Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO 953 OF 2018
CNR MHCC010032002018
IN
S.C.SUIT NO. 622 OF 2018
CNR MHCC010030652018
Mr. Ramakant Balaram Patil )....Plaintiff.
V/s.
Mrs. Deepali Datta Thakur )...Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 11/06/2018.
Adv. R.D.Mishra for the plaintiff.
Adv. Kuldip Pawar for the defendant.
ORAL ORDER
This notice of motion is taken out by the plaintiff for the
purpose that the defendant shall not disturb the possession without
following the due process of law. It is supported by an affidavit.
2. Heard both the sides.
3. The plaintiff Gopal Damjibhai Delvadiya is present . He
has made a statement at the bar that he will not create any third party
right or interest in the suit property till the disposal of the suit no. 622
of 2018 . His statement at bar is accepted as an undertaking.
4. Today before the Court, defendant no.1 Smt. Jankibai
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Thuma Bhoir is present. She has made statement at bar that she will not
dispossess the plaintiff from the suit premises without following the due
process of law. She further submitted that she is ready to make balance
payment as agreed between the parties. Her statement at bar is
recorded and accepted as an undertaking.
5. The learned advocate for the plaintiff has pointed out that
the defendant no.2 has already expired on 4/11/2014 for which the
learned advocate for defendant submitted that he will take the
necessary steps. Considering the nature of the dispute between the
parties and their respective statements made at bar , no purpose would
be served in keeping this notice of motion pending. Moreso both the
parties have also agreed for taking recourse of ADR mode i.e. for
referring the matter to the Lok Adalat. Hence, I pass the following
order.
ORDER
1. Notice of motion no.953 of 2018 stands disposed
of in view of the statements made by plaintiff and
defendant no.1 accordingly.
2. Notice of motion is disposed of accordingly
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:11/06/2018.
Dictated on : 11/06/2018.
Transcribed on : 12/06/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 12/06/2018 And
Time at 5.40
p.m.Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.02)
Date of Pronouncement of
JUDGMENT / ORDER
11/06/2018
JUDGMENT / ORDER signed by
P.O.on
12/06/2018
JUDGMENT / ORDER uploaded on 12/06/2018
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