Final Order 1

Order Details: Other
Pdf Text: Noting : 1 C. R. No. 01
16/09/2019
SU-7464/01
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhadang for plaintiff present.
Adv. Yasmin Sarang for defendant present.
DW-2 is present.
The Ld. Counsel for the plaintiffs submitted that the
defendant placed reliance upon the documents which
were not referred in the pleadings of the defendant,
therefore the plaintiff wants to verify and call upon the
defendant to supply other relevant documents and seeks
adjournment. Adjournment is granted.
Adjourned for recording evidence to 4.10.2019
Judge
16/09/2019
SU-8249/84
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vasudeo for plaintiff present.
Adv. N. C. Parekh with Adv. Nirav J. Mariadi for
defendant nos. 7 and 9 to 18 present.
By consent of the parties, matter is adjourned to
30.9.2019 for commissioner report.
Judge
16/09/2019
SU-6294/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mayur Agarwal for plaintiff present.
None present for defendants.
Adjourned for additional issues to 16.10.2019.
LO
Adv. Darshan Ashar for defendant nos. 5 to 7 present.
Judge
16/09/2019
SU-5959/06
Exh. 80
Exh. 79-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gaonkar for plaintiff present.
Adv. Mehul Shah for defendants present.
Application filed by the defendants seeking permission to
lead evidence of defendant no. 2.
Call say of plaintiff.
Rejoinder to reply filed by the plaintiff to Exh. 79 filed by
the defendants. O-Seen.
Adjourned for reply on Exh.80 and hearing on Exh. 79 to
14.10.2019.
Judge
-- 1 of 20 --
Noting : 2 C. R. No. 01
16/09/2019
SU-6031/06
Exh. 74
Exh. 73-A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gaonkar for plaintiff present.
Adv. Mehul Shah for defendants present.
Application filed by the defendants seeking permission to
lead evidence of defendant no. 2.
Call say of plaintiff.
Rejoinder to reply filed by the plaintiff to Exh. 79 filed by
the defendants. O-Seen.
Adjourned for reply on Exh.74 and hearing on Exh.73 to
14.10.2019.
Judge
16/09/2019
SU-7489/03
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Narayanan for plaintiffs present.
None present for defendants.
R and P was forwarded to the Hon'ble High Court.
Matter is adjourned for awaiting R and P to 11.10.2019
Judge
16/09/2019
SU-3848/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhel for plaintiff present
Adv. Bodke for defendant present.
The Ld. Advocate for the plaintiff and defendant
submitted that the cross examination of the witness is in
progress before the Court commissioner.
Adjourned for report of Court Commissioner to
7.10.2019.
Judge
16/09/2019
SU-4133/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. for plaintiff present.
None present for defendant.
The Ld. counsel for the plaintiff seeks time.
Adjourned for recording evidence to 21.10.2019.
Judge
-- 2 of 20 --
Noting : 3 C. R. No. 01
16/09/2019
SU-1154/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dey for plaintiff present.
The Ld. Counsel for the plaintiff seeks time for adducing
evidence.
Adjourned for evidence of plaintiff to 18.11.2019.
Judge
16/09/2019
SU-3894/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Siddiqui for plaintiff present.
Adv. D'souza for defendant nos.1 and 2 present.
None present on behalf of defendant nos. 3 to 5.
On perusal of the record it reveals that the defendant no.
6 was not served with the suit summons and she
appeared through advocate Nalawade, but the
vakalatnama reveals that it does no bear her signature.
Even the written statement is not signed by defendant no.
6. Plaintiff to take steps to serve defendant no. 6,
otherwise the court will proceed in accordance with law.
As the defendant nos. 3 to 5 failed to adduce the
evidence suit to proceed without evidence of defendant
nos. 3 to 5.
Adjourned for steps to 4.10.2019.
Judge
16/09/2019
SU-1439/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Giriraj for plaintiffs present.
