Interim Order 1

Order Details: Other
Pdf Text: IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. MUMBAI AT
MAZGAON.
COMMERCIAL SUIT NO. 893 OF 2021
Exhibit-29
Mr. Santosh Narayan Thati
…..Plaintiff
V/s.
Smt. Prabhavati Dattatray Salunke & others. .....Defendants
Issues are framed after considering the draft issues filed by Plaintiff and
defendant.
ISSUES
1] Does plaintiff prove that late husband Dattaray Krishnarao
Salunke of defendant no.1 wife agreed to sale for total consideration of
Rs.40,00,000/- towards purchase of Suit room No. 4/63, Jodia
Mansion, Opposite Penninsula corporate part, G.K. Marg, Lower Parel,
Mumbai-400013 as per MOU Dt. 30.01.2018 through mediator
defendant no. 5 Ramdas Anant Belnekar and paid Rs. 1,00,000/- as a
earnest amount on the day of MOU and subsequently made part
payments time to time of Rs.32,00,000/- total Rs. 33,00,000/-?
2] Do defendant nos. 1 to 4 prove that suit is false, frivolous and
baseless and barred by law of limitation?
3] Do defendant nos. 1 to 4 further prove that plaintiff is a money
lender and advanced loan of Rs.19,00,00/- to late Dattararay
Krishnarao Salunke ?
4] Do defendant nos. 1 to 4 further prove that receipt at Exh. ‘E’, ‘G’
and ‘H’ are false, bogus and fabricated ?
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5] Do defendant nos. 1 to 4 further prove that there is no legal and
valid cause of action to file the suit ?
6] Do defendant nos. 1 to 4 further prove that Registered Leave and
License Agreement for year 2018-2019 for Room No. 63, Chawl No. 4,
Jodia Mansion, Lower Parel is false, bogus and fabricated ?
7] Does plaintiff is entitled for the decree of Rs. 33,00,000/- with
future interest @ of 12 % per anum from the date of filing of suit till its
realization ?
8] What order, decree and costs ?
The parties shall note the issues and file further evidence if any
a/w additional documents if any and act upon, as, it appears that
though the affidavit of evidence is filed in 2022, issues were not framed
and therefore the issues are framed today.
Both the parties at liberty to file additional evidence, if any and
act accordingly by filing further alongwith compilation of documents, if
any with Index & List of original Documents with neatly paged indexed
alongwith date of documents specifying document are original or office
copy or photocopies etc. as the case may be.
Dated : 01/11/2025.
(S. P. Pingle)
Judge, CR No.32
City Civil Court at Mazgaon,
Mumbai.
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