Final Order 1

Order Details: Other
Pdf Text: Noting : 08/11/2019 1 C. R. No. 01
08/11/2019
SU-9728/99
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None present for defendants.
Plaintiff seeks time for further evidence.
Adjourned for further evidence of the plaintiff to
27.11.2019.
Judge
08/11/2019
SU-327/90
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Defendant no. 4 present.
Additional issues were framed. Plaintiff, prior to the
amendment, has filed affidavit of evidence and his cross
examination was completed. Liberty is granted to the
plaintiff to file additional evidence, if any, after the
framing of additional issues.
Adjourned for additional affidavit of evidence of plaintiff,
if any, to 18.11.2019.
Judge
08/11/2019
SU-6121/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. P. R. Prabhu for plaintiff present.
Adv. Apurv Kale for defendant no. 2 present.
None present for defendant no. 1.
Matter is adjourned as a last chance for hearing on
admissibility of documents by defendant no. 1 to
6.12.2019.
LO
Adv. R. Gonsalves for defendant no. 1 present.
Judge
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Noting : 08/11/2019 2 C. R. No. 01
08/11/2019
SU-8405/94
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mandhyan for plaintiff present.
Adv. Shrinivas Bobade for defendant present.
As per the order of the Hon'ble High Court in Writ
Petition no. 181/15 dated 22.3.2019, it is held that for
the purpose of comparison, the parties are at liberty to
produce any document bearing the signature of
defendant Romesh Sharma which was executed before
the document in question. The Ld. Advocate for the
plaintiff and defendant submitted that they will take
effort for procuring the document bearing signature of
defendant Romesh Sharma prior to the document in
question.
Adjourned for steps / hearing on admissibility of the
documents to 25.11.2019.
Judge
08/11/2019
SU-3370/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Desai for plaintiff present.
PW-1 present.
Adv. Lakhan for defendant no. 1(a) present.
The Ld. Advocate for the defendant no. 1(a) seeks time.
Adjourned for cross examination of PW-1 to 9.12.2019.
Judge
08/11/2019
SU-2650/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Vipin Tiwari for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff seeks time to adduce
evidence. Last chance was already granted to the
plaintiff. Hence the request for adjournment not
entertained. Put the matter for dismissal.
Adjourned for dismissal to 6.1.2020.
Judge
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Noting : 08/11/2019 3 C. R. No. 01
08/11/2019
SU-639/16
Exh. 6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Salvi for plaintiff present.
Adv. Dharod for defendants present.
Draft CS along with affidavit filed by the defendants.
Leave is granted to register.
Application filed by the defendants for dismissal of the
suit.
Call say of plaintiff.
Adjourned for say on Exh. 6 and reply on CS to
10.1.2020.
Judge
08/11/2019
SU-672/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Salvi for plaintiff present.
Adv. Dharod for defendants present.
The ld. counsel for the plaintiff seeks time to adduce
evidence.
Adjourned for evidence of the plaintiff to 10.1.2020.
Judge
08/11/2019
EA-19/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sigarla for DH present.
Adv. Ankit Rajput for JD present.
The Ld. Advocate for the JD seeks time.
Adjourned for hearing to 21.11.2019.
Judge
08/11/2019
SU-4381/11
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Joshi for plaintiff present.
None present for defendants
Additional Affidavit of service filed by the plaintiff. TOR.
The Ld. Advocate for the plaintiff undertakes to serve
defendant nos. 20, 31, 32 and 33.
Writ of summons in extended in respect of defendant nos.
20, 31, 32 and 33.
Adjourned for affidavit of service in respect of defendant
nos. 20, 31, 32 and 33 to 13.1.2020.
Judge
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Noting : 08/11/2019 4 C. R. No. 01
08/11/2019
SU-7243/04
Exh. 27
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
PW-1 present.
Adv. Raut h/f Adv. Vaishnava for plaintiff present.
Adv. for defendant present.
Adjournment application filed on behalf of defendant.
O-Call say of defendant.
Say filed by the plaintiff.
O-Read application and say. Considering the reason
matter is adjourned.
Adjourned for further cross examination of PW-1 to
3.12.2019.
Judge
08/11/2019
SU-7393/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sushil Purohit with Adv. Darshita Tita for plaintiff
present.
Adv. Mishra for defendant no. 2 present.
Heard argument of Ld. Advocate for defendant no. 2
partly.
Adjourned for further argument of defendant no. 2 to
19.11.2019.
Judge
08/11/2019
SU-3483/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Vrushali Kabre for plaintiff present.
The Ld. counsel for the plaintiff seeks time to adduce
evidence.
Adjourned for evidence of the plaintiff to 4.12.2019.
Judge
08/11/2019
SU-239/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. D. Malhotra for plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff seeks time. Granted as
last chance.
