Final Order 1

Order Details: Other
Pdf Text: Noting : 12.12.2019 1 C. R. No. 01
12/12/2019
SU- 9173/92
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pawar for plaintiff present.
None for deft.
Ld. counsel for plaintiff submitted that the deft. was
unwell and could not attend the scheduled meeting for
settlement talks. Hence, seeks adjournment. Matter is
adjourned as a last chance.
The matter is adjd for settlement/argument to
23.01.2020.
Judge
12/12/2019
SU- 8249/84
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Vasudeo for plaintiff present.
Adv. Mr. Marjadi for deft. nos.7, 9 to 18 present.
Ld. counsel for the plaintiff submitted that the witness is
unwell. Hence, the matter is adjourned.
The matter is adjd for evidence to 13.01.2020 at
02.45 pm.
Judge
12/12/2019
SU- 4660/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Chothani along with Ms. Nikita for plaintiff
present.
Adv. Mr. Hira for deft. nos.3 and 4 present.
Adv. Mr. Abhishek Khare for deft. no.5 present.
Adv. Ms. Shweta Satardekar for deft. no.6 present.
As court is busy in other matters, the matter is adjd for
evidence to 17.02.2020.
Judge
12/12/2019
SU- 682/12
Exh.54
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Pankaj Shah for plaintiff present.
Adv. Mr. Saurabh Patil for deft. no.1 present.
Adv. Khanolkar for deft. no.2 present.
Adv. for deft. no.1 filed notice under order 12 rule 8 of
C.P.C.
O. - Call say of defendant no.2.
The matter is adjd for say on Exh.54 and evidence to
21.01.2020.
Judge
-- 1 of 13 --
Noting : 12.12.2019 2 C. R. No. 01
12/12/2019
SU- 414/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff no.3 present. She submits that her advocate is
unwell and seeks adjournment. Granted as a last chance.
The matter is adjd for arguments to 24.01.2020.
Judge
12/12/2019
SU- 1401/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Vishal Tiwari for deft. nos.1 and 7 present.
Adv. Chandni Tewani for deft. no.6 present.
None present for plaintiff. Last chance was granted to the
plaintiff to adduce the evidence but the plaintiff failed to
adduce the evidence. Hence, put the case for dismissal.
The matter is adjd for dismissal to 11.02.2020.
Judge
12/12/2019
SU- 873/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Redekar for plaintiff present.
Deft./ex-parte.
Ld. counsel for plaintiff submitted that he will examine
further witness and will take steps to summon the
witness.
The matter is adjd for further evidence/steps to
29.01.2020.
Judge
12/12/2019
SU- 1628/13
Exh. 26
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Snehal Modi for plaintiff present.
Adv. Hirle for deft. present.
Adv. for plaintiff filed application for adjournment.
O. - Call say of defendant.
Adv. for deft. filed say.
O. - Read application and say. Already last chance was
granted to the plaintiff. The marriage card is attached
which shows the wedding functions are over. Hence,
there is no cogent ground for adjournment. Hence,
application is rejected.
The matter is adjd for further order to 06.02.2020.
Judge
-- 2 of 13 --
Noting : 12.12.2019 3 C. R. No. 01
12/12/2019
SU- 1498/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff. Already last chance was
granted to the plaintiff. Hence, put the case for dismissal.
The matter is adjd for dismissal to 20.02.2020.
Judge
12/12/2019
SU- 4242/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Dhumal for plaintiff present.
Plaintiff no.1 present.
None for deft.
Counsel for the plaintiff seeks time to adduce evidence.
Granted.
The matter is adjd for evidence to 17.02.2020.
L.O.
Adv. Mr. Tripathi for deft. no.1 present.
The matter is already adjd for evidence to 17.02.2020.
Judge
12/12/2019
SU- 882/13
Exh.12
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
None for deft.
Letter of Collector of Stamps dated 29.11.2019. T.O.R.
From the letter dated 29.11.2019 of the Collector of
Stamps, it reveals that the said authority has requested for
sending original document i.e. agreement for sale dated
16.09.2010 for its certification as the plaintiff had
deposited the deficit stamp duty. Therefore, the original
document of agreement for sale which is in safe custody
of Registrar, City Civil Court, is directed to be forwarded
to the Collector of Stamps in sealed envelope for getting it
certified. Registrar to act upon the authenticated copy of
this order.
The matter is adjd for receipt of original document after
certification to 18.02.2020.
