Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO.4192 OF 2018
IN
SUIT NO.985 OF 2018
1. Mrs.Pramila Dattaram Chintal,
2. Mr.Mahesh Dattaram Chintal ... Plaintiffs
Versus
Late Mrs.Lalita D.Madhukuntha
Through her Legal Hiers,
1. Mr.Dinesh Madhukuntha,
2. Mr.Mukesh ... Defendants
CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR
(COURT ROOM NO.9)
DATE : 5th AUGUST, 2019
Ms.Ajita Sahariya, ld. adv. for plaintiffs.
Ms.Ansari, ld adv. for defendant nos.1 to 3.
O R D E R
1. This notice of motion is taken out by plaintiffs for
temporary injunction restraining defendants to take levy of disputed
affidavit dated 08/12/2012 in any manner which would affect the
rights and entitlements of plaintiffs in any manner.
2. Plaintiff no.2 Mahesh Chintal has filed his affidavit in
support of the notice of motion contending that this suit is filed for
declaration that affidavit dated 08/12/2012 is null and void as said
affidavit is neither registered nor any kind of consideration is paid in
respect of execution of said affidavit. According to plaintiffs, said
affidavit is not maintainable in law and liable to be set aside.
Therefore, defendants are necessary to be restrained claiming anything
on the basis of said affidavit.
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3. Defendant nos.1 to 3 have filed their written statement in
the suit at Exh.6 and roznama dated 02/04/2019 shows that
defendants' advocate has made submission before my learned
predecessor that the written statement of defendants may be treated as
their reply to this notice of motion.
4. I have heard plaintiffs' advocate Ms.Ajita Sahariya and
advocate Ms.Ansari for defendant nos.1 to 3. I have perused plaint,
written statement and documents annexed to plaint. On perusal of
plaint and the documents it is noticed by me that plaintiffs have
challenged the disputed affidavit on various grounds contending that
said affidavit is not registered, no consideration was paid for execution
of said affidavit. Plaintiffs have also contended that said affidavit is
written in English language and plaintiffs were unable to understand
the contents of said affidavit. Therefore, according to plaintiffs, the
relief as prayed in notice of motion is necessary to be granted. It is
plaintiffs' case that on the basis of disputed affidavit defendants have
dispossessed the plaintiffs from suit premises.
5. Defendants in their written statement denied all the
allegations made by plaintiffs. Advocate for plaintiffs and defendants
have argued as per contentions raised in the plaint and written
statement. I have given serious consideration to the arguments as well
as pleadings and documents. On perusal of prayer clauses from the
notice of motion, it is noticed by me that if the relief as prayed in prayer
clause(a) of notice of motion will be granted it will amount to give
blanket injunction against defendants because plaintiffs have not
claimed specifically that what kind of relief they are intending to claim
from the Court. As the prayer clauses from notice of motion are not
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specific, I find that this notice of motion is necessary to be disposed off
with liberty to plaintiffs to file fresh notice of motion in which specific
prayers should be made. Hence, I proceed to pass the following order.
O R D E R
1. Notice of Motion No.4192 of 2018 stands disposed off with
liberty to plaintiffs to file fresh Notice of Motion, however it is
made clear that prayer clauses from said Notice of Motion should
be specific.
2. Plaintiffs may serve the copy of draft Notice of Motion upon
defendants in advance and defendants will have to reply it
immediately.
Sd/
(K.P.NANDEDKAR)
05/08/2019 JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 05/08/2019
Transcribed on : 08/08/2019
Signed by HHJ on : 13/08/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
14/08/2019 11.50AM B.R.HATEKAR S.G.
Name of the Judge HHJ Shri K.P.NANDEDKAR(CR No.9)
Date of Pronouncement of Judgment/Order. 05/08/2019
Judgment/order signed by P.O on 13/08/2019
Judgment/order uploaded on 14/08/2019
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