Full Order Text
Order 1 · 11 Dec 2023 · CNR MHCC010035532019
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. -- 1 of 3 -- 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 -- 2 of 3 -- 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 -- 3 of 3 --