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SUIT - SHORT CAUSE CIVIL SUIT

Sunkersett Palace Co-Operative Hsg. Society Ltd.VsPrakash R. Parekh +4 more

CNR MHCC0100447420205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th April 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100032/2021
Registration Date
06 Jan 2021

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 04-03-2021
    Business: Adv Salil Shaikh present for plaintiff and submitted draft NM alongwith affidavit. Leave granted to register NM. Plaintiff to serve defendant.
    Adv Karishma Shirke present for defendant no.1 and 2.
    Plaint at Exh.1.
    VP at Exh.2.
    Memorandum of address at Exh.3.
    List of documents at Exh.4
    Adv of defendant no.1 and 2 filed VP on behalf of defendant no.1 and 2 at Exh.5.
    None present for defendant no.3 to 5.
    Matter adjourned for NM reply to 08.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None present for plaintiff.
    Adv. Padwal present for defendant No. 03. and filed vakalatnama for defendant No. 3. T.O.R. as Exh.
    Matter adjourned for Nm Reply to. 08/06/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to Covid-19 Matter is Adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adjourned due to Covid 19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv. Shaikh present  for plaintiff and tendered registered NM NO. 713/21 @ affidavit. t.o.r.
    Adv. Karishma present for Defendant no.  1,2 and 3 and sought time for filling reply.
    None present  for MCGM/defendant no. 05.
    Matter adjourned for reply and filling affidavit of service to. 03/09/2021.
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: REPLY
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Salim Shaikh present for plaintiff and sought adjournment.
    Adv. Karishma Shirke present for defendant no. 02
    Adv. Amol Diwate present for MCGM/defendant.
    Matter is adjd. for reply to 22/11/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: None present  for plaintiff.
    adv. Karishma shirke present for defendant no. 01 and 02 and sought adjournment.
    Matter adjourned for reply to. 17/01/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: ADv. Pooja mishra  present for plaintiff and sought adjournemnt.
    Adv. Soraan present  for MCGM/defendant.
    Adv. Karishma shirke for def. 1 to 3
    Matter adjourned for NM hearing on 14-03-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: By precipe.
    Plaint at Exh.1.
    VP at Exh.2.
    Memorandum of address at Exh.3.
    List of documents at Exh.4
    Defendants no. 1 , 2 and 3 present.
    Adv Shirke for defendant  no. 1 to 3 present.
    Defendant advocate tendered VP. TOR. Exh.5.
    Sunil Shah Secretary of plaintiff present.
    Adv Joshi for plaintiff present and filed Consent Terms. TOR. Exh.6.
    None for defendant no.4.
    Adv. Smt. Kumud Soraan for MCGM/ defendant no.5 present.
    Matter is already adjd for submission of defendant no. 4 and 5 on consent terms on 20-04-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv Hemant Joshi for Plaintiff present.
    Adv Shirke for deft no. 1 to 3 present.
    Adv. Smt. Kumud Soraan for MCGM/ defendant no.5  present.
    Mr. Sunil Shah representative of Plaintiff present.
    Defendant Nos. 1 to 3 present in person.
    Mr. Vijay Sawant representative  of  defendant no. 4 present and filed say on consent terms on behalf deft no.4. TOR. EXh.7
    Adv for deft no. 5 present she is given oral no objection for withdrawal of suit against them.
    Exh-1 order-consent terms--
    ORDER BELOW EXH. 01
    See consent terms Exhibit-06 and  order passed below the same. In view of consent terms Exhibit-06 the matter is amicably settled between plaintiff and defendant no. 1 to 3. The parties prayed  that in view of consent terms present suit be disposed off as withdrawn. The plaintiff prayed for disposal of the suit according to the consent terms Exh. 06.
    		Hence, the suit stands disposed off as withdrawal in terms of the consent terms below Exh.06.  In view of  the consent terms   Notice of Motion No.713/2021 is also disposed off.
    		Court fees be refunded as per rules. Registry to act as per the preciepe given by the plaintiff as per the terms  of consent terms below exh.06.   No order as to costs. Proceeding is closed.
                                                                               Judge
    ORDER BELOW EXH. 06
    Today matter is taken on board by the Adv. Hemant Joshi for plaintiff. Adv. Hemant Joshi for plaintiff present. Plaintiff present.  Defendant nos. 1 to 3  present alongwith advocate. Mr. Vijay Sawant representative of the defendant no.4 present. Defendant no.5 present, she have given no objection for withdrawal of the suit against them.
    		The defendant no.4 has filed reply to the consent terms below Exh.7 and given no objection for withdrawal of the suit against them. The plaintiff and defendant no.1 to 3 have filed present consent terms on record.
    		 The consent terms are accepted by both the parties to be true and correct. In view of said consent terms the plaintiff and defendant nos. 1 to 3   have settled the dispute amongst them and now plaintiff prayed for withdrawal of suit against the defendant nos.4 and 5 for consented. Hence, the consent terms are prepared and agreed by plaintiff and defendant nos. 1 to 3. The same are accepted and understood by the parties.   Hence, the consent terms are read and recorded.
     	Specific order is passed below Exh.01.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 08-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105064/2020
    Filing Date: 17-10-2020
    First Hearing Date: 04th March 2021
    Decision Date: 08th April 2022
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    08 Apr 2022

    Order Details: Order below exhibit Pdf Text: MHCC010044742020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXH.06 IN L.C. SUIT NO.32 OF 2021 (CNRMHCC010044742020 ) Sunkersett Palace Cooperative Housing Society Ltd. ….Plaintiff. V/s Prakash R. Parekh & ors. ….Defendants. Appearances: Adv Mr. Hemant Joshi for the plaintiff. Adv Shirke for the Defendant nos. 1 to 3. Mr. Vijay Sawant representative of the defendant no.4. Adv Smt. Kumud Soraan for MCGM/ defendant no.5. CORAM : HER HONOUR SMT A.H.…

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    Final Order 1Full order available
    08 Apr 2022

    Order Details: Order below exhibit Pdf Text: MHCC010044742020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXH.01 IN L.C. SUIT NO.32 OF 2021 (CNRMHCC010044742020 ) Sunkersett Palace Cooperative Housing Society Ltd. ….Plaintiff. V/s Prakash R. Parekh & ors. ….Defendants. Appearances: Adv Mr. Hemant Joshi for the plaintiff. Adv Shirke for the Defendant nos. 1 to 3. Mr. Vijay Sawant representative of the defendant no.4. Adv Smt. Kumud Soraan for MCGM/ defendant no.5. CORAM : HER HONOUR SMT A.H.…

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