Final Order 1

Order Details: Notice of Motion
Pdf Text: CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4660/2008
Resumed.
Adv. Nikita Lokare for plaintiff, Adv. Ashwini for def. Nos.
3 and 4 Adv. Lad for defendant no. 9, Adv. Shirole for def.
no. 5 and Adv. Shweta Satardekar for def. no. 6 are
present.
Adv. Lokare tendered registered Ch/s No. 606/2019 with
affidavit.
Heard, respective advocates. It appears from the copy of
birth certificate of plaintiff no. 2 that he has become
major now and consequently the plaintiffs wish to
amened the plaint accordingly. The Ld. Adv. Mr. Lad and
other advocates consented for such formal amendment.
Accordingly Ch.s No. 606/2019 is made absolute in
terms of prayer clause (a). Plaintiffs to carry out
necessary amendment in all respect within a period of two
weeks from today.
Adjd for compliance to 18.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
9481/1999
Resumed.
Adv. Jaywant for plaintiff and Adv. Menezes for def. no. 1
are present.
Adv. Jaywant seeks time to file reply on the point of
admissibility of documents. Time is granted as last
chance subject to supply the copy of reply to the
defendant in advance.
Adjd for reply and arguments on admissibility of
documents to 06.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
7577/1981
Resumed.
Adv. Farhan Dubhash with Pw no. 1 and Adv. Narayanan
for defendants are present. None for def. No. 3(a).
Adv. Narayanan seeks time to cross examine the PW no.1
who is present in the Court. Time is granted as last
chance.
Adjd for cross examination of PW no.1 to 04.06.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4097/2003
Resumed.
None for plaintiff and defendant.
No status report is filed by either of the parties.
Adjd as stayed to 02.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4098/2003
Resumed.
None for plaintiff and defendant.
No status report is filed by either of the parties.
Adjd as stayed to 02.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4099/2003
Resumed.
None for plaintiff and defendant.
No status report is filed by either of the parties.
Adjd as stayed to 02.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
8152/2000
Resumed.
Adv. Lad for plaintiff and Adv. Pradhan for defendant no.
1 A to 1E are present.
Heard, arguments of Adv. Lad.
Adjd for further arguments of Adv. Lad for plaintiff to
12.04.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
9420/2000
Resumed.
Adv. Lad for plaintiff and Adv. Pradhan for defendant no.
1 A to 1E are present.
Heard, arguments of Adv. Lad.
Adjd for further arguments of Adv. Lad for plaintiff to
12.04.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
5505/2012
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for evidence of plaintiff to 01.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
3648/2013
Exh. 4
Exh. 5
Resumed.
Adv. Teja Rane for plaintiff is present.
Exh. 4 - Affidavit of evidence of PW No. 1.
Keep for verification.
Exh. 5 Compilation of documents. O other side to say
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for evidence of plaintiff to 17.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1143/2018
Resumed.
Adv. N. S. Bobade for plaintiff filed draft issues. TOR.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for draft issues to 19.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Execution Appln.
No. 362/2010
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for reply to 25.06.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4335/2013
Exh. 9
Exh. 10
S.C. Expedited
Resumed.
Adv. Anita Borkar with PW no. 1 is present.
Exh. 9 - Affidavit of evidence of PW no. 1 Ms. Rajashree
Bare. O- R and R.
Exh. 10 - Compilation of documents. O- Other side to say.
Adv. Borkar undertakes to serve the copy on def. advocates.
The Ld. Advocate for plaintiff submits that the defendant
nos. 1 and 3 have not complied with the clause 8 (ii) of the
order dtd. 28.06.2018 passed by the Hon'ble High Court of
Bombay (Coram – V. M. Deshpande, J) in A.O. No. 589 of
2017, whereby the defendant nos. 1 and 3 were directed to
pay agreement amount of Rs. 5,000/- p.m. by way of rent
which is outstanding from January 2011, within a period of
one month from 28.06.2018, the date of that order. The
Ld. Advocate for plaintiff further submits that the said
order dtd. 28.06.2018 was challenged before the Hon'ble
Supreme Court by the defendant nos. 1 and 3 by preferring
a Petition for Special Leave to Appeal (C) No. 27321 of
2018.
The said petition was disposed off by expediting the
hearing of this suit and with a further direction to the
petitioners (defendants) to deposit the outstanding arrears
from January 2011 in the trial Court within a period of 8
weeks from 26.10.2018 (the date of order) and the same
shall be subject to outcome of the suit . It was further
directed that the petitioners(defendants) shall pay an
amount of Rs. 5,000/- to the first respondent (plaintiff) on
or before 10th of every English calender month commencing
from October 2018. The payment of Rs. 5,000/- was made
subject to the outcome of the pending suit.
