Full Order Text
Final Order 1 · 08 Dec 2021 · CNR MHCC010036612019
Order Details: Notice of Motion Pdf Text: 20 08.12.2021 SU 1969/13 @ CS 1762/21 @ NM 4324/18 @ NM 3037/21 @ NM 4325/18 @ CS 2083/18 @ NM 3013/15 @ NM 1421/19 CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1) Pltff 1(a) and 1(d) present. Adv. Linal Chandani for pltff present. Adv. Arpana Parera for deft no. 4 present. Adv. Gandhi for deft nos. 2, 3, 5 and 6 present. Adv. J. K. Shah for applicants present. Deft no. 2, 3, 5 and 6 filed reply to CS. Pltff filed reply to CS. Deft no. 4 also filed reply. Order below NM No. 1421/19 Perused the NM which is supported by an affidavit. Also perused the reply on affidavit. Heard. The main suit is for partition. Parties are governed by Hindu Law. Initially the suit was before Hon'ble Bombay High Court. Later on after change in jurisdiction it was transferred to this Court. Applicants of this NM were joined as party defendant as per order dt. 19/12/2016. Considering the contents of para no. 6 to 9 of the affidavit in support, and to give an opportunity to the defendants in my opinion for proper adjudication of the case, defendants no 7(a) and 7(b) can be permitted to file written statement on record. In the interest of justice I passed the following order. Order NM No. 1421/19 is allowed and made absolute in terms of prayer clause (a) and (b) subject to condition that defendants no. 7(a) and 7(b) shall file reply on record. Accordingly NM No. 1421/19 is allowed and disposed of. Adv. Ms. Linal Chandani has made a statement at bar that pltff do not intends to lead any evidence for contempt motion No. 4324/18 and 3013/15. Adv for the pltff sought time to file reply to NM No. 3037/21. Pltff to serve a fresh upon the proposed deft. the copy of CS No. 2083/21. Considering over all submissions the matter is now kept for NM and CS hearings. Matter is adjd to 13/12/2021 for Hearing. Judge -- 1 of 1 --