Final Order 2

Order Details: Other
Pdf Text: Noting :14/08/2019 1 C. R. No. 01
14/08/2019
SU-7773/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Lambate for defendant nos. 2, 3, 7 to 11, 15, 16, 33
and 34 present.
Adv. Riddhi Shah for defendant nos. 18 to 24 and 27 to 32
present.
Adv. Lambate seeks time for adducing evidence of
defendants. Time is granted.
Adjourned for evidence of defendants to 3.9.2019.
Judge
14/08/2019
SU-3729/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ridhhi Shah for plaintiff present.
Adv. Shukla for defendant no. 1 present.
Parties seek time for hearing on admissibility of the
documents.
Adjourned for hearing on admissibility of documents to
20.9.2019.
Judge
14/08/2019
SU-758/16
Exh. 21
Exh. 22
Exh. 23
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pal for plaintiff present.
None present for defendants.
Application filed on behalf of plaintiff for production of
document. O-Production is allowed.
Original Deed of Confirmation dated 7.12.2000.
Evidence closing pursis filed by the plaintiff. O-Seen and
filed.
Adjourned for exparte argument to 3.9.2019.
Judge
14/08/2019
SU-1501/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Evidence is not filed by the plaintiff.
Put for dismissal order.
Adjourned for dismissal of suit to 7.10.2019.
Judge
14/08/2019
SU-1636/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiffs.
Adv. Dinesh Shinde for defendant present.
Evidence is not filed by the plaintiff.
Put for dismissal order.
Adjourned for dismissal of suit to 10.10.2019.
Judge
-- 1 of 11 --
Noting :14/08/2019 2 C. R. No. 01
14/08/2019
SU-1520/15
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rahul Tiwari for plaintiff present
Adv. Praful Pawar for defendant present.
Adjournment application filed on behalf of plaintiff.
O-Considering the reason adjournment is granted.
Adjourned for evidence of plaintiff to 11.10.2019.
Judge
14/08/2019
SU-3399/13
Exh. 4
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Adhyanthaya for defendant nos. 1 and 2 present.
Issues framed by the Court.
Adjourned for evidence of plaintiff, list of witnesses and
compilation of documents to 7.10.2019.
Judge
14/08/2019
SU-2197/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Issue writ of summons to the defendants returnable on
16.10.2019.
Adjourned for affidavit of service of writ of summons to
16.10.2019.
Judge
14/08/2019
SU-2120/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Issue writ of summons to the defendants returnable on
16.10.2019.
Adjourned for affidavit of service of writ of summons to
16.10.2019.
Judge
14/08/2019
SU-4197/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Suresh Mahadik for defendant present.
The Ld. counsel for the defendant submitted that the
counsel for the plaintiff has filed the application for the trial
of the other suit pending in C. R. No. 2 by the same court.
Hence matter is adjourned to 15.10.2019.
Judge
-- 2 of 11 --
Noting :14/08/2019 3 C. R. No. 01
14/08/2019
SU-3188/14
Exh. 7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Asit Singh for plaintiff present.
None present for defendant.
Application filed on behalf of plaintiff for setting aside
dismissal order.
The Ld. Advocate for plaintiff submitted that the plaintiff is
not medically fit and presently he is at Kerala and therefore,
prayed for adjourning the matter and also for setting aside
dismissal order. In the interest of justice the order of
dismissal is called back and last chance is granted to the
plaintiff for adducing the evidence.
Adjourned for evidence of plaintiff to 11.10.2019.
Judge
14/08/2019
SC-910/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Mangesh Arote for State present.
Accused nos. 1 and 2 on bail present.
Adv. Jaiswal h/f Adv. Ghadge for accused no. 1 present.
Adv. Shelar for accused no. 2 present.
The Ld. Advocate for accused no. 1 seeks adjournment as
senior advocate is not available.
Adjourned for arguments to 31.8.2019.
Judge
14/08/2019
Commercial Suit
No. 38/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Giriraj for plaintiff present.
None present for defendants.
Affidavit of service in 3 volumes filed by the plaintiff. TOR.
It appears from the postal endorsement that the addressee
left address without intimation.
Plaintiff to take the steps for service of writ of summons to
the defendants.
Adjourned for steps to 28.8.2019.
Judge
14/08/2019
SC-400/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
The Sheristedar of C.R. No. 16 has put the note sheet that
the judgment was delivered by me while presiding in C. R.
No. 16 in the Session Case No. 400/2015 on 31.8.2018. In
the judgment on page nos. 2 and 3 by oversight signature
was not made. Hence the note sheet is accepted and today
the page nos. 2 and 3 are signed.
