Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 2755/19 in Suit No. 2563/16. 1 Order.
MHCC010075872019
Presented on : 23-07-2019
Registered on : 23-07-2019
Decided on : 12-03-2020
Duration : 0 years, 7 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 2755 OF 2019
IN
LONG CAUSE SUIT NO. 2563 OF 2016
Mohammed Hadis Khan S/o Mohd. Ismail ...Plaintiff
Versus
The Municipal Corporation For Greater Mumbai
and others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 12th MARCH, 2020.
Mr. Rikame, Advocate for Plaintiff (absent).
Mrs. Tondwalkar, Advocate for Defendant No.1 / MCGM.
Mr. Tariq Chaudhary, Advocate for Defendants No.2 to 5.
ORDER
This is a motion submitted by defendants no.2 to 5 to set
aside order of ex-parte dated 23/04/2019.
2. Perused reply endorsed overleaf on notice of motion.
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N/m No. 2755/19 in Suit No. 2563/16. 2 Order.
3. Ld. Advocate Tariq Chaudhary for defendants no.2 to 5
submits that there is no service of summons to defendants no.2 to 5 nor
there is any service affidavit submitted by plaintiff. Ld. Advocate
Tondwalkar for MCGM submits that appropriate order be passed as
plaintiff knows well in respect of service of summons to defendants no.2
to 5.
4. On perusal of the plaint, it is claimed for mandatory
directions against defendant no.1. It is claimed for perpetual injunction
against defendants no.2 to 5 in respect of opening the door in opposite
to plaintiff’s premises. There is substance that there is no service
affidavit nor proper service is there to the defendants no.2 to 5. It
would be appropriate to decide the suit on merit. Hence notice of
motion deserves to be allowed. Hence the order :
- ORDER -
1. Notice of Motion No. 2755/2019 is allowed and made
absolute in view of prayer clause (a).
2. Ex-parte order dated 23/04/2019 is set aside, no order of
cost.
3. Defendants no.2 to 5 are at liberty to file W.S. within a
month from supplying the copy of plaint or service of
summons alongwith copy of plaint to defendants no.2 to 5.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 12/03/2020. Mumbai.
1. Dictated on : 12/03/2020.
2. Transcribed on : 14/03/2020.
3. Signed on : 14/03/2020.
4. Delivered to Certified :
Copy Section on
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N/m No. 2755/19 in Suit No. 2563/16. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
14/03/2020. 5.41 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 12/03/2020.
Judgment/Order signed by P.O. on 14/03/2020.
Judgment/Order uploaded on 14/03/2020.
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