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Court Order

Final Order 1

CNR MHCC01005518201930 Jan 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 30 Jan 2020 · CNR MHCC010055182019

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101990/2019
Smt. Samruddhi Dilip Sawant Vs Mr. Jayant Dinkar Patil And Ors
Date : 30-01-2020
Business : Advocate Mr. Amey Mahajan for Plaintiff present Advocate
Mr. A. J. Jadhav for Defendants present F.R.S.R. following
order has passed- ORDER Notice of Motion no.1990 of
2019 stands disposed off / dismissed. Advocate for Plaintiff
filed an application for stay of the order passed by this
Court today in Notice of Motion no.1990 of 2019,t.o.r.
Other side to say. Say filed by advocate for Defendants
ORDER ON EXH.3 In the application Plaintiffs have
contended that on 10/09/2019 and 11/12/2019 Defendant
no.1 has taken law in his hands and therefore Plaintiffs are
intending to challenge the order passed by this Court today
by filing appeal against said order, hence Plaintiffs have
prayed for the order directing Defendants to maintain status
quo for six weeks and Plaintiffs have prayed for stay to the
operation of the order passed by this court today.
Defendants advocate filed his say contending that no ad
interim relief was granted by this Court in Notice of Motion
no.1990/19 hence no question arises of staying the
operation of the order passed by the court today and further
no question arises of granting status quo order in any way.
Heard. Plaintiff advocate argues that Defendants are
intending to close Plaintiffs entrance to disputed washroom
hence the status quo as prayed is necessary to be granted.
Defendants advocate submitted that ad interim relief of any
nature was not granted by the court hence application is
necessary to be rejected. I have given serious consideration
to the submissions made by the parties. As since beginning
this court has not granted any ad interim relief in favour of
Plaintiff no question arises of granting status quo in favour
of Plaintiff when the court has rejected Plaintiffs NM on its
own merits. Further, no substantial relief was or is granted
by the Court in favour of the parties to the suit therefore no
question arises of staying the order passed today by this
court, hence application Exh.3 stands rejected. Case is
adjourned to 08/04/2020 for Notice of Motion no.4446/19
for hearing for condonation of delay.
Nature of Disposal : DISMISSED
Disposal Date : 30-01-2020
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