Interim Order 1

Order Details: Notice of Motion
Pdf Text: Advocate Mr. Amol Wagh h/f Adv. Mr.Sagar Kasar for Plaintiff present and submitted that advocate
Mr. Kasar has discharged himself from the matter and he is returning the documents to Plaintiff.
Plaintiff is not present today. Defendant present and submitted that advocate Mr. Deepak Chitnis is
on the way, hence matter may be kept back. Argument of Defendant in respect of NM no.2362/19
are already part heard and Defendants advocate is already directed to point out his pleadings about
the additional issues which are sought to be framed. K.B. L.O. Advocate Mr. Deepak Chitnis for
Defendant present and filed written notes of arguments, t.o.r. Heard. F.R.S.R. following order has
passed- ORDER 1. Notice of Motion no.2362 of 2019 is made absolute partly. 2. Prayer for framing
proposed issue no.3 and 5 referred in Notice of Motion is allowed. 3. Prayer for framing additional
issues i.e. proposed issue nos.1,2,4 and 6 referred in Notice of Motion stand rejected. In view of
order in Notice of Motion no.2362/19 following additional issues are framed - A D D I T I O N A L
I S S U E S 1. Whether the Defendants prove that late Mr. Kantilal H. Jain and late Smt.
Chandrabagha H. Jain were the tenants in respect of the entire 3rd floor premises in Sunder Bhuvan
Building since the year 1971 2. Whether the Defendant no.1 proves that he had made part payment
of the purchase price for purchase of the suit property on 21st March 1980 by making payment for a
sum of Rs.40,000/- by the Defendant no.1 and Rs.45,000/- was paid by Universal Oil Seals
Manufacturing Company as a loan and a sum of Rs.57,500/- was paid by Universal Rubber
Products as a loan and a sum of Rs.30,000/- from the Bank of Baroda as a loan and a sum of
Rs.5000/- was paid by Mrs.Chandrabagha H. Jain Plaintiff is directed to file additional affidavit of
evidence if any in view of additional issues framed by the Court today. Case is adjourned to
23/09/2019 for filing additional affidavit of evidence by Plaintiff.
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