Date: 19-11-2019
Business: Adv. Naved Chawdhary for plaintiff present.
Adv. Radhanpura for defendant present.
Plaintiff tendered registered chamber summons no. 1764/19.
Reply filed by defendant to chamber summons no. 1764/19 and notice of motion. 2833/19.
The Ld. Counsel for the plaintiff filed the hard copy of the Hon\''ble High Court dated 10.10.2019. The Hon\''ble High Court directed this court to decide the NM no. 2833/2019 as early as possible preferably within six weeks from the date of order. The copy of the order is tendered today by the counsel for the plaintiff. Almost five weeks have been passed. Therefore as per the direction of the Hon\''ble High Court the present NM is required to be decided on or before 24.11.2019. Hence, matter is adjourned for hearing on NM to 21.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Banarjee with Adv. Navel Chawdhary for plaintiff present.
Adv. Shah for defendant present.
Plaintiff filed rejoinder to the NM and Chamber summons.
Heard argument of Ld. Advocate for the plaintiff and defendant on chamber summons no. 1641/19
Adjourned for order on Chamber summons no. 1641/19 and hearing on NM, if any to 22.11.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Banarjee with Adv. Navel Chawdhary for plaintiff present.
Adv. Shah for defendant present.
FRSR following order is passed on Chamber Summons no. 1641/19.
1. Chamber Summons no. 1641/2019 is rejected.
2. Costs in the cause.
3. Chamber summons is disposed of accordingly.
_________________________________________
Adjourned for hearing on NM to 23.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Banarjee with Adv. Naved Chawdhary for plaintiff present.
Adv. Kamble with Adv. Shah for defendant present.
Heard argument of Ld. advocate for the plaintiff and defendant on chamber summons.
Adjourned for order on chamber summons to 25.11.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Choudhary for plaintiff present.
Adv. Shahzad Radhanpura along with Suffiyan Qureshi for defendant present.
FRSR following order is passed in CS no. 1764/2019.
1. ch/s 1764/2019 is made absolute in prayer clause a and b.
2. plaintiff to carry out necessary amendment within a period of 7 days from today.
3. ch/s 1764/2019 is disposed of accordingly.
Adjd to 30/11/2019 for compliance.
Next Purpose: NM ORDERS
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Mr. Naved Chaudhari for plaintiff present.
Adv. Mr. Ramesh Kamble for defendant present.
Writ received from Hon\''ble High Court. T.O.R.
The parties submitted that settlements talks are going on.
The matter is adjd for settlement/hearing to 04.12.2019 at 04.30 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Naved Chaudhari for plaintiff present.
Adv. Qureshi for deft. present.
The matter is adjd for N/M hearing to 06.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Mr. Naved Chaudhari along with Banerjee for plaintiff present.
Adv. Mr. Ramesh Kamble for deft. present.
Ld. counsel for deft. seeks time to file written statement of deft. no.2 and undertakes to file Vakalatnama on her behalf.
The matter is adjd for settlement/hearing to 11.12.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Naved Chaudhari for plaintiff present.
Adv. Kamble for deft. no.2 present.
Vakalatnama filed for deft. no.2 T.O.R.
O. - Seen and filed.
Written statement of deft. no.2.
O. - Read and recorded.
Reply to N/M no.2833/19 is filed by deft. T.O.R.
Copy is served to the plaintiff.
The matter is adjd for hearing on N/M to 13.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Naved Chaudhari for plaintiff present.
Adv. Kamble for deft. present.
As court is busy in passing judgment in time bound matter and hearing time bound N/M, the matter is adjd for N/M hearing to 16.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Naved Chaudhari for plaintiff present.
Adv. Kamble for deft. present.
Ld. counsel for plaintiff partly argued.
He would submit that plaint had been amended. Inadvertently, N/M remained to be amended in view of adding of deft. no.2 as a party. He would submit that he would take steps in that regard.
The matter is adjd for N/M hearing to 02.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Adv. Naved Chaudhari along with Banerjee for plaintiff present.
Adv. Kamble for defts. present.
Application filed by plaintiff.
O. - Call say of defendants.
Reply filed to Exh.6. Marked as Exh.6-A.
Written statement of deft. no.1.
O. - Read and recorded.
Heard both sides on Exh.6.
The matter is adjd for order on Exh.6 to 03.01.2020.
Next Purpose: ORDER
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Chaudhari for plaintiff present.
Adv. Qureshi for deft. present.
ORDER BELOW EXH.6
Read application and reply. Heard. The Ld. Counsel for plaintiff submitted that this court has allowed Ch/sum no.1764/19 and thereby permitted to add the defendant no.2 as party. The plaintiff inadvertently failed to amend the N/M no.2833/19. Even, the deft. no.2 has filed reply to this N/M. The plaintiff be permitted to amend the N/M pursuant to the order dated 25.11.2019.
