Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 23
IN
R.A.E. & R. SUIT NO. 413 of 2023
(CNR No. :- MHSCA3-000877-2023)
Mr. Sandeep Dalchand Jain ... Plaintiff
Versus
Mr. Babubhai Narayan Mistry ... Defendant
M/s. G M Legal, Ld. Advocate for the Plaintiff.
Mr. P. B. Thakar, Ld. Advocate for the Defendant.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 12/04/2024
ORDER :
The plaintiff has filed present application stating that
the application filed by him is allowed by the Court by order dated
08/04/2024. The Court has also appointed Mr. Sujit Joglekar as a
Court Commissioner to inspect and measure the suit premises and
submit report within 15 days. But, when they contacted to said Mr.
Sujit Joglekar he informed that he does not take up the Court
Commissioner assignment and would not be able to inspect and
measure the suit premises. Therefore, it has become very
imperative to appoint another Court Commissioner in place of Mr.
Sujit Joglekar. Hence, prayed to appoint another Court
Commissioner to inspect and measure the suit premises.
2. On perusal of my previous order, it appears that I have
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ordered the plaintiff to deposit Court Commissioner fees directly
to Court Commissioner Mr. Sujit Joglekar. But, on perusal of
application he is not willing to conduct the commissioner work.
Hence, it is necessary to appoint another Court Commissioner in
place of Mr. Sujit Joglekar. But, the plaintiff is directed to inform
the order of the Court along-with previous order to the concern
Court Commissioner. Hence, I pass the following order:
: ORDER :
1. The application vide Exh. 23 is allowed.
2. Mr. Sanjay E. Joshi is appointed as an Court
commissioner to inspect the suit premises for
measuring area of the premises which is in
possession of the defendant and submit his report
within 15 days from today.
3. The Court Commissioner is directed to comply the
order passed below Exh. 14 dated 08/04/2024
within 15 days from today.
4. The plaintiff is directed to pay the Court
commissioner fees of Rs. 10,000/- (Rs. Ten
Thousand only) directly to the Court commissioner
or in the Court within 5 days from today and the
Court commissioner shall issue notice to both
parties prior to inspection of the suit premises only
for measuring the area in possession of the
defendant.
/home/steno36/7. P.K. Kharate/2024/4. April, 2024/Orders/12.04.2024/EXH-23 RAER 413 of 2023. injunction.odt KCP
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5. Both parties to take note.
(Dictated and pronounced in open Court.)
(P. K. Kharate)
Date : 12/04/2024 Judge, C.R. No. 36
Order dictated and typed on : 12/04/2024
Order checked and signed on : 12/04/2024
/home/steno36/7. P.K. Kharate/2024/4. April, 2024/Orders/12.04.2024/EXH-23 RAER 413 of 2023. injunction.odt KCP
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