Judge
-- 3 of 13 --
Noting : 12.12.2019 4 C. R. No. 01
12/12/2019
Counter claim
15/12 in SU
2142/09
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Kanchan Gupta for plaintiff in counter claim present.
Adv. Sarode for deft. no.1 in the counter claim present.
(Exh.7-A) Reply filed by original deft. nos.1 and 2
(plaintiff in counter claim) to application (Exh.7). T.O.R.
Copy is supplied to the counsel for deft. no.1.
The matter is adjd for hearing on Exh.7 to 27.01.2020.
Judge
-- 4 of 13 --
Noting : 12.12.2019 5 C. R. No. 01
12/12/2019
SU- 3684/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Shah for deft. nos.1 to 4 present.
The matter is adjd for evidence to 29.01.2020.
L.O.
Adv. Mr. Brijesh for plaintiff present.
The matter is already adjd for evidence to 29.01.2020.
Judge
12/12/2019
SU- 3706/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
Adv. Ms. Shah for deft. nos.1 to 4 present.
The matter is adjd for evidence to 29.01.2020.
L.O.
Adv. Mr. Brijesh for plaintiff present.
The matter is already adjd for evidence to 29.01.2020.
Judge
12/12/2019
SU- 3707/08
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff present.
Adv. Ms. Shah for deft. nos.1 to 4 present.
Further cross examination of PW-1 is resumed by Adv. Ms.
Shah and completed.
The matter is adjd for evidence to 29.01.2020.
L.O.
Adv. Mr. Brijesh for plaintiff present.
The matter is already adjd for evidence to 29.01.2020.
Judge
12/12/2019
SU- 1636/14
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present for plaintiff..
N/M no.2291/14 is pending since long. Hence, dismissed
for want of prosecution.
There is no written statement of defendant, therefore the
matter is adjd for evidence of plaintiff to 21.02.2020.
Judge
-- 5 of 13 --
Noting : 12.12.2019 6 C. R. No. 01
12/12/2019
SU- 2926/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None for plaintiff.
The matter is adjd for dismissal of suit and N/M to
24.02.2020.
Judge
12/12/2019
COMM
SU- 99/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
None present on behalf of plaintiff.
Last chance was granted to plaintiff to file affidavit of
service. Put case for dismissal for not taking steps to
serve the defendant and also put the N/M for dismissal.
The matter is adjd for dismissal to 14.01.2020.
Judge
12/12/2019
SU- 2044/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
By precipe.
Adv. Shrivastav for plaintiff present.
None for deft.
Plaintiff tendered draft Ch/sum.
Leave is granted to register it.
The matter is already adjd to 18.03.2020.
Judge
12/12/2019
SU- 2110/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Jay Shah for plaintiff present.
Adv. Shanay Shah for deft. nos.1 to 4 present.
Ld. counsel for deft. nos.1 to 4 submitted that deft. no.4
had expired on 29.10.2018 and he wishes to take steps in
N/M filed by her. He further submitted that the plaintiff
was informed about the same by letter dated 24.11.2018.
Ld. Counsel for plaintiff acknowledges the said fact of
receipt of information about the death of deft. no.4. The
counsel for defendants submitted that deft. nos.1 to 3 are
only legal heirs of deft. no.4. As the plaintiff has not
taken steps, the suit against deft. no.4 is abated.
The matter is adjd for steps/N/M hearing to 18.02.2020.
Judge
-- 6 of 13 --
Noting : 12.12.2019 7 C. R. No. 01
12/12/2019
SU- 1437/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ramchandra Mishra for plaintiff present.
Adv. Karan Singh for deft. present.
Draft N/M tendered by plaintiff.
Leave is granted to register it.
Plaintiff files reply to N/M no.4148/18. T.O.R.
The matter is adjd for hearing on N/M to 18.02.2020.
Judge
12/12/2019
SU- 946/17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Shaikh for plaintiff present.
None present for deft.
Deft. has not filed registered N/M. Granted as a last
chance.
The matter is adjd for N/M reply to 20.02.2020.
Judge
12/12/2019
SU- 2695/18
Exh.1
Exh.2
Exh.3
Exh.4
Exh.5
Exh.6
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Sachin for plaintiff present.
Adv. Sucheta Pawar for deft. present.
Deft. has complied order of this court on 11.11.2019. The
written statement of deft. be taken on record.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Vakalatnama of counsel of deft.
O. - Seen and filed.
Written statement.
O. - Read and recorded.
The matter is adjd for issues to 25.02.2020.
