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Interim Order 3

CNR MHSCA3000062202202 Dec 2023
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
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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
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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
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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
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