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Court Order

Final Order 1

CNR MHCC01005346202010 Dec 2020
Fort, City Civil Court
Mumbai · Maharashtra (MH)
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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 --

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