Judge
12/12/2019
SU- 9085/92
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ms. Nichani for plaintiff present.
Adv. Ms. Lokhandwala for deft. present.
As court is busy in hearing time bound matter, the matter
is adjd for N/M hearing to 20.01.2020.
Judge
-- 7 of 13 --
Noting : 12.12.2019 8 C. R. No. 01
12/12/2019
SU- 3153/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Pradip Kadam for plaintiff present.
Deft. no.1 present.
Heard argument of Ld. Counsel for plaintiff on N/M.
Deft. no.1 submitted that his advocate is not available.
Adjourned as a last chance for the argument of deft. no.1.
Earlier order, if any, to continue till next date.
The matter is adjd for N/M hearing to 13.02.2020.
Judge
12/12/2019
SU- 2860/18
Exh.16
Exh.17
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. K. Gardi for plaintiff present.
Adv. Sushant Yadav for deft. no.1 present.
Adv. Ragini Jeta for deft. no.6 present.
Adv. Manish K. for deft. no.12 present.
Adv. Mangesh Nalawade for deft. no.13 present.
Draft N/M tendered by deft. no.1.
Leave is granted to register it.
Ld. counsel for deft. no.6 seeks leave of the court to pay
cost after the period of 4 weeks. Leave is granted.
Counsel for plaintiff accepted the cheque for cost.
Written statement of deft. no.6 is taken on record.
O. - Read and recorded.
ORDER IN DRAFT N/M
This N/M is tendered by deft. no.1 seeking leave of this
court to file the W/S beyond the period of limitation. The
plaintiff has no objection for taking W/S on record. Ld.
Counsel for deft. no.1 submitted that deft. no.1 is a
formal party. The deft. no.1 has made out sufficient
ground for delay in filing W/S. Considering the same, it
is just and expedient to pass the following order.
ORDER
1. Draft N/M is made absolute in terms of prayer clause
(a) and (b).
2. W/S of deft. no.1 be taken on record.
3. Draft N/M is disposed off accordingly and defendant
no.1 to register the draft N/M for statistical purposes.
W/S of deft. no.1.
O. - Read and recorded.
The matter is adjd for issues to 21.02.2020.
Judge
-- 8 of 13 --
Noting : 12.12.2019 9 C. R. No. 01
12/12/2019
ST –
12869/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Soman for plaintiff present.
Adv. Shaikh for deft. present.
Adv. for deft. filed reply to N/M. T.O.R.
Copy is served to the plaintiff. Parties submitted that
settlement talks are going on. In view of the same, the
matter is adjourned.
The matter is adjd for settlement/hearing to 14.01.2020.
Judge
12/12/2019
SU- 7222/01
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Khillare for plaintiff present.
None for deft.
Adv. for plaintiff seeks time.
The matter is adjd for dismissal of N/M to 05.02.2020.
Judge
12/12/2019
SU- 3213/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Ravi for plaintiff present.
None for deft.
Plaintiff has not tendered registered Ch/sum.
The matter is adjd for Ch/sum reply to 24.02.2020.
Judge
12/12/2019
Exe. Apln.
242/13
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Bhavin Gada for DH present.
Adv. Priya Ranade for JD present.
Heard arguments on Ch/sum.
The matter is adjd for order to 13.01.2020.
Judge
12/12/2019
SU- 2109/16
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Dipak Rane for plaintiff present.
Deft. no.4 present.
Earlier order if any to continue till next date.
As court is busy in hearing time bound matter, the matter
is adjd for order to 14.01.2020.
Judge
-- 9 of 13 --
Noting : 12.12.2019 10 C. R. No. 01
12/12/2019
SU- 2456/18
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Suryavanshi for plaintiff present.
Adv. Jagtap for deft. no.1 present.
Adv. Mr. Taral for deft. no.2 and 3 present.
Adv. Mr. Sagar Rane for deft. no.4 present. He tendered
registered N/M no.4662/19. T.O.R.
Reply filed to N/M no.4662/19 by deft. no.2 and 3.
T.O.R.
ORDER ON N/M NO.4662/19.
Heard. Deft. no. 4 has taken out N/M for condonation of
delay in filing W/S and seeks leave of the court to file W/
S. The deft. no.4 in affidavit has submitted that due to
the ill-health of deft. no.4, the W/S cannot be filed within
prescribed period of limitation. Ld. Counsel for plaintiff
has no objection for the same. In view of the same, N/M
needs consideration and it is expedient to pass following
order.
ORDER
1. N/M No.4662/2019 is made absolute in terms of
prayer clause (a) and (b).
