended for compliance. Application
(Exh.7) is disposed of accordingly.
Earlier order, if any, to continue till next date.
The matter is adjd for compliance to 05.02.2021.
Judge
02/12/2020
SU- 1080/20
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Barve for plaintiff present.
Adv. Amardev Uniyal for deft. present.
Vakalatnama filed on behalf of deft. by Adv. Amardev
Uniyal.
O. - Seen and filed.
Ld. counsel for deft. seeks time to file reply and written
statement. Granted. He pointed out that the said
notification is applicable to the Commercial Cause suits
and the present suit is not a Commercial Cause Suit,
therefore, there is no service to deft.
After going through the said notification, it appears that
the same is applicable to Commercial Cause Suits but
since, the deft. has appeared in the matter, the service is
therefore waived by him.
The matter is adjd for reply to N/M and written statement
to 19.12.2020.
Judge
-- 5 of 14 --
Noting : 02.12.2020 6 C. R. No. 01
02/12/2020
SU- 2343/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mahamuni for plaintiff present.
Adv. Narvekar for deft. present.
On perusal of record, it appears that N/M No.3271/14 is
pending and reply was filed by deft. but it was wrongly
recorded in the roznama dated 22.09.2020 that the reply
is not filed.
Ld. counsel for plaintiff seeks time for hearing on N/M
No.3271/14. Granted.
The matter is adjd for N/M hearing to 18.01.2021.
Judge
-- 6 of 14 --
Noting : 02.12.2020 7 C. R. No. 01
02/12/2020
SU- 1097/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Anusha for defts. present. She submitted that the
settlement talks between plaintiff and defts. is under
progress and seeks adjournment. Granted.
The matter is adjd for settlement/hearing on N/M and
Ch/sum to 11.02.2021.
Judge
02/12/2020
SU- 3414/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for N/M hearing to 25.01.2021.
Judge
02/12/2020
SU- 1590/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for N/M hearing to 25.01.2021.
Judge
02/12/2020
SU- 1928/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
On perusal of roznama of previous date, the matter is for
issues. It has been wrongly mentioned in the board under
the caption of order, hence, adjourned for issues.
The matter is adjd for issues to 14.01.2021.
L.O.
On previous date, the matter was under the caption of
compliance which was wrongly mentioned. Today, it is
recorded in the roznama that on previous date, the matter
was for issues. The said recording is due to oversight.
The matter ought to have been kept for issues on previous
date.
The matter is already adjd for issues to 14.01.2021.
Judge
-- 7 of 14 --
Noting : 02.12.2020 8 C. R. No. 01
02/12/2020
SU- 2706/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tambde for plaintiff present. Plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file reply to N/M
no.831/20. Granted.
The matter is adjd for reply to N/M to 06.01.2021.
Judge
02/12/2020
SU- 452/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for reply to Ch/sum to 21.01.2021.
Judge
02/12/2020
SU- 6095/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for commissioner's report to
12.01.2021.
Judge
02/12/2020
Stamp No.
5164/20
Exh.1
Exh.2
Exh.3
Exh.4
Exh.5
Exh.6
Exh.7
Exh.8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Babita Kesarwani for plaintiff present.
Adv. Jayesh Patel for deft. nos.1 and 2 present.
Adv. Yashmi Panchal for deft. no.3 present.
Suit is not registered. For the convenience purpose, plaint
and other relevant record is marked as exhibit.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Vakalatnama of deft. nos.1 and 2.
Vakalatnama of deft. no.3.
Deft. nos.1 and 2 filed reply and written statement.
Written statement of deft. nos.1 and 2.
O. - Read and recorded.
Deft. no.3 also filed reply to N/M and written statement.
Written statement of deft. no.3.
O. - Read and recorded.
Ld. counsel for plaintiff seeks time to file rejoinder to
reply of defts. Granted.
The matter is adjd for rejoinder by plaintiff to reply of
defts. to 11.12.2020.
Judge
-- 8 of 14 --
Noting : 02.12.2020 9 C. R. No. 01
02/12/2020
Rev. Petition
24/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Athawale for applicant present.
