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Final Order 1

CNR MHCC01007725201908 Jul 2022
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 08 Jul 2022 · CNR MHCC010077252019

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IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102820/2019
Hasmukh Vanvir Gada and Anr. Vs Smt. Subh Laxmi Soundra Pandian and Ors.
Date : 08-07-2022
Business : None for plaintiff. Adv. Sneha Panchmukh for defendant no.
2a to 2d present. None for defendants no.3a, 4 and 5. Last
chance was given for reply/arguments in NM No. 2820/19,
but the plaintiff and his advocate did not appeared till 4.50
pm and no reply is filed. Heard Adv. Sneha Panchmukh for
defendant no. 2a to 2d in NM No. 2820/19. On perusal of
record, it appears that defendants no. 2a to 2d have been
made party to the suit after demise of original defendant no.
2. Record shows that writ of summons is not served upon
defendants no. 2a to 2d and they had appeared suo moto in
the matter and filed vakalatnama Exh. 5 on 14-11-2017. The
plaintiff had taken time for providing copies of the plaint
and documents to them as mentioned in roznama dtd. 08-01-
2018. There is nothing on record to show that these
defendants have waived service of writ of summons. No
written statement order is passed on 10-06-2019 and present
notice of motion is filed immediately on the next date of
hearing on 20-07-2019. It shows bonafide of these
defendants they have also filed written statement with notice
of motion. Considering all these attending circumstances,
NM No. 2820/19 is made absolute in terms of prayer clause
(a)(b) and (c). Written statement of defendants no. 2a to 2d
is marked as Exh. 11 The proceeding of NM No. 2820/19 is
closed. Matter is adjd.to 23-08-2022 for NM Hrg and C/S
Hrg.
Nature of Disposal : OTHER
Disposal Date : 08-07-2022
COURT 66 ADDL SESSIONS JUDGE
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