Final Order 1

Order Details: Other
Pdf Text: Noting : 10/10/2019 1 C. R. No. 01
10/10/2019
SU-7530/06
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Defendant no. 1(a) and 1(f) present. They submitted
that their advocate is not available and seeks time. Even
otherwise the plaintiff has not engaged other advocate.
Adjourned for cross examination of PW-1 to 28.11.2019.
Judge
10/10/2019
SU-6575/06
Exh. 48
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiffs.
Adv. Chaitali Jadhav for defendants present.
Witness Shri S. K. Sawant is present.
Application filed by witness Shri S. K. Sawant.
Witness submitted that he is retired from service in the
year 2013 and he has applied for getting concern record
from TILR office but he has not received the said record
and in absence of record he is unable to give the
evidence. He seeks time. Time is granted.
Adjourned for recording evidence to 26.11.2019.
Judge
10/10/2019
SU-1628/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rawat for plaintiff present.
Adv. Ravi Irle for defendant present.
The Ld. Advocate for the plaintiff seeks adjournment. She
submitted that plaintiff is not available due to illness.
Last chance is granted.
Adjourned for evidence to 12.12.2019.
Judge
10/10/2019
SU-1763/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for issues to 7.12.2019.
Judge
10/10/2019
SU-961/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Adjourned for issues to 7.12.2019.
Judge
-- 1 of 18 --
Noting : 10/10/2019 2 C. R. No. 01
10/10/2019
SU-2686/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
None present for defendant.
The defendant has not filed the written statement within
30 days and thereafter. Suit to proceed without written
statement of defendant.
Adjourned for exparte evidence to 9.12.2019.
Judge
10/10/2019
SU-480/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Merchant for plaintiff present.
Adv. Aditya Mehta with Adv. Aditi Thakur for defendant
present.
The Ld. Advocate for the plaintiff and defendant
submitted that the settlement talks are going on and
there is likelihood of amicable settlement.
Adjourned for settlement to 10.12.2019.
Judge
10/10/2019
SU-1636/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Dinesh Shinde for defendant present.
Adjourned for dismissal of suit to 12.12.2019.
Judge
10/10/2019
SU-4594/12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None present for defendants.
Plaintiff seeks time as his advocate is not available.
Adjourned for evidence of plaintiff to 5.12.2019.
Judge
10/10/2019
SU-103/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pai for plaintiff present.
Adv. J. Washid for defendant nos. 1(a) to 1(d) present.
The Ld. Advocate for the plaintiff seeks time.
Adjourned for evidence of plaintiff to 6.12.2019 as a last
chance.
Judge
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-- 2 of 18 --
Noting : 10/10/2019 3 C. R. No. 01
10/10/2019
SU-954/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Lad for plaintiff present.
Adv. Mirashi for def. no. 1 present.
The Ld. Advocate for the plaintiff seeks time to adduce
evidence. Already last chance was granted to the plaintiff.
in the interest of justice very last chance is granted.
Adjourned for evidence of plaintiff to 10.12.2019.
Judge
10/10/2019
SU-1777/18
Exh. 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shailesh Rai for plaintiff present.
Application filed by the plaintiff for issue of witness
summons.
O-Read application. Heard. The Ld. Advocate for the
plaintiff submitted that the Bailiff Report speaks that the
defendant no. 1 is not available at his last known address
and his wife refused to accept the service. Therefore he
need to serve defendant no. 1 by pasting the summons at
his last known address. Issue fresh writ of summons for
pasting it at the last known address of defendant no. 1.
Adjourned for affidavit of service of writ of summons to
16.12.2019.
Judge
10/10/2019
SU-2501/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Modi for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff seeks time for
adducing evidence as the plaintiff is suffering from brain
hemorrhage. Already last chance was granted to the
plaintiff for adducing evidence. Very last chance is
granted.
Adjourned for evidence of plaintiff to 11.12.2019.
Judge
-- 3 of 18 --
Noting : 10/10/2019 4 C. R. No. 01
10/10/2019
SU-6575/06
Exh. 49
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
LO
Application filed by the defendants.
Order on Exh. 49
Read application. Heard. By this application the
defendant no. 2 is pressing for directions to the
Superintendent of Land Record to supply the
whereabouts of Shri K. G. Pawar so as to enable him to
serve summons to him.