2. Deft. no.4 to tender his written statement within a
period of two weeks from today.
3. N/M No.4662/2019 is disposed off accordingly.
The matter is adjd for N/M hearing to 07.02.2020.
Judge
-- 10 of 13 --
Noting : 12.12.2019 11 C. R. No. 01
12/12/2019
SU- 9488/89
Exh.53
Exh.52-A
Exh.54
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff along with her CA present.
Adv. Mr. Rajesh Singh for deft. nos.2, 5 to 7 present.
On previous date, Adv. Mr. Barde appeared and filed one
pursis which was not marked as exhibit. He, along with
pursis, had also filed one power of attorney. The counsel
for deft. no.7 had also filed one pursis which was also not
inadvertently taken on record. Today, it is taken on
record.
Plaintiff and defendants completed their arguments on N/
M no.4734/19.
Plaintiff tendered written notes of arguments. T.O.R.
Ld. counsel for the deft. nos.2, 5 to 7 submitted that in N/
M no.3464/18, the deft. no.4 is written inadvertently and
it was a typographical error. He had filed N/M on behalf
of deft. nos.2, 5 to 7 and has filed adoption pursis of deft.
no.7, hence considering the same, the pursis of deft. no.7
is marked as Exh.52-A.
Pursis of deft. no.7. T.O.R.
The pursis filed on behalf of deft. no.1 is marked as
Exh.54 but it cannot be treated as W/S of deft. no.1 as it
has been filed after considerable period of time beyond 90
days without seeking the leave of the court. The pursis is
marked exhibit only for the identification. Hence, it
cannot be treated as the W/S of deft. no.1 adopting the
W/S of original deft. no.1.
The pursis filed on behalf of deft. no.1. T.O.R.
K.B.
L.O. at 03.45 pm.
F.R.S.R. following order is passed -
ORDER
1. N/M No.4734/19 stands rejected.
2. Cost in the cause.
3. N/M No.4734/19 is disposed off accordingly.
At the time of pronouncement of order, plaintiff and her
CA are present. The counsel for deft. nos.2, 5 to 7 are
present. The plaintiff and her CA while leaving the court,
stated that they are approaching for transfer of the matter
from the file of this court. The matter is time bound by
the Hon'ble High Court. The parties are once again
requested to co-operate the court for its disposal as per
the direction of Hon'ble High Court. Plaintiff and her CA
are informed that the matter is for the cross examination
-- 11 of 13 --
Noting : 12.12.2019 12 C. R. No. 01
Contd.... of plaintiff and her witness.
The matter is adjd for cross examination of plaintiff and
her witness to 13.12.2019.
Judge
12/12/2019
SU- 2912/15
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Singh for plaintiff present.
Adv. Mr. Bhadang for deft. no.1 present.
Adv. Ms. Chandana Salgaonkar for deft. no.2 present.
Partly heard arguments of Adv. Mr. Bhadang.
The matter is adjd for further arguments to 13.12.2019.
Judge
-- 12 of 13 --
Noting : 12.12.2019 13 C. R. No. 01
12/12/2019
SU- 1368/19
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Plaintiff in person present.
Adv. Chirag Gandhi for deft. present.
F.R.S.R. following order is passed -
ORDER
1. N/M no.4561/2019 stands rejected.
2. Cost in the cause.
3. N/M no.4561/2019 is disposed off accordingly.
The matter is adjd for order on N/M no. 2092/19 to
16.12.2019.
Judge
12/12/2019
SU- 327/90
Exh.32
CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv. Mr. Sanjay Prabala for plaintiff present.
Adv. Mr. Pal for deft. no.3(a) and 3(b) present.
Adv. Mr. Upadhyay for deft. no.3(d) present.
Adv. for plaintiff filed application for direction.
O. - Read application. Heard. By this application,
plaintiff seeks direction from this court to deft. no.3(d) to
file her affidavit of evidence to prove additional issue. At
the outset, the court cannot give such direction to any
party to the proceeding to prove any issue. It is the
choice of the party to enter the witness box and to adduce
the evidence. If the party fails to adduce the evidence,
the consequences of it would follow. Even the matter is
not cropped up for evidence of deft. no.3(d). Therefore,
the application needs no consideration and it is expedient
to pass the following order.
ORDER
1. Application (Exh.32) stands rejected.
2. Application (Exh.32) is disposed off accordingly.
The matter is adjd for cross examination of plaintiff to
10.01.2020.
Judge
Completed.
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