Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M NO.1716 OF 2020
CNR: MHCC01-005123-2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1716 OF 2020
IN
SUIT NO.3150 OF 2008
(HIGH COURT SUIT NO.86 OF 2008)
Haji Abdul Rauf S/o Haji
Shamshad Hussein .. Plaintiff
V/s.
1. Sunnat Jamat-ul-Muslemeen Jadeeda
and Ors. .. Defendants
Appearances :-
Mr. Ravindra Singh, Adv. for plaintiff.
Mr. Sharma, Adv. for defendant Nos.1 to 7.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 2nd March, 2021.
ORDER
1 This Notice of Motion is moved by the defendant Nos.1
to 7 for setting aside ‘no say’ order dt.02/11/2019.
2 Learned Adv.Sharma for defendant Nos.1 to 7
submitted that defendant No.1 is a Trust and defendant Nos.2 to 7
are the trustees. Suit is filed U/s.6 of Specific Relief Act for the
possession alongwith other reliefs. Matter was fixed for filing say
-- 1 of 4 --
2 N/M NO.1716 OF 2020
on the documents of the plaintiff on 02/11/2019. On that day,
defendant No.3 filed application for adjournment on the ground of
ill-health of advocate, however, Court observed that on the last
occasion, last chance was granted and matter proceeded without
say of the defendant Nos.1 to 7. He requested that defendant
Nos.1 to 7 be permitted to file their say on the documents of the
plaintiff and delay, if any, in filing the Notice of Motion needs to be
condoned.
3 On the contrary, learned Adv.Ravindra Singh for
plaintiff opposed the Notice of Motion. He argued that defendants
are prolonging the mater, therefore, Court rightly passed ‘no say’
order. Matter was pending for the say of the defendants for
around 19 months. He submitted that ultimately plaintiff has to
prove the documents as per Evidence Act. He requested to reject
the Notice of Motion.
4 After hearing both the sides, I go through record.
Plaintiff filed affidavit of evidence alongwith compilation of
documents on 05/01/2018, thereafter, matter was adjourned from
time to time. On 16/09/2019, defendant No.3 filed application for
adjournment which was allowed and matter was posted on
02/11/2019. On that day, again defendant No.3 filed application
for adjournment on the ground of ill-health of their advocate
which was rejected by this Court and passed ‘no say’ order. I agree
with the submission of learned advocate for the plaintiff that
-- 2 of 4 --
3 N/M NO.1716 OF 2020
ultimately plaintiff has to prove the documents in accordance with
Evidence Act. However, say of the defendants will assist the Court
in reaching the conclusion for marking exhibit to the documents.
Considering the tendency of the defendants not to file say for such
couple of months, I am inclined to allow the Notice of Motion with
the following directions.
ORDER
1 Notice of Motion No.1716 of 2020 is hereby allowed.
2 Defendant Nos.1 to 7 are permitted to file their say on
all the documents filed till today by the plaintiffs on next date
without fail and to hear the matter on the same day without
seeking adjournment.
3 Notice of Motion is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 02/03/2021. Greater Bombay.
Dictated on :02/03/2021.
Transcribed on :02/03/2021.
Signed on :02/03/2021.
-- 3 of 4 --
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 02/03/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
02/03/2021.
Judgment/Order signed by P.O. on 02/03/2021.
Judgment/Order uploaded on 02/03/2021.
-- 4 of 4 --