The court cannot be used as a platform to get the address
of the witness. Hence the request of the defendant no. 2
in that regard is turned down. The other prayer is for
directing the Superintendent of Land Record to provide
original file pertaining to report dated 20.2.2004. The
witness S. K. Sawant was present. He submitted a copy of
application made by him to the concerned department for
providing the record. He had submitted before the court
that department has not declined him to supply the
record. Therefore at this juncture the prayer in this
regard is not maintainable. Application Exh. 49 is
rejected.
____________________________________________
Adjourned for recording evidence to 26.11.2019.
Judge
10/10/2019
Counter claim
no. 15/12 in
SU-3142/09
Exh. 7
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kanchan Gupta for plaintiff present.
Adv. Shilpa Kapil for defendant no. 1 present.
On perusal of the record it appears that there is reply to
the counter claim. Actually there should be written
statement to the counter claim, but mere nomenclature
would not make any difference which appears to be a
written statement to the counter claim. Hence matter is
adjourned for framing of issues.
It appears that there is an application filed by the
defendant to the counter claim. The application is of
March 2019. The application is marked as Exh. 7.
Plaintiff to counter claim to file reply.
Application of defendant.
Adjourned for reply on Exh. 7 and issues to 12.12.2019.
Judge
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-- 4 of 18 --
Noting : 10/10/2019 5 C. R. No. 01
10/10/2019
SU-2228/14
Exh. 4
Exh 5
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Akshay Mehta for plaintiff
Adv. Waghmare for defendants present.
Vakalatnama filed on behalf of plaintiff. O-Seen and
filed.
Application filed by the plaintiff for removing the matter
from the caption of dismissal.
In the interest of justice matter matter is removed from
the caption of dismissal.
Adjourned for issues to 7.12.2019.
Judge
10/10/2019
SU-5/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. B. K. Rai for plaintiff present.
The Ld. Advocate for the plaintiff submitted that the
report from Sheriff office is awaited and seeks time for
filing affidavit of service.
Adjourned for affidavit of service to 17.12.2019.
Judge
10/10/2019
SU-4794/07
Exh. 22
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murtuza for plaintiff present.
Adv. Lakdawala for for defendant nos. 9 and 11 present.
PW-1 present.
Adjournment application filed on behalf of defendant
nos. 9 and 11.
Order below Exh. 22
O-Read application and say. The Ld. Counsel for the
defendants submitted that the Transfer Application is
pending for order before Hon'ble Principal Judge.
The plaintiff objected the application for adjournment on
the count that the suit is old. No stay is granted by
Hon'ble Principal Judge to present proceeding.
The matter is old. As such there is no stay to the
proceeding. As the Transfer Application is pending for
order. Adjournment is granted subject to cost of Rs.
1000/- to be paid to the plaintiff on or before next date.
____________________________________________
Adjourned for cross examination of PW-1 to 8.11.2019.
Judge
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-- 5 of 18 --
Noting : 10/10/2019 6 C. R. No. 01
10/10/2019
SU-242/15
Exh. 15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Murudkar for plaintiff present.
Plaintiff present.
Evidence closing pursis filed by the plaintiff. O-Seen and
filed.
Adjourned for exparte hearing to 5.12.2019.
Judge
10/10/2019
SU-610/14
Exh. 6
Exh. 7
Exh. 8
Exh. 9
Exh. 10
Exh. 11 colly.
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None present for defendant.
On perusal of the record it appears that the matter is
pending since long for admissibility of the documents.
The document at sr. no. 1 is original receipt of renewal of
certificate. The document at sr. no. 2 is rent receipt.
The document at sr. no. 3 is electric bill. The document
at sr. no. 4 is original voter ID card and therefore they are
marked as exhibit. The document at sr. nos. 5 and 6 are
photocopy therefore those cannot be marked as exhibit.
The document at sr. no. 7 is also a photocopy of the letter
issued by the advocate for the defendant, therefore it is
not marked as exhibit . The document at sr. no. 8 is the
letter issued by the plaintiff and therefore it is marked as
exhibit. The documents at sr. no. 9 are original postal
receipt and acknowledgment hence those are marked as
exhibit.
Receipt of renewal of certificate dated 4.11.1992.
Rent receipt dated 9.7.1992.
