Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1..
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1195 OF 2019
(CNR NO.MHCC010030662019)
IN
S. C. SUIT NO.2164 OF 2017
Mr. Sandeep Kumar Kalulal Jain )..Plaintiff
V/s.
Mr. Anil Kumar Kalulal Jain ).. Defendant.
Appearance :
Adv. M/s. V. R. Tripathi & Associates for plaintiff.
Adv. Sandeep Sharma for defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 21/06/2022.
ORDER
1. This Notice of Motion is taken out by defendant No.1 and
prayed that plaintiff should not alienate or create third party interest in
Shop No.2, which is the part of subject matter. The suit is filed for
partition.
2. The plaintiff has replied by denying all the contentions of
defendant and prayed for rejection of the Notice of Motion.
3. Defendant No.1 also filed rejoinder. Heard both parties.
The suit is for partition. The subject matter of this Notice of Motion and
the Notice of Motion No.3707/2017, are the part of subject matter. The
-- 1 of 3 --
..2..
plaintiff has taken out the Notice of Motion against defendants that they
should not alienate or create third party interest in Shop No.1 & 3 and
during the arguments, the Ld. Counsel for defendants submitted that
the plaintiff as well as defendants may be restrained from alienate Shop
No.1 to 3, to which the Ld. Counsel for plaintiff & the plaintiff in person
consented. Thus, in view of their submission, Notice of Motion deserves
to be allowed in terms of prayer Clause (a). Hence, the following order
is passed :
ORDER
1. Notice of Motion No.1195/2019 in S.C. Suit No.2164/2017, is
hereby allowed, in terms of prayer (a).
2. Notice of Motion stands disposed off accordingly.
(Dictated and pronounced in open Court).
(Shaikh Akbar Shaikh Jafar)
Judge,
City Civil Court, C.R. No.03
Dated : 21/06/2022 Greater Bombay
Dictated on : 21/06/2022
Typed on : 22/06/2022
Draft given to HHJ on :
Signed on :
-- 2 of 3 --
..3..
“Certified to be true and correct copy of the original signed order”.
27/06/2022 (Mrs. Vidya Abhijit Mande)
at about 01.00 noon 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 : 21/06/2022
Order signed by Hon'ble Judge on : 22/06/2022
Order uploaded on : 27/06/2022
at about 01.00 noon
-- 3 of 3 --