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)
24/04/2019 Roznama
Suit No.
4082/2009
Resumed.
The P.O. is busy in dictating judgment in suit No.
3235/2012. For want of time the board is discharged.
Adjd for evidence of plaintiff to 03.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
4344/2007
Resumed.
The P.O. is busy in dictating judgment in suit No.
3235/2012. For want of time the board is discharged.
Adjd for cross examination of Def. no. 1(a) to 22.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
8972/2000
Resumed.
Adv. Priyanka Bagat for plaintiff and Adv. V. K. Kandhari
for defendant are present.
The P.O. is busy in dictating judgment in suit No.
3235/2012. For want of time the board is discharged.
Adjd for cross examination of PW no. 1 to 26.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3016/2014
Resumed.
Adv. Indira Bhushan for plaintiff is present. None for
defendant.
Adv. Bhushan submits that def. no. 1 is dead about the
year ago and plaintiff will take necessary steps and
therefore, the plaintiff is not pressing the application Exh.
4. Hence application Exh. 4 is filed.
Adjd for steps against def. no. 1 to 10.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
4921/2011
Resumed.
None for plaintiff. Adv. Anand for defendant nos. 1 to 3
is present.
Absence of plaintiff is not explained.
Adjd for passing dismissal orders to 11.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3803/2013
Resumed.
None for plaintiff. Adv. Asif Memon for defendant is
present.
Absence of plaintiff is not explained.
Adjd for dismissal orders to 15.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3431/2013
Resumed.
None for plaintiff and defendant.
Adjd for further evidence of plaintiff to 15.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
25/2018
Resumed.
Adv. Kaustubh Patil with Adv. Prashant Kalvade for
plaintiff is present. None for defendant.
Adjd for written statement/no w.s. orders to 26.07.2019.
Judge
2
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
944/2019
Resumed.
Adv. Nargis Khan 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 - Adv. Khan tendered original writ of summons. O-
filed.
Adv. Khan tendered draft NM with affidavit seeking
appointment of Court Receiver High Court Bombay or
some other person as receiver in respect of the suit
property. Leave to register is granted. According to her
copy of NM is already served on defendant.
Exh. 7- Vakalatnama of Adv. Manoj Kane I/b Chandra
Naik and Associates for defendants. O- Seen and filed.
Adjd for NM reply to 19.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
23/2018
Resumed.
Adv. Kaustubh Patil for plaintiff is present.,
kept back.
L.O., at 11.50 a.m. Adv. Ritesh Jain I/b M. J. Juris for
defendants seeks time to file w.s. on the ground that the
talks of settlement inter se the parties failed. Time is
granted as last chance with a direction to serve copy of
w.s. in advance to the advocate for plaintiff.
Adjd for written statement to 26.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
26/2018
Resumed.
Adv. Kaustubh Patil with Adv. Prashant Kalvade for
plaintiff is present. None for defendant.
Adjd for written statement/no w.s. orders to 26.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
787/2013
Resumed.
Adv. Vidya Korgaonkar for plaintiff is present. None for
defendant.
Adjd for reply on admissibility of documents to
16.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
4133/2013
Resumed.
None for plaintiff and defendant.
Adjd for reply on admissibility of documents to
17.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
2228/2014
Resumed.
None for plaintiff and defendant.
No steps are taken by the plaintiffs.
Adjd for dismissal orders to 18.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
2461/2017
Resumed.
None for plaintiff and defendant.
The def. no. 1 has taken out NM seeking condonation of
delay and leave to file w.s. The said NM is not yet
registered and decided. Therefore, the def. no. 1 is
directed to get the NM registered as early as possible
failing which necessary orders will be passed in the
matter.
Adjd for NM reply/orders to 23.07.2019.
L.O. at 4.30 p.m. Adv. Nikita More for plaintiff appeared.
Adjd for NM reply/orders 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)
24/04/2019 Roznama
Suit No.
2313/2014
Resumed.
None for plaintiff and defendant.
Adjd for mediation report to 18.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3518/2011
Resumed.
Adv. Vidya Korgaonkar for plaintiff is present.
Exh. 1 - Plaint
Exh. 2 A - Vakalatnama . O- Seen and filed.
Exh. 2 - Written statement of Defe. no. 1. O – R and R.
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 - Issues
Adjd for witness list and evidence of plaintiff to
23.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3235/2012
Exh. 17
Resumed.
