Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 OBE.18 in
Comm SU-916-2021
MHCC010035532019
IN THE CITY CIVIL COURT AT MUMBAI.
(Court Room No.32)
ORDER BELOW EXHIBIT - 18
IN
COMMERCIAL SUIT No.916 OF 2021
Mehrunnisa Qasim Shaikh …PLAINTIFF
VERSUS
M/s. S. Savla Constructions Pvt. Ltd. …DEFENDANT
Mr.Pawan Pandey, Learned advocate for plaintiff.
Mr.Chitra Rao, Learned advocate for defendant Nos.4 and 5.
CORAM : DISTRICT JUDGE, SHRI VISHAL SADASHIVRAO GAIKE,
COURT ROOM NO.32
O R D E R
(Delivered on 11/12/2023)
1. This is an application on behalf of defendant Nos.4 and 5
for framing of additional issue regarding dismissal of the suit for want
of full particulars and sufficient identification of the suit property as
required by the provision of Order VII Rule 3 of the Civil Procedure
Code. The learned advocate of plaintiffs has filed reply of plaintiffs at
Exh.19 and opposed the application. It is the contention of plaintiffs
that, the pleadings in their plaint sufficiently identify the suit property
with full particulars therefore, there is no need to frame the said
additional issue.
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2 OBE.18 in
Comm SU-916-2021
2. I have perused the contents of the plaint and the written
statement. The defendants have disputed the identification of the suit
property therefore, for just adjudication of the controversy between the
parties, the said additional issue needs to be framed. Consequently, I
proceed to pass following order.
ORDER
1. Application Exh.18 is hereby allowed.
2. The additional issue regarding identification of the
property shall be framed on the next date.
3. Application Exh.18 disposed off accordingly.
( VISHAL SADASHIVRAO GAIKE )
JUDGE, CR NO.32,
Date : 11/12/2023. CITY CIVIL COURT,
Direct dictated on : 11/12/2023 GR. MUMBAI.
Checked on : 11/12/2023
Signed on : 11/12/2023
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3 OBE.18 in
Comm SU-916-2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/12/2023 at 5.30 p.m. Mrs. Rupali S. Bhor
Name of the Judge ( With Court
Room No.)
H.H.J. Shri Vishal S. Gaike
(Court Room No.32)
Date of Pronouncement of
JUDGMENT/ORDER
11/12/2023
JUDGMENT/ORDER signed by
P.O. on
11/12/2023
JUDGMENT/ORDER uploaded on 11/12/2023
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