Adjourned for hearing on NM to 6.1.2020.
Judge
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Noting : 08/11/2019 5 C. R. No. 01
08/11/2019
EA-769/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Thorat for DH present.
Adv. Kaustubh Patil for the JD present.
The Ld. Counsel for the DH submitted that he has
received the letter of counsel for the JD that they will
supply the plans to the DH.
Earlier order if any to continue till next date.
Adjourned for hearing on NM to 6.12.2019.
Judge
08/11/2019
M.A. 138/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for order to 23.11.2019.
Judge
08/11/2019
M.A. 139/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in other matters.
Adjourned for order to 23.11.2019.
Judge
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Noting : 08/11/2019 6 C. R. No. 01
08/11/2019
SU-2629/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bilwe for plaintiff present.
None present for defendant.
Heard Ld. counsel for the plaintiff. The plaintiff is called
upon to address the court on the already framed
preliminary issue dated 13.11.2017 by the predecessor of
this court.
Adjourned for hearing on NM to 3.1.2020.
Judge
08/11/2019
SU-19/19
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
p0laintiff nos. 1 and 2 present along with their advocate
Mr. Ravindra Khillar. They submitted that they do not
want to prosecute the suit and filed application Exh. 5 for
withdrawal of the suit. The plaintiff no. 1 signed the
application (Exh. 5) for himself and on behalf of the
plaintiff nos. 3 to 6 as duly Constituted Attorney of those
plaintiffs. I had inquired from the plaintiff nos. 1 and 2
about the contents in the withdrawal application. They
affirmed the contents of the application (Exh. 5). Hence,
it is expedient to pass following order.
ORDER
1. Suit is disposed of as withdrawn.
2. Parties to bear their own costs.
3. Court fees be refunded as per rules.
4. In view of the withdrawal of the suit, the pending
Notice of Motion No.726/19 become infructuous and
therefore it is also disposed of.
Judge
08/11/2019
SU-1544/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff
Adv. Abhishek Singh for defendant no. 2 present.
Already last chance was granted to the plaintiff to serve
chamber summons to the defendants, but the plaintiff
failed to do so. Hence put the chamber summons for
dismissal order.
Adjourned for dismissal of chamber summons to
3.1.2020.
Judge
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Noting : 08/11/2019 7 C. R. No. 01
08/11/2019
SU-593/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for plaintiff present.
Adv. Rajeshirke for defendant present.
The Ld. Advocate for the defendant seeks time.
Adjourned for hearing on NM to 25.11.2019.
Judge
08/11/2019
SU-594/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for plaintiff present.
Adv. Rajeshirke for defendant present.
The Ld. Advocate for the defendant seeks time.
Adjourned for hearing on NM to 25.11.2019.
Judge
08/11/2019
EA-252/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for DH present.
Adv. Rajeshirke for Judgment Debtor present and seeks
time for hearing.
Adjourned for hearing to 25.11.2019.
Judge
08/11/2019
EA-253/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Nichani for DH present.
Adv. Rajeshirke for Judgment Debtor present and seeks
time for hearing.
Adjourned for hearing to 25.11.2019.
Judge
08/11/2019
St. No.
13537/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
The plaintiff has not taken any steps for registration of
the suit. Plaintiff to take steps for registration of the suit
otherwise the court will proceed further in accordance
with law.
Adjourned for compliance to 8.1.2020.
Judge
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Noting : 08/11/2019 8 C. R. No. 01
08/11/2019
SC-59/14
Exh. 83
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP More for State present.
Accused on bail absent.
Adv Nalawade for accused present.
Exemption application filed on behalf of accused.
O-Exempted for today.
Heard argument of Ld. APP and Ld. Counsel for the
accused.
Adjourned for judgment to 27.11.2019.
Judge
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Noting : 08/11/2019 9 C. R. No. 01
08/11/2019
SU-4179/12
Exh. 25
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mooman for plaintiff present.
Adv. B. S. Patil for defendants present.
Application filed on behalf of defendants for removing
NM from the caption of dismissal.
O-Read application and say. Heard. In the interest of
justice the order of dismissal of notice of motion is called
back.
Heard Argument of Ld. Advocate for the plaintiff and
defendants on Notice of Motion no. 4058/18 and
4059/18.
Common order below Notice of Motion No. 4058/2018
and 4059/2018.
These Notice of Motions are filed by defendant nos. 1 and
4 for setting a side without written statement order
dated 15.11.2017. The Ld. counsel for the defendant
nos. 1 and 4 submitted that due to the negligence of the
advocate, the written statement could not be filed and
therefore the court proceeded without written statement.
They submitted that hey had visited the office of the then
advocate several times to take back the papers, but he
avoided for the reasons best known to him and did not
entertain. They would submit that they have filed
complaint against the advocate under the Advocate's Act.
