Full Order Text
Interim Order 3 · 02 Dec 2023 · CNR MHSCA30000622022
Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 22 IN 2A APPEAL NO.30 OF 2022 IN R.A.E. & R. SUIT NO.136/411 OF 1994 1)Smt.Ashadevi Ratanlal Jain ...Appellant Versus 1. M/S Laxmi Associates and others. ...Respondants Mr. Chandan Ld. Advocate for Appellant. Mr. Damani, Ld. Advocate for Respondent. Coram :- Smt. A.S. Khadse, Addl. Chief Judge & Smt. R.N. Bansal, Judge. C.R. No. 31 (B.B.) Date :- 02/12/2023 ORDER : This is an application filed by the respondent no. 1 for expediting the hearing of the appeal. 2. Perused application and say filed by the appellant. Heard advocate for both parties. Perused record. 3. It is submitted by the respondent no. 1 that, the suit building is declared as category of C1 by BMC. Therefor, before any /home/jccourt31/Desktop/CR 31-Bansal-sgz/Orders-CR 31/Nov-Dec 2023/EXH-15 app 30 of 22. expediting matter 2.12.2023.odt KCP -- 1 of 3 -- .. 2 .. EXH-22 in 2A Appeal 30/22 untoward incident happens, it is advised that the above Appeal be heard expeditiously and to be disposed off within 15 to 30 days to avoid any legal completions in the matter. 4. The appellant has filed reply at Exh. 16 and submitted that, no grounds for granting prayers. Therefore, it is prayed that application be dismissed with cost. 5. On perusal of application it appears that, it is the contention of the respondent no. 1 that, the suit building is declared as category of C1 by BMC and therefor, before any untoward incident happens, it is advised that the above Appeal be heard and decide expeditiously. Considering the said reason and as respondent is ready to proceed with the matter, in our view no prejudice will be caused to the appellant if application is allowed. Hence, appeal is required to be expedited subject to the appearance and trial of the other old, urgent and previously expedited matters on the concern date. Therefore, the present application deserves to be allowed. Hence, the following order:- : ORDER : 1. The application is allowed. 2. Matter is expedited subject to appearance and trial of the other old, urgent and previously expedited matters on the concern date. 3. Both the parties are directed to give their /home/jccourt31/Desktop/CR 31-Bansal-sgz/Orders-CR 31/Nov-Dec 2023/EXH-15 app 30 of 22. expediting matter 2.12.2023.odt KCP -- 2 of 3 -- .. 3 .. EXH-22 in 2A Appeal 30/22 co-operation for early disposal of the Appeal. (Dictated and pronounced in open Court.) I Agree, Sd/ Sd/ (A.S. Khadse) (R.N. Bansal) Addl. Chief Judge Judge, C.R. No. 31 C.R. No. 31 02.12.2023 02.12.2023 Order dictated and typed on : 02/12/2023 Order checked and signed on : 02/12/2023 /home/jccourt31/Desktop/CR 31-Bansal-sgz/Orders-CR 31/Nov-Dec 2023/EXH-15 app 30 of 22. expediting matter 2.12.2023.odt KCP -- 3 of 3 --