Adv. Juben Kanga h/f Adv. Anita Trivedi for plaintiff is
present. None for defendants.
FRSR the following order is passed-
Exh.17 - Judgment
ORDER
1. The suit is dismissed with costs.
2. Decree be drawn up accordingly.
3. The original documents, if any, filed by the plaintiff in
this suit be returned to the plaintiff after the appeal
period is over, upon making application, placing their
copies for record and on proper identification.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
672/2016
Resumed.
Adv. Shashank Thatte for plaintiff and Adv. Nimesh
Dharod h/f Adv. Chheda for defendants are present.
Heard. Respective advocates on NM No. 3728/2018. The
defendants are seeking condonation of delay of 59 days
and further leave to file w.s.
According to Ld. Advocate for defendant the defendant
no. 1 was traveling and could not receive the writ of
summons and thereafter due to Court vacations the w.s.
could not be filed.
The Ld. Advocate for plaintiff strongly opposed the NM
by contending that in spite of the Ld. Advocate for
defendant was appearing int eh matter the w.s was not
filed and that the present NM has been taken out in order
to delay the hearing and disposal of the suit.
Considering the rival submissions, in view of the ratio
laid down by the Hon'ble High Court of Bombay in the
case of Vimalkumar vs Vinodkumar reported in 1999 (1)
Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives
discretion to the Court and Court can permit to file w.s. at
any stage prior to pronouncement of judgment.
Therefore, the prejudice which may be caused to the
plaintiff can be compensated in terms of costs. Thus the
following order is passed- The NM no.3728/2018 is made
absolute in terms of prayer clause (a) and (b) subject to
payment of costs Rs. 3000/- to the plaintiff within a
period of two weeks from today or to be deposited for
that purpose in the Court within two weeks from today.
Adjd for compliance to 03.05.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3085/2013
Mentioned by pracipe. NOB. TOB.
Adv. Rahul Singh h/f Adv. Rajesh Singh for defendant no.
2 tendered draft NM with affidavit seeking rejection of the
plaint and stay of the suit. Leave to register is granted.
He undertakes to serve the defendants.
Adjd for NM reply to 30.04.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
2852/2018
Resumed.
Adv. Prashant Nakti for plaintiff and Adv. Shetye for
defendant no. 1 and 2 Adv. Ganesh for def. no. 3 to 7,
Adv. Sanjay Joshi for def. Nos. 8 and 9 are present.
All the Ld. Advocate submit that they will fix a time to
give inspection of the document to each other. Adv. for
plaintiff seeks time to file rejoinder.
Adjd for NM hearing to 19.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3101/2018
Resumed.
None for plaintiff. Adv. Nakti for def. Nos. 1 to 4 and
Adv. Dipali Gosavi for defendant nos. 5to 7 are present.
Adv. Gosavi seeks time to file reply to NM. Time is
granted as last chance.
Adjd for NM reply to 19.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3335/2011
Resumed.
Adv. Sayali Gharpure for plaintiff and Adv. Kachare for
defendant no. 1 are present.
Adv. Gharpure seeks time to argue the NM. Time is
granted as last chance.
Adjd for NM arguments to 12.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
4972/2012
Resumed.
Adv. Asif Nakhvi for plaintiff is present. Defendant in
person is present. His advocate is absent.
Defendant seeks time to argue the Ch/s. Time is granted
as last chance with a direction that if defendant fail to
argue necessary orders will be passed.
Adjd for Ch/s arguments to 08.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
308/2019
Exh. 8
Resumed.
Adv. Sheena Patil for plaintiff and Adv. Mr. Mamnia with
def. Nos. 2 to 4 are present.
Exh. 8 - Adv. Mamnia filed affidavit of service of NM No.
1609/2019.
Adv. Patil tendered registered NM No. 1330/2019 with
affidavit.
Heard both the advocates on NM No. 1609/2019. The
defendants are seeking condonation of delay of 12 days
and further leave to file w.s. the Ld. Advocate for
plaintiff, without prejudice to the rights of the plaintiff
submitted that necessary orders may be passed in the
matter.
Considering the rival submissions, in view of the ratio
laid down by the Hon'ble High Court of Bombay in the
case of Vimalkumar vs Vinodkumar reported in 1999 (1)
Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives
discretion to the Court and Court can permit to file w.s. at
any stage prior to pronouncement of judgment.