The application is opposed on the count that no prayer was sought for amendment in the N/M. The amendment was restricted to the plaint and accordingly, it was amended. The plaintiff has neither moved any application nor ch/sum for amendment of N/M therefore there is no question of granting permission to amend the N/M.
The N/M is in aid to the main relief claimed by the plaintiff. The plaintiff has amended the plaint and claimed the relief against the defendant no.2. The N/M is based upon the same grounds as set out in the plaint. The objection by the defendants is technical. No prejudice would be caused to the defendants, if the plaintiff is permitted to amend the N/M. The N/M has to be decided on its own merit, therefore, the application needs consideration. Hence, it is expedient to pass the following order.
ORDER
1. The application (Exh.6) is allowed.
2. Plaintiff is permitted to amend the N/M no.2833/19 on or before next date.
3. The application (Exh.6) is disposed off accordingly.
The matter is adjd for N/M hearing to 10.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Banerjee for plaintiff present.
Adv. Kamble for deft. present.
Heard both sides on N/M.
The matter is adjd for N/M order to 23.01.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Banerjee for plaintiff present.
Adv. Shahjaad Radhanpura for deft. present.
Court is busy in recording evidence in suit no.4794/07 and 217/13 and hearing final arguments in suit no.751/91 and passing order on N/M in suit 2669/15.
The matter is adjd for order to 04.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Naved Chaudhary for plaintiff present.
Adv. Shahzad Radhanpura for deft. no.1 and 2 present.
Court time is over.
The matter is adjd for order to 05.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Naved Chaudhary for plaintiff present.
Adv. Shahzad Radhanpura for deft. nos.1 and 2 present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.2833/2019 stands rejected.
2. Cost in the cause.
3. N/M No.2833/2019 is disposed off accordingly.
Ld. counsel for plaintiff prayed for stay to effect and operation of the order for a period of two weeks.
Ld. counsel for deft. nos.1 and 2 submitted that the equipments of the plaintiff are lying in shop no.3 and are secured.
The N/M is rejected. No order was operating against the defts. and therefore, there is no question of stay to the effect and operation of the order. As the N/M has been filed by the plaintiff and no executable order has been passed in N/M, hence no question of stay of the order. The statement of the counsel for the defts. suffice the apprehension of the plaintiff.
The matter is adjd for issues to 26.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 04.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Naved Chaudhary for plaintiff present.
None for deft.
Adv. for plaintiff seeks adjournment. Granted.
The matter is adjd for framing issues to 24.03.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Ekta Tripathi for plaintiff present.
None for deft.
The matter is adjd for framing issues to 30.06.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None present.
Perused the pleadings and the draft issues.
Issues are framed at Exh.8.
Matter adjd for R/E on 16.10.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per Office Order No.213 of 2021 dated 12.10.2021, hereby declared holidays on 16.10.2021. Matter is adjd. to 23.10.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv Naved Chaudhary present for the plaintiff.
Adv Ramesh Kamble present for the defendant.
On oral request for the advocate for the plaintiff adjourned for evidence.
Adjd to. 04.02.2022 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv Naved Choudhary for pltff present.
Adv. Ramesh Kamble for deft present.
Pltff Junaid Salim Chawdhary present.
PW-1 Junaid Salim Chawdhary has filed affidavit in lieu of examination in chief. Oath is administered to the witness.
He has admitted the contents of affidavit and signature thereon, hence TOR. Marked as Exh. 9.
He has also filed list of documents. TOR. Marked as Exh. 10.
Matter is adjd to 22/03/2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None for pltff.
Adv. Ramesh Kamble for defts present.
Witness Junaid Chawdhary absent.
Adv for deft has filed say on Exh. 10. TOR. Marked as Exh. 10-A.
Matter is adjd to 15/07/2022 for marking of documents and cross examination.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Banarjee for plff present.
Adv. Ganesh Kamble for deft present.
Matter adjd to 06/08/2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Banergee for plaintiff is present.
Adv. Kamble for defendant is present.
Witness Junaid Salim Chawdhary is present.
The defendant has admitted document at Sr.No. A and B, hence they are marked exhibited as follows.
Exh.11 Copy of the leave and license agreement dtd. 26.08.2014 in respect of shop no. 1 and 2.
Exh.12 Copy of the leave and license agreement dtd. 26.08.2014 in respect of shop no.3.
