Final Order 1

Order Details: Notice of Motion
Pdf Text: Noting : 14.01.20 1 C. R. No. 01
14/01/2020
SU- 5152/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Matter is for dismissal.
The matter is adjd for dismissal to 12.03.2020.
Judge
14/01/2020
COMM
SU- 99/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Matter is for dismissal of the suit.
The matter is adjd for dismissal of the suit to 28.01.2020.
Judge
14/01/2020
Exe. Apln.
469/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of DH.
Adjourned as a last chance for filing service affidavit.
The matter is adjd for affidavit of service to 12.03.2020.
Judge
14/01/2020
COMM
SU- 97/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Divya Vishwanath for plaintiff present.
None for deft.
Counsel for plaintiff tendered affidavit of service along
with publication of writ of summons and the copy of the
email forwarded to the defendants. T.O.R.
None present on behalf of defendants when matter was
called at 11.10 am.
Matter is adjourned for order.
The matter is adjd for order to 21.01.2020.
Judge
-- 1 of 12 --
Noting : 14.01.20 2 C. R. No. 01
14/01/2020
SU- 2882/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
NOB TOB.
Received writ of Hon'ble High Court vide D.D. (AO)
C0700102/2020 dated 03.01.2020 in Appeal from order
no.351/19 with Civil Application no.418 of 2019 in
Appeal from order no.351/19.
O. - Seen. Concerned to take note of it in concern record.
The matter is already adjd to 21.01.2020.
Judge
14/01/2020
SU- 8811/95
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
NOB TOB.
Received writ of Hon'ble High Court vide CIV. W.P.
No.C0100154 of 2020 dated 03.01.2020 in Writ Petition
Stamp no.30684/2019.
O. - Seen. Concerned to take note of it in concern record.
The matter is already adjd to 21.01.2020.
Judge
14/01/2020
SU- 2617/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
NOB TOB.
Received writ of Hon'ble High Court vide D.D. (W.P.)
C1121395/2019 dated 05.12.2019 in Writ Petition
No.11807/19.
O. - Seen. Concerned to take note of it in concern record
and comply.
The matter is already adjd to 12.02.2020.
Judge
14/01/2020
SU- 4098/13
Exh.18
Exh.19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Mooman for plaintiff present.
None for deft.
The evidence affidavit of original deceased plaintiff Indu
was filed vide Exh.4 and certain documents were also
exhibited but, she expired and her cross examination
could not be carried out. Therefore, her evidence at
Exh.4 cannot be taken into account and is discarded.
Affidavit of evidence of PW-2 Ratankumar Parmar.
Compilation of documents.
O. - Call say of defendant.
Verification of PW-2 is completed.
Ld. counsel for plaintiff undertakes to supply copy of
evidence and compilation to the defendants.
The matter is adjd for say on Exh.19 to 27.02.2020.
Judge
-- 2 of 12 --
Noting : 14.01.20 3 C. R. No. 01
14/01/2020
SU- 2371/16
Exh.10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Plaintiff failed to remain present when called at 11.00
am. Matter is kept back.
L.O.
Adv. Ms. Shradha Chaurasiya for plaintiff present.
Adv. for plaintiff filed application.
O. - Read application. The reason given by the advocate of
plaintiff are not based upon any material and same
cannot be accepted. But, in the interest of justice, the
plaintiff is granted opportunity to adduce evidence. The
dismissal order is recalled.
Plaintiff to supply copy of the affidavit of evidence and
compilation to the defendants.
The matter is adjd for say on compilation of documents
and hearing to 13.03.2020.
Judge
14/01/2020
SU- 1575/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sarosh Barucha along with Adv. Kalpesh Joshi and
Adv. Nisha Shah for plaintiff present.
None for deft.
Heard arguments of Adv. for plaintiff.
The matter is adjd for judgment to 28.01.2020.
Judge
-- 3 of 12 --
Noting : 14.01.20 4 C. R. No. 01
14/01/2020
SU- 7219/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Luliya for plaintiff present.
Adv. Abhishek Mishra for deft. no.1 present.
Adv. Shashank Thatte for deft. no.3 present.
Heard Adv. for deft. no.3 and Adv. for plaintiff on N/M
no.1976/19.
The matter is adjd for order on N/M no.1976/19 to
29.01.2020.
Judge
14/01/2020
SU- 3549/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Deft. present.
Adjourned as a last chance for hearing on N/M.
The matter is adjd for N/M hearing to 05.03.2020.
Judge
14/01/2020
SU- 425/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mishra for plaintiff present.
Adv. Rakesh Tripathi for deft. present.
Registered N/M no.4307/19 tendered by Adv. for deft.
T.O.R.
Heard both sides on N/M no.4307/19.
The matter is adjd for order on N/M no.4307/19 to
29.01.2020.
Judge
14/01/2020
SU- 2326/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ali for plaintiff present.
None for deft.
Adjourned for hearing on N/M from the side of deft. as a
last chance.
The matter is adjd for N/M hearing to 16.03.2020.
