Final Order 1

Order Details: Other
Pdf Text: 08.01.2021
Suit 894/15
@
NM 1328/19,
NM 1329/19
Exh.11
Exh.12
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. S. B. AGRAWAL (C.R. NO.19)
Adv. Pooja Narvekar for plaintiff is present.
Adv. Sunil Tiwari for defendant is present.
Heard both the sides on NM No.1328/19
Since prayer in the suit is in respect of injunction pertaining to a
property the additional issue sought to be framed regarding proving
of possession by the plaintiff over the suit property would be
relevant, as such Notice of Motion No.1328/19 is made absolute in
prayers clause (a). It is accordingly disposed off.
Exh.11 Additional Issue framed.
Kept Back.
L.O.
Adv. Pooja Narvekar for plaintiff is present.
Adv. Sunil Tiwari for defendant is present.
Defendant Mr. Chandrahas Dondiram Patekar is present.
Heard both the sides.
Ld. counsel for the defendant upon instructions from the defendant
who is present in the court admits that the plaintiff is in possession
of the suit premises. However, according to him it is illegal
possession. In any case he undertakes not to dispossess the plaintiff
without following due process of law. Undertaking is accepted.
In view of the aforesaid undertaking, Ld counsel for the plaintiff
agrees that the nothing survives in the suit. Suit No.894/15 is
accordingly disposed off.
Notice of Motion No.1329/19 is accordingly disposed off.
Application filed by advocate for defendant for return of original
documents due to disposal of suit. TOR and marked as Exh.12.
Documents be returned on usual terms.
Principal Judge,
Gr. Mumbai.
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