So far as document at Sr. No.C it is bank statement of the plaintiff about which a specific pleadings from the plaintiff and no specific denied on the part of defendant. Hence, it is marked as exhibit as follows. At this juncture the Ld. Adv.for the defendant raised the objection that the document at Sr.No. C,D,E,G,H,O,P and Q are not supported by the certificate u/s 165 (B) of the Evidence Act. Against this the contention of Ld. Adv.for plaintiff that the plaintiff has filed certificate in support of his contention. It is further contended that all the documents are taken out from the computer and mobile of the plaintiff. Considering the submissions of both the sides the documents are mark exhibited as follows.
Exh.13 Bank Statement of the plaintiff.
Exh.14 Print out of the auto generated receipts for the payment made to defendant no.2.
Exh.15 Receipts of payment received through card swipe machine
Exh.16 Photocopy of receipts of payment through card swipe machine.
Exh.17 QR code in the name of Export Fitness.
Exh.18 (colly) Photos of the various machineries
Exh.19 Photo of reinstalled meter.
Exh.20 Photo of the suit property.
Exh.21 Copy of certificate u/s 165 (B).
Exh.22 Membership Card dtd. 02.03.2019.
Exh.23 Membership card dtd. 17.02.2019
Exh.24 Electricity bill of the month September 2018
Exh.25 (colly) Mobile bill issued by IDR.
Exh.26 Office copy of letter dtd. 05.12.2018
Exh.27 (colly) Invoices issued by Balaji Power
Exh.28 Invoice and certificate dtd. 28.02.2018
Exh. 29 Copy of additional affidavit dtd. 04.09.2019
Matter adjd to 03.09.2022 for cross examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: As per office order 178 of 2022 dated 25.08.2022, holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is take on today\''s board and for want of time matter is adjourned to 20.09.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Chudhary for plaintiff is present.
None present for defendant.
KB LO at 11.55 a.m.
Adv. Naresh Choudhary for plaintiff is present.
Adv. Kamble for defendant is present.
The Ld.Adv.for plaintiff has filed an application for grant of adjournment on account of illness of plaintiff witness t.o.r marked as Exh.30. O- It is the time bound matter. However, in the interest of Justice last chance given to the plaintiff.
Matter adjd to 01.10.2022 for evidence.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. Choudhary for plaintiff is present.
Adv. Ramesh Kamble for defendant is present.
KB LO at 12.05 p.m.
Same appearance.
Cross examination of PW No.1 Junaid Salim Choudhary resumed on S.A.
Cross examination of PW No.1 is adjourn till next date.
Matter adjd to 11.10.2022 for further cross examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Chaudhary for plff. present.
k.b.
LO 12.19 pm.
Same appearance for plaintiff.
Advocate Ramesh Kamble for defendant present.
Witness present.
Further Cross Examination of PW 1 is completed.
Matter adjd to 03-11-2022 for Further Evidence .
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Banarjee for plaintiff is present.
None present for deft.
K.B.
L.O. 11.42. a.m.
Witness present.
The ld. Adv. Banarjee for the plaintiff prayed for re-examination of the plaintiff for providing an explanation of para No.33 of the cross-examination. It is contended that by way of re-examination he wants to ask the question as to what had happened on 10/04/2019 by way of on explanation. To support his contention the ld. Adv. for the plaintiff relied on the authority reported in the case of Vinodkumar V/S State of Punjab decided by the Hon\''ble Supreme Court in Criminal Appeal No.554/2012 dated 23/09/2014. The Hon\''ble Supreme Court at para No.13, while keeping reliance on the authority pronounce in the case of Ramnik alias Rameshwar V/S State of Madhya Pradesh held that, There is an erroneous impression that re-examination should be confined to clarification of ambiguities which have been brought down the cross-examination. No doubt ambiguities can be resolved through re-examination. But that is not only function of the re-examiner. If the party who called the witness feels that explanation is required for any matter referred to in cross-examination he has the liberty to put any question in re-examination to get the explanation. The public prosecutor should formulate his question for that purpose. Explanation may be required either when the ambiguity remains regarding any answer elicited during cross-examination or even other wise. If the public prosecutors feels that certain answers require more elucidation from the witness he has the freedom and right to put some questions as he deems necessary for that purpose, subject of course to the control of the Court in accordance with the other provisions. But the Court cannot direct him to confine his question to ambiguities alone which arose in cross-examination.
I have perused para No.33 of the cross-examination. Upon perusal of same, it reveals that the witness, who is plaintiff himself had replied to the question put by defence after getting understood the same. Whatever admissions given by the witness during cross-examination cannot be taken out under the grab of re-examination, as it is not the scope of re-examination. I do not find any substance in the contention of the ld. Adv. for the plaintiff for providing explanation regarding the incident dated 10/04/2019, he wants to re-examine the witness. Hence, the request made by the plaintiff for re-examination is hereby rejected.
No further examination.
Exh.31- Evidence closed pursis.