Adv. P. S. Tiwari for defendants present.
The Ld. Counsel for the plaintiff seeks time for evidence.
Adjourned for evidence of plaintiff to 4.11.2019.
Judge
16/09/2019
SU-2234/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Akshay Pawar for plaintiff present.
None present for defendants.
Amended copy of the plaint filed by the plaintiff.
The Ld. Counsel for the plaintiff seeks to adduce
evidence.
Adjourned for evidence of the plaintiff to 6.11.2019.
Judge
-- 3 of 20 --
Noting : 4 C. R. No. 01
16/09/2019
EA-387/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Report of Commissioner not received.
Adjourned for report of Commissioner to 4.11.2019
Judge
16/09/2019
SU-2364/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
No affidavit of service filed. Even proof of writ of
summons is also not filed. Plaintiff failed to take the
steps. Hence put for order.
Adjourned for order to 18.11.2019.
Judge
16/09/2019
SU-873/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Redekar for plaintiff present.
Defendant nos. 1 to 6 exparte.
The Ld. counsel for the plaintiff seeks time to file
additional evidence. Time is granted.
Adjourned for additional evidence of plaintiff to
5.11.2019.
Judge
16/09/2019
SU-1909/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vtripathi for plaintiff present.
Adv. Gajanan Shinde for defendant present.
The Ld. counsel for the plaintiff seeks time to adduce
further evidence.
Adjourned for further evidence of the plaintiff as a last
chance to 6.11.2019.
Judge
16/09/2019
SU-33/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Redekar for defendant nos. 1 and 2 present.
Adjourned for issues to 19.10.2019.
Judge
16/09/2019
SU-557/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for issues to 19.10.2019.
Judge
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Noting : 5 C. R. No. 01
16/09/2019
SU-7119/03
Exh. 18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Mr. Madhukar Sawant (PW-1) on behalf of plaintiff
present.
Adv. Sanjil Kadam for defendant no. 1 present.
The Ld. counsel for the defendant no. 1 submitted that
the defendant no. 1 does not want to lead evidence.
Puris to that effect filed by the defendant no.1 O-Seen
and filed.
Adjourned for final arguments to 25.9.2019.
Judge
16/09/2019
SU-4540/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Surve for plaintiff present.
Adv. Pansare for defendant nos. 2 and 3 present.
Defendant no. 1 present.
PW-1 present.
Defendant no. 1 seeks time as his advocate is not
available.
Adjourned for cross examination of PW-1 to 22.10.2019.
Judge
16/09/2019
SU-2617/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajeshirke for plaintiff present.
Adv. Karande for defendant no. 2 present.
Adv. Ravindra Chile for defendant nos. 4 and 6 present.
The Ld. Advocate for the plaintiff submitted that the
Hon'ble High court has placed the Writ Petition for order.
Hence, the matter is adjourned to 11.11.2019.
Judge
16/09/2019
SU-549/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mhatre for plaintiff present.
Adv. Dalvi for defendant no. 1 present.
Heard argument of Ld. Advocate for defendant no. 1.
The Ld. Advocate for the plaintiff seeks time for
argument.
Adjourned for argument of plaintiff to 18.9.2019.
Judge
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-- 5 of 20 --
Noting : 6 C. R. No. 01
16/09/2019
EA-122/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. K. D. Shah for Decree Holder present.
The Ld. counsel for the DH submitted that the copy of
the Agreement for Sale which was lying with the
concerned Sub-Registrar office has been forwarded to the
Collector of Stamps at Kurla. The process of
adjudication, on the request of the DH, is yet to be
completed by the Collector of the Stamps. Matter is
adjourned for the report in respect of adjudication by the
Collector of the Stamps. On previous date in the
roznama it is wrongly mentioned collection instead of
Collector. Therefore it is corrected accordingly.
Matter is adjourned for the report in respect of
adjudication by the Collector of the Stamps to 5.11.2019.
