Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1731/19(Suit-3920/10)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1731/2019
(CNR No.MHCC010047592019)
IN
S.C. SUIT NO. 3920/2010
(H.C. SUIT NO. 1647/2010)
1. Muktabai Shivram Kamble
2(a) Rajendra Vasant Salvi
2(b) Surendra Vasant Salvi
2(c) Vanita Dilip Sonawane ..Plaintiffs
V/s.
1. Madhukar Mahadev Bagade
2. Indira Mahadev Bagade
3. Nirmala Mahadev Bagade
4. Sugandha Mahadev Bagade
5. Ashok Mahadev Bagade
6. Shobha Mahadev Bagade
7. Lata Mahadev Bagade
8. Chandrakant Mahadev Bagade
9. Rama Mahadev Bagade
10. Sujata Mahadev Bagade
11. Suchitra Mahadev Bagade
12. Sangamitra Mahadev Bagade
13. Manjula Sahadev Jadhav. .. Defendants.
Appearances :
Ld. Adv. Jitendra Saurabh h/f Adv. J.J.Shah for plaintiffs.
Ld. Adv. Ms. Bhatia @ Adv. Mr. A.M.Rajabally for defendant 5 to 8 & 10
to 12.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 03.
Date : 11.11.2021.
ORDER
1. Plaintiffs filed instant Notice of Motion seeking following
reliefs :
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(a) That this Hon'ble Court be pleased to pass the order to set
aside the order dated 22.2.2019 passed by the Hon'ble Court
that not to comply the order dated 5.4.2018 and the evidence
of plaintiffs closed;
(b) For interim and adinterim reliefs in terms of prayer(b)
above;
(c) For costs of this Notice of Motion.
(d) For such other and further reliefs as the nature and
circumstances of the case may require.
2. Motion is opposed by defendants by filing say. I have
heard both sides. Perused Motion, reply as well as Roznama of the
proceeding. The plaintiffs are seeking to recall order dated 22.2.2019,
by which my Ld. Predecessor closed evidence of the plaintiffs.
3. No doubt, it appears from Roznama that, there is
negligency on the part of the plaintiffs to proceed with the matter.
Therefore, the aforesaid impugned order came to be passed. Ld
Advocate for the plaintiffs made a statement that, he is ready to proceed
with the matter and their evidence is ready.
4. The suit is for partition and separate possession. I am of the
view that, by closing plaintiffs' side nothing would be achieved. The suit
needs to be decided on merits. Therefore, I am of the view that, the
impugned order dated 22.2.2019 needs to be recalled, in the interest of
justice. The inconvenience caused to the defendants can be
compensated by awarding reasonable costs. Thus, I proceed to pass
following order :
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ORDER
1. Notice of Motion No.1731/2019 is allowed.
2. Order dated 22.2.2019 is hereby recalled upon payment of costs
of Rs.5,000/ to be payable by plaintiff to the defendant nos.5 to
8 and 10 to 12 on or before next date.
3. Upon payment of costs, the plaintiff is allowed to file their
evidence on affidavit along with list of documents and list of
witnesses with advance copy to other side.
4. In view of above, Notice of Motion is disposed of accordingly.
Sd/
(A.H.Laddhad)
Judge,
Dated : 11.11.2021 City Civil and Sessions Court,
Dictated on : 11.11.2021 Greater Bombay (CR 03)
Typed on : 12.11.2021
Draft Submitted on : 12.11.2021
Signed on : 12.11.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
12.11.21 at 2. pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 11/11/2021
JUDGMENT/ORDER signed by P.O. on 12/11/2021
JUDGMENT/ORDER uploaded on 12.11.2021
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