Matter adjd to 18/11/2022 for evidence of deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Naved Chowdhary for plaintiff is present.
Adv. Ramesh Kamble for defendants is present.
DW No.1 Mrs. Siddiqua Taufiq Khan is present.
She has filed affidavit of examination in chief t.o.r marked as Exh.32. Read and Recorded.
A/w compilation of documents t.o.r marked as Exh.33. Copy supplied to other side.
Oath is administered to the witness.
She has admitted the contents of affidavit of examination in chief as true and correct. It bears her signature.
Matter adjd to 24.11.2022 for say on admission and denial of documents.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Banarjee for plaintiff is present.
Adv. Ramesh Kamble for defendant no.2 is present.
On oral request of the Ld. Advocate for the plaintiff the matter is adjourned for filing say on admission and denial of documents to 02.12.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Time Bound.
Adv. Bannerji for plaintiff is present.
Adv. Ramesh Kamble for defendants is present.
Witness absent.
The plaintiff has filed reply to compilation of document (Exh.33) t.o.r marked as Exh.33-A.
The plaintiff has admitted document at Sr.No. 2 and 4. Hence, they are marked as Exh.34 and Exh.35 respectively.
Exh.34 Plaintiffs letter dtd. 10.05.2016
Exh.35 Letter of defendant no. 1 dtd. 18.04.2019.
Exh.36 Letter dtd. 11.01.2016 written by the plaintiff to defendant no .1 marked exhibit tentatively.
Exh.37 Letter of defendant no.1 dtd.08.07.2017 marked exhibit tentatively.
Matter adjd to 17.12.2022 for cross examination of DW No.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Banerjee for plaintiff is present.
Adv. Mohd. Ahmed for defendant is present.
KB LO at 1.05 p.m.
Adv. Banerjee for plaintiff is present.
Adv. Ramesh Kamble for defendant is present.
Cross examination of DW No.1 Siddiqua Taufiq Khan resumed on S.A.
Cross examination of DW No.1 Siddiqua Taufiq Khan deferred till next date.
Matter adjd to 07.01.2023 for further cross examination of DW No.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Banerjee for plaintiff is present.
Adv. Ramesh Kamble for defendants is present.
KB LO at 12.30 p.m.
Same appearance.
Cross examination of DW-1 Siddiqua Taufiq Khan is resumed on S.A.
Cross examination of DW-1 Siddiqua Taufiq Khan is concluded.
Matter adjd to 21.01.2023 for further evidence of defendant.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv. Choudhary for plaintiff is present.
Adv. Ramesh Kamble for defendants is present.
The Ld.Adv.for defendant filed evidence closing pursis t.o.r marked as Exh.38.
Matter adjd to 13.02.2023 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: P.O. is on leave matter adjd.to
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Zubin Dalal for plaintiff is present.
Adv. Ramesh Kamble for defendants is present.
KB LO at 12.15 p.m.
Adv. Zubin Dalal for plaintiff is present.
Adv. Ramesh Kamble for defendants is present.
Heard argument of Ld.Adv.for plaintiff.
Matter adjd to 31.03.2023 for argument of defendant at 12 o\''clock.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Zubin Dalal for plaintiff is present.
Adv. Ramesh Kamble for defendant is present.
Heard Ld.Adv.for defendant and Ld.Adv.of plaintiff rejoinder.
Matter adjd to 06.04.2023 for Judgment.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Mr. Naved Chawdhary for plaintiff is present.
Adv. Mr. Kamble for defendant is present.
The Court is busy in hearing in old matters.
Matter adjd to 17.04.2023 for judgment.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Naved Chawdhary for plaintiff is present.
None present for defendant.
Judgment delivered in open Court at Exh.39.
F.R.S.R following order is passed-
ORDER
Suit stands dismissed with cost.
Decree be drawn up accordingly.
LO at 4.15 p.m.
Adv. Naved Chawdhary for plaintiff present.
Adv. Ramesh Kamble for defendant present.
Ld.Adv.for plaintiff has filed an application for grant of stay to the effect and operation of order and Judgment dtd. 17.04.2023 t.o.r marked at Exh.40. O- Other side to say.
Order below Exh.40
Perused the application and say filed thereon.
Heard both the sides.
It is contention of the plaintiff that he wants to challenge the order of dismissal of suit before the Honourable High Court by preferring an appeal. As his gymnasium equipments are lying inside the suit premises, hence stay to the effect and operation of order and judgment dtd. 17.04.2023 be granted to the plaintiff.
The defendant is strongly opposed the application on the ground that there is no such provision to grant stay to the judgment of dismissal of suit.
The dismissal of suit is not a executable decree, therefore question of granting any stay to the effect and operation of any such decree does not arise. Hence, application stands rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 17-04-2023