Judge
16/09/2019
SU-948/13
Exh. 22
Exh. 23
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Anita Waghchoure for plaintiff present.
Adv. Jyoti Pandey for defendant present.
Deposition of PW-2-Suryakant Nalawade.
Examination-in-chief and cross examination of PW-2
completed.
Evidence closing pursis filed by the plaintiff. O-Seen and
filed.
Adjourned for evidence of defendant to 3.10.2019.
Judge
-- 6 of 20 --
Noting : 7 C. R. No. 01
16/09/2019
SU-5945/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sandeep Dhankgar for applicants in chamber
summons present.
Adv. Kalyani Wagale for defendant no. 5 present.
Order below Chamber Summons no. 1173/2019.
Heard. The Ld counsel for the applicants submitted that
the original plaintiff expired on 27.3.2019 and therefore
he has brought this Chamber Summons for incorporating
the applicants as his legal heirs. The defendants have not
filed the reply, but the Ld. counsel for defendant no. 5
opposed the chamber summons
Along with Chamber Summons applicants have
annexed Death Certificate. On perusal of it, it reveals that
the original plaintiff expired on 27.3.2019. The Chamber
Summons was brought on 28.6.2019 i.e. within the
period of 90 days. Therefore there is no impediment in
considering the present chamber summons. Hence it is
expedient to pass following order.
ORDER
1. Chamber Summons no. 1173/2019 is made absolute
in terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendment in the
plaint within 14 days from today.
3. Chamber summons no. 1173/2019 is disposed of
accordingly.
______________________________________________
Adjourned for compliance to 16.10.2019.
Judge
16/09/2019
SU-2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Ranbir Singh for plaintiff present.
Adv. Navin Parekh for defendant no. 1 present.
Affidavit in reply filed by defendant no. 1 to the
additional affidavit filed by the plaintiff. TOR. The copy
of the same has been served today to the plaintiff. The
Ld. counsel for the plaintiff seeks time to file rejoinder.
Matter is already adjourned to 24.9.2019.
Adjourned for rejoinder to 24.9.2019.
Judge
-- 7 of 20 --
Noting : 8 C. R. No. 01
16/09/2019
SU-2450/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Ghag for plaintiff present.
Adv. Deepak Rajbhar for defendant present.
Draft NM filed by the plaintiff. Leave is granted to
register.
There is element of settlement in the present matter and
therefore the matter be referred for mediation.
Adjourned for reply to NM and report of mediation to
3.10.2019.
Judge
16/09/2019
SU-4845/08
(Disp. Of)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie
Adv. Sheetal Shah for defendant nos. 6 and 6(a) present.
Application filed on behalf of defendant nos. 6 and 6(a).
ORDER
Read application. Heard. The Ld. counsel for the
defendant nos. 6 and 6(a) submit that the defendant nos.
6 and 6(a) have submitted 52 original documents and
they required the same. She further submitted that the
plaintiff has not taken any steps as per Order 7 rule 10 A
of the CPC.
This court vide order dated 13.8.2019 directed
that plaint be returned to the plaintiff, to be presented
before the Hon'ble High Court. It is submitted on behalf
of the defendant nos. 6 and 6(a) thaa they have filed 52
original documents. Hence it is expedient to pass
following order.
ORDER
1. Application is allowed.
2. Sheristedar to return 52 original documents, if any on
the record, to the defendant nos. 6 and 6(a) as per rules
after obtaining the copies of the same.
2. Sheristedar to take the acknowledgment of the
concerned defendants.
3. Application is disposed of accordingly.
Judge
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Noting : 9 C. R. No. 01
16/09/2019
SU-1778/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajnish Dubey for plaintiff present.
Adv. Giriraj for defendant no. 1 present.
The Ld. counsel for the plaintiff submitted that the
plaintiff no. 1 passed away and seeks time to take steps.