Electricity bill dated 25.11.1995.
Identity card dated 20.11.1994.
Letter of advocate issued by plaintiff dated 18.4.2013.
Postal receipt and acknowledgment of receipt of the
notice dated 18.4.2013.
Adjourned for cross examination of PW-1 to 13.12.2019.
Judge
-- 6 of 18 --
Noting : 10/10/2019 7 C. R. No. 01
10/10/2019
SU-7545/06
Exh. 14
Exh. 15
Exh. 16
Exh. 17
Exh. 18
Exh. 19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Karandikar for plaintiff present.
Adv. Rajesh Patil for defendant nos. 2 to 8 present.
Adv. Mohnish Ghadge for defendant no. 1 present.
Heard Ld. counsel for the plaintiff and defendant nos. 1
to 9 on admissibility of the documents.
The document at sr. no. 1 with list 6 is original agreement
which is subsequently impounded by the plaintiff to pay
the deficit stamp duty therefore it is marked as exhibit.
The document at sr. nos. 2, 3 and 4 are the documents
issued by the society. The defendants have objected for
marking those documents. The Ld. Advocate for the
plaintiff submit that the defendant 1 has admitted the
documents in reply to interim application. The document
is required to be proved by the plaintiff. Plaintiff is
neither the author of those documents nor the society
had handed over to him. Therefore at this stage the
documents cannot be marked as exhibits. The document
at sr. no. 5 is a Power of Attorney executed in favour of
the plaintiff. The document at sr. no. 6 is the affidavit of
the defendant no. 1. The plaintiffs are also signatory to
the said document. Hence the document is to be marked
as exhibit. The document at sr. no. 7 is the agreement to
which the plaintiffs are signatory. It is is also marked as
exhibit. The document at sr. no. 8 is a office copy of the
notice issued by the plaintiff through their advocates.
The document at sr. no. 9 is a letter addressed to the
advocate of the plaintiff by the advocate of def no. 2 to
8. The letter is only marked as exhibit.
Original agreement for sale dated 28.1.2005.
Original General Power of Attorney dated 28.1.2005.
Affidavit dated 28.1.2005 executed by the defendant .no.
1 In favour of the plaintiffs.
Agreement of permission to use dated 1.2.2005 executed
between the plaintiffs and the defendant no. 1.
Office copy of the said letter dated 27.2.2006.
Letter dated 19.8.2010 addressed by advocate for
defendant nos. 2 to M/s Kiran Jain and Co. to the
advocate for the plaintiffs Mr. D. Brijesh enclosing the
copies of the Annexure II and share certificate.
Adjourned for hearing on court receiver report no. 87/19
to 4.11.2019.
Judge
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-- 7 of 18 --
Noting : 10/10/2019 8 C. R. No. 01
10/10/2019
SU-1086/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Bajaj for plaintiff present.
Adv. Nipa Ghosh for defendant no. 3 present.
Adv. Komal Gosavi for defendant no. 2 present.
Affidavit of DW-2 and DW-3 are filed, but the witnesses
are not present.
Adjourned for verification and cross examination of DW-2
and DW-3 to 8.11.2019.
Judge
10/10/2019
SU-946/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. I. S. Yadav for plaintiff present.
Adv. Laxman Shah for defendant present.
By the consent of the parties matter is adjourned to
25.11.2019 for hearing on NM.
Judge
10/10/2019
SU-2631/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Chonkar for plaintiff present.
Adv. Tabassum Shaikh for defendant present.
It appears that there is element of settlement. Matter be
referred for mediation.
Adjourned for report of mediation to 11.11.2019.
Judge
10/10/2019
EA-362/10
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhushan Deshmukh for DH present.
None present for JD.
The counsel for the Decree Holder submitted that
Commissioner has handed over the vacant possession of
the deficient area. The said area is not the constructed
area. The Ld. counsel for the DH submitted that the JD is
not cooperating for the construction over the said
deficient area. DH is at liberty to take appropriate steps
as per law.
Adjourned for hearing to 28.11.2019
Judge
-- 8 of 18 --
Noting : 10/10/2019 9 C. R. No. 01
10/10/2019
EA-528/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhatia for DH present.
None present for JD.
Adjourned for hearing to 29.11.2019.
