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Interim Order 2

CNR MHCC01004159201817 Jan 2024
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Interim Order 2 · 17 Jan 2024 · CNR MHCC010041592018

Order Details: Other
Pdf Text: S. C. SUIT NO. 1494 of 2022 1 Exh.9- Issues
IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY
S. C. SUIT NO.1494 of 2022
Exhibit- 9
Mr. Jagjeet Singh Ishar Singh Vijan ].. Plaintiff.
Versus
Mr. Hemant Zaverilal Ghatalia & Ors. ].. Defendants.
CORAM : HIS HONOUR JUDGE
R. R. BHAGWAT
COURT ROOM NO.65
DATE : 17th JANUARY, 2024.
ISSUES
1. Does the plaintiff prove that he has become owner of the suit
property by virtue of Deed of Conveyance dated 12.04.2017 ?
2. Does defendant No.3 prove that its predecessor in title namely
Mr. Parasram Tolaram Gehi and Mr. Shyamsundar B. Peswani had
became owner of the suit property by virtue of Deed of
Conveyance dated 11.02.1964 ?
3. Does defendant No. 3 prove that it acquired right, title and
interest in the suit property as per Deed of Partnership dated
26.12.2011 ?
[
4. Does defendant No.3 prove that suit property is acquired by the
Government ?
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S. C. SUIT NO. 1494 of 2022 2 Exh.9- Issues
5. Whether the suit is properly valued and proper court fees is
paid ?
6. Whether this court has pecuniary jurisdiction to entertain and try
this suit ?
7. Whether description of the suit property given in the plaint is
correct ?
8. Does the plaintiff prove that he is bonafide purchaser of the suit
property unaware of dispute between the defendants inter se
prior to the date of purchasing the suit property by him ?
9. Does the plaintiff prove that he is entitled to the declaration of
ownership of the suit property as prayed ?
10. Does the plaintiff prove that he is entitled to declaration that
Deed of Partnership dated 26.12.2011 is illegal, bad in law and
not binding upon the plaintiff ?
11. Does the plaintiff prove that he is entitled to the relief of
permanent injunction as prayed ?
12. What order as to cost ?
13. What order and decree ?
(R. R. BHAGWAT)
Date: 17/01/2024 Judge, City Civil Court,
Court Room No. 65
Gr. Bombay.
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