Matter is adjourned to 14.10.2019 for steps, if any within
the stipulated period.
Judge
16/09/2019
SU-6336/04
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Lad for plaintiff present.
Adv. Page for defendant present.
Heard argument of Ld. Advocate for plaintiff and
defendant on chamber summons.
Adjourned for order on chamber summons to 23.9.2019.
Judge
16/09/2019
SU-543/11
Exh. 8
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sawant for plaintiff present.
Defendant present.
Adjournment application filed by the defendant.
Order below Exh. 8
Read application and say. Heard. On last date the
defendant was granted last chance for hearing on NM
tendered by the defendant. The defendant by this
application, seeking adjournment on account of some
writ petition filed by him before the Hon'ble High court.
It appears that in the said writ petition no order of this
court is under challenged and therefore the same cannot
be the ground for adjournment. But in the interest of
justice as a very last chance matter is adjourned for
hearing on NM. Defendant to take note that in case
defendant failed to advance hearing on NM, the court
will proceed ahead in accordance with law.
Adjourned for NM hearing to 19.10.2019.
Judge
-- 9 of 20 --
Noting : 10 C. R. No. 01
16/09/2019
EA-373/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirza for Decree Holder present.
Adv. Nikhil Rajeshirke original deft. no. 5 present.
Adv. Arti Tawde for Judgment Debtor no. 2 (c) present.
Adv. Sachin Shetye for obstructionist present.
The Judgment Debtor no. 2(c) has filed reply to Chamber
summons no. 292/19. The other Judgment Debtors
failed to file reply. The Ld. counsel for original deft .no. 5
seeks time to file reply to chamber summons no. 292/19.
Chamber summons no. 292/19 to proceed without reply
of the other Judgment Debtors except original defendant
no. 5.
Heard argument of Ld. Advocate for obstructionist and
plaintiff on chamber summons no.1937/16
Adjourned for order on Chamber summons no. 1937/16
and for reply of defendant no. 5 to Chamber Summons
no. 292/19 to 14.10.2019.
Judge
16/09/2019
EA-372/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mirza for Decree Holder present.
Adv. Nikhil Rajeshirke original deft. no. 5 present.
Adv. Arti Tawde for Judgment Debtor no. 2 (c) present.
Adv. Sachin Shetye for obstructionist present.
The Judgment Debtor no. 4(c) and 5 have filed reply to
Chamber summons no. 293/19. The other Judgment
Debtors failed to file reply. Chamber Summons no.
293/2019 to proceed without reply of the other
Judgment Debtors.
Heard argument of Ld. Advocate for obstructionist and
Decree holder on Chamber Summons No. 1938/16
Adjourned for order on chamber summons no. 1938/16
and hearing on chamber summons no. 293/2019.
Judge
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-- 10 of 20 --
Noting : 11 C. R. No. 01
16/09/2019
SU-1863/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vaid for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff on NM. None present for
defendant.
Put NM for order.
Adjourned for order on NM to 25.9.2019.
Judge
16/09/2019
SU-664/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Affidavit of service not filed.
Adjourned for affidavit of service of writ of summons to
7.11.2019.
Judge
16/09/2019
SU-2667/18
Exh. 12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Bhat for plaintiff present.
Defendant present.
Adjournment application filed by the defendant.
O-Read application. Since long matter is pending for
hearing. Already last chance was granted to the
defendant. The reason given by the defendant is not
cogent. Hence application for adjournment is rejected.
Heard Ld. Advocate for plaintiff on NM.
Adjourned for order on NM to 30.9.2019.
Judge
16/09/2019
SU-26/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shakuntala Mudbidri for plaintiff present.
Defendant present.
Defendant submitted that his counsel is not available and
seeks adjournment.
Adjourned for NM hearing to 23.10.2019
Judge
-- 11 of 20 --
Noting : 12 C. R. No. 01
16/09/2019
SU-153/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Ansari for defendant present.
