Interim Order 2

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT NOTICE OF MOTION NO. OF
IN
LONG CAUSE SUIT NO. 1513 OF 2019
Mr. Lindwal Joseph Rodrigues ... Plaintiff
V/s.
1. Hemanand B. Namdarian & Anr. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 05/07/2023
Adv.Sana Khan for the plaintiff.
Adv. Ms. for the defendants/BMC.
ORAL ORDER
1. By this notice of motion plaintiff seeks permission to
adduce evidence by setting aside order dated 18.03.2023. On the other
hand, defendants/BMC objected present draft notice of motion.
2. This is a suit for declaration and injunction. As per record,
suit was posted for evidence on 26.08.2021. As plaintiff fails to adduce
evidence, suit was posted for passing necessary order against plaintiff.
In the present suit plaintiff seeks relief against action taken by the
defendants/BMC in view of notice under section 354-A of the MMC Act.
Valuable rights of plaintiff are involved in the suit premises. It is settled
principle of law that equal opportunity should be given to the parties to
plead and defend their case. If plaintiff is permitted to adduce evidence,
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2 Draft N/M No.
it will not cause prejudice to the rights of defendants/BMC because
defendants/BMC is having very right to adduce evidence to rebut the
evidence of plaintiff. On the contrary, subject matter of the suit will be
decided on merit. Hence, it is just and equitable in the eye of law to
permit the plaintiff to adduce evidence by setting aside order dated
18.03.2023. Hence, to meet the ends of justice, I proceed to pass
following order.
ORDER
1. Draft Notice of Motion is made absolute in terms of
prayer clause (a).
2. Plaintiff is permitted to adduce evidence by setting aside order.
dated 18.03.2023
3. Plaintiff is directed to adduce evidence positively on next date.
4. Both the parties to take note of this order.
5. Draft Notice of Motion stands disposed off.
6. Plaintiff is directed to register the draft Notice of Motion for
statistical purpose.
(R. B. Parvekar)
Date-05/07/2023 Ad hoc-Judge,City Civil Court,
Gr. Bombay .
Dictated on : 05/07/2023
Typed on : 05/07/2023
Signed on :
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3 Draft N/M No.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/07/2023 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
05/07/2023
JUDGMENT/ORDER signed by
P.O.on
06/07/2023
JUDGMENT/ORDER uploaded on 06/07/2023
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