Final Order 1

Order Details: Notice of Motion
Pdf Text: N. M. No. 3658/2019 Order
MHCC010099902019 Presented on : 01.10.2019
Registered on : 01.10.2019
Decided on : 11.07.2025
Duration : 05 09 10
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT
BOMBAY
NOTICE OF MOTION NO. 3658/2019
(CNR NO. MHCC010099902019)
IN
SHORT CAUSE SUIT NO. 5363/2007
(HIGH COURT SUIT NO. 2023/2007)
1) M/s. Lalji Mulji Transport Co.,
Partnership Firm, having its office at 17,
Mehta Chambers, 127A, Kalyan Street,
Mumbai - 400009.
2) Harish Dhirajlal Bhanushali,
3) Dharmendra Dhirajlal Bhanushali,
No.2 and 3 being partners of No.1 carrying
on business at 17, Mehta Chambers, 127-
A, Kalyan Street, Bombay – 400 009.
(Original Def. No.2, 4 and 5). … Applicants
In the matter of:
Kasturiben Amrutlal Kataria,
Age 51 years, Occ: Housewife, residing at
Flat No.301, Nilkanth Tirth Apartment,
Ahobila Math Road, Chembur, Mumbai -
400071. … Plaintiff
Versus
1) Lilavatiben Kherajbhai Bhanushali,
aged 75 years, Occ: Housewife,
residing at 3rd Floor, Syno Villa, Plot
No.273, St. Anthony’s Road, Chembur,
Mumbai - 400071.
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N. M. No. 3658/2019 ... 2 … Order
2) M/s. Lalji Mulji Transport Co.,
Partnership Firm, having its office at 17,
Mehta Chambers, 127A, Kalyan Street,
Mumbai - 400 009.
3) Dhirajlal Lalji Bhanusahli,
4) Haresh Dhirajlal Bhanushali,
5) Dharmendra Dhirajlal Bhanushali,
Age 47 years, Occ: Business,
Defendants No. 3 to 5 being partners of
Defendant No.2 carrying on at 17, Mehta
Chambers, 127-A, Kalyan Street, Bombay -
400009. … Defendants
CORAM : HIS HONOUR JUDGE, A. C. DAGA
: COURT ROOM NO. 61
DATE : 11.07.2025
Appearances: -
Adv. G. S. Bhat for Plaintiff.
Adv. Leena Temkar for Defendants No.2, 4 and 5.
ORDER
(Dictated and pronounced in open Court)
Instant Notice of Motion is filed by the Applicant No.3
(Original Defendant No.5) and as Partner of Applicant No.1
(Original Defendant No.2) and Applicant No.2 (Original Defendant
No.4) under Order VII, Rule 11(a) of the Code of Civil Procedure.
It is pleaded in the Notice of Motion that no cause of action arose
for filing of suit against the Applicants/Defendants. The
Applicants/Defendants are nothing to do with the suit property.
Remedy lies against Defendant No.1 only in the Suit. No relief is
claimed against Defendants No.2, 4 and 5. Hence, prayed for
rejection of the plaint.
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2. Plaintiff did not file Reply to it. Hence, Notice of
Motion proceeded without Reply.
3. Heard Advocates for the Defendants No.2, 4 and 5 and
Plaintiff. Ld. Advocate for Plaintiff submitted that, plaint has to be
read as whole. He has also submitted that, the Defendants No.2, 4
and 5 are the partners and have signed on two dates on the Will.
Therefore, they have been joined as party to the proceedings.
Hence, prayed for rejection of Notice of Motion.
4. Perused the record. It appears from the pleadings in
the plaint that Defendants No.2, 4 and 5 have been joined as party
only because Gift Deed executed by Defendant No.1 for the suit
premises was affirmed by the Applicants/Defendants. The Gift
Deed is filed vide (Exh. B) along with the plaint. On perusal of the
Gift Deed, it appears that, the Defendants No.2, 4 and 5 have
signed their as affirming party/witness. They are neither the Doner
nor Donee and therefore, no cause arose for filing of suit against
the Applicants/Defendants.
5. The prayer Clause in the plaint is against the
Defendant No.1.
6. As the Defendants No.2, 4 and 5 are not at all involved
in gifting the property to the Plaintiff and it is the Defendant No.1
who has gifted it. Therefore, it appears that, they have been
unnecessarily joined as to the party to the proceedings without any
cause. Accordingly, instant Notice of Motion needs to be allowed.
As such, I pass the following Order: -
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ORDER
1. Notice of Motion is made absolute.
2. Suit against Defendants No.2, 4 and 5 is rejected under
Order VII, Rule 11(a) of the Code of Civil Procedure.
3. Accordingly, Notice of Motion No. 3658/2019 stands
disposed off.
DATE: - 11.07.2025 (A. C. DAGA)
JUDGE, CITY CIVIL COURT,
GR. MUMBAI.
Dictated on : 11.07.2025
Transcribed on : 11.07.2025
Checked on : 11.07.2025
Signed on : 11.07.2025
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N. M. No. 3658/2019 ... 5 … Order
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER"
DATE: 11.07.2025, AT 06.00 P. M. Siddhesh S. Shirke
STENOGRAPHER (GRADE-I)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
no.)
: SHRI A. C. DAGA (C. R.
NO. 61)
Date of pronouncement of
Judgment/order : 11.07.2025
Judgment/order signed by the P. O.
on : 11.07.2025
Judgment/order uploaded on : 11.07.2025
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