Full Order Text
Final Order 1 · 10 Dec 2020 · CNR MHCC010053462020
Order Details: Other Pdf Text: Noting : 10.12.2020 1 C. R. No. 01 10/12/2020 SU- 4497/10 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Firoz Shaikh, Clerk of pltff advocate present. He seeks time on the count that advocate is not available and plaintiff is senior citizen. Matter is High Court Time Bound. Pltff to argue on admissibility of documents on next date without fail. Adjournment is granted. The matter is adjd for hearing on admissibility of documents to 17.12.2020. L.O. Adv. Shah for deft. nos.2 and 3 present. The matter is already adjd for hearing on admissibility of documents to 17.12.2020. Judge 10/12/2020 SU- 7090/02 @ Counter Claim 05/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Prerana Dhoke h/f Adv. P.G. Lad for plaintiff present. None for deft. She submitted that it is informed by the pltff that the defendant no.1 Mahesh Tharoomal Mehta passed away. She submitted that the pltff will take appropriate steps. In view of the same, matter is adjourned for steps, if within limitation. The matter is adjd for steps to 05.01.2021. Judge 10/12/2020 SU- 3237/14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for arguments as a last chance to 28.01.2021. Judge 10/12/2020 SU- 110327/90 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is 30 years old. Adjourned for arguments. Parties to argue the matter on next date without fail. The matter is adjd for arguments to 18.12.2020. Judge 10/12/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 1 of 8 -- Noting : 10.12.2020 2 C. R. No. 01 SU- 2771/12 Adv. Vora for plaintiff present. None for deft. Ld counsel for the pltff seeks time for evidence. Granted. The matter is adjd for evidence of the pltff to 14.01.2021. Judge 10/12/2020 SU- 214/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Yasmin Sarang for deft. present. Matter is for evidence of plaintiff. The matter is adjd for evidence of plaintiff to 18.01.2021. Judge 10/12/2020 SU- 658/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Suvarna Joshi for deft. present. The matter is adjd for cross examination of PW-1 to 22.01.2021. Judge 10/12/2020 SU- 590/11 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for further evidence of plaintiff to 18.01.2021. Judge 10/12/2020 SU- 6889/06 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. Matter is for evidence of deft. Deft. to adduce evidence, if any, on next date without fail. The matter is adjd for evidence of deft. to 06.01.2021. Judge 10/12/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 2 of 8 -- Noting : 10.12.2020 3 C. R. No. 01 SU- 7305/01 Adv. Giriraj for plaintiff present. None for deft. Matter is for cross examination of DW-1. The matter is 20 years old. Deft. to ensure the presence of witness on next date without fail. The matter is adjd for cross examination of DW-1 to 11.01.2021. Judge 10/12/2020 SU- 1886/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Tuljapurkar for plaintiff present. Adv. Rankhambe for deft. present. Ld. counsel for parties submitted that settlement talks are going on and there is likelihood of settlement in the matter. Therefore, they seek adjournment. Granted. The matter is adjd for settlement/hearing on admissibility of documents to 05.02.2021. Judge 10/12/2020 SU- 316/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for framing issues to 09.02.2021. Judge 10/12/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 3 of 8 -- Noting : 10.12.2020 4 C. R. No. 01 Rev. Petition 51/18 None present. The matter is adjd for affidavit of service to 11.01.2021. L.O. Adv. Singh for respondent no.1 present. The matter is already adjd for affidavit of service to 11.01.2021. Judge 10/12/2020 SU- 1058/15 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for N/M hearing to 08.02.2021. Judge 10/12/2020 SU- 1984/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None for plaintiff. Adv. Meena Kharat for deft. no.1 present. Adv. for deft. no.1 tendered registered N/M No.1041/20. T.O.R. The matter is adjd for reply of plaintiff to N/M No.1041/20 and for hearing to 08.02.2021. Judge 10/12/2020 SU- 2882/18 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Power of attorney of plaintiff Dilip Nathyabhai Kshirsagar present. Adv. Solanki along with Adv. Megha Keluskar for deft. nos.1 to 9 present. The power of attorney of plaintiff submits that his advocate is unwell. He further submits that his advocate had conversation with the adv. for deft. nos.1 to 9. The Ld. Counsel of deft. nos.1 to 9 present and submitted that there was conversation with the counsel for plaintiff and they have no objection for adjournment for today. They submitted that the matter by mutual consent agreed to be kept on 18.12.2020. By consent, the matter is adjd for N/M hearing to 18.12.2020. Judge 10/12/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 4 of 8 -- Noting : 10.12.2020 5 C. R. No. 01 SU- 2883/18 Plaintiff no.2 present. Adv. Solanki along with Adv. Megha Keluskar for deft. nos.1 to 9 present. Plaintiff no.2 submits that his