Judge
-- 3 of 11 --
Noting :14/08/2019 4 C. R. No. 01
14/08/2019
SU-8405/94
Exh. 7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mandhyan for plaintiff present.
Adv. Shrinivas Bobade with Adv. Ms. Eram Quraishi for
defendant present.
Affidavit filed by the defendant. TOR.
It is made clear that the contents of para 2 of the affidavit
(Exh. 7) are not as per the record. This court never refused
to accept the document of ration card. Hence the contents
of the para 2 of the affidavit cannot be considered for any
purposes. Defendant is directed not to make any such
statement contrary to the record.
In the affidavit the submission of the defendant that
he is not in position to produce any document executed by
him before the year 1981. The other submission in the
affidavit that the defendant is directed to remain present
before the court and sign before the court to compare his
signature with the signature on Conveyance Deed dated
7.10.1981. The said contention in the affidavit at this stage
cannot be considered. The affidavit cannot be treated as an
application. Hence, it is apparent that defendant is unable
to produce any document prior to 7.10.1981 at this stage.
Thus in view of the same the matter is kept for hearing on
admissibility of the documents filed by the plaintiff.
Adjourned for admissibility of the documents to 11.9.2019.
Judge
*********************
-- 4 of 11 --
Noting :14/08/2019 5 C. R. No. 01
14/08/2019
SU-3414/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Rajesh Yadav for the plaintiff present. He pointed out
that service report is received from the department on
3.8.2019 but inadvertently it was not mentioned in the
roznama of the previous date. Service report is taken on
record. The registered Notice of Motion be handed over to
the advocate for plaintiff for service to defendant no. 1(a).
Matter is already adjourned to 30.9.2019.
Judge
14/08/2019
SC-176/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Mangesh Arote for State present.
Accused nos. 1 to 4 not produced from jail.
Adv. Poonam Karmkar h/f Adv. Jagtap for all accused
present.
Adv. Devyani Kulkarni for complainant present.
Heard further argument of Ld. APP partly.
Adjourned for further argument of APP to 22.8.2019.
Judge
14/08/2019
SU-2144/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Andrews for plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff admitted that there is no
chance of settlement. Hence matter is placed for hearing
on Notice of Motion.
Defendant has not taken the NM for registration. Defendant
to take steps.
Adjourned for compliance and hearing on Notice of Motion
to 9.9.2019.
Judge
14/08/2019
SU-910/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ansari for plaintiffs present.
None present for defendant.
Defendant no. 2 failed to file the written statement. Hence
suit is proceeded without written statement of defendant
no. 2.
Adjourned for NM hearing to 9.10.2019.
Judge
14/08/2019
SU-1090/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Dubey for defendant no. 3 present.
It appears that the plaintiff has not filed the proof of service
of writ of summons to defendant no. 1.
Adjourned for proof of service of writ of summons to
defendant No .1 and hearing on NM to 10.10.2019.
Judge
-- 5 of 11 --
Noting :14/08/2019 6 C. R. No. 01
14/08/2019
SU-2453/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Deolekar for plaintiff present.
None present for defendant.
The Ld. counsel for the plaintiff seeks time for hearing on
NM.
Adjourned for NM hearing to 11.10.2019.
Judge
14/08/2019
SU-530/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. V. Tripathi for plaintiff present.
Adv. Saket Chavn for all defendants present.
The Ld. Counsel for defendants seek time for hearing NM as
the counsel is out of station.
Adjourned for NM hearing to 11.10.2019
Judge
14/08/2019
Commercial Suit
No. 27/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Viraj Kandpile for plaintiff present.
None present for defendant.
The Ld. counsel for the plaintiff seeks time for the
inspection of the documents.
Hence matter is adjourned for inspection of documents to
19.8.2019.
Judge
*************************************
-- 6 of 11 --
Noting :14/08/2019 7 C. R. No. 01
14/08/2019
SU-944/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Manoj Kane for both the defendants present.
Draft NM tendered by the defendant nos. 1 and 2 along
with the written statement. Leave is granted to register
NM.
Matter is already adjourned to 23.9.2019.
Adjourned for NM reply to 23.9.2019.
Judge
14/08/2019
SU-2618/15
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Arjun Kode for plaintiff present.
Adv. Bhandari for defendant no. 1 present.
Adv. Trivedi for defendant no. 6 present.
Adv. for defendant no. 6 seeks time for NM hearing.
Adjourned for NM hearing to 4.9.2019.
Judge
14/08/2019
M. A. 75/19
in
M. A. 19/18
Order
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
FRSR following order is passed.
