Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 N/M No.1612/2018 in Su.3652/2011
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. : MHCC010050682018
NOTICE OF MOTION NO.1612/2018
IN
SUIT NO.3652 OF 2011
Raghunath Rajadhyaksha ...Plaintiff
V/s.
Uma Deepak Lad & Anr. ...Defendants
Adv. Ms. Naik for plaintiff.
Adv. D'souza for defendant no.1.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 27.2.2019.
ORDER
(Dictated in open court)
By this notice of motion, the defendant no.1 is praying for stay of
present suit till the disposal of Testamentary Suit no. 95/2013 pending
in the Hon'ble Bombay High Court. The Ld. Counsel for plaintiff has
submitted that he has no objection if the present suit is stayed as
prayed in the motion.
2. There is no dispute that defendant no.1 has filed Testamentary
Suit no.95/2013 before the Hon'ble High Court for grant of probate of
Will executed by his father Mahadev in respect of suit property. The
present plaintiff is also appearing in the said suit. A perusal of the
issues framed in the present suit show that the decision in the
-- 1 of 2 --
2/2 N/M No.1612/2018 in Su.3652/2011
Testamentary Suit shall have direct bearing on the subject matter of
present suit. Hence the trial of present suit may be a futile exercise.
Hence it will be proper to stay the proceedings of the present suit till
the decision of the Testamentary Suit no.95/2013. Hence, following
order.
ORDER
Notice of motion no. 1612/2018 is made absolute
in terms of prayer clause(a).
(G.R. Agrawal)
Judge, City Civil Court,
Gr. Bombay.
Dictated on : 27.2.2019
Transcribed on : 28.2.2019
Signed on : 28.2.2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
1.3.2019 at 10.40 am (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
27.2.2019
JUDGMENT/ORDER signed by
P.O. on
28.2.2019
JUDGMENT/ORDER uploaded
on
1.3.2019
-- 2 of 2 --