Defendant filed reply to NM. Copy of the same supplied
to the plaintiff.
Adjourned for hearing on NM to 5.11.2019.
Judge
16/09/2019
SU-824/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vaid for plaintiff present.
Adv. Bhatia for defendant on. 1 present.
Reply to Chamber Summons filed by defendant no. 1.
Earlier order if any to continue till next date.
Adjourned for hearing on chamber summons to
6.11.2019.
Judge
16/09/2019
SU-2924/14
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kavita Sharma for plaintiff present.
Prusis filed by the advocate for original plaintiff
intimating original plaintiff had expired on 12.5.2019. It
seems that the Legal representatives of the original
plaintiff are not taking any steps to incorporate them as
his legal representatives. Even otherwise more than 90
days have been passed since the death of the original
plaintiff. Therefore suit is abated. Accordingly the
pending notice of motions are disposed of.
Judge
16/09/2019
EA-387/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO
Adv. Tripathi for DH present.
It is informed that commissioner's report is filed on
previous date. The DH and JD to file say on
commissioner report. Adjourned for the say of DH and
JD on report of Court Commissioner to 4.11.2019.
Judge
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-- 12 of 20 --
Noting : 13 C. R. No. 01
16/09/2019
SU-1424/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pankaj Shah for plaintiff present.
Adv. Jain for both the defendants present.
Register NM no.1211/19 and 1212/19 tendered by the
defendants.
Heard Ld. Advocate for defendants and plaintiff on NM
no. 1211/19 and NM no. 1212/19.
Order below Notice of Motion No. 1211/19
This Notice of Motion is tendered by defendant no. 2
seeking the condonation of delay of 215 days in filing the
written statement. Heard. The Ld. counsel for the
defendant no. 2 submitted that the defendant no. 2 wish
to rely upon the documents which are more than 30
years old and it took considerable time for defendant no.
2 to trace out the same. Therefore there is delay in filing
the written statement and same be condoned.
The plaintiff opposed the notice of motion on the
count that sufficient cause has not been established by
the defendant no. 2 and therefore the Notice of Motion
needs to be dismissed in limine with costs.
The reason assigned by the defendant no. 2 that the
considerable time was consumed by the defendant no. 2
to trace the documents which are more than 30 years old
does not sound proper. The defendant no. 2 is a
association and the time is required by the association to
trace the document appears to be unacceptable. But at
the same time the defendant no. 2 intends to prosecute
the matter. Therefore, there should not be hyper technical
and pedantic approach in dealing with such type of
Notice of Motion. The substantial rights of the parties are
involved and therefore Notice of Motion needs
consideration. Hence, it is expedient to pass following
order.
ORDER
1. Notice of Motion No. 1211/2019 is made absolute in
terms of prayer clause (a) subject to costs of Rs. 5,000/-
to be paid to the plaintiff by the defendant no. 2 within a
period of four weeks from today.
2. The payment of costs is subject precedent.
3. Notice of Motion is disposed of accordingly.
4. After payment of cost within stipulated time, written
statement be taken on record.
________________________________________________
Order below Notice of Motion No. 1212/19
-- 13 of 20 --
Noting : 14 C. R. No. 01
This Notice of Motion is tendered by defendant no. 1
seeking the condonation of delay of 96 days in filing the
written statement. Heard. The Ld. counsel for the
defendant no. 1 submitted that the defendant no. 1 wish
to rely upon the documents which are more than 30
years old and it took considerable time for defendant no.
1 to trace out the same. Therefore there is delay in filing
the written statement and same be condoned.
The plaintiff opposed the notice of motion on the
count that sufficient cause has not been established by
the defendant no. 1 and therefore the Notice of Motion
needs to be dismissed in limine with costs.
