Full Order Text
Final Order 2 · 06 Feb 2025 · CNR MHCC010023912019
Order Details: Chamber summons Pdf Text: 1 Ord. in Ch/.summ. No481 of 2019 in Execu.no. 113 of 2018 MHCC010023912019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN CHAMBER SUMMONS NO.481 of 2019 IN EXECUTION APPLICATION NO. 113 OF 2018 IN SHORT CAUSE SUIT NO 110301 OF 1988 IN (HIGH COURT SUIT NO. 3861 OF 1988) 1. Humera Attaulla Khan & Ors ...Applicants/ JD (Ori. Defendant no.4 to 8) 1. Pravin Jayantilal Chauhan & Ors. ..Respondents /DH (Ori. Plaintiffs) V/s 1. Aminaben Attaulla Khan & Ors. ....Defendants / JD CORAM : HIS HONOUR JUDGE SHRI R.R. PATARE (COURT ROOM NO. 01) DATE : 6th DAY OF FEBRUARY, 2025 -: Appearances:- Adv. Harsha Shah for DH. Adv. Usma Khan a/w Adv. Retiwala for JD no.4 to 8. -- 1 of 4 -- 2 Ord. in Ch/.summ. No481 of 2019 in Execu.no. 113 of 2018 ORAL ORDER Perused pleadings and heard both the Advocates for the parties. This Chamber summons is taken out by the JD no. 4 to 8 requesting to recall / cancel attachment warrant dated 04/10/2018. DH has filed reply and opposed the chamber summons. 2. From the admitted facts on record, it is seen that short cause suit no. 301 of 1988 came to be decreed vide Judgment and order dated 19/09/2017. It is further seen that the judgment and order dated 19/09/2017 came to be set aside vide order passed in NM no. 903 of 2019 on 12/04/2019 against the defendant no. 4 to 8. It is further seen that DH i.e. original plaintiff preferred an A.O. No.848 of 2019 before Hon’ble High Court against the order passed in NM No. 903 of 2019 dated 12/04/2019. It is further seen that A.O. No. 848 of 2019 came to be withdrawn by DH i.e. original plaintiff on 03/02/2025 with liberty to take appropriate proceedings. Thus, admittedly as on today order passed in NM No. 903 of 2019 dated 12/04/2019 has attended finality. Therefore, there is no decree to be executed against JD no. 4 to 8. In the result, it is just and necessary to recall attachment warrant dated 04/10/2018. In such circumstances, following order is passed:- ORDER 1. Chamber summons no 481 of 2019 is hereby allowed with no order as to costs. 2. Attachment warrant dated 04/10/2018 is hereby recalled and cancelled in view of order passed in NM No. 903 of 2019 -- 2 of 4 -- 3 Ord. in Ch/.summ. No481 of 2019 in Execu.no. 113 of 2018 3. Chamber summons is disposed off. (R.R.Patare) Judge, City Civil & Sessions Court,Gr.Mumbai Date:.06.02.2025 (C.R. No.1) Dictated on : 06.02.2025 Direct Typed on:06.02.2025 Signed on : 06.02.2025 -- 3 of 4 -- 4 Ord. in Ch/.summ. No481 of 2019 in Execu.no. 113 of 2018 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE 07.02.2025 NAME OF STENOGRAPHER(G-I) Mrs. V. V. Mhatre TIME: Name of the Judge (With Court room no.) HHJ Shri R. R. Patare (Court Room No.1) Date of Pronouncement of JUDGEMENT/ORDER 06.02.2025 JUDGMENT/ORDER signed by P.O. on 07.02.2025 JUDGEMENT/ORDER uploaded on 07.02.2025 -- 4 of 4 --