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Order 1

CNR MHCC01005078201801 Sept 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Order 1 · 01 Sept 2018 · CNR MHCC010050782018

Order Details: Notice of Motion
Pdf Text: :1: NM-1608-18 Suit.1337-14
CNR NO. MHCC0100507818
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.1608 OF 2018
IN
S.C. SUIT NO.1337 OF 2014
Salam Abdul Karim Shaikh & Ors. ] .. Plaintiffs.
Versus
Abdul Hafiz Shaikh & Ors. ] .. Defendants.
CORAM: HER HONOUR JUDGE
BHARTI KALE
(C.R. No. 4).
DATE: 1st September, 2018.
Adv. Mujib Khan for plaintiffs.
Adv. R.M.Nakhawa i/b. Vasant Dhavan for defendants.
ORDER
The plaintiff has taken out this notice of motion for
deciding the issue of jurisdiction under Order14 Rule2 of Code of Civil
Procedure, as this court has no jurisdiction because plaintiffs are
seeking declaration that they are legal heirs of Abdul Karim Shaikh.
2. The defendants have opposed the said notice of motion.
3. In the order passed by the Hon’ble High Court in Writ
Petition No.4100 of 2017 the contention of the defendants is already
considered. Moreover, in view of amendment to Section9A of the Code
of Civil Procedure, the present prayer of the defendant cannot be
considered. Hence, the notice of motion is dismissed.
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:2: NM-1608-18 Suit.1337-14
ORDER
i) The Notice of Motion No.1608 of 2018 is dismissed.
ii) Accordingly notice of motion is disposed of.
(BHARTI KALE )
Judge
City Civil Court, Gr. Bombay.
Date : 01/09/2018
Dictated on: 01/09/2018
Transcribed on: 07/09/2018
Signed on: 07/09/2018
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:3: NM-1608-18 Suit.1337-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
10/09/2018 at 4.25 p.m
UPLOADED DATE AND TIME (DASTAGIR B. MULLA)
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.
H.H.J. BHARTI KALE (Court
Room No.4)
Date of Pronouncement of
Judgment/Order
01/09/2018
Judgment/Order signed by P.O.on 07/09/2018
Judgment/Order uploaded on 10/09/2018
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