The reason assigned by the defendant no. 1 that the
considerable time was consumed by the defendant no. 1
to trace the documents which are more than 30 years old
does not sound proper. The defendant no. 1 is a society
and the time is required by the society to trace the
document appears to be unacceptable. But at the same
time the defendant no. 1 intends to prosecute the matter.
Therefore, there should not be hyper technical and
pedantic approach in dealing with such type of Notice of
Motion. The substantial rights of the parties are involved
and therefore Notice of Motion needs consideration.
Hence, it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1212/2019 is made absolute in
terms of prayer clause (a) subject to costs of Rs. 5,000/-
to be paid to the plaintiff by the defendant no. 1 within a
period of four weeks from today.
2. The payment of costs is subject precedent.
3. Notice of Motion is disposed of accordingly.
4. After payment of cost within stipulated time, written
statement be taken on record.
________________________________________________
Adjourned for compliance to 19.10.2019.
Judge
-- 14 of 20 --
Noting : 15 C. R. No. 01
16/09/2019
SU-882/17
Exh. 17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Balgopal for plaintiff present.
Adv. Kavita Sharma for defendant present.
Adjournment application filed on behalf of plaintiff.
O-Granted as a last chance.
Adjourned for reply to NM to 21.10.2019.
Judge
16/09/2019
SU-8248/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for plaintiff present.
Adv. Patare for defendant present.
The ld. counsel for the defendant submitted that the
defendant has deposited the requisite court fees and has
filed the challan to that effect. Concerned to verify from
the office.
Adjourned to 18.9.2019.
Judge
16/09/2019
SU-783/14
Exh. 4-A
Exh. 42
Exh. 43
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mandon for plaintiff present.
Adv. Gayatri Sharma for defendant no. 1 present.
The matter is for judgment but it appears that the issues
are required to be recasted and accordingly recasted.
Re-casted issues are framed by the Court.
Pursis filed by the plaintiff.
Pursis filed by the defendant no. 1
By the pursis plaintiff and defendant no. 1 informed that
they do not want to lead any evidence on recasted issues
and advance any argument.
Adjourned for judgment to 21.9.2019.
Judge
16/09/2019
EA-280/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for applicant present.
Court is busy in other matters.
Adjourned for order to 23.9.2019.
Judge
16/09/2019
SU-2478/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Milind Kamble for plaintiff present.
Adv Rahul Nerulkar with Hemant Ghadigaonkar for
proposed defendant no. 3 present.
-- 15 of 20 --
Noting : 16 C. R. No. 01
Ld. advocate for defendant no. 3 seeks time.
Adjourned for hearing on NM to 17.9.2019.
Judge
16/09/2019
Delay
Condonation
appl. no.
602//18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Original applicant / respondent no. 1(a) present. He
submitted that he has supplied the copy of the
application to the original plaintiff
Applicant / original respondent no. 1(a) submitted that
he will file affidavit of service in respect of service of
application to the Court Receiver.
Original defendant no. 2 is present. She seeks time to file
reply .
Adjourned for filing of affidavit and reply to 21.10.2019.
Judge
16/09/2019
SU-19/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ravindra Khillare for plaintiff present.
The ld counsel for the plaintiff seeks time to file service
affidavit. Granted as a last chance.
Adjourned for affidavit of service to 8.11.2019.
Judge
16/09/2019
St. No. 808/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vijay Hiremath for plaintiff present.
Defendant in person present.
Heard argument of Ld. Advocate for plaintiff and
defendant in person on NM no. 2485/19.
Adjourned for order on NM no. 2485/19 to 3.10.2019.
Judge
16/09/2019
St. no.
13537/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
The suit is not yet register. Matter be sent to department
for removal of objection.
Adjourned for compliance to 8.11.2019.
-- 16 of 20 --
Noting : 17 C. R. No. 01
Judge
**********************
16/09/2019
SU-663/13
NM reply
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Wagale for plaintiff present..
None present for defendant no.1.
Adv. Yasmin Sarang for defendant no. 2 present.