Judge
-- 4 of 12 --
Noting : 14.01.20 5 C. R. No. 01
14/01/2020
SU- 2882/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Murti for plaintiff present.
Adv. Ms. Yadav for deft. nos.1, 3, 5, 7 and 8 present.
Adv. for deft. nos.1, 3, 5, 7 and 8 not pressed the N/M
no.2174/19.
ORDER BELOW N/M 2174/19
As the N/M no.2174/19 is not pressed, N/M no.2174/19
is disposed off.
Counsel for deft. nos.1, 3, 5, 7 and 8 tendered draft
Ch/sum along with affidavit. Leave is granted to register
it.
Counsel for deft. to supply copy of Ch/sum along with
affidavit to counsel for plaintiff.
The matter is adjd for Ch/sum reply to 17.03.2020.
Judge
14/01/2020
SU- 1580/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rehman for plaintiff present.
Adv. Fernandes for deft. no.4 present.
None present on behalf of deft. no.1.
N/M no.2744/19 of deft. no.1 is pending for hearing. As
none present from the side of deft. no.1, the N/M
no.2744/19 is put for dismissal.
The matter is adjd for dismissal of N/M to 18.03.2020.
Judge
14/01/2020
SU- 1342/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Christina for plaintiff present.
None for deft.
Adjourned for hearing on N/M from the side of deft. as a
last chance.
The matter is adjd for N/M hearing to 06.02.2020.
Judge
-- 5 of 12 --
Noting : 14.01.20 6 C. R. No. 01
14/01/2020
SU- 2012/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhat for plaintiff present.
Adv. Rathod for deft. no.1 present.
Adv. Gada for deft. no.2 present.
Heard parties on the judgment cited by counsel for deft.
no.1.
The matter is adjd for order on N/M to 28.01.2020.
Judge
14/01/2020
SU- 23/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaustubh Patil for plaintiff present.
Adv. Menon for deft. present.
Ld. counsel for plaintiff seeks time to file reply to the N/M
of deft. Granted as a last chance.
The matter is adjd for reply to N/M to 09.03.2020.
Judge
14/01/2020
SU- 25/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kaustubh Patil for plaintiff present.
Adv. Menon for deft. present.
Ld. counsel for plaintiff seeks time to file reply to the N/M
of deft. Granted as a last chance.
The matter is adjd for reply to N/M to 09.03.2020.
Judge
14/01/2020
SU- 2599/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sudhakar S. for plaintiff present.
Deft. present.
There is element of settlement in the matter, hence the
matter is referred for mediation.
The matter is adjd for mediation report to 24.03.2020 at
02.45 pm.
Judge
-- 6 of 12 --
Noting : 14.01.20 7 C. R. No. 01
14/01/2020
SU- 3257/19
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Abhishek Jadhav for plaintiff present.
Adv. Ms. Dhvani for deft. present.
Registered N/M no.41/20 tendered by Adv. for plaintiff.
T.O.R.
Adv. for deft. filed written statement.
Written statement.
O.- Read and recorded.
Reply to N/M filed by Adv. for deft. T.O.R.
The matter is adjd for N/M hearing to 17.02.2020.
Judge
14/01/2020
SU- 204/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Mishra for plaintiff nos.4 and 11 present.
Adv. Mrutyunjay for plaintiff nos.13(a) to 13(e) present.
Adv. Mr. Chaudhary for plaintiff no.24 present.
Adv. K.M. Bhatia for plaintiff no.26 present.
Adv. Rejeshirke for plaintiff no.32 present.
Adv. Mr. Kukreja for deft. nos.1 and 2 present.
Adv. Mr. Devang Shah for deft. no.3 present.
Adv. Mr. Pandey for applicant in Ch/sum no.51/20
present.
Adv. Sadh for applicant in Ch/sum 2037/18 and deft.
nos.15, 19, 22(1) and 22(b) present.
Adv. Mr. U.V. Singh for applicant in Ch/sum 591/19
present.
Ms. Bhakti Nayak, Asstt. Section Officer to Court receiver
present. She submitted that the concerned person is not
available and seeks time. Granted.
Adv. Mrutyunjay for plaintiff nos.13(a) to 13(e) tendered
registered N/M no.4705/19. T.O.R.
Adv. Mr. Pandey tendered registered Ch/sum no.51/20.
T.O.R.
The respective parties are directed to serve the N/M
no.4705/19 and Ch/sum no.51/20 to the other parties.
The matter is adjd for reply on N/M no.4705/19 and
Ch/sum no.51/20, hearing on Ch/sum no.2037/18 and
Ch/sum no.591/19 to 15.02.2020.
Judge
-- 7 of 12 --
Noting : 14.01.20 8 C. R. No. 01
14/01/2020
SU- 5075/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Nalawade for plaintiff present.
Adv. Mr. Athawale for deft. present.
Registered Ch/sum no.2248/19 is tendered by Adv. for
plaintiff. T.O.R.
Ld. counsel for deft. does not wish to file reply to Ch/sum
hence Ch/sum is fixed for hearing.
The matter is adjd for Ch/sum hearing to 29.01.2020.
