Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 1075/18 in Su 8325/00 1/2 Date : 31 .7.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC0100
NOTICE OF MOTION NO.1075/2018
IN
SUIT NO.8325/2000
Mohan Sakharam Date ]... Plaintiff
V/s.
1. Madhusudan Sakharam Date & Anr. ]… Defendants
Adv. Anil More for plaintiff.
Adv. Gala for defendants.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 31.7.2018
ORDER
(Dictated in open court)
By this motion, the defendants are praying to discharge the Court
Receiver, who was appointed by order dated 29.11.2000 in this suit.
They have also prayed to modify the Judgment dated 20.12.2017.
2. Heard Ld. Counsel for the defendants. None appears for the
plaintiff. By order dated 29.11.2000 passed in notice of motion
no.1602/2000, the Hon'ble High Court had directed the Court Receiver
to take possession of the premises after being surrendered by the
tenants and receiver was directed to appoint defendants no.1 & 2 as his
agents 'without royalty and security'.
3. During the final arguments in suit no.8325/2000, the Ld. Counsel
for the parties have not pointed out the aforesaid order to this Court and
therefore, no order was passed to discharge the Court Receiver. By
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N/M 1075/18 in Su 8325/00 2/2 Date : 31 .7.2018
Judgment dated 20.12.2017, the suit filed by the original plaintiff has
been dismissed. However, it was observed that the dismissal of present
suit shall not preclude the plaintiff from filing a fresh suit for same relief
after including all the joint family properties and after joining all the
necessary parties.
4. Since the receiver was directed not to accept any royalty or
security, question of passing any accounts does not arise. However, the
receiver is liable to be discharged from this case. As regards the prayer
of the defendants to modify the Judgment dated 20.12.2017, the same is
misconceived and devoid of any merit. If the plaintiff files a fresh suit,
the defendants can always take all the defences available in law to
oppose the said suit. There is no need to make any modification in the
Judgment. Hence, following order.
ORDER
1. Notice of motion no.1075/2018 is partly allowed.
2. The Court Receiver appointed by order dated 29.11.2000
is discharged.
3. Other prayers are rejected.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 31.07.2018 Gr. Bombay.
Dictated on : 31.7.2018
Typed on : 1.8.2018
Signed on : 1.8.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
1.01.2018 at 5.00 pm (Mrs. S. W. Tuscano)
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N/M 1075/18 in Su 8325/00 3/2 Date : 31 .7.2018
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
31.1.2018
JUDGMENT/ORDER signed by
P.O. on
1.1.2018
JUDGMENT/ORDER uploaded
on
1.1.2018
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