Order 1

Order Details: Notice of Motion
Pdf Text: N/M 2118/18 in Su 5749/05 1/2 Date : 15.11.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No.MHCC01 0068292018
NOTICE OF MOTION NO.2118/2018
IN
SUIT NO.5749/2005
Pinky Dinesh Agarwal ...Plaintiff
V/s.
Suresh Gopilal Agarwal …Defendant
Adv. Malhotra for plaintiff.
Adv. Shrivastav for defendant.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 15.11.2018
ORDER
(Dictated in open court)
1. By this motion, the plaintiff has prayed for staying further
proceedings in present suit till the disposal of testamentary suit
no.31/2004 pending before Hon'ble High Court in respect of probate of
last 'Will' dated 15.5.1997 of Shri Gopilal Agarwal.
2. The Ld. Counsel for defendant has submitted that he has no
objection if present motion is allowed.
3. In the present suit, the Hon'ble High Court had passed order on
8.3.2006 allowing notice of motion no.283/2005 and granted liberty to
plaintiff to take out motion for other reliefs, in case the probate of the
Will is granted in her favour.
4. The prayer in the present suit is for possession of shop no.3. The
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N/M 2118/18 in Su 5749/05 2/2 Date : 15.11.2018
testamentary suit no.31/2004 is in respect of the registered Will of
deceased Gopilal Agarwal and the subject matter of present suit is also
the subject matter of said testamentary suit. The result of said suit shall
have direct bearing on the present suit and the connected suit. Hence, it
will be proper to stay proceedings in this suit till the disposal of the
testamentary suit pending before Hon'ble High Court. Hence, following
order.
ORDER
1. Notice of motion no.2118/2018 is made absolute in
terms of prayer clause (a).
2. Notice of motion is disposed of.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 15.11.2018 Gr. Bombay.
Dictated on : 15.11.2018
Transcribed : 15.11.2018
Signed on : 15.11.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
15.11.2018 at 3.15 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
15.11.2018
JUDGMENT/ORDER signed by
P.O. on
15.11.2018
JUDGMENT/ORDER uploaded
on
15.11.2018
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