1. Misc. Application No. 75/2019 is allowed and thereby
the title clause of the Misc. Application No. 19/2018 is
directed to be corrected as “Smt. Shantabai Vinayak Patil
and Ors. Versus Mohanbhai Girdharilal Joshi and Ors.”
2. Sheristedar to make necessary corrections in the title
clause and get it attested by this court.
3. Steno to correct the PDF file.
4. Misc. Application is disposed of accordingly.
Judge
14/08/2019
SU-7581/81
Exh.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Giriraj for defendant nos 2(a) to 2(e) and 3 present
Pursis filed on behalf of defendant nos. 2(a) to 2(e).
Defendant nos. 2(a) to 2(e) filed pursis adopting the
written statement filed by the defendant no. 2 on behalf of
defendant no. 3. O-Seen and filed. Defendant nos. 2(a) to
2(e) to address the court on the issue that by way of pursis
the earlier written statement can be adopted.
Adjourned for hearing and framing issues to 21.8.2019.
Judge
-- 7 of 11 --
Noting :14/08/2019 8 C. R. No. 01
14/08/2019
SU-5149/12
(Disp. Off)
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Charushila Gorad h/f Adv. Harish Pawar for plaintiff
present.
None present for defendant.
FRSR following order is passed on Notice of Motion No.
4443/2013.
1. Notice of Motion No. 4443/2013 is allowed in terms of
prayer clause (a) i.e. the order dated 22.11.2013 of
dismissal of the suit is hereby set aside and suit is restored
to the original file.
2. Plaintiff to take steps to serve notice to the defendants of
restoration of the suit.
3. Notice of Motion is disposed of accordingly.
_____________________________________________
Adjourned for report of service of notice to 3.10.2019.
Judge
****************************************
-- 8 of 11 --
Noting :14/08/2019 9 C. R. No. 01
14/08/2019
SU-332/19
Exh. 8
Exh. 9
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Plaintiff in person present.
Defendant no. 2 present.
Adv. Giriraj for plaintiff present.
Adv. Saurabh More h/f Adv. Chetan Bane for all the
defendants present.
Application filed on behalf of plaintiff for withdrawal of the
suit.
Consent Terms filed between the plaintiff and defendants.
Plaintiff filed the application (Exh. 8) for withdrawal of the
suit. It is contended by the ld. counsel for the plaintiff that
the matter between the plaintiff and defendants is settled
vide Consent Terms (Exh. 9) annexed to the withdrawal
application and therefore the plaintiff does not wish to
prosecute the suit. Plaintiff is present. I had verified from
the plaintiff. He confirms the recitals in withdrawal
application (Exh. 8) and Consent Terms (Exh. 9).
Defendant no. 2 handed over the Demand Draft of Rs.
2,00,000/- bearing DD no. 009312 dated 17.7.2019 drawn
on National co-operative Bank Ltd.,, Ghatkopar (west)
branch. In view of the matter, it is just and sufficient to
pass following order.
ORDER
1. Application (Exh. 8) is allowed.
2. Suit is disposed of as withdrawn.
3. No order as to costs.
4. Court fees be refunded to the plaintiff as per rules.
_______________________________________________
As the suit is disposed of there is no purpose in keeping the
notice of motions pending. Therefore Notice of Motion No.
1274/2019 and Notice of Motion No. 968/19 are
accordingly disposed of.
Judge
*****************
-- 9 of 11 --
Noting :14/08/2019 10 C. R. No. 01
14/08/2019
SU-9650/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chanchal Sharma h/f Adv. Agrawal for plaintiff
present.
Adv. Chitnis for deft. no. 6 present.
Heard further argument of Ld. Advocate for defendant no. 6
partly.
Adjourned for further argument to 22.8.2019 at 3.30 pm.
Judge
14/08/2019
SU-1027/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Jimish Shah for defendant present.
Court is busy in other matters.
Adjourned for NM order to 21.8.2019.
Judge
14/08/2019
SU-340/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Charushila Gorad h/f Adv. Harish Pawar for plaintiff
present.
Adv. Vinod Desai for defendants present.
Order is partly dictated.
Court is busy in hearing old Suit No. 9650/90.
Adjourned for order on NM to 16.8.2019.
Judge
***************
-- 10 of 11 --
Noting :14/08/2019 11 C. R. No. 01
14/08/2019
St. No. 8537/19
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Holamagi for plaintiff present.
Adv. Asif Hussain for defendant nos. 1 to 3 present.
Heard Ld. Advocate for plaintiff and defendants on the
issue of jurisdiction. Matter is placed for order. Meanwhile
plaintiff to remove office objections.
Adjourned for order to 19.8.2019.
Judge
-- 11 of 11 --