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Court Order

Final Order 1

CNR MHCC01012500201929 Oct 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 29 Oct 2020 · CNR MHCC010125002019

Order Details: Other
Pdf Text: Noting : 29.10.2020 1 C. R. No. 01
29/10/2020
SU- 1402/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff and adv absent
Adv.Rahul Motkari for defendants present.
Adv. for defendants tenders notice of motion 1535 of
2020. Adv. for defendants tenders service affidavit.
The matter is adjd for reply on notice of motion no.1535
of 2020 to 03.12.2020.
Later on:
Adv.Sachin Thorat for the plaintiff present and seeks time
to file reply. The matter is already adjd to 03/12/2020.
Judge
29/10/2020
SU-6395/03
Ex.34
Ex.35
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Preceipe tendered by plaintiff
Adv. Rajesh Poojari for plaintiff present.
Adv. R.B.Desai for defendant no.2 present
Adv. Narayanan for deft. nos.6 to 12 (a)present.
Defendant no.6 tenders power of attorney of defendant
no.1.
Vak. On behalf of defendant no.2 filed by adv.
Adv.Sharmugam for defendant no.3(a) present
Defendant no.5-Praful Khandar present and also tenders
power of attorney of defendant no.4, his brother.
On behalf of plaintiff, plaintiff no.1(c) present. He
tenders special power of attorney of plaintiff nos.1(a) and
1(b).
Rajesh Shah-Secretary of deft no.2-society present.
Defendant no.3(a) present. Defendant nos.6 and 7
present.
Consent terms filed by plaintiff and defendants.
ORDER BELOW EX.1 AND EX.35
Plaintiff no.1(c) alongwith his advocate present.
Secretary of defendant no.2 present, defendant no.5 and
also attorney of defendant no.4 present. Defendant no.6
and 7 present. On inquiry with these parties present
before this Court, they admitted the contents of the
consent terms. The defendant nos.8 to 12(a) are also
represented by adv. Narayanan who stated before the
Court that other defendants i.e. deft no.8 to 12(a) signed
the consent terms in his presence and agreed to the terms
of the consent terms. He would submit that due to the
present situation, they were unable to attend the Court.
On behalf of defendant no.1, his power of attorney,
-- 1 of 6 --
Noting : 29.10.2020 2 C. R. No. 01
..cont..
defendant no.6 has put his signature.
The parties have amicably settled the matter in terms of
the consent terms (Ex.35). Hence, it is expedient to pass
following order:-
ORDER
1.Suit is disposed off in terms of consent terms (Ex.35)
2.Parties to bear their own costs.
3.Court fees be refunded as per rules.
4.Consent terms (Ex.35) be part of the decree.
5.The original documents be returned as per the rules.
Judge
29/10/2020
SU- 6397/03
Ex.26
Ex.27
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Preceipe tendered by plaintiff
Plaintiff no.1 and also being attorney of plaintiff no.2
present alongwith adv and tenders copy of power of
attorney.
Defendant no.1 through his power of attorney defendant
no.6 is present and tenders power of attorney
Secretary-Rajesh Shah of defendant no.2 society
alongwith their advocate Desai present
Defendant no.5(a) present alongwith his advocate adv.
Sharmugum.
Defendant no.6 and 7 alongwith their adv. Shri
Narayanan present
Vak. Filed on behalf of deft no.2 filed by adv. Desai
Consent terms tendered by the parties.
ORDER BELOW EX.1 AND EX.27
On inquiry with the parties present they confirmed and
admit the terms of the consent terms. The Ld. Counsel for
plaintiff submitted that plaintiff no.1 is power of attorney
of plaintiff no.2 and plaintiff no.2 has also consented to
these consent terms. Ld. Counsel for defendant nos.6 to
12(a) submitted that he is representing deft nos.6 to
12(a). Defendant nos.8 to 12(a) put their signatures in
his present and consented for the present consent terms.
He submitted that they are unable to attend the Court due
to present situation. The suit against defendant nos.3 and
4 was abated and the ch/s for bringing their legal heirs on
record was rejected. The legal heirs of defendant nos.3
and 4 who are plaintiff in other suit i.e. 6395 of 2003
have put their signatures as defendant nos.3(a) to 3(c) in
this matter.
-- 2 of 6 --
Noting : 29.10.2020 3 C. R. No. 01
..cont..
Mr.Nishant Laxmikant Thakkar is present. He tenders
power of attorney of Kusum Laxmikant Thakkar and
Hemant Laxmikant Thakkar.He agrees the terms of the
consent terms.
The parties have amicably settled the matter in terms of
the consent terms (Ex.27). Hence, it is expedient to pass
following order:-
ORDER
1.Suit is disposed off in terms of consent terms (Ex.27)
2.Parties to bear their own costs.
3.Court fees be refunded as per rules.
4.Consent terms (Ex.27) be part of the decree.
5.The original documents be returned as per the rules.
6.Pending N/M 4554 of 2019 is infructuous and therefore
disposed off.
Judge
29/10/2020
SU-4594/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 2609/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 133/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 8170/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 21/12/2020.
Judge
29/10/2020
SU-4372/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
-- 3 of 6 --
Noting : 29.10.2020 4 C. R. No. 01
29/10/2020
SU- 7530/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 21/12/2021.
Judge
29/10/2020
SU- 7087/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 22/12/2020.
Judge
29/10/2020
SU-3942/07
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 558/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU-4403/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 2301/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 3058/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 1210/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 4 of 6 --
Noting : 29.10.2020 5 C. R. No. 01
SU-261/16 Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU- 1458/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Both the parties and their adv. absent. Due to COVID 19,
the matter is adjd to 11/01/2021.
Judge
29/10/2020
SU-87/2010
Disposed off
suit
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Preceipe tendered by adv. Lad for original defendant no.2.
He files draft notice of motion alongwith supporting
affidavit. Leave is granted to register the same.
Ld. Counsel for defendant no.2 prays for grant of stay to
the execution. On perusal of the record it appears, that
the decree is a consent decree and of the year 2010. The
decree appears to have been executed and therefore, at
this juncture, it would not be proper to grant stay as
sought.
The matter is adjd to 03/12/2020 for notice of motion.
Judge
29/10/2020
SU-1928/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Gogari for plaintiff present.
Adv. Shah for deft. present.
Order partly dictated.
As the Court is busy in other matters, this matter is adjd
to 03/11/2020.
Judge
29/10/2020
SU- 9797/82
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Parties and adv absent
As the Court is busy in other matters, this matter is adjd
to 09/11/2020.
Judge
29/10/2020 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
-- 5 of 6 --
Noting : 29.10.2020 6 C. R. No. 01
ST.9332/19 Parties and adv absent.
As the Court is busy in other matters, this matter is adjd
to 03/12/2020.
Judge
29/10/2020
ST-9333/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Parties and advs absent
As the Court is busy in other matters, this matter is adjd
to 03/12/2020.
Judge
29/10/2020
ST.4355/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kharat for plaintiff present.
As the Court is busy in other matters, this matter is adjd
to 26/11/2020.
Judge
29/10/2020
ST-4101/20
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Ld Adv. Giriraj for plaintiff present.
Ld. adv. Punde for defendant no.1 present
Ld. adv.Omkar Warange for defendant nos. 2 to 11
present
Parties are contemplating for settlement. The matter is
adjd to settlement/hearing to 02/11/2020.
Judge
Completed.
-- 6 of 6 --

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