Judge
14/01/2020
SU- 7245/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Vivek G. Bhartu along with Adv. Mr. Shahzad M.
Panday for plaintiff present.
Adv. Pradhan for deft. nos.5(a), 5(b), 8(a) and 8(b)
present.
The applicants have complied the order and paid the cost
to the deft. nos.5(a), 5(b), 8(a) and 8(b). The same has
been confirmed by counsel of these defendants.
As the order is complied, the office to restore the suit to
its original file and place it before the court.
The concern to act upon the authenticated copy of this
order.
The matter is adjd for compliance from office to
11.02.2020.
Judge
14/01/2020
SU- 6893/03
Exh.22
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Panday for plaintiff present.
Deft. no.3 present.
Application for setting aside dismissal order and keep N/
M for hearing. T.O.R.
O. - Read application. Heard. Considering the reason and
in the interest of justice, the order of dismissal is called
back.
The matter is adjd for N/M hearing to 02.03.2020.
Judge
-- 8 of 12 --
Noting : 14.01.20 9 C. R. No. 01
14/01/2020
SU- 7159/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Amit Bel for plaintiff present.
None for deft.
Registered N/M no.3403/19 tendered by Adv. for plaintiff.
T.O.R.
Adv. for plaintiff also tendered affidavit of service. Put
the matter for further order.
The matter is adjd for further order to 03.03.2020 at
02.45 pm.
Judge
14/01/2020
ST –
12869/19
( SU –
139/20)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Deepashikha Godbole for plaintiff present.
Adv. Mangesh Nalwade for deft. no.1 present.
Ld. counsel for plaintiff and deft. submitted that matter is
almost settled between the parties and seeks time of four
weeks. Granted.
The matter is adjd for settlement to 17.02.2020.
Judge
14/01/2020
SU- 2109/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Deepak Rane for plaintiff present.
Deft. no.4 present.
Court is busy in dictating and passing judgment in suit
no.7119/03 and hearing time bound N/M in suit
no.2912/15.
Earlier order, if any, to continue till next date.
The matter is adjd for order to 24.01.2020.
Judge
-- 9 of 12 --
Noting : 14.01.20 10 C. R. No. 01
14/01/2020
SU- 203/17
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Tiwari for plaintiff present.
Adv. Mukharjee for deft. no.5 present.
Adv. for plaintiff tendered draft Ch/sum along with
affidavit. Leave is granted to register it.
K.B.
L.O.
Application for removal of caption of dismissal.
O. - Read application. Considering the reason, the order
of dismissal is called back.
The matter is adjd for N/M hearing and reply to Ch/sum
to 05.02.2020.
Judge
14/01/2020
Exe. Apln.
242/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for DH.
Adv. Priya Ranade for JD present.
Court is busy in dictating and passing judgment in suit
no.7119/03 and hearing time bound N/M in suit
no.2912/15.
The matter is adjd for order to 15.01.2020.
Judge
14/01/2020
SU- 2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Singh for plaintiff present.
Adv. Mr. Bhadang for deft. no.1 present.
Adv. Chandana Salgaokar for deft. no.2 present.
Partly heard arguments of Adv. for plaintiff.
The matter is adjd for N/M hearing to 16.01.2020.
Judge
14/01/2020
Exe. Apln.
252/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Court is busy in dictating and passing judgment in suit
no.7119/03 and hearing time bound N/M in suit
no.2912/15.
The matter is adjd for order to 15.01.2020.
Judge
-- 10 of 12 --
Noting : 14.01.20 11 C. R. No. 01
14/01/2020
Exe. Apln.
253/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Court is busy in dictating and passing judgment in suit
no.7119/03 and hearing time bound N/M in suit
no.2912/15.
The matter is adjd for order to 15.01.2020.
Judge
14/01/2020
SU- 593/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Court is busy in dictating and passing judgment in suit
no.7119/03 and hearing time bound N/M in suit
no.2912/15.
The matter is adjd for order to 15.01.2020.
Judge
14/01/2020
SU- 594/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Court is busy in dictating and passing judgment in suit
no.7119/03 and hearing time bound N/M in suit
no.2912/15.
The matter is adjd for order to 15.01.2020.
Judge
-- 11 of 12 --
Noting : 14.01.20 12 C. R. No. 01
14/01/2020
SU- 7119/03
Exh.22
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is decreed with costs.
2. Defendant nos.2 to 10 to execute the conveyance of
the suit property i.e. final plot no.375 of T.P.S. III, Mahim
area, C.T.S. No.754 admeasuring 1374 sq. yards i.e.
1148.82 sq. meters in favor of the plaintiff society in
accordance with the terms of the agreement dated
20.02.1978.
3. The defendant no.1 to join in the above said
conveyance as confirming party.
4. The conveyance be executed within three months
from the date of decree.
5. The plaintiff society to bear all the expenses for the
stamp duty and registration of the conveyance.
6. On failure of the defendants to execute the
conveyance, the same be executed through the process of
the Court.
7. Decree be drawn accordingly.
8. Pronounced and dictated in open Court.
Judge
Completed.
-- 12 of 12 --