Judge
10/10/2019
SU-1079/13
Exh. 22
Exh. 23
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kumbhar for plaintiff present.
Adv. Mendhalkar for defendant no. 1 present.
Affidavit of examination in chief DW-1 Narayan G.
Mendon.
Compilation of documents filed by DW-1.
Defendant no. 1 to supply the copy of evidence affidavit
and compilation of documents to plaintiff.
Adjourned for say and hearing on admissibility of the
documents to 10.12.2019.
Judge
10/10/2019
SU-374/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Rajesh Kanojia for plaintiff present.
Defendant present.
Defendant seeks time as his advocate is not available .
Adjourned for hearing on NM to 5.12.2019.
Judge
10/10/2019
SU-1090/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dubey for plaintiff present.
None present for defendants.
Adjourned for filing affidavit of service / hearing on NM
to 6.12.2019.
Judge
10/10/2019
SU-1368/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Chirag Gandhi for defendants present.
Affidavit of service of NM reply tendered by the plaintiff.
TOR.
Plaintiff filed reply to NM tendered by the defendants
The Ld. counsel for the defendants submitted that he
wish to file rejoinder to the reply filed by the plaintiff.
Adjourned for rejoinder and hearing on NM to
14.10.2019.
Judge
-- 9 of 18 --
Noting : 10/10/2019 10 C. R. No. 01
10/10/2019
SU-1984/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. R. G. Bhat for plaintiff present.
Def. no.1 and 2 present.
Application filed by the plaintiff for removing the matter
from the caption of NM dismissal.
O- Read application. The order of dismissal of NM is
called back . Notice of Motion is kept for hearing
Adjourned hearing on NM to 3.12.2019.
Judge
10/10/2019
SU-7245/05
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Devansh Mehta for defendant no. 2 present.
Adv. Shahzad Panday with Adv. Mona Vyas for applicants
in chamber summons / proposed plaintiffs present.
Adv. Joshi h/f Adv. Pradhan for defendant nos. 5(a),
5(b), 8(a) and 8(b) present and seeks time on the count
that the counsel Mr. Pradhan is not available due to
personal difficulty.
Adjourned for argument on NM and CS to 7.11.2019.
Judge
10/10/2019
EA-272/14
(Disp. of)
NM hearing
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jagannathan for applicant present.
None present for respondent.
It appears that the applicant has not filed affidavit of
service in respect of service to the respondent in NM.
Applicant to file affidavit of service.
Adjourned for compliance to 3.12.2019.
Judge
-- 10 of 18 --
Noting : 10/10/2019 11 C. R. No. 01
10/10/2019
St. No.
5276/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Jain for plaintiff present.
The plaintiff filed application for withdrawal of the suit.
He prays for withdrawal of the suit. On inquiry with the
plaintiff, he submitted that he wish to withdraw the suit
unconditionally. Hence it is expedient to pass following
order.
ORDER
1. Suit is disposed of as withdrawn.
2. Court fees be refunded as per rules.
3. Suit be registered for statistical purposes.
Judge
10/10/2019
SU-2495/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shaikh for plaintiff present.
Adv. Anil Mishra for defendant no. 2 present.
Adv. Pradeep Jain for defendant nos. 3 and 4 present.
Plaintiff has not filed the service affidavit in respect of
defendant no. 1. Plaintiff to file affidavit of service in
respect of defendant no. 1.
Adjourned for affidavit of service in respect of defendant
no. 1 to 9.12.2019.
Judge
10/10/2019
Commercial
Suit No. 89/19
Exh. 2
Exh. 3
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Matter is pertaining to C. R. no. 4.
Adv. Sandhya Singh for defendant nos. 1 and 3 present.
Vakalatnama filed on behalf of defendant nos. 1 and 3..
The Ld. counsel for the defendant nos. 1 and 3 submitted
that the time limit of 30 days for filing written statement
expired on 09.10.2019. As per the contention of the
defendant Nos. 1 and 3, the written statement is filed on
31st day. In the interest of justice it is taken on record.
Written statement of defendant nos. 1 and 3.
Matter is already adjourned to 16.11.2019.
Judge
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-- 11 of 18 --
Noting : 10/10/2019 12 C. R. No. 01
10/10/2019
SU-2326/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Muhammed Iftikhar Ali for plaintiff present.
