Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1007 OF 2019
(CNR NO.MHCC010026232019)
IN
S. C. SUIT NO.1835 OF 2017
Shanti Madangopal Poddar & others )..Plaintiffs
V/s.
Vinod Shrikrishan Poddar & others ).. Defendants
Appearances :
Adv. P. D. Gandhy & Associates for plaintiff.
Adv. DS Law Bureau for defendant No.1.
Adv. M/s. Mansukhlal Hiralal & Co. for defendant No.2 to 7.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 25/07/2022.
ORDER
1. This Notice of Motion is taken out by the plaintiffs for
directing the defendants to disclose on oath all the documents in
respect of the suit property executed by them after filing of the suit and
for appointment of commissioner.
2. It is the contention of the plaintiff that by an Order dated
05/03/2018, this Court has directed the defendants to maintain status quo.
The copy of said order of status quo has served upon the society where the
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flat is situated and the Police Officers of concerned Police Station.
However, he has apprehension that defendants might have executed some
documents in respect of the suit property after filing of the suit. Therefore,
he called upon the defendants for disclosing the documents.
3. In response to the notice, defendant No.1 appeared, filed his
AffidavitinReply and contended that due to his poor health and severe
depression, he gifted the suit premises to his son Vivek Poddar, who has
inducted to Chhajed Vivek Mukeshkumar vide Leave & License Agreement
and lastly, prayed for dismissal of the notice of motion with costs.
4. Heard the rival parties. It is the contention of plaintiff that
defendant No.1 should disclose execution of all the documents to which
the Ld. Advocate for defendant No.1 replied that they have already
disclosed the transfer of property by way of gift to his son and execution
of Leave & License Agreement in respect of suit property. Therefore,
prayer clause (a) got automatically satisfied.
5. So far as appointment of commissioner is concerned, the
Ld. Advocate for plaintiff has submitted that in view of execution of
Leave & License, now, there is no need to appoint the commissioner.
The status of suit property has already come on record. Considering the
rival submission, I am of the view that the notice of motion deserves to
be disposed off as prayer clause (a) is satisfied and other are becoming
infructuous. With this, I proceed to pass the following order :
ORDER
1. Notice of Motion No.1007/2019 in Suit No.1835/2017, is hereby
dismissed in terms of observation made above.
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2. Notice of Motion stands disposed off accordingly.
(Order dictated & pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, C.R. No.03
Dated : 25/07/2022 Greater Bombay
Dictated on : 25/07/2022
Typed on : 26/07/2022
Signed on :
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“Certified to be true and correct copy of the original signed order”.
28/07/2022 (Mrs. Vidya Abhijit Mande)
at about 05.00 p.m. Stenographer (GradeI.)
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 25/07/2022
Order signed by Hon'ble Judge on : 26/07/2022
Order uploaded on : 28/07/2022
at about 05.00 p.m.
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