advocate is unwell. He further submits that his advocate had conversation with the adv. for deft. nos.1 to 9. The Ld. Counsel of deft. nos.1 to 9 present and submitted that there was conversation with the counsel for plaintiff and they have no objection for adjournment for today. They submitted that the matter by mutual consent agreed to be kept on 18.12.2020. By consent, the matter is adjd for N/M hearing to 18.12.2020. Judge 10/12/2020 SU- 2160/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for reply to 11.02.2021. Judge 10/12/2020 SU- 2730/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for reply to 11.02.2021. Judge 10/12/2020 SU- 3019/19 @ Rev. Petition 01/20 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for rejoinder to N/M, if any to 12.02.2021. Judge 10/12/2020 SU- 3318/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for N/M reply to 12.02.2021. Judge 10/12/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 5 of 8 -- Noting : 10.12.2020 6 C. R. No. 01 SU- 1403/16 None present. The matter is adjd for N/M dismissal to 15.02.2021. Judge 10/12/2020 Stamp No. 4385/20 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for N/M hearing and removing office objection to 12.01.2021. L.O. Adv. Dilip Satle for deft. no.2 present. The matter is already adjd for N/M hearing and removing office objection to 12.01.2021. Judge 10/12/2020 Stamp No. 5674/20 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Holmagi for plaintiff present. Adv. Jamkhandi for defts. present. Adv. for defts. filed reply to N/M. T.O.R. ORDER IN N/M NO.1835/20 Heard. After the argument, the advocate of both the parties on instruction from their respective clients made the statement that the plaintiff and defendants are in joint possession of the suit property. They will not dispossess each other from the suit property pending the decision of the suit. Further statement was made by both the counsels that both the parties will not dispose of or create any third party interest in any manner whatsoever in the suit property pending the decision of the suit unless mutually agreed by them. Thus, in view of above statements made by the Ld. Counsel for plaintiff and defendants, N/M No.1835/20 is disposed of. Ld. counsel for defts. waived the service of writ of summons. Plaintiff to register the suit. The matter is adjd for compliance by plaintiff and written statement to 15.02.2021. Judge 10/12/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) -- 6 of 8 -- Noting : 10.12.2020 7 C. R. No. 01 SU- 1751/18 By precipe. Adv. Manjit for deft. present. Adv. for deft. tenders draft N/M along with affidavit and written statement. Leave is granted to register. Adv. for deft. to serve N/M to plaintiff. The matter is already adjd to 25.01.2021 for dismissal and service of N/M. Judge 10/12/2020 Stamp No. 6085/20 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) By precipe. Adv. Sachin Dere for plaintiff present. Ld. counsel for plaintiff tendered draft N/M. Leave is granted to register. Ld. counsel for plaintiff submitted that the plaintiff tried to serve the defendants but they avoided the service. He has tendered affidavit to that effect. Ld. Counsel for plaintiff is called upon to serve defendants once again. The matter is adjd for service to 11.12.2020. Judge -- 7 of 8 -- Noting : 10.12.2020 8 C. R. No. 01 10/12/2020 SU- 2330/19 Exh.10 Exh.11 Exh.12 Exh.13 Exh.14 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Plaintiff in person present. Plaintiff filed compilation of documents. T.O.R. Plaintiff filed letter of MCGM dated 08.12.2020 along with the 'C' register extract. The document bears signature and the seal of concerned authority under Right to Information. The document is marked as Exh.11. Plaintiff has filed copy of PAN Card. The original PAN Card is brought by him. The copy is verified from the original and the original is returned to the plaintiff. The verified copy is marked as Exh.12. Plaintiff has filed copy of ration card. The original ration card is brought by him. The copy is verified from the original and the original is returned to the plaintiff. The verified copy is marked as Exh.13. Letter of MCGM dated 08.12.2020 along with the 'C' register extract. Verified copy of PAN Card. Verified copy of ration Card. Plaintiff filed evidence closing pursis. O. - Seen and filed. The matter is adjd for arguments to 21.12.2020. Judge 10/12/2020 SU- 2245/19 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Amit Jaiswal for plaintiff present. None for deft. F.R.S.R. following order is passed - ORDER 1. N/M No.3147/2019 is partly allowed. 2. The defendant by an order of temporary injunction is restrained from transferring or creating third party interest in any manner whatsoever in respect of shop no.11 admeasuring 445 sq. ft. carpet area as described in plaint para no.5 and in the second schedule of the agreement dated 05.05.2015 registered on 08.05.2015. 3. Costs in the cause. 4. N/M No.3147/2019 is disposed of accordingly. The matter is adjd for issues to 08.02.2021. Judge Completed. -- 8 of 8 --