Adv. M. A. Shah for defendant present.
Court is by in hearing time bound notice of motion in
4321/13.
Adjourned for hearing on NM to 28.11.2019.
Judge
10/10/2019
SU-1665/13
Exh. 5
Exh. 5A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
Adv. Supre for defendant no. 2 present.
The Ld. counsel for the def. no. 2 submitted that he has
challenged the order in Chamber summons 920/14 in
Writ Petition No. 13352/17 and the Hon'ble High Court
was pleased to reject the petition. Hence, he is filing the
additional written statement to the amendment carried
out the by the plaintiff. Amended written statement is
taken on record and marked as exhibit
The Ld. counsel for the defendant no. 2 submitted that
his chamber summons no. 2081/14 was rejected and
therefore he had challenged the said order in Writ
Petition No. 13664/17. The said writ petition came to
be rejected by the Hon'ble High Court and the Hon' the
HC has granted liberty to defendant No. 2 to file reply to
NM 2084/17. In view of the liberty granted by the
Hon'ble High Court, the reply to NM 2084/17 by
defendant no. 2 is taken on record. The written statement
was already filed on the record but it was not marked as
exhibit. Therefore it is marked as exhibit.
Written statement of defendant no. 2.
Additional written statement of defendant no. 2.
Adjourned for hearing on NM to 29.11.2019.
Judge
10/10/2019
SU-4335/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Letter received from the Hon'ble High court bearing no.
S.C. (Civil) No. S-254/2018/4145/2019 dated 26.9.2019
along with true copy of Supreme Court's Record of
proceeding.
O-Seen.
Judge
-- 12 of 18 --
Noting : 10/10/2019 13 C. R. No. 01
10/10/2019
SU-301/98
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Letter received from the Hon'ble High Court vide D. D.
No. 00716924 of 2019 dated 3.10.2019. along with true
copy of the order and marked 'x' enclosed.
O-Seen.
Judge
10/10/2019
SU-7808/85
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Representative of plaintiff present.
Adv. Priti Shah for plaintiff present.
Adv. Shoaib Memon for defendant no. 4a present.
Heard further argument of defendant no. 4(a). He
concluded his argument.
Adjourned for argument of defendant no. 2 to
16.10.2019.
Judge
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-- 13 of 18 --
Noting : 10/10/2019 14 C. R. No. 01
10/10/2019
SU-8248/02
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Aarati Nimbalkar for defendant present.
Court is busy in hearing in time bound 4321/13 and the
steno was not available in second half.
Adjourned for judgment to 14.10.2019.
Judge
10/10/2019
SU-1665/13
Exh. 5
Exh. 5A
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sana Khan for plaintiff present.
Adv. Supre for defendant no. 2 present.
The Ld. counsel for the def. no. 2 submitted that he has
challenged the order in Chamber summons 920/14 in
Writ Petition No. 13352/17 and the Hon'ble High Court
was pleased to reject the petition. Hence, he is filing the
additional written statement to the amendment carried
out the by the plaintiff. Amended written statement is
taken on record and marked as exhibit
The Ld. counsel for the defendant no. 2 submitted that
his chamber summons no. 2081/14 was rejected and
therefore he had challenged the said order in Writ
Petition No. 13664/17. The said writ petition came to
be rejected by the Hon'ble High Court and the Hon' the
HC has granted liberty to defendant No. 2 to file reply to
NM 2084/17. In view of the liberty granted by the
Hon'ble High Court, the reply to NM 2084/17 by
defendant no. 2 is taken on record. The written statement
was already filed on the record but it was not marked as
exhibit. Therefore it is marked as exhibit.
Written statement of defendant no. 2.
Additional written statement of defendant no. 2.
Adjourned for hearing on NM to 29.11.2019.
Judge
10/10/2019
SU-975/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present.
Court is busy in hearing time bound notice of motion in
SU-4321/13
Adjourned for order on NM to 18.10.2019.
Judge
-- 14 of 18 --
Noting : 10/10/2019 15 C. R. No. 01
10/10/2019
SU-7753/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Kumar T. Kukreja for defendant no. 3 present.
Court is busy in hearing time bound notice of motion in
SU-4321/13.
Adjourned for order on consent terms to 14.10.2019.
