Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 1592-19
MHCC010043222019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.1592 OF 2019
IN
S.C. SUIT NO.8247 OF 1984
Laxmibai Laxmipati Padamsey and Ors. … Plaintiffs
V/s
Pafulchandra Padamsey Hirji and Ors. … Defendants
Appearances :
Advocate Rohit Lalwani i/b Pallavi Kadam for plaintiff is present.
Advocate Yatin Shah for defendant is present.
Advocate Kavita Mungse i/b Yatin Shah for defendant no. 2 to 5 is
present.
Advocate Ayesha Ahmed for third party is present.
CORAM : D. R. DESHPANDE
JUDGE,
(C.R.NO.02)
DATE : 16th September, 2026
ORDER
1. This Notice of Motion seeks to permit defendant to withdraw
prayer No.(c) in Notice of Motion No.1211 of 2016 with liberty to file
separate application in regard to partition of the suit property and to
stay the operation of preliminary decree with implementation of report
filed by the Court Commissioner.
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(2) NM 1592/19
2. Say has been filed.
3. Heard.
4. The Commissioner has filed report suggesting several options for
effecting partition incorporating the options proposed by the parties.
5. By way of Notice of Motion No.1211 of 2016, the applicant /
defendant has, by way of prayer clause (c), prayed to strike off the
option suggested by plaintiff before the Commissioner and to confirm
option I suggested by defendants. However, as per the affidavit in
support of the Notice of Motion, plaintiff has discovered some dealing
with the property in possession of plaintiff in favour of one M/s. Brick
Yash Developers. According to him, without having knowledge of that
transaction, he had made the prayer.
6. Considering the entitlement of parties to have the right to make
suggestions upon full awareness and knowledge of the facts
surrounding the property and the change in the status of the property
coming to the knowledge of defendants subsequent to the prayer clause
(c) having been made in Notice of Motion No.1211 of 2016, the same is
allowed to be withdrawn.
7. However, the prayer clause (a) of this Notice of Motion seeking
stay to the operation of preliminary decree and implementation of
report filed by the Court Commissioner is inexpedient to be granted
considering the fact that decree has attained finality since a long time
i.e. since 42 years. Hence, the order :
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(3) NM 1592/19
ORDER
1. Notice of Motion No.1592 of 2019 is allowed only to the extent of
prayer clause (b).
2. Rest of the Notice of Motion is dismissed.
(D.R. Deshpande)
Judge,
City Civil Court,
Date: 16.09.2026 Gr. Bombay.
Direct Dictated on PC : 16.09.2026
Checked & Signed on : 16.09.2026
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(4) NM 1592/19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16.09.2026 At 5.15 P.M. J.S.CHAVAN
UPLOAD DATE AND TIME NAME OF THE STENOGRAPHER
Name of the Judge (With Court
Room Number)
HHJ D.R. DESHPANDE
JUDGE, CITY CIVIL COURT
(C.R.NO.02)
Date of pronouncement of
Judgment/ Order
16.09.2026
Judgment/Order signed by P.O.
on
16.09.2026
Judgment/Order uploaded on 16.09.2026
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