Final Order 1

Order Details: Other
Pdf Text: C.R. No.03
Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101648/2019
Siddiqua D-o Sayed Mustafa S. Murtuza Mirai And Ors Applicant-Abdul Khalique S-o Muazzam Shaikh Vs Sayed Jalil
S-o Mustafa Sayed Murtaza Mirai And Ors
Date : 06-12-2024
Business : Plaintiff is present. His Adv. is absent. None for defendant
present. Adv. Vinayak Sawant for applicant present. Kept
Back. Later on at 4.20 p.m. Adv. Mooman for plaintiff
present. Adv. Balbhim Patil for defendant Nos. 1 to 3
present. The defendant No. 2 has expired on 28.05.2021 and
the details of her legal heirs has provided by the Ld. Adv.
for the defendant No.2 to the Ld. Adv. for the plaintiff. As
the plaintiff has not brought legal heirs of defendant No. 2
on record hence, suit is abated against the defendant No.2.
Order passed below Chamber Summons No. 1648/2019.
Perused the CS. Heard Ld. Adv. for the applicant. The CS is
filed for seeking direction to accept the rent amount by the
receiver in respect of Room No. 34 from the applicant and
transfer the rent receipt in the name of the applicant. The
applicant is not the party to the suit. The suit is for partition.
According to the applicant the plaintiff and defendants have
given no objections to transfer rent receipt in their name.
But record nowhere indicate such kind of no objection from
the parties. The applicant is having independent remedy to
get the relief by approaching the appropriate forum. In view
of the same, following order is passed ORDER 1. The
Chamber Summons No. 1648 of 2019 is hereby dismissed.
2. No order as to costs. 3. The Chamber Summons No. 1648
of 2019 is disposed of accordingly. Court is busy in hearing
final arguments in Suit No.3412/2013. Matter stands
adjourned on 11.12.2024 for Notice of Motion order.
Nature of Disposal : DISMISSED
Disposal Date : 06-12-2024
COURT 03 ADDL SESSIONS JUDGE
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