Judge
10/10/2019
SU-7702/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Kumar T. Kukreja for defendant no. 3 present.
Court is busy in hearing time bound notice of motion in
SU-4321/13.
Adjourned for order on consent terms to 14.10.2019.
Judge
10/10/2019
SU-7707/97
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff.
Adv. Kumar T. Kukreja for defendant no. 3 present.
Court is busy in hearing time bound notice of motion in
SU-4321/13.
Adjourned for order on consent terms to 14.10.2019.
Judge
10/10/2019
SU-4321/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dubhash with Adv. Sequira for plaintiff present.
Adv. Sneha Vani for defendant no. 1 present.
Adv. Joshi for defendant no. 2 present.
Heard argument of Ld. Advocate for defendant no. 2 on
NM no. 1182/19 partly.
Adjourned for further argument on NM no. 1182/19 to
15.10.2019 at 4.00 pm.
Judge
-- 15 of 18 --
Noting : 10/10/2019 16 C. R. No. 01
10/10/2019
St. No.
997/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precepie.
Adv. Dalal for plaintiff present.
The Ld. counsel for the plaintiff tendered draft NM along
with affidavit. He press for ad-interim relief. Heard. The
Ld. counsel for the plaintiff submitted that the defendant
is the brother of plaintiff residing in United States of
America. The plaintiff has served him by email. To
substantiate the same she has filed affidavit of service
along with copy of the email. The Ld. counsel for the
plaintiff submitted that the notice was given to the
defendant that matter would be taken at court room no.
3, but the matter was assigned to this court. He would
submit that on inquiry at C. R. no. 3 by the staff of the
concerned advocate, it revealed that the defendant has
not turned to the court room no. 3. Even the plaintiff
was present at the court room no. 3 and she has not
noticed defendant coming at the court room no. 3.
The Ld. counsel for the plaintiff submitted that the
plaintiff is the owner of the suit flat. He has pointed out
the registered Gift Deed dated 26.04.2017 executed by
the father in her favour. He further pointed out that the
name of the plaintiff has been mutated in the record of
the Society and accordingly her name is incorporated in
the Share Certificate. Plaintiff also pointed out various
text messages of the defendant threatening the plaintiff
to dispossess from the suit flat. The plaintiff has filed
additional affidavit and submitted that the defendant has
been to the suit premises today at 12.30 pm and was at
the suit premises for about one hour. He threatened her.
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He would submit that the plaintiff apprehend her
dispossession at the hands of defendant. The defendant
has deputed two servants and the plaintiff apprehends
her dispossession at the hands of defendant along with
his servants.
I had considered the submission made by Ld. Counsel for
the plaintiff. Even I had gone through the pleading,
affidavit and documents place on record. At this juncture
prima facie it appears that the plaintiff is the owner of
the suit premises by virtue of the registered Gift dated
26.04.2017 and her name is incorporated in the record of
the concerned Society. The recent text messages,
annexed, prima facie shows that the defendant
threatened the plaintiff. Even plaintiff submitted on oath
that the defendant had been to the suit premises today at
12.30 pm and threatened her. The plaintiff is prima facie
owner and is in possession of the suit premises. The
documents in the form of text messages and the
submission of the plaintiff on affidavit that the defendant
had been to the suit premises and threatened her shows
reasonable apprehension to the plaintiff as regard her
dispossession. In this background the plaintiff has made
out prima facie case for grant of ad-interim injunction.
The plaintiff, prima facie being the owner of the suit
premises, if dispossessed, would suffer irreparable loss
and therefore it is expedient to pass following order.
ORDER
1. Ex-parte ad-interim temporary injunction is granted in
favour of plaintiff restraining the defendant himself or
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through his servants, agents or any person acting on his
behalf from interfering with the possession of the plaintiff
over the suit premises in any manner whatsoever and
further from entering the suit flat i.e. flat no. 33, 3rd floor
Basant building, Cuffe Parade.
2. Plaintiff to comply the provision under Order 39 Rule
3 of the CPC.
2. Leave is granted to register the draft Notice of Motion.
4. Notice of Motion is returnable on 14.10.2019.
5. Authenticated copy of the order be provided to the
counsel for the plaintiff.
________________________________________________
Adjourned for affidavit of service and reply on NM to
14.10.2019.
Judge
Completed.
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