Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER NM 4849/2019 ..1.. in Sum Suit No.1046/2019
MHCC010132792019 Presented on : 18.12.2019
Registered on : 18.12.2019
Decided on : 30.07.2026
Duration : 06 Y: 07 M : 12 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
NOTICE OF MOTION NO.4849 OF 2019
IN
SUMMARY SUIT NO.1046 OF 2019
Mr. Sayalu Hanmanlu Shahapurkar ] ...Applicant/Plaintiff
IN THE MATTER BETWEEN :
Mr. Sayalu Hanmanlu Shahapurkar ] ..Plaintiff.
Versus
Mr. Tanaji Savitru Gadkari
..Defendants.
Appearance :-
Ld. Adv. Balbheem Patil for Applicant/plaintiff.
Ld. Adv. M. Moses for Defendant absent.
CORAM : HHJ P. B. LOKHANDE (C.R.No.82)
DATE : 30/07/2026
O R D E R
The present Notice of Motion is moved by the plaintiff. It is
stated that, the plaintiff filed suit for recovery. The defendant is
scheduled to retired on 31.01.2020, he will be getting the retirement
benefits. After his retirement, no property at Mumbai. In that
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ORDER NM 4849/2019 ..2.. in Sum Suit No.1046/2019
circumstances, no amount can be recovered if summons of judgment is
passed in favour of plaintiff. Therefore, under order XXXVIII Rule 5 (3)
of CPC attachment before judgment on the retirement benefits be
passed and also attaching the amount under XXI Rule 46 of CPC be
passed in favour of plaintiff.
2. It appear that, no reply filed by defeated to the present
Notice of Motion. Moreover, roznama dated 07.04.2025 discloses that,
defendant fail to file written statement, suit to proceed without written
statement order is passed. Further, roznama dated 19.06.2025 matter
posted for ex-parte evidence. In this background, I am of the view that,
the present Notice of Motion is of 2019, not pressed since long, it is
frustrated, accordingly liable to be rejected and disposed of. Hence, I
proceed to pass the following order:-
ORDER
1. Notice of Motion No.4849 of 2019 is hereby rejected
and disposed of in Summary Suit No.1046 of 2019.
(Dictated, delivered and pronounced in open Court)
(P. B. Lokhande)
Adhoc Judge,
City Civil & Sessions Court,
Dated : 30.07.2026 Mazgaon, Mumbai (C.R.82),
Dictated and typed on : 30.07.2026.
Signed by HHJ on : 30.07.2026.
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ORDER NM 4849/2019 ..3.. in Sum Suit No.1046/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Supriya K.Pawar
Typist30.07.2026 At 05:30 p.m.
Name of the Judge (With C.R. No.) HHJ Pramod B. Lokhande
(COURT ROOM NO.82)
Date of Pronouncement of
JUDGMENT / ORDER
30.07.2026
JUDGMENT / ORDER signed by
P.O. on
30.07.2026
JUDGMENT / ORDER uploaded on 30.07.2026
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