The defendants and their advocate are absent when
called out. Their absence is not explained. Earlier on
02.03.2019, the defendants were directed to comply with
the aforesaid order by 16.03.2019. However, on that date
the defendants were absent. The defendants have not
placed anything on record to show whether they have
complied with the said order or have further challenged the
same before any forum. In the circumstances, the
defendants are hereby called upon to show cause, on or
before next date, as to why their defence should not be
struck off for their failure, negligence and avoidance to
comply with the aforesaid order, failing which necessary
orders will be passed in the matter. The plaintiff to
communicate this order in writing to the defendants and
their advocate.
An ordinary copy of this order duly authenticated by
Sheristedar of this Court be supplied to both the parties.
Certified copy of this order is expedited.
Adjd for compliance/reply and arguments on admissibility
of documents to 26.04.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
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JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2400/2014
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for framing issues to 18.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
45/2015
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for framing issues to 19.07.2019
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4372/2012
Resumed.
Adv. A. Pandey for defendant tendered draft NM with
affidavit to pay the monthly compensation to defendant.
Leave to register is granted.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for NM reply to 06.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1972/2014
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for draft issues to 9.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
500/2014
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for admission denial to 8.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2262/2018
Resumed.
The P.O. is busy in hearing final arguments in suit no.
8152/2000 and 9420/2000. for want of time the board is
discharged.
Adjd for affidavit of service to 18.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Misc. Appln. No.
19/2018
Resumed.
None for applicant and respondent.
I have already heard the Ld. Advocate for applicants. I
have also gone through the application and the reliefs
claimed and the annextures. The applicants are directed
to file certified copy of the consent term and decree. In
the meantime the Registrar Civil of this Court is directed
to report about depositing such amount, if any, in
furtherance of the consent terms in the Court by the
concerned parties.
Adjd for compliance to 17.06.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
866/2019
Resumed.
Adv. Shamim for plaintiff and Adv. Kazi for defendant nos.
1 t 4 are present.
Adv. Kazi seeks time to file reply on the ground his
personal problem. Time is granted as last chance with a
direction to serve the copy of reply to plaintiff's advocate
well in advance.
Adjd for NM reply/arguments on NM No. 4382/2018 and
874/2019 to 04.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1583/2016
Resumed.
Adv. Hazari with plaintiff and Adv. Ketki Rege with
defendant are present.
Heard, respective advocates and the parties. There are
multiple matters in the form of divorce petition, DV
application and the present suit at three different places.
According to both the advocates the parties have tried for
amicable settlement out the Court. Considering their
submissions there appears some elements of settling the
matter by referring it to a judge mediator. Therefore, the
matter is referred to a Judge mediator of this Court in
respect of the matter in dispute in this suit. Both the
parties to approach the mediation center of this Court.
All the concerned to act upon an authenticated copy
of this order.
Adjd for mediation report to 24.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
588/2016
Resumed.
None for plaintiff. Adv. Shamim for defendant nos. 2 and
3 is present.
Absence of plaintiff and defendant no.1 is not explained.
The NM No. 1256/2016 is dismissed for default.
Adjd for draft issues to 17.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
600/2016
Resumed.
None for plaintiff. Adv. Shamim for defendant nos. 2 and
3 is present.
Absence of plaintiff and defendant no.1 is not explained.
The NM No. 1285/2016 is dismissed for default.
Adjd for draft issues to 17.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
119/2018
Resumed.
Adv. Poonam Gupta for plaintiff and Adv. Ramesh
Defendant no. 1 are present.
Adv. Gupta seeks time to file reply to NM. Time is granted
as last chance.
Earlier order if any to continue till the next date.
Adjd for NM reply to 12.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
3567/2013
Resumed.
Adv. Shobhit Shukla for plaintiff and Adv. Nisha Shah for
defendant no. 1 to 3 are present.
Adv. Shukla seeks time to argue te NM. Time is granted
as last chance.
Adjd for NM arguments to 17.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1766/2014
Resumed.
None for plaintiff. Adv. Shetty for defendant no. 1 is
present.
Adjd for NM arguments to 18.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2503/2014
Resumed.
None for plaintiff. Adv. Manali Surve for defendant seeks
time to argue the NM. Time is granted as last chance.
Adjd for Nm arguments to 18.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
875/2018
Resumed.
Adv. Mannadiar for plaintiff and Adv. M. R. Yadav for
defendant are present.
Adv. Yadav seeks time to argue the NM on the ground that
Adv. Jaywant is busy before the High Court. Time is
granted as last chance.
