Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2599/2019
MHCC010071482019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO. 2599 OF 2019
IN
SUIT NO. 9715 OF 1975
Suresh Lachmandas Raheja … Plaintiff
Vs.
1(a) Sultanath Shirazi Widow of
Minocher Ebrahim Shirazi & Ors. … Defendants.
And
Chandru L. Raheja
Appearance
Learned Advocate Sanidha Vedpathak for the plaintiff
Learned Advocate Kalyani Deshmukh for the defendant Nos.9 & 10
Learned Advocate Mankesha and Sethna for the applicant.
CORAM : HHJ V. M. Pathade
(C.R.NO.62)
Date : 20th December, 2023
O R D E R
The applicant namely, Chandru L. Raheja through his
Constituted Attorney Mr. Mohan Almal, has taken out the present notice
of motion seeking condonation of delay and setting aside the order
dated 20.04.2019 whereby the suit came to be dismissed.
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2 NM 2599/2019
2. The said Constituted Power of Attorney in his affidavit-in-
support stated several facts leading to the institution of the said suit
before the Hon’ble Bombay High Court vide Suit No.1149/1975,
Agreement for Sale dated 26.05.1974 between the plaintiff and original
defendant Nos.1 to 6, joining of other defendants, the consent terms
arrived at between the plaintiff and defendant Nos. 6, 7 and 8 dated
22.11.1985, subsequent consent terms dated 20.08.1997 arrived at
between the plaintiff and the defendant No.2, the family arrangement
in terms of agreement dated 31.10.1987 between Gopal Laxmandas
Raheja, Shaila Gopal Raheja, defendant No.9 and defendant No.10, the
applicant Chandru L. Raheja and his wife (constituting first group) and
Mrs. Kaushalya Raheja and Sandeep Gopal Raheja etc.. According to
the applicant there is delay of 4 days in taking out the present notice of
motion so as to seek setting aside of the order dated 20.04.2019
whereby the suit came to be dismissed.
3. Defendant Nos. 9 and 10 vide their affidavit-in-reply do not
resist notice of motion.
4. Heard the learned Counsels appearing for the applicant
and the defendant Nos.9 and 10. From the perusal of the record and
proceeding of the suit No.9715/1975, it is apparent that the said Suit
was filed by Mr. Suresh L. Raheja for specific performance of the
agreement dated 28.05.1974 and other reliefs against the original
defendant Nos.1 to 6. The plaintiff subsequently amended the plaint
and defendant Nos.7 to 10 came to be added in the suit. The applicant
Chandru L. Raheja, is not a party defendant to the said Suit which came
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3 NM 2599/2019
to be dismissed vide order dated 20.04.2019. The present notice of
motion is not taken out by the plaintiff but by the applicant Chandru L.
Raheja who is not a party but stranger to the said suit. A copy of Power
of Attorney which is annexed with the notice of motion does not
indicate that said Chandru L. Raheja was aware of the dismissal of the
suit vide said order dated 20.04.2019. It is also noticed that the
applicant did not mention his name in title cause of the notice of
motion. In this view of the matter, I do not find that the applicant or his
Constituted Attorney Mr. Mohan Almal has any locus to take out the
present notice of motion seeking setting aside of the said dismissal of
the suit vide Order dated 20.04.2019. If said applicant Chandru has any
cause of action, with regard to the subject matter in the suit, he can
institute proper proceeding for seeking relief, he is entitled to but he
cannot be permitted to seek relief as prayed for in the present motion.
Thus, for want of locus I do not find the notice of motion maintainable
and the same would fail. Hence, I proceed to pass following order:-
Order
The Notice of Motion No.2599 of 2019 stands dismissed being
not maintainable.
Date : 20.12.2023 (V. M. Pathade)
Dictated on : 20/12/2023. Judge,
Transcribed on : 21/12/2023. City Civil Court,
Signed on : 22 /12/2023.
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4 NM 2599/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22.12.2023 at 3.10 p.m. Mr. S.S. Bathe
Name of the Judge(with CR No.) HHJ SHRI. V.M. PATHADE
(C.R.No.62)
Date of pronouncement of Order 20/12/2023
Order signed by P.O. on 22/12/2023
Order uploaded on 22/12/2023
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