Ld. counsel for applicant seeks time to file documents.
Granted.
The matter is adjd for filing of documents/order to
09.12.2020.
Judge
02/12/2020
SU- 8972/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for arguments to 14.01.2021.
Judge
-- 9 of 14 --
Noting : 02.12.2020 10 C. R. No. 01
02/12/2020
Stamp No.
4019/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narvekar for plaintiff present.
Adv. Haria for deft. nos.1, 2, 3, 4 and 6 present.
ORDER BELOW EXH.1
In this matter, the defendant no.1 has tendered the N/M
bearing no.1559/2020 for return of plaint under Rule 10
Order 7 of Code of Civil Procedure (Hereinafter referred
to as “CPC”). The plaintiff has filed reply to it. Parties
were heard on this N/M.
On perusal of plaint avernments more particularly para
no.32 shows the valuation of suit claim and which is
reproduced as under, “
The plaintiff states that the
building in question is old building, however, for the
purpose of convenience and for the purpose of payment
of court fees and jurisdiction, the plaintiff values the suit
for Rs.24 Lakh as per sec 6IV(d) for prayer clause (A)
which is in respect of declaration of rights and pays the
court fess accordingly and whereas the prayer clause (B)
is concerned, the same is in the nature of grant of
injunction and accordingly the same is valued for
Rs.1000/- and pays the court fees accordingly.”
The plaintiff have annexed documents along with the
plaint. The document at Sr. no.3 is copy of the
assessment extract in respect of the property. On perusal
of the said documents more particularly, Annexure-A i.e.
Description and Details of capital value calculation, it
shows that the capital value of the entire property which
is subject matter in the case in question is
Rs.13,23,28,760/-.
This Court is of limited jurisdiction. As per section 3 of
Bombay City Civil Court Act, this Court has jurisdiction to
receive, try and dispose of all the suits and proceedings of
civil nature not exceeding Rs.1 Crore in value arising
within the Greater Bombay. As per Suit Valuation Act, the
jurisdiction of the Court in such suit (i.e. present suit) has
to be considered on the basis of the market value of the
subject matter. As pointed above, the plaintiff has valued
the suit claim for the relief of declaration for Rs.24
Lakhs and the document tendered by the plaintiff shows
the capital value of the suit property as
Rs.13,23,28,760/-. Hence, it is expedient to pass
following order.
ORDER
1. Plaintiff to explain that the market value of subject
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Noting : 02.12.2020 11 C. R. No. 01
Contd...
Stamp No.
4019/20
matter does not exceed the pecuniary jurisdiction of this
Court.
2. Meanwhile, the N/M No.1559/20 is kept pending.
Ld. counsel for plaintiff requested for the authenticated
copy of the order. The authenticated copy of the order be
supplied to the parties.
The matter is adjd for compliance by the plaintiff to
15.12.2020.
Judge
-- 11 of 14 --
Noting : 02.12.2020 12 C. R. No. 01
02/12/2020
Stamp No.
4532/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narvekar for plaintiff present.
Adv. Haria for applicants in Ch/sum present.
Ld. counsel for plaintiff seeks time for hearing on
Ch/sum. Granted.
The matter is adjd for hearing on Ch/sum to 15.12.2020.
Judge
-- 12 of 14 --
Noting : 02.12.2020 13 C. R. No. 01
02/12/2020
SU- 1066/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Abhishek Nikharge for plaintiff present.
None for deft.
The matter is adjd for framing issues to 20.01.2021.
Judge
02/12/2020
SU- 819/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The matter is adjd for framing issues to 19.01.2021.
Judge
02/12/2020
SU- 1423/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Paranjape for deft. present.
The matter is adjd for framing issues to 19.01.2021.
Judge
-- 13 of 14 --
Noting : 02.12.2020 14 C. R. No. 01
02/12/2020
SU- 8328/00
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Patil for deft. no.3 present.
The matter is adjd for N/M hearing to 12.01.2021.
Judge
Completed.
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