Adjd for NM arguments to 14.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
563/2019
Resumed.
Adv. Neha Chhajrani for plaintiff and Adv. M. A. Attar
for defendant are present.
Adv. Chhajrani seeks time to argue the NM. Time is
granted as last chance.
Adjd for NM arguments to 11.04.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1109/2018
Resumed.
Adv. Akshay Kale for plaintiff is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Application for extension of time to serve the
summons by publications. O- Allowed.
Adjd for report to 22.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1903/2015
Resumed.
Adv. Rahul Singh for plaintiff and Adv. Udayan Jain for
defendant no. 1 to 3 are present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed
Exh. 3 - Address Memo. O- R and R.
Exh. 3 A - W.s. of defendant.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh 6 – Application for leave under Order 11 Rule 1.
O- Heard, leave is granted. Copy served on plaintiff's
advocate.
Adjd for reply to 24.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1215/2015
Resumed.
Adv. Mishra for plaintiff and Adv. Rohit Joshi for
defendant no. 2 are present.
Adv. Joshi seeks time to file reply to NM. Time is granted
as last chance.
Adjd for arguments on Ch/s and reply to NM to
19.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2277/2016
Resumed.
Adv. Malvankar for plaintiff and Adv. Amruta Gaonkar for
defendant are present.
Adv. Malvankar tendered registered Ch/s No. 73/2019.
Copy served on defendant.
Adjd for Ch/s reply and arguments to 18.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2650/2018
Resumed.
Adv. Pankaj Shinde with plaintiff and defendant no. 1 in
person are present. None for remaining defendants.
Adv. Shinde seeks time to file consent terms. Liberty to
mention.
Adjd for consent terms to 19.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
910/5016
Resumed.
Adv. Shamim for plaintiff is present. None for defendants.
The defendant no. 2 has not filed reply to NM No.
1974/2016. It be heard without reply of the def. no. 2.
Adjd for NM arguments to 17.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1599/2018
Resumed.
Adv. Ayush Sharma for plaintiff and Adv. Priyanka Shetty
for defendant are present.
Adv. Shetty seeks time to file reply. Time is granted as last
chance.
Adjd for NM reply to 15.04.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2705/2018
Resumed.
Adv. Jyoti Shahu for plaintiff is present. None for
defendant.
Adv. Shahu seeks time to file report of service on def. Nos.
2 to 4 and the original NM.
Earlier order if any to continue till the next date.
Adjd for w.s. to 22.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2706/2018
Resumed.
Adv. Jyoti Shahu for plaintiff is present. None for
defendant.
Adv. Shahu seeks time to file report of service on def. Nos.
2 to 4 and the original NM.
Earlier order if any to continue till the next date.
Adjd for w.s. to 22.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
824/2019
Resumed.
Adv. Suresh Gole for plaintiff and Adv. Zeenat Gogari for
defendant are present.
Adv. Gogari submits that the entire suit can be worked out
within a week as the concerned officer of the def. no.1 is
not present today. She seeks time to file reply/w.s. Time
is granted as last chance. Adv. Gole seeks time to
registered the NM.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adjd for NM reply/w.s to 16.04.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2361/2018
Resumed.
Adv. Suresh Gole for plaintiff is present. None for
defendants.
Adv. Gole submits that the Deputy Registrar Co-Operative
Societies, N ward, Mumbai has allowed appeal No.
15/2018 by declaring the plaintiff as member of the
defendant no. 2 society. He seeks time to inform the
aforesaid order to the defendants and then to argue the
NM. Time is granted.
Adjd for NM arguments to 23.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
NM No.
1448/2019
in (Disposed off)
Suit No.
5789/2006
Resumed.
Adv. Shashank Mangale I/b Adv. Satish Rao for plaintiff
and defendant in person are present.
Kept back.
L.o. at 4. 20 p.m. Adv. Sachin Shetye I/b Adv. Sudhakar
Pandaram for defendant and Adv. Satish Rao for plaintiff
are present.
Adv. Pandaram filed affidavit in reply and
vakalatnama.
Heard, respective advocates. Perused the affidavit filed in
support of the NM as well as affidavit filed by the
defendant. There is delay of 2178 days in taking out the
NM. The order for dismissal of the suit was passed on
15.04.2013. The plaintiff is seeking restoration of the
S.C. Suit No. 5789 of 2006. Both the Ld. Advocates
submitted to the orders of this Court. It appears from
record that after transfer of suit no. 209 of 2006 from the
Hon'ble High Court to the City Civil Court, due to absence
of the plaintiff the suit was dismissed for want of
prosecution. The plaintiff took out NM No. 1448 of 2019
on 04.04.2019.
