Final Order 1

Order Details: Order on Exhibit
Pdf Text: CNR NO.MHSCA30000832024
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
ORDER BELOW EXH. -1
IN
REVISION NO. 10 OF 2024
IN
EXHIBIT NO.11
IN
L.E. & C SUIT NO. 16 OF 2023
Mr. Vishal Bhagwatmohan Sonawane ...Applicant/
(Original Defendant)
Versus
1. Mr. Alok Yudhister Nangia & Anr … Respondents/
(Original Plaintiffs)
Adv. Dinesh R. Pandey for the applicant absent
Adv. Jikesh M. Shah for the respondent
Coram : Shri A. A. Ayachit
Additional Chief Judge,
&
Shri D. R. Mali, Judge
Court Room No. 41,
Date : 12th March, 2025
ORDER : - (Per Shri A. A. Ayachit, Additional Chief Judge)
The present revision has been filed by the original defendant
of L. E. & C Suit No.16 of 2023 against the order passed below
application Exh. 11 dated 4th October, 2023 challenging the legality
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Exh.1 Revision-10/2024 2 of 3 Order
and validity of the order.
2. Perused the record. It seems that applicant is continuously
absent. His Advocate is also absent.
3. We have heard Mr. J. M. Shah learned Advocate for the
respondent/original plaintiff. He submitted that the original suit L.
E.& C Suit No. 16 of 2023 has been disposed off in view of
settlement between the parties, which is recorded by the learned
Trial Court on 12.07.2024. He has placed the copy of the consent
terms and order of the Court on record. According to him, the
applicant was agreed to hand over the possession of the suit
premises and also agreed to withdraw all the proceedings pending
before this Court, City Civil Court and Metropolitan Magistrate
Court. However, according to him, after receipt of the amount from
the plaintiff, the applicant/defendant of this revision application is
deliberately absent.
4. The respondent is present today. He requested to pass
necessary order.
5. We have gone through the record, it seems that the learned
trial court by impugned order passed below application Exh. 11
dated 04.1.2023 directed the defendant/applicant of this proceeding
to deposit the arrears of compensation. However, the meantime the
parties have arrived at settlement and accordingly, the original suit
proceedings disposed off by the learned Trial Court in view of the
Consent Terms as stated above.
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Exh.1 Revision-10/2024 3 of 3 Order
6. In such circumstances, we do not think it proper to proceed
with the Revision application. Moreover, having gone through the
findings recorded by the learned trial court, we do not notice any
illegality or infirmity in it. Therefore, revision fails. Hence, we
proceed to pass following order.
O R D E R
1. Revision application is dismissed.
2. Parties to bear their own costs.
3. Proceeding be disposed off.
I Agree,
(D.R. Mali) (A.A. Ayachit)
Judge Addl. Chief Judge,
C.R. No. 41 C.R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
12.03.2025 12.03.2025
/home/steno41/Desktop/CR-41/MARCH-25/ORDER/EXH-1-REVISION-10-2024 DISMISSAL.odt SVS
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