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 --
