Final Order 2

Order Details: Decree
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IN THE COURT OF SMALL CAUSES AT BANDRA, MUMBAI
(APPELLATE BENCH)
[CNR No.: MHSCA30002422022]
(R) Appeal No. 44 of 2022
In
R.A.D. Suit No. 564 of 2015
1. Shri Bhavanbhai Dayabhai Vala, )
(Since Deceased) )
Age about 74 Years, Occupation: Business, )
1.1. Smt. Majulaben Bhavanbhai Vala, )
Aged about 69 Years, Occupation: Housewife, )
Hindu Adult, Indian Inhabitant of Mumbai, )
Residing at Room No. 12, Shah Bhuvan, )
Ashra Colony, Kasturba Cross Road, )
Near Abhyuday Bank, Chinchpada Road, )
1 st Carter Road, Borivali (East), )
Mumbai 400 066. )
1.2 Shri Pravin Bhavanbhai Vala, )
Aged about 51 Years, Occupation Labour )
Hindu Adult, Indian Inhabitant of Mumbai, )
Residing at Room No. 4, Shah Bhuvan, )
Kasturba Cross Road, Near Abhyuday Bank, )
Chinchpada, Borivali (East), )
Mumbai – 400 066 )
1.3 Shri Paresh Bhavanbhai Vala , )
Aged about 47 Years, Occupation Labour )
Hindu Adult, Indian Inhabitant of Mumbai, )
Residing at Room No. 12, Shah Bhuvan, )
Kasturba Cross Road, Near Abhyuday Bank, )
Chinchpada, Borivali (East), Mumbai 400 066.)
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1.4 Shri Kiran Bhavanbhai Vala , )
Aged about 50 Years, Occupation Labour )
Hindu Adult, Indian Inhabitant of Mumbai, )
Residing at Room No. 12, Shah Bhuvan, )
Kasturba Cross Road, Near Abhyuday Bank, )
Chinchpada, Borivali (East), Mumbai 400 066.)
1.5 Shri Shanti Bhavanbhai Vala , )
Aged about 46 Years, Occupation Labour )
Hindu Adult, Indian Inhabitant of Mumbai, )
Residing at Room No. 12, Shah Bhuvan, )
Kasturba Cross Road, Near Abhyuday Bank, )
Chinchpada, Borivali (East), Mumbai 400 066.) … Appellants
(Orig. Plaintiffs)
Versus
1. Smt. Tarla Talakshi Shah, )
Aged about 65 Years, OccupationBusiness )
2. Shri Haresh Talakshi Shah , )
Aged About 44 Years, OccupationBusiness, )
Both Hindu, Adults, Indian Inhabitant of )
Mumbai, Residing at A201, Ratnadeep, )
1 st Carter Road, Borivali (East), )
Mumbai – 400 066. )
3. Mrs. Dhiral Vinit Gogari, )
Aged about 30 Years, Occupation Service, )
Hindu Adult, Indian Inhabitant of Mumbai, )
Residing at Room No.6, Abhiram, Soniwadi, )
Borivali (West), Mumbai – 400 092. )
4. Shri Damjibhai Dayabhai Wala, )
Aged about 70 Years, Occupation Service, )
Hindu Adult, Indian Inhabitant, residing at )
Post Village Konjali, TalukaMahuva, )
District : Bhavnagar, Gujarat 354 290. ) … Respondents
(Orig. Defendants)
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Appearance:
1. Mr. M. R. Bhargav, Learned Advocate for Appellants .
2. Mr. Haresh T. Shah Respondent No.2 In person and for Respondent No.
1 and 3.
3. Mr. N. S. Tungare, Learned Advocate for Respondent No.4.
Coram : Shri Mohammad Nasir M. Saleem,
Addl. Chief Judge
And
Shri. K. B. Kamgauda, Judge,
Court Room No. 31.
Date : 01st October, 2022.
D E C R E E
(Order 41 Rule 35 of C.P.C.)
The Appellant above named Appeal to the Court of Small
Causes, at Mumbai from the Judgment and Order of Ld. Trial Court of
Small Causes Judge, Smt. A.A. Desai, Court Room No. 35 (B.B), dated 16th
December, 2021 in R.A.D. Suit No. 564 of 2015 on the grounds mentioned
in the memorandum of Appeal filed therein and this Appeal coming on
for hearing and final disposal on 01st October, 2022, before Shri
Mohammad Nasir M. Saleem, Addl. Chief Judge & Shri. K.B. Kamgauda,
Judge in the presence of Mr. M. R. Bhargav, Learned Advocate for
Appellants and Mr. Haresh T. Shah Respondent No.2 In person and for
Respondent No.1 and 3 and Mr. N. S. Tungare, Learned Advocate for
Respondent No.4.
: O R D E R :
1. The Appeal is dismissed.
2. The Judgment and decree dated 16th December, 2021, passed by
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Learned Trial Court Room No.35, in R.A.D. Suit No. 564 of 2015 is
hereby confirmed.
3. The parties to the appeal / suit are hereby informed that the
parties shall take back the original documents as per the
procedure laid down in Paragraph No.524 to 528 of the Bombay
High Court Civil Manual, failing which, those shall be destroyed
on expiry of time frame as to destruction of documents as laid
down in Paragraph No. 524 of the Bombay High Court Civil
Manual.
4. Parties to bear their own costs.
Sd/ Sd/
(Shri Mohammad Nasir M. Saleem) (Shri K.B. Kamgauda)
Addl. Chief Judge, Judge,
Court Room No. 31. Court Room No. 31.
Date : 01.10.2022 Date : 01.10.2022
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IN THE COURT OF SMALL CAUSES AT BANDRA, MUMBAI
(APPELLATE BENCH)
[CNR No.: MHSCA30002422022]
(R) Appeal No. 44 of 2022
In
R.A.D. Suit No. 564 of 2015
BILL OF COSTS
Sr.
No.
Particulars Appellants
Rs. Ps.
Respondents
Rs. Ps.
1 Stamp on Appeal Memo 200 00 00 00
2 Stamp on V.P. 10 00 00 00
3 Stamp on Applications 20 00 10 00
4 Pleader's 300 00 300 00
5 Service of Process 11 00 00 00
Total 541 00 310 00
Court Room No. 31 Given under our hand and Seal of the Court.
This 01st Day of October, 2022.
Sd/ Sd/
(Shri Mohammad Nasir M. Saleem) (Shri K.B. Kamgauda)
Addl. Chief Judge, Judge,
Court Room No. 31. Court Room No. 31.
Date : 01.10.2022 Date : 01.10.2022
Judicial Clerk : Smt. Y.S. Khare
Prepared by : Shri. M.U. Phase, Cl.Ty. (06/10/2022)
Signature of Adv for Appellants
Signature of Adv for Respondents
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