Final Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 1
IN
R.A.D. & E. SUIT NO. 83 of 2023
(CNR No. :- MHSCA3-000095-2023)
Mr. Rajesh Damji Vira ... Plaintiff
Versus
M/s. Indrayani Estate Developers Pvt. Ltd. ... Defendant
Mr. Mehrvan R. Irani, Ld. Advocate for the Plaintiff.
Mr. Kaushal K. Thakker, Ld. Advocate for the Defendant.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 18/07/2024
ORDER :
In the present matter, the defendant has filed
application vide Exh. 13 under Order 7 Rule 11 of the Code of Civil
Procedure, 1908 for rejection of plaint. The said application is
rejected by this Court by passing order below Exh. 13 on
28/11/2023. Then the defendant has filed Revision Application
No. 8 of 2024 before the Hon’ble Appellate Bench of the Bandra
Court. The Hon’ble Appellate Bench has passed the order on
15/02/2024 and set aside the order passed by this Court below
Exh. 13 dated 28/11/2023. The Hon’ble Appellate Court has also
rejected the plaint in R.A.D. Suit No. 83 of 2023.
2. I have already granted many chances to the plaintiff to
bring the proper order from Hon’ble High Court. I have granted
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.. 2 .. EXH-1 R.A.D. & E. Suit No. 83 of 2023
last chance to the plaintiff on 18/06/2024 and also directed to
bring the order from the Hon’ble High Court till 18/07/2024.
Today also the plaintiff failed to bring any order from Hon’ble
High Court. Hence, the order of the Hon’ble Appellate Bench in
Revision Application No. 8 of 2024 is keep in tact till today i.e.
after 5 months of passing the order. The plaintiff has remedy to file
the proper proceeding if they succeed in the Hon’ble High Court
against the order of Hon’ble Appellate Court in Revision
Application No. 8 of 2024. Hence, in view of order passed by the
Hon’ble Appellate Court in Revision Application No. 8 of 2024 I
pass the following order :
ORDER
1. The suit is disposed off in view of the order passed by the
Hon’ble Appellate Court in Revision Application No. 8 of
2024 dated 15/02/2024.
(Dictated and pronounced in open Court.)
(P. K. Kharate)
Date : 18/07/2024 Judge, C.R. No. 36
Order dictated and typed on : 18/07/2024
Order checked and signed on : 18/07/2024
/home/steno36/7. P.K. Kharate/2024/7. July, 2024/Orders/18.07.2024/EXH-1 RAD 83 of 2023.odt KCP
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