In this background they prays for setting aside the order
dated 15.11.2017. The Ld. Advocate for the plaintiff
opposed the the Notice of Motions. The Ld. Advocate for
the plaintiff submitted that the defendant nos. 1 and 4
have not explained the delay. The reason given by the
defendant nos. 1 and 4 is not sufficient to condone the
delay and therefore prayed for rejection of both the
notice of motions.
I had considered the rival submissions. The
record speaks that the defendant Nos.1 and 4 had
engaged their advocate, but the explanation is not
justified by supporting material that the advocate was
only responsible for not taking the pain for filing of the
written statement.
Be that as it may, the evidence of the plaintiff is
filed on the record but the cross examination of PW-1 is
not yet starred. The defendant nos. 1 and 4 wish to
contest the matter, therefore it would be in the interest of
the parties if the matter is decided on merit. No
prejudice will be caused to the plaintiff if the matter is
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Noting : 08/11/2019 10 C. R. No. 01
Exh. 26
decided on merit. Even otherwise there should not be
hyper technical and pedantic approach in dealing with
such type of motion. Thus in view of the matter and in
the interest of justice it is just and expedient to pass
following order.
ORDER
1. Notice of Motion No. 4058/2018 and 4059/2018 are
made absolute in terms of the prayer clause (a) and (b)
of those notice of motions subject to the costs of Rs.
4,000/- to be paid to the plaintiff (Rs. 2000/- each by
defendant nos. 1 and 4) within a period of four weeks
from today.
2. Payment costs is subject precedent.
3. On payment of costs the written statement of
defendant nos. 1 and 4 be taken on record.
4. Notice of Motions are disposed of accordingly.
________________________________________________
Costs of Rs. 4000/- paid by defendant nos.1 and 4 to the
counsel for the plaintiff and therefore order is complied.
Written statement of defendant nos. 1 and 4.
Adjourned for issues to 19.12.2019.
Judge
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Noting : 08/11/2019 11 C. R. No. 01
08/11/2019
SU-5107/07
Exh. 44
Exh. 45
Exh. 46
Exh. 47
Exh. 48
Exh. 49
Exh. 50
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. P. D. Gandhi for plaintiff present.
Adv. Kalpesh Joshi for defendant no. 2 present.
Deposition of DW-2 Swaminath R. Pal.
Evidence of DW-2 completed.
Document of news paper dated 5.4.2007.
Deposition of DW-3 Ramkumar Rameshwar Gupta.
Evidence of DW-3 completed.
Board resolution.
The part of the daily news paper Free Press Journal dated
4.4.2007.
The part of the daily news paper Free Press Journal dated
24.6.2010.
The part of the daily news paper Navshakti dated
24.6.2010.
Adjourned for further evidence of the defendant to
22.11.2019.
Judge
08/11/2019
SU-3729/08
Exh. 9
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shah for plaintiff present.
Adv. Shukla for defendant no. 1 present.
Adv. Govarkar for defendant no. 3 present.
Application filed on behalf of plaintiff for issuance of
witness summons.
O-Call say of defendants.
Adjourned for reply of defendants on Exh. 9 / hearing on
admissibility of the documents to 22.11.2019.
Judge
08/11/2019
SU-1259/18
Exh.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Prashant Mhatre for plaintiff present.
Vakalatnama filed on behalf of plaintiff. O-Seen and
filed.
Draft NM along with affidavit tendered by the plaintiff.
Leave is granted to register. Matter is already adjourned
to 9.1.2020.
Adjourned for reply to NM to 9.1.2020.
Judge
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Noting : 08/11/2019 12 C. R. No. 01
08/11/2019
SU-4794/07
Exh. 23
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murtuza for plaintiff present.
Adv. Shamim for defendant nos. 9 and 11 present
Witness present.
Adjournment application filed on behalf of defendant
nos. 9 and 11.
Order below Exh. 23
Read application. Heard. By this application the ld.
counsel for the defendant nos. 9 and 11 seeks
adjournment on the count that he has challenged the
order of the Hon'ble Principal Judge dated 14.10.2019 in
Transfer Application No. 202/19 before the Hon'ble High
Court in Writ Petition No. 28411/19 which is fixed on
12.12.2019. The Ld. counsel for the defendant nos. 9
and 11 submitted that the subject matter of this suit and
other suit no. 720/13 are the same and the parties are
also same. He would submit that the defendant no. 9 is a
senior citizen and as per the notification the matter is
required to be referred either to Court Room No. 7 or
Court Room no. 9, designated Court for senior citizens.
The adjournment is strongly opposed by the
plaintiff. The Ld. Advocate for the plaintiff submitted
that matter is of the year 2007 and the suit is for
possession and the defendants who are in possession are
deliberately delaying the prosecution of the suit.