Considering the rival submissions and in order to decide
the matter on merits by avoiding multiplicity of
proceedings, it is just and proper to allow the NM. The
prejudice which may be caused to the defendant can be
compensated in terms of costs. Thus the following order
is passed -
The NM No. 1448 of 2019 is made absolute in terms of
prayer clause (a) and (b) subject to payment of costs Rs.
5000/- to be paid to defendant or deposited the same in
the Court for that purpose within a period of two weeks
from today. Upon compliance of this order the suit no.
5789 of 2006 will be restored to the file of this Court.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
4442/2009
(Disposed off)
Resumed.
Adv. Surve for plaintiff is present. None for defendant.
Absence of defendants is not explained.
Heard, advocate for plaintiff. Perused the affidavits filed
in support of NM and opposing the NM.
Ld. Adv. for plaintiff submits that on 10.10.2017 the suit
was fixed for exparte hearing. On that day both the
plaintiff and defendants were absent and the suit was
dismissed in default. According to him the advocate for
plaintiff was out of station and the plaintiff was busy as
his mother suffered heart attack and he could not remain
present in the Court and lead evidence.
As per the affidavit filed by the defendant no. 1 the
plaintiff has not filed documents in support of the
aforesaid contentions. According to def. no. 1 some
matter was pending before the Hon'ble High Court against
the dismissal of the NM taken out by the defendant for
seeking leave to file w.s. etc.
Considering the rival contentions, in order to decide the
suit on merits by avoiding multiplicity of proceedings, it is
expedient just and proper to allow the NM and restore the
suit. The prejudice which may be caused to the
defendants can be compensated in terms of costs. Thus
the following order is passed -
The Notice of Motion No. 3884 of 2017 is made absolute
in terms of prayer clause (a) subject to payment of costs
Rs. 2000/- to be paid to defendant no. 1 or deposited in
the Court for that purpose within a period of two weeks
from today.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2848/2012
(Disposed off)
Resumed.
Adv. Avanti Mankar I/b Adv. Jitendra Shukla for plaintiff
and Adv. L. S. Shukla for defendant no. 1 to 3 are
present.
Adv. Avanti seeks time to argue the NM on the ground
that Adv. Jitendra Shukla is not keeping well. Time is
granted as last chance.
Adjd for NM hearing to 22.06.2019.
Judge
14
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2489/2018
Mentioned by pracipe. NOB. TOB.
Adv. Swati Raul for defendant is present.
She tendered draft NM with affidavit seeking to condone
delay in filing w.s. and leave to file w.s. Leave to register
NM is granted.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Vakalatnama of Adv. Uma Kshirsagar Wagale for
defendant. O- Seen and filed.
She undertakes to serve the copy of NM to plaintiff.
Adjd for NM reply to 20.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Stamp No.
4028/2019
Mentioned by pracipe. NOB. TOB.
Adv. Mayur Faria for plaintiff tendered draft NM with
affidavit seeking ad-interim relief for restraining the
defendant nos. 1 to 3 from dispossessing the plaintiff or
dealing with the suit premises in any manner etc. Leave
to register is granted.
Heard, Adv. Faria. Perused the copies of documents
especially the deed of conveyance dtd. 24.01.2008, by
which the plaintiffs apprehend that the defendant will
dispossess them or create third party interest int eh suit
property. It is necessary to hear the defendants before
passing any order of injunction. The plaintiff undertakes
to serve the copies of NM to defendants .
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Issue writ of summons for settlement of issues.
Adjd for arguments on ad-interim to 07.06.2019.
Judge
15
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
2075/2018
Resumed.
Adv. Kharatmol for plaintiff is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Affidavit of service of NM. O- seen and filed.
It appears from the affidavit and the postal
acknowledgment that the notice is served on the
defendant nos. 1 and 3. They have not appeared. The
NM No. 2722/2018 be heard exparte against defe. Nos. 1
and 3.
He seeks time to take steps against def. Nos. 2, 4 and 5 for
service of NM. He also seeks time to serve the writ of
summons on the defendants and file report.
Earlier order if any to continue till the next date.
Adjd for report to 23.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
10/04/2019 Roznama
Suit No.
1677/2018
Resumed.
Adv. Anand J. Jadhav for plaintiff and Adv. Anil Shrop I/b
Adv. Aakash Kotecha for defendants are present.
FRSR the following order is passed on NM No.
3345/2018.
ORDER
1. The Notice of Motion no. 3345/2018 is dismissed.
2. Parties to bear their own costs of the NM.
Adjd for issues to 05.07.2019.
Judge
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