Therefore, the prejudice which may be caused to the
plaintiff can be compensated in terms of costs. Thus the
following order is passed- The NM no.1609/2019 is made
absolute in terms of prayer clause (a) and (b) subject to
payment of costs Rs. 2000/- to the plaintiff within a
period of two weeks from today or to be deposited for
that purpose in the Court within two weeks from today.
Adv. Mamnia for defendants undertakes to tender
registered NM in the Court before next date.
Adjd for NM arguments and compliance to 10.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
1903/2012
Resumed.
Adv. Harshil Panchal for plaintiff, Adv. Savardekar for
defendant and Adv. Daiya for applicant are present.
Adv. Panchal filed affidavit in reply to Ch/s. Copy served
to the Adv. Daiya.
Adv. Daiya undertakes to register the Ch/s before next
date and tendered the copy of Ch/s with affidavit.
Adjd for Ch/s arguments to 10.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
7581/1981
Resumed.
Adv. Amin for plaintiff and Adv. Giriraj along with Adv.
Anasamah Sayed i/b Bilwala and Co. for defendant no. 3
are present. None for remaining defendants.
Heard, both the Ld. Advocates on NM No. 1310/2019.
FRSR the following order is passed on NM No.
1310/2009.
ORDER
1. The Notice of Motion No. 1310 of 2019 is made
absolute in terms of prayer clause (a) and (b) subject to
payment of costs Rs. 2500/- paid to def. no. 3 or to be
deposited for that purpose in the Court within a period of
two weeks from today.
Adjd for compliance and arguments on Ch/s No.
1005/2017 to 14.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
318/2019
Exh. 12
Resumed.
Adv. Kunal Tiwari for plaintiff and Adv. J. P. Patel for
defendant are present.
Exh. 12 - Vakalatnama of Adv. Kunal Tiwari for plaintiff.
O- Seen and filed.
Adv. Tiwari filed affidavit in rejoinder. Copy is served on
Adv. Patel.
Adv. Tiwari tendered draft Ch/s with affidavit seeking
amendment to the plaint. He undertakes to serve the
proposed defendants with Ch/s before next date and
submit affidavit of service. Copy of Ch/s is served on Adv.
Patel. Leave to register is granted. Adv. Patel strongly
objects to extend the earlier order. However considering
the Ch/s, it is necessary to extend the earlier order till
next date.
Earlier order if any to continue till the next date.
Adjd for Ch/s reply to 02.05.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3186/2013
Resumed.
Adv. Rajiv Hingu for plaintiff and Adv. Ms. Joglekar for
defendant nos. 5 to 17 with Mr. Ketan Karani the
secretary of the trust are present. Def. No. 14 in person is
present.
Adv. Joglekar submits that she is appearing on behalf of
the def. Nos. 5 to 17. She seeks time to file w.s. for def.
Nos. 16 (a) and (b) or adopt the w.s. which is already on
record. Her statement is accepted and taken on record.
Exh. 1 - Plaint
Exh. 2 - Written statement of def.
Exh. 2 A -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. Gauri Joglekar for defendant
nos. 5 to 17. O- seen and filed.
Adjd for arguments on NM to 18.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
1135/2017
Mentioned by pracipe. NOB. TOB.
Adv. Rahul Singh h/f Adv. Rajesh Singh for plaintiff
tendered draft NM with affidavit seeking ad-interim relief
to appoint Court Receiver High Court Bombay as receiver
of suit property and further for restraining the defendants
from disposing of the suit property and further furnish
accounts etc. Leave to register is granted. He undertakes
to serve the defendants.
Adjd for NM reply to 03.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
2257/2018
Resumed.
Adv. P.M. Bhansali for plaintiff and Adv. Paras Vira for
defendant are present.
Adv. Paras tendered registered NM No. 825/2019 with
affidavit.
Adv. Bhansali filed affidavit in reply. Copy served on Adv.
Paras. Adv. Vira seeks time to file rejoinder if any. Time is
granted as last chance with a direction to serve copy of
rejoinder if any in advance to the advocate for plaintiff.
Adjd for rejoinder if any and arguments to 24.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
7431/1996
(Disposed off)
Resumed.
None for plaintiff and defendant. Adv. Neha Pande for
applicant seeks time to argue the NM. Time is granted as
last chance.
Adjd for NM arguments to 03.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Execution Appln.
No. 242/2013
Resumed.
Adv. Ruchita Desai for DH and Adv. Aditi Bhat for
respondent in Ch/s are present.