The ld. counsel for the defendant nos. 9 and 11
fairly submitted that the application for transfer was on
two fold grounds i.e. the subject matter and the parties in
the suit are same and other ground is that the defendant
no. 9 is a senior citizen. The Hon'ble Principal Judge has
rejected the Transfer Application. Therefore, it would
not be proper for me to entertain the request for the
transfer for referring the matter to the designated court
for senior citizens. The other request of defendant nos. 9
and 11 is that the matter be adjourned beyond
12.12.2019. But the suit is of the year 2007 i.e more
than 12 years old and therefore it would not be possible
to adjourn the matter for more than one month. In the
interest of justice the matter is adjourned for cross
examination. The ld. counsel for the defendant nos. 9
and 11 to take note that, on the next date if the counsel
for defendant nos. 9 and 11 failed to cross examine the
witness, the court will proceed in the matter in
accordance with law.
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Noting : 08/11/2019 13 C. R. No. 01
Adjourned for cross examination of PW-1 to 22.11.2019.
Judge
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Noting : 08/11/2019 14 C. R. No. 01
08/11/2019
SC-910/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
APP Siroya for State present.
Accused nos. 1 and 2 on bail present.
Adv. Ghadge for accused no. 1 present.
Adv. Shelar for accused no. 2 present.
Heard further argument of Ld. APP. He concluded his
argument.
Adjourned for argument of defence counsel to
16.11.2019.
Judge
-- 14 of 16 --
Noting : 08/11/2019 15 C. R. No. 01
08/11/2019
SU-1086/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bajaj for plaintiff present.
Adv. Shivani Soni for defendant no. 1 present.
Adv. Jaymala Ostawal for defendant no. 2 present.
Draft NM along with supporting affidavit tendered by
defendant no. 2. Leave is granted to register.
Heard Ld. Advocate for plaintiff and defendant no. 2 on
draft NM.
Order below Draft Notice of Motion
This Notice of Motion is tendered by the defendant no. 2
for appointment of Court Commissioner for recording the
evidence of the DW-2 and DW-3 who are resident of
Nagpur. The ld. counsel for the defendant no. 2
submitted that the witnesses are senior citizens and
advocates and it would be proper that if their evidence is
recorded through Court Commissioner at Nagpur. She
submitted that no prejudice will be caused to the
plaintiff.
The Ld. Counsel for the plaintiff opposed the NM on the
count that this is nothing but a dilatory tactics. He would
further submit that no reason has been assigned in the
draft NM for appointment of Court Commissioner for
recording the evidence of witnesses. The office has
provided the list of the empaneled Court Commissioners
for recording evidence with the District and Sessions
Court, Nagpur.
As per Order 18 Rule 4 of the CPC the evidence of
the witnesses can be recorded by appointing
commissioner. The witnesses are resident of Nagpur and
are senior citizens. Considering the same it is just and
expedient to allow the Notice of Motion. The parties
have consented for Mr. Prabhakar Dhale, retired Judge
residing at Nagpur an empaneled Court Commissioner
with the District and Sessions Court, Nagpur. The ld.
counsel for the defendant no. 2 submitted that she had
taken the consent of Mr. Dhale on phone. Hence, it is
expedient to pass following order.
ORDER
1. Draft Notice of Motion is allowed in terms of prayer
clause (a) and (b).
2. Mr. Prabhakar Dhale, retired judge is appointed as
Court Commissioner to record further examination in
chief and cross examination of DW-2-Advocate Jyoti
Dharmadhikari and DW-3- Advocate Mohan Dattatray
-- 15 of 16 --
Noting : 08/11/2019 16 C. R. No. 01
Samel.
3. Defendant no. 2 to bear the charges of the Court
Commissioner.
4. The relevant record i.e. affidavit of examination in
chief of DW-2 and DW-3 along with original document
styled as “Deed of Family Arrangement” be forwarded to
the Court Commissioner at his address along with Writ of
Commission, in sealed insured envelope, by speed post or
depute the clerk of the Court for the purpose of carrying
the document to the Court Commissioner. The office to
adopt either of the procedure prevalent as per rules.
5. The Ld. counsel for the defendant no. 2 submitted that
the Court commissioner has consented the date as
24.11.2019 for commission. So the Ld. counsel for the
defendant no. 2 to take steps accordingly and to inform
all the concerned after completing the formalities.
6. The concerned to act upon the authenticated copy of
this order and to issue the writ of commission.
7. Notice of Motion is disposed of accordingly.
8. Notice of Motion be registered for statistical purpose.
________________________________________________
Adjourned for report of Court Commissioner to
9.12.2019.
Judge
08/11/2019
SU-5333/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mukharjee for applicant in chamber summons
present.
None present for plaintiff and defendant.
Court time is over. Therefore adjourned for order on
chamber summons to 16.11.2019.
Judge
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