Deft. no. 1 has not filed reply to NM No. 1774/19. NM
No. 1774/19 to proceed without reply of defendant no. 1
Adjourned for hearing on Both the notice of motions to
7.11.2019.
Judge
16/09/2019
EA-52/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for order to 23.9.2019.
Judge
16/09/2019
M. A. 22/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for applicant present.
Court is busy in other matters.
Adjourned for order to 23.9.2019.
Judge
16/09/2019
M. A. 23/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Agarwal for applicant present.
Court is busy in other matters.
Adjourned for order to 23.9.2019.
Judge
16/09/2019
SU-3502/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. P. S. Tiwari for original defendant present.
Draft Chamber summons tendered by original defendant
present. Leave is granted to register.
-- 17 of 20 --
Noting : 18 C. R. No. 01
Adjourned for reply to chamber summons to 27.9.2019.
Judge
16/09/2019
SU-1183/19
Exh. 4
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Plaintiff in person present.
Application filed by the plaintiff for taking matter on
today's board. O-Allowed.
Application filed by the plaintiff for withdrawal of the
suit.
The plaintiff is not identified by his advocate. The
plaintiff submitted that his advocate is not cooperating.
He has filed an application for withdrawal of the suit and
submitted that the matter is settled outside the court and
therefore he does not wish to prosecute the suit. I had
verified the contents of the withdrawal application and
the plaintiff reiterate the same. Hence it is expedient to
pass the following order.
ORDER
1. Suit is disposed of as withdrawn .
2. No order as to costs.
3. Court fees be refunded as per rules
Judge
16/09/2019
SU-3152/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Matter is pertaining to C.R. no. 4
Adv. Giriraj for plaintiff present.
Adv. Bhadang for defendant no. 1 present.
Court is busy in other matters.
Adjourned for hearing on NM and CS to 17.9.2019 at
4.00 pm.
Judge
16/09/2019
SU-3112/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nikita Bhavsar for plaintiff present.
Adv. Andrews for defendant present.
Adjourned to 11.11.2019.
-- 18 of 20 --
Noting : 19 C. R. No. 01
Judge
07/09/2019
Su.2053/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Matter is Adjd. to 04.11.2019 for Dismissal.
Judge
07/09/2019
SU 7757/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ashok Mishra for pltff present.
C.A of pltff present.
K.B
LO
Court is busy in other matters.
Matter is adjd to 21.09.19 for Exh.12 order.
Judge
07/09/2019
SU 3431/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Rajhans for pltff present.
None for deft.
The deft has not tendered register N/M.
Matter is adjd to filing of register N/M as a last chance to
07.10.2019.
Judge
04/09/2019
SU-7305/01
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Yogesh Gaikwad for plaintiff present.
Adv. Joshi for defendants present.
DW-1 absent.
Ld. counsel for plaintiff and defendant seeks
adjournment. Adjournment granted as last chance.
Matter stands adjn. For R.E. P. H. to 11.10.19.
Judge
05/09/2019
SU-2223/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Keep Back
Later on
Ld. counsel for plaintiff present and she seek time to file
draft issues.
Matter adjn to 14.10.19 for framing issues.
-- 19 of 20 --
Noting : 20 C. R. No. 01
Judge
13/09/2019
SU-3684/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Brijesh for plaintiffs present.
Adv. Shah for defendant nos. 1 to 4 present.
As connected suit no. 3707/08 is adjourned, therefore
this matter is also adjourned for recording evidence to
17.10.2019.
Judge
*********************************************
16/09/2019
SC-176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP absent.
Accused nos. 1 to 4 produced from jail.
Adv. Mangesh Ghodke h/f Adv. Jagtap for all accused
present.
The Ld. Counsel for the accused seeks adjournment on
the count that senior advocate is not available.
Adjourned for arguments to 20.9.2019.
Judge
Completed.
-- 20 of 20 --