Both the advocates seeks time to argue the Ch/s. Time is
granted as last chance.
Adjd for Ch/s arguments to 23.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
945/2019
Resumed.
None for plaintiff and defendant.
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.
O- Issue writ of summons for settlement of issues to
defendants.
Adjd for report to 01.08.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
3890/2011
Resumed.
None for plaintiff and defendant.
Exh. 1 - Plaint
Exh. 2 - Written statement of Defendant nos. 1 to 5.
Exh. 2 A- 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 - Issues.
Adjd for witness list and evidence of plaintiff to
23.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
339/2014
Resumed.
Adv. Ruby Warghat for plaintiff tendered draft issues.
The P.O. is busy in dictating judgment in Suit no.
3235/2012. For want of time the board is discharged.
Adjd for framing issues to 25.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
2617/2014
Resumed.
The P.O. is busy in dictating judgment in Suit no.
3235/2012. For want of time the board is discharged.
Adjd for framing issues to 25.07.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
721/2016
Resumed.
The P.O. is busy in dictating judgment in Suit no.
3235/2012. For want of time the board is discharged.
Adjd for framing issues to 29.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
581/2019
Mentioned by pracipe. NOB. TOB.
Adv. Jaikar for plaintiff, Adv. Rupesh Ghadi for defendant
no. 2 and defendant no. 1 in person are 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 - Consent affidavit of defendant no. 1.
Exh. 7 - Vakalatnama of Adv. Ghadi for defendant no. 2.
Exh. 8 - Consent affidavit of defendant no. 2.
Adjd for verification and submissions if any to
02.05.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
4695/2012
Exh. 23
Exh. 24
Exh. 25
Exh. 26
Sou Moto TOB.
The Sheristedar brings to the notice of this Court that on
15.03.2019 while recording the cross examination of PW
no. 1 three documents were referred to PW no. 1 by Adv.
Pabari which were produced with list Exh. 23. However,
the same are not recorded in roznama though the
documents were marked with Exh. number during the
cross examination and recorded in the deposition. Thus,
in order to maintain proper record the following exh. are
marked.
Exh. 23 - List of documents.
Exh. 24 - The pass book of account no. 7624 in Vina
Nagar Branch, Bank of Baroda, Mulund.
Exh. 25 - The pass book of account no. 2009712674-8
Bank of Maharashtra, Mulund.
Exh. 26 - The pass book of account no. 20097194287 in
M. G. Road, Mulund branch, Bank of Maharashtra,
Mulund.
Adjd for further cross examination of PW no.1 to
09.07.2019.
Judge
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CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
12/04/2019 Roznama
Execution Appln.
No. 113/2018
Resumed.
Adv. Priyanka Bagat for plaintiff and Adv. Retiwala for
defendant are present.
The P.O. is busy in hearing final arguments in Suit No.
9420/2000 and Suit No. 8152/2000 and dictating
judgment in suit No. 6216/2005. For want of time the
board is discharged.
Adjd for hearing to 14.06.2019.
Judge
CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS
JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01)
24/04/2019 Roznama
Suit No.
672/2016
Resumed.
Adv. Shashank Thatte for plaintiff and Adv. Nimesh
Dharod h/f Adv. Chheda for defendants are present.
Heard. Respective advocates on NM No. 3728/2018. The
defendants are seeking condonation of delay of 59 days
and further leave to file w.s.
According to Ld. Advocate for defendant the defendant
no. 1 was traveling and could not receive the writ of
summons and thereafter due to Court vacations the w.s.
could not be filed.
The Ld. Advocate for plaintiff strongly opposed the NM
by contending that in spite of the Ld. Advocate for
defendant was appearing int eh matter the w.s was not
filed and that the present NM has been taken out in order
to delay the hearing and disposal of the suit.
Considering the rival submissions, in view of the ratio
laid down by the Hon'ble High Court of Bombay in the
case of Vimalkumar vs Vinodkumar reported in 1999 (1)
Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives
discretion to the Court and Court can permit to file w.s. at
any stage prior to pronouncement of judgment.
Therefore, the prejudice which may be caused to the
plaintiff can be compensated in terms of costs. Thus the
following order is passed- The NM no.3728/2018 is made
absolute in terms of prayer clause (a) and (b) subject to
payment of costs Rs. 3000/- to the plaintiff within a
period of two weeks from today or to be deposited for
that purpose in the Court within two weeks from today.
Adjd for compliance to 03.05.2019.
Judge
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