Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of motion No.4821/2019
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MHCC010131862019
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO. 4821 OF 2019
IN
SUMMARY SUIT NO. 1297 OF 2019
Subhash Sopan Sherekar ...Plaintiff
Versus
Mohammad Rafiq Mohammad Khan ...Defendant
None for plaintiff.
Mr. Deepak Shukla, ld. Advocate for defendant.
CORAM : H.H. JUDGE SHRI SANJIV PRABHAKAR PINGLE,
COURT ROOM NO.84,
O R D E R
(Delivered on 30/01/2026)
1) This notice of motion is filed for cancellation of Order of
Attachment dated 29/11/2019 in Execution Application No.449 of
2019 in ex-parte judgment/decree dated 03/05/2019 and for
quashing it.
2) Supported by affidavit dated 11/12/2019 of Mohd. Rafiq
Mohd. Khan goes to show that he is not duly and properly served the
writ of summons in summary suit No.1297 of 2019. Therefore,
prayed to quash and set aside the order of the attachment is also
supported by one another additional affidavit dated 19/12/2019.
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Notice of motion No.4821/2019
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3) The present notice of motion though pending since last
nearly 7 years. The original plaintiff/decreeholder failed to file reply
to the said notice of motion. Hence, proceeded without reply.
4) Following points arises for my determination to which I
have noted my findings with reasons thereon to each one as under :-
SR.NO. POINTS FINDINGS
1 Whether the present notice of motion
deserves to be allowed ?
No being
infructuous.
2 What Order? Notice of
motion is
dismissed.
R E A S O N S
5) Heard ld. Advocate Mr. Deepak Shukla for defendant. He
prayed to dispose of the present notice of motion in view of his
earlier Notice of Motion No.4823 of 2019 for setting aside ex-parte
order, judgment and decree dated 03/05/2019 has been allowed by
this Court.
6) Ld. Advocate for the original plaintiff/decreeholder Mr.
Ramesh Jain is absent.
7) I have already come to the conclusion in view of the
documentary evidence i.e. Muster/Punch Report given by the
Authorized Officer of the MCGM goes to show that on the alleged
date 12/12/2018 service of writ of summons, on the relevant date,
the judgment debtor/original defendant was never on day duty and
he was having ‘night duty’.
8) Hence, considering the said documentary evidence
tendered the ex-parte order, judgment and decree dated 03/05/2019
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Notice of motion No.4821/2019
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has been quashed and set aside. Therefore, there is no question of
grant of stay as prayed in present notice of motion.
9) Hence, I noted my findings to the Point Nos.1 and 2
accordingly and I proceed to pass following order :
ORDER
Notice of motion No.4821 of 2019 is dismissed being infructuous and
disposed of accordingly.
(Dictated, delivered and pronounced in open Court)
( SANJIV PRABHAKAR PINGLE )
JUDGE, CR NO.84,
Date : 30/01/2026 CITY CIVIL COURT, AT MAZGAON,
MUMBAI.
Dictated on : 30/01/2026.
Transcribed on : 31/01/2026.
Signed on : 02/02/2026.
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Notice of motion No.4821/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer03/02/2026 5.30 p.m.
Name of the Judge (With C.R. No.) HHJ SHRI. SANJIV PRABHAKAR
PINGLE
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
30/01/2026
JUDGMENT / ORDER signed by P.O.
on
02/02/2026
JUDGMENT / ORDER uploaded on 03/02/2026
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