Final Order 1

Order Details: Notice of Motion
Pdf Text: .1. NM No. 4359/2019 in
CNR NO. MHCC010119812019 L.C. Suit No.931/2012.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4359 OF 2019.
IN
L.C. SUIT NO. 931 OF 2012.
Arbunissa Akbar Hasan Khan and the Others. ... … PLAINTIFFS.
V/s.
MCGM and the Others. ...………........................ ... DEFENDANTS.
CORAM : Shri. A.G. Santani.
(Court Room No.11).
DATED : 16th March, 2022.
APPEARANCES :
Mr. Prathamesh Seth, Ld. Advocate for the Plaintiffs.
Mr. Sunil Khandagale, Ld. Advocate for Defendant Nos.1 and 2.
*****
01. The present plaintiffs have taken out this Notice of Motion
for setting aside Order dtd. 19.09.2019, dismissing Chamber Summons
No. 750/2017 and for its restoration on the record. Perused this Motion,
accompanying affidavit and the record. Heard the learned advocates for
the plaintiffs and defendant Nos. 1 and 2. Defendant No. 3 is absent for
contesting this Motion.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the Order dated 19.09.2019,
dismissing Chamber Summons
No. 750/2017, needs to be set-aside? ... Yes.
(ii). What Order ?..............…...................... … As per final Order.
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.2. NM No. 4359/2019 in
CNR NO. MHCC010119812019 L.C. Suit No.931/2012.
REASONS FOR FINDINGS
AS TO POINT NO. 1:
03. By filing this notice of motion, the plaintiffs' only anxiety is
to set-aside the Order dtd. 19.09.2019, whereby the Chamber Summons
No. 750/2017 stood dismissed for want of prosecution on their behalf.
Before proceeding further with this Motion, here, it is pertinent to note
that the said Chamber Summons was taken out for 'amendment' in the
plaint. Therein, the plaintiffs presented themselves as 'tenants' of Shop
Nos. 4 and 5. Further, they contended that the structures were merged
into one structure of about 20' X 70'. The same is described in 'the Bill
of Assessment' issued by the MCGM. Moreover, they are in possession of
the inspection extract, where structure of Shop No. 5 was so described.
True it is that as the plaintiffs were absent, the said Chamber Summons
came to be dismissed. However, the fact remained that even thereafter,
there could be no substantial progress in the suit and it is still pending
at pre-trial stage. Needless to say that in view of the plaintiffs, the said
amendment were necessary for deciding the controversy. Being so, I am
opinion that they should be given one more opportunity to proceed with
the said Chamber Summons, certainly with some directions. That apart,
while doing so, the principles of natural justice do require imposition of
adequate costs upon them to have further delayed this old suit. Hence, I
answered point No. 1 in the affirmative and in answer to point No. 2, I
pass the following Order :
-: O R D E R :-
(i). Notice of Motion No. 4359 of 2019 is made absolute
in terms of prayer clause (a) only. Consequently, the
Order dated 19.09.2019, dismissing the Chamber
Summons No. 750/2017 is set-aside, subject to
payment of costs of Rs.3,000/- in favour of
the DLSA, Mumbai, till the next date.
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.3. NM No. 4359/2019 in
CNR NO. MHCC010119812019 L.C. Suit No.931/2012.
(ii). The plaintiffs are called upon to expedite the matter.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 16.03.2022. City Civil Court, Mumbai.
Dictated on : 16.03.2022.
Transcribed on : 16.03.2022.
Signed on : 16.03.2022.
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.4. NM No. 4359/2019 in
CNR NO. MHCC010119812019 L.C. Suit No.931/2012.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 19.03.2022at 2.30 p.m. Mr. R.A.Dalvi- Typist
UPLOADED DATE AND TIME
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
16.03.2022.
Judgment /Order signed by P.O. on 16.03.2022.
Judgment/Order uploaded on 16.03.2022.
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