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LE

RAKESH CHAMPALAL KOTHARI +2 moreVsShailesh Daji Kap +1 more

CNR MHSCA3000762202332-Judge C.R.No. 32
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Other Wise
Decision Date: 01st April 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200094/2023
Registration Date
18 Oct 2023

Advocates

2

For Petitioner

Parties

5

Acts & Sections

1
PRESIDENCY SMALL CAUSE COURTS ACT · Sec 41

Case History / Proceedings

Case History
Date: 26-10-2023
Business: Resumed before Atul G. Rane Addl. Registrar.
Plaintiff and his  advocate absent.
Adj. for issue summons to deft. no. 1 and 2.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Resumed. Plaintiff absent his holding advocate G. Devendra present. Defendant no. 1 and 2 present and filed memorandum of address. Summons served to deft. no. 1 and 2 on dt. 21.11.2023.
Adj. for filing W.S of deft. no. 1 and 2.
Next Purpose: Written Statement at 11.00 A.M.
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: Resumed
Plaintiff absent his holding adv G. Devendra present Defendant 1 and 2 absent his adv A. Tiwari  On behlf of  S.A.Vaidya filed S. V. of deft 1 and 2 Summons served to  deft  1 and 2 on dt 21/11/23 Deft 1 and 2 failed to file W.S. within time Hence matter transfer to CR. 32 for Steps and order against deft 1 and 2
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: Resumed
Both side Adv present. Deft present.
Exh.11/D - Defts Appln for Cond. delay in WS with WS.
Adv for plff given H/W say on Ex. 11.
Adjd for Hrg/Order in Ex. 11.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Resumed
H/Adv for plff and plff No.2 present. Deft and Adv absent.
Order passed below Ex. 11 - Appln allowed. (detailed order filed within).
Exh. 12/B - WS of Defts.
Adjd for issues.
Next Purpose: For Issues at 11.00 A.M.
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Resumed
Adv for plff present. Deft and Adv absent.
Adjd for issues.
Next Purpose: For Issues at 11.00 A.M.
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: TOB
Adv for plff and Plff present. Deft and Adv present.
Exh. 13/D - Appln for matter taken on Board. - O - Allowed.
Exh. 14/B - Consent Terms - O - The Plff no.2 the power of attorney holder for plff no.1 and 3 and defdt. No.1and 2 and their respective Adv are present before the court. They admitted the contents of consent terms. Amicable settlement took place between the parties as per the terms of consent terms. Hence keep for order on Exh. 1.
Adjd for Orders and (S.V. of deft).
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Resumed
Plaintiffs 2 and 3 and CA of plff No. 1 present. Both side Adv  and defdt. absent.
Order passed below Ex.1 -  Order -
1. Suit is disposed off in view of Consent Terms Exh.14.
2. Decree be drawn up in view of Consent terms Exh.14.
3. Court be be refunded to the plaintiffs as per Rule.
Nature Of Disposal: Other Wise
Disposal Date: 01-04-2024

Additional Case Details

Additional Case Details
Filing Number: 201744/2023
Filing Date: 29-08-2023
First Hearing Date: 26th October 2023
Decision Date: 01st April 2024
Court Number And Judge: 32-Judge C.R.No. 32

Orders

4
Final Order 3Full order available
01 Apr 2024

Order Details: Decree Pdf Text: -- 1 of 41 -- -- 2 of 41 -- -- 3 of 41 -- -- 4 of 41 -- -- 5 of 41 -- -- 6 of 41 -- -- 7 of 41 -- -- 8 of 41 -- -- 9 of 41 -- -- 10 of 41 -- -- 11 of 41 -- -- 12 of 41 -- -- 13 of 41 -- -- 14 of 41 -- -- 15 of 41 --…

Read Full Order
Final Order 2
01 Apr 2024
Order Details: Order on Exhibit
Pdf Text: 1
CNR NO.MHSCA-30007622023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.1
IN
L.E. SUIT NO. 94 OF 2023
1. Mr. Rakesh Champalal Kothari and ors. . . Plaintiffs.
Versus
1. Mr. Shailesh Daji Kap and anr. . . Defendants.
L.V. Jain : Advocate for plaintiffs.
S.A. Vaidya : Advocate for defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 01/04/2024.
ORAL ORDER :
1. In view of Consent Terms Exh.14, the matter is amicably
settled between the parties as per the terms and conditions of the
consent terms. Consequently, I pass the following order.
: ORDER :
1. Suit is disposed off in view of Consent Terms
Exh.14.
/home/steno32/Desktop/2023-ASP/Order/Apr-24/E-1-LE-94-2023.odt
-- 1 of 2 --
2
2. Decree be drawn up in view of Consent Terms
Exh.14.
3. Court fee be refunded to the plaintiffs as per Rule.
Bandra - Mumbai. ( A.S. Pandagle )
Date : 01/04/2024. Judge, C. R. No.32. .
/home/steno32/Desktop/2023-ASP/Order/Apr-24/E-1-LE-94-2023.odt
-- 2 of 2 --
Interim Order 1
30 Mar 2024
Order Details: Order on Exhibit
Pdf Text: 1
CNR NO.MHSCA-30007622023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.14
IN
L.E. SUIT NO. 94 OF 2023
1. Mr. Rakesh Champalal Kothari and ors. . . Plaintiffs.
Versus
1. Mr. Shailesh Daji Kap and anr. . . Defendants.
L.V. Jain : Advocate for plaintiffs.
S.A. Vaidya : Advocate for defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 30/3/2024.
: HANDWRITTEN ORDER :
The plaintiff No.2 the power of attorney holder for
plaintiff No.1 and 3 and defendant No.1 and 2 and their respective
Advocate are present before Court. They admitted the contents of
consent terms, amicable settlement took place between the parties as
per the terms of consent terms. Hence, keep for order on Exh.1.
Sd/-
Bandra - Mumbai. ( A.S. Pandagle )
Date : 30/3/2024. Judge, C. R. No.32. .
/home/steno32/Desktop/2023-ASP/Order/Apr-24/E-14-LE-94-2023.odt
-- 1 of 1 --
Order 1
30 Mar 2024
Order Details: Order on Exhibit
Pdf Text: 1
CNR NO.MHSCA-30007622023
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.14
IN
L.E. SUIT NO. 94 OF 2023
1. Mr. Rakesh Champalal Kothari and ors. . . Plaintiffs.
Versus
1. Mr. Shailesh Daji Kap and anr. . . Defendants.
L.V. Jain : Advocate for plaintiffs.
S.A. Vaidya : Advocate for defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 30/3/2024.
: HANDWRITTEN ORDER :
The plaintiff No.2 the power of attorney holder for
plaintiff No.1 and 3 and defendant No.1 and 2 and their respective
Advocate are present before Court. They admitted the contents of
consent terms, amicable settlement took place between the parties as
per the terms of consent terms. Hence, keep for order on Exh.1.
Sd/-
Bandra - Mumbai. ( A.S. Pandagle )
Date : 30/3/2024. Judge, C. R. No.32. .
/home/steno32/Desktop/2023-ASP/Order/Apr-24/E-14-LE-94-2023.odt
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