Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 2596/19 in Suit No. 9969/91. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 2596 OF 2019
(CNR NO. MHCC010071262019)
IN
SUIT NO. 9969 OF 1991
(CNR NO. MHCC010082392012)
Ranjit Bhagwandas Kapadia & Others ...Plaintiffs
Versus
Sambhav Builders ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 22nd AUGUST, 2019.
Mr. K.D.Shah, Advocate for Plaintiffs.
Mr. S.P.Pandey, Advocate for Defendants.
ORAL ORDER
This is a motion taken out by defendant to set aside order
of 'No Crossexamination' dated 21/02/2019. Ld. Advocate S.P.Pandey
for defendants submits that on 21/02/2019, he was busy before the
Court of Magistrate at Borivli and he could not reach to this Court. The
defendant is aged around 75 years. It is assured that on next date he
will finish the crossexamination.
2. It is strongly objected by ld. Advocate K.D.Shah for
plaintiffs. It is requested to note that this is third notice of motion
preferred by defendants. It is claimed to reject the motion, in the
alternative prayed for heavy cost.
3. It is to note that initially order of 'No Crossexamination'
was passed against the defendants on 10/08/2009 when the suit was
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N/m No. 2596/19 in Suit No. 9969/91. 2 Order.
pending before the Original Side of the Hon'ble High Court. In addition
to that, for two occasions this Court has saddled cost on defendant. In
view of roznama dated 11/01/2019, cost of Rs.2,000/ was imposed on
defendant.
4. The suit is 28 years old. According to plaintiff, a suit flat of
trust has been sold by defendant and he is enjoying the fruits of the flat.
5. It is to note that on 23/01/2019 part crossexamination has
been conducted by the defendant. Considering suit is very old and
defendant is senior citizen, I find it reasonable to provide liberty to
complete remaining crossexamination. Considering all facts in total,
the order of 'No Crossexamination' dated 21/02/2019 is set aside
subject to cost of Rs.6,000/ (Rupees Six Thousand Only). Hence the
order :
ORDER
1. Notice of Motion No. 2596/2019 is allowed, order dated
21/02/2019 is set aside subject to cost of Rs.6,000/
(Rupees Six Thousand Only), defendant to complete
remaining crossexamination on next date.
2. N/m No. 2596/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 22/08/2019. Mumbai.
1. Dictated on : 22/08/2019.
2. Transcribed on : 22/08/2019.
3. Signed on : 22/08/2019.
4. Delivered to Certified :
Copy Section on
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N/m No. 2596/19 in Suit No. 9969/91. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/08/2019. 5.54 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 22/08/2019.
Judgment/Order signed by P.O. on 22/08/2019.
Judgment/Order uploaded on 22/08/2019.
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