Mayur Dinesh Bhatt +2 moreVsRajendra Gupta

Date: 18-01-2023
Business: Misc. Application 22/2022
Adv. Archit ib R. J. Law for applicant present.
Exh. 1 Misc Application
Exh. 2 Affidavit in support.
Exh. 3 Vakalatnama of applicant.
Applicant is directed to serve the M.A. 22/2022 upon defendant and submit the service report on or before next date.
Adj for service to 28-02-2023.
Next Purpose: SERVICE
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: COURT IS VACANT
Next Purpose: SERVICE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: M.A. 22/2022
Adv. R. G. Chaudhari for applicant present.
Applicant present.
Adv. Ninad Sawant for respondent present.
Exh.      Adv for respondent filed Vakalatnama. t.o.r.
Adv for respondent filed say on M.A. 22/2022 itself.
Adj for Order to 03-05-2023.
Next Purpose: ORDERS
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: 03/05/2023 CORAM-H.H.J. Smt. N. S. Anekar (Adhoc Civil
                    and Assistant Session) (C. R. NO.1)
M.A. 22/2022
Adv. Ninad Sawant for respondent present.
Present MA is taken on by the applicant for setting aside the ex-parte order
dated 30.06.2021 and for restoring the Execution Application to the file, by condoning the delay 142 days in filing the present application. Perused application and say / reply even by the defendant. On perusal of reply it can be seen that defendants have submitted no objection to allow this application because, the parties have settled the disputes and as such are going to file the consent term in the Execution Application.
Heard both the sides.
Perused the order passed by Ld. Predecessor passed on 30.06.2021.
It can be seen that the Execution Application was dismissed because the plaintiff failed to remove the office objections. However, with a view to the relief sought, one opportunity is required to be given to Applicant / Plaintiff.
Hence the Order:
I. The MA is allowed in terms of prayer clause A and B.
II. The Execution Application No.39 of 2021 be restored to its original file.
III. The plaintiff/ applicant to remove the office objections by next date.
IV. The MA stands disposed off.
In view of order on MA No. 22/2022 Exe. App. 39/2021 is restored and
Issue notice under Order XXI Rule 22 to JD through
court bailiff / R.P.A.D.
Adjd. to 01/08/2023 for service/report.
Nature Of Disposal: ALLOWED
Disposal Date: 03-05-2023

Filing Number: 10342/2022
Filing Date: 11-11-2022
First Hearing Date: 18th January 2023
Decision Date: 03rd May 2023
Court Number And Judge: 1-Ad-hoc Judge, City Civil Court and Asst. Sessions Judge