Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice Of Motion 3230/2019 ..1.. In Suit No.4486/2007
CNR NO.MHCC010088152019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 3230 OF 2019
IN
L.C. SUIT NO. 4486 OF 2007
Seema Sumant Chogle,
Aged : 60 Years,
Residing At : 289, Babhai, 1st Floor,
Off L. T. Road, Borivali (West),
Mumbai 400 092. ...Plaintiff
Versus
1. Rashmi Mandar Chogle,
Aged : 45 Years, Occ. : ,
Residing At : 289, Babhai,
2nd Floor, Off L. T. Road,
Borivali (W), Mumbai 400 092.
2. Mandar Ratnakar Chogle,
Aged : 53 Years, Occ. : Business,
Residing At : Chogale Group of Companies,
C/o. Mukundrao Chogle Foundation Trust,
Near Sulochana Chogle Chawl,
Ram Mandir Road, Babhai,
Borivali (W), Mumbai 400 092.
3. Ratnakar Vasantrao Chogle (Now Deceased)
3.a. Pramodini Ratnakar Chogle,
Aged : 73 Years, Occ. : Household,
Residing At : 289, Babhai,
2nd Floor, Off L. T. Road,
Borivali (W), Mumbai 400 092.
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Notice Of Motion 3230/2019 ..2.. In Suit No.4486/2007
3.b. Dr. Padmaja Sunil Patil,
Residing At : Gangotri Building,
Flat No. 1, Sector 1,
Kandivali (W), Mumbai.
4. Minicipal Corporation of Greater Mumbai,
Having Head Office At ;
Mahanagarpalika Marg,
Mumbai 400 001.
5. Neela Raman Chogle,
Aged : 64 Years,
6. Amit Raman Chogle,
Aged : 37 Years,
Residing At : 289, Babhai,
Borivali (W), Mumbai 400 092.
7. Shama Sanjay Chiplunkar,
(nee Shama Raman Chogle)
Aged : 33 Years,
Residing At : Building No. 3,
Income Tax Colony, Opp. Dindoshi
Bus Depot, Film City Road,
Goregaon (East), Mumbai 400 067. ...Defendants
Appearance :
C.A. of Plaintiffs.
Mr. Prashant P. More, Advocate for Applicants.
Ms. Mhatre, Advocate for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI A. N. MARE (C.R.No.11)
DATE : 7th OCTOBER, 2019.
O R A L O R D E R
1. Defendants No. 1, 2 and 3a have taken out this Notice of
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Notice Of Motion 3230/2019 ..3.. In Suit No.4486/2007
Motion, to set aside the order dated 09.07.2019 by which this Court
foreclosed their right to adduce evidence. Plaintiffs have not filed reply
to Notice of Motion.
2. Heard both the parties. Perused record.
3. Proceedings do indicate that since April, 2019 the case was
fixed for evidence of defendants No. 1, 2 and 3a. On 26.06.2019
adjournment was sought on the ground of death of uncle of Advocate for
the applicants i.e. defendants No. 1, 2 and 3a. On next date i.e.
09.07.2019 none appeared for them. Therefore, the order was passed
closing evidence of defendants No. 1, 2, 3a.
4. Advocate for defendants No. 1, 2 and 3a submits that, the
evidence affidavit is ready and she will tender it on next date. CA for
plaintiffs opposed the Notice of Motion on the ground that defendants
No. 1, 2 and 3a are intentionally protracting the case.
5. Considering the circumstances, to my mind in the interest of
justice an opportunity can be given to defendants No. 1, 2 and 3a to
adduce the evidence. However, on a condition that their failure to
adduce the evidence on next date will result in automatic closure of their
evidence without further reference to record. Hence, following order.
ORDER
1. Notice of Motion No.3230 of 2019 is made absolute in terms of
prayer clause (a).
2. The order dated 09.07.2019 closing evidence of defendants No.
1, 2 and 3a is set aside.
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Notice Of Motion 3230/2019 ..4.. In Suit No.4486/2007
3. Defendants No. 1, 2 and 3a shall adduce evidence on next date
failing which their evidence shall stand closed without further
reference to the Court.
4. Costs in cause.
(A. N. MARE)
Judge,
07.10.2019 City Civil Court, Mumbai.
Dictated On : 07.10.2019
Transcribed on : 07.10.2019
HHJ Signed on : 10.10.2019
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Notice Of Motion 3230/2019 ..5.. In Suit No.4486/2007
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
17.10.2019 4.58 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 07.10.2019
Order signed by P.O. on 10.10.2019
Order uploaded on 17.10.2019
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