Final Order 1

Order Details: Notice of Motion
Pdf Text: 18.10.2024
Sr. No.9
CORAM : H. H. J. N. B. Lavte, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
Suit 7686/00
M.A 175/24
Ch/s 905/21
NM 3284/19
NM 2124/17
Ch/s 1581/16
NM 1752/16
NM 3211/15
Ch/s 173/15
Ch/s 453/17
NM 2203/15
Adv. Yogesh Pednekar i/b Adv. Praveen Babu for plaintiff present
and filed reply to M.A.175/24 TOR.
Adv. Ravindra Kumar a/w Adv. Yogesh Dandekar for defendant
No.2 present.
Adv. Manisha Pawar for intervenor in M.A. No.175/24.
Adv. Rehana Nalwala present for defendant No.3 and 4 (Proposed
in NM 2114/17).
Adv. Nirvi Goradia for proposed defendant No.12 and 13 in Ch/s
No.905/21.
Adv. Manisha Pawar submitted that Ch./s No.173/15 is pending for
adding party, however, as she has filed M.A 175/24, therefore,
prayed for not pressing the same.
Order on Ch/s No.173/15
In view of the submission made at bar, permission granted. The
Ch/s 173/15 is disposed of as not pressed.
Order on Ch/s No.1581/16
Ch/s 1581/16 was filed by Adv. Santosh Musale as intervenor, to
which plaintiff and defendant No.1 filed their reply on 22.08.2017,
however, neither the advocate nor the intervenor appeared since
long. Hence, the Ch/s 1581/16 is dismissed for want of
prosecution.
Order passed below NM No.2114/17
Heard Adv. Pednekar for plaintiff, Adv. Yogesh Dandekar for
defendant No.2. and Adv. Rehana Nalwala for defendant No.3 and
4 (Proposed in NM 2114/17). So also gone through the reply. The
NM is moved for direction to court commissioner to physically
verify the possession of shop Nos.73, 75, 77, 79 and 81 and the
tenancy there of. The same is pending since 2017. In the NM
allegations are made against defendant No.2 who is appointed as
agent of the court receiver in respect of the shops in possession of
the tenants. Without going into the merit and without prejudice to
the rights of the parties, I am of the view that it would be
appropriate to know who are the tenants in possessions of shop
Nos.73, 75, 77, 79 and 81. Therefore, I deem it proper to give
direction to the Court Receiver to physically verify the shops and
file his detail report. Hence, I proceed to pass following order -
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ORDER
1. NM 2114/17 is allowed
2. The Court Receiver is directed to physically verify the possession
of Shop Nos. 73, 75, 77, 79 and 81 and the tenants therein and to
file his report.
3. NM 2114/17 is disposed of.
Order on NM 3284/19
The present NM is moved by defendant No.2 for day to day trial. By
filing reply overleaf, plaintiff objected the same. Heard both
advocates. So also gone the entire file. From the record it reveals
after this NM, another NM 1321/22 with similar relief was filed
and the same was disposed of on 24.08.2023 with direction to the
plaintiff to proceed with the matter on day to day basis without fail.
On query both the advocates admitted passing of such order. In
view of the same, I am of the view that the present NM has become
infructuous. Hence, I proceed to pass following order -
ORDER
1. The NM 3284/19 is dismissed as infructuous.
2. NM 3284/19 is disposed of.
Matter is adjourned to 22.11.2024 for NM and Ch/s hearing at
03.00 p.m.
Judge
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