Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101581/2019
Smt. Kausalyabai w/d of Rajgopal Pillai Vs Sunil Appa Salunke and Ors.
Date : 29-11-2022
Business : Adv.Bhambid for plaintiff present.
Defendant present.
KB
LO at 03.40 pm
Adv.Bhambid for plaintiff present.
Adv.Ajit Korde for defendant No.1 and 2 present.
ORDER
Read the roznama dated 08.10.2022, during the course of
argument the attention of the defendants was drawn to para No.6b of
the affidavit in reply Exh.7 wherein defendants have made statement
that they have no intention of whatsoever nature to dispose of the
suit premises in any manner. Suit was adjourned for consideration
whether pending notice of motion can be disposed of on the basis of
said statement. Today, the defendant No.1 Mr.Sunil Salunke is
present. Adv.Mr.Ajit Korde for both defendants present. On
instructions from both defendants Adv.Shri.Ajit Korde made
statement that the defendants till disposal of suit will not create third
party interest or dispose of the suit premises in any manner as stated
in paragraph No.6b of the defendant’s reply in NM 1581/19-
Exh.7.Said statement is recorded and accepted. On the basis of this
statement notice of motion No.1581/2019 is disposed of accordingly.
Read the order dated 12.08.2022 in NM 640/2020. Said order has
been complied vide Exh.9. The Registrar (Civil) has verified the
counter claim. Hence, the written statement and counter claim are
taken on record and marked as Exh.10 (colly.).
the Adv.for pltff submits that the copy of WS and counter claim is
already received to him. He waived the service of counter claim.
The Ld.Adv.for the defts. requested for order of issuance of suit
summons in counter claim on defendant No.2. Hence, following
order is passed.
ORDER IN COUNTER CLAIM
Issue suit summons on counter claim on defendant No.2. Service
allowed through bailiff.
Judge
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