Anil Jungle - Mohan PandeyVsHemant B. Dalal And Ors

Date: 03-03-2018
Business: Adv. Swati Sawant Present for the Plff.
Adv. Ravishankar Mishra Present for the Deft.no.1.
Ld counsel for Deft no.1 filed Registered NM 3834/17 in suit no. 8036/01. The Ld counsel appearing is junior Adv. Ashok Mishra and sought time to file service affidavit for NM 3834/17. granted as strictly last chance.
Adj. for Service affidavit on 31/03/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2018

Date: 31-03-2018
Business: Adv. Ms. Swati Sawant Present for the Plff.
Adv. Yogesh Tripathi Present for the Deft.no.1.
Parties Present.
Ld counsel for the Plff submitted that their NM 102/18 is for reply as copy is served directly upon the deft. the Ld counsel for the Deft sought time to file reply to the NM 102/18.
Ld counsel for the Plff filed Reply to the NM 3834/2017. t.o.r.
copy supply to Ld counsel for the Deft. no.1.
Ld counsel for the Deft sought time to file service affidavit.
LD counsel for the Plff sought direction to the Deft on Ex.02. to this Ld counsel for the Deft sought time to file reply hence time granted for reply on Ex.02 within Seven day.
Adj. for Hearing on 3834/17 and 102/18 and reply on Ex.02 and  NM 102/018 on 07/04/2018.
Next Purpose: REPLY
Next Hearing Date: 07-04-2018

Date: 07-04-2018
Business: Adv. Swati Sawant Present for the Plff.
Adv. Ashok Mishra Present for the Deft.
Adv. for the filed reply of rejoinder for the photographs. t.o.r.
Copy served upon plff.
Ld counsel for the Deft submitted that, Mrs. Chandrika Tailor who is obstructionist in this matter has file Writ Petition before Hon\''ble High Court the Ld counsel for the Plff sought copy of the writ petition. Ld counsel for the Deft directed to filed the status of writ Petition in view of the allegations levelled about land grabber in the vicinity of Vile Parle Santacruz and Khar and supplied to copy of otherside.
Adj. for Hearing of NM 3834/17, 102/2018 and status report 03/05/2018.
Next Purpose: REPORT
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Adv Mr. Gavkar for DH Present.
None for deft.
Ld. adv for DH produced on record downloaded copy of the order dated  08.06.2018 passed by Hon\''ble Bombay High Court in Writ petition NO. 173/2018. Accordingly the said writ petition filed by one Chandrika Tailor is withdrawn by her. Thus the status report is now came on record in respect of said writ petition, therefore now mater is adjd. For hearing on NM no. 3834/17 and 102/2018 as last chance.  So also for hearing on Exh. 2 in  EA 263/17.
Matter is adjd. For hearing NM on 07.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Adv. Mr. Gaonkar for Plaintiff Present
None Present for defendant in N.M. 3834/17.
Adjd to 19/01/2019 for Order on Dismissal on N.M
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-01-2019

Date: 21-11-2018
Business: Adv. Mr. Gaonkar for Plaintiff / Decree Holder Present and submitted that, Possession is already received through Bailiff. He submitted that, Application Exh. 2 on defendant nos. 1 and 2 filed reply. Hence Exh. 2 is fixed for hearing.
None Present for defendant.
Adjd to 19/01/2019 for hearing on Exh. 2
Next Purpose: HEARING
Next Hearing Date: 19-01-2019

Date: 19-01-2019
Business: Adv. Mr. Gaonkar for Applicant Present and submitted that, in Execution Application decree was executed and possession of Property was given to Plaintiff. He submitted that, Exhibit 2 is filed for directing the defendant to remove there belonging kept in open space in front of suit premisses with immediate effect.The defendant not filed say to this Application.He submitted that, already warrant of Possession was Executed with permission to break open Lock for delivery of Possession. Plaintiff has taken Possession as per recorded in Roznama dtd. 03rd March 2018 Possession was received. So Articles of defendant kept in front of door, he should removed and if he not removed it be sold in public Auction and Sale Process be deposited in Court. He further submitted that, Writ Petition No. 173/2018 filed by one Chandraki Tailor was withdrawn. So order be passed on Exh. 2 ORDER Below Exh. 2  From Roznama it shows defendant is not present and filed say to Exhibit 2. I find once Possession warrant was served on original defendant. Then he is to remove his articles kept in front to  suit premisses. So I find it is necessary to ask the defendant to remove his articles lying in front of suit premisses within 15 days. If the defendant fails to remove his articles in Varanda. Plaintiff is liberty to remove those articles with the help of Bailiff / Sheriff is directed to remove Articles from open premisses in front of suit premisses and to prepare list of articles and sold in public auction. Sale Proceeds be deposited in Court with this Application Exh. 2 is allowed and disposed off.
Adjd to 16/04/2019 for sheriff Report and hearing
Next Purpose: REPORT
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: P.O. is on Leave.
Next Purpose: REPORT
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Plff and Adv. for plff present.
The applicant/deft not present.
Adjd. to 16.07.2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv for plaintiff present.
None for the defendant.
Matter is Adjd for N/M Hearing to 18.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adv for plaintiff Ms.Swati Sawant present.
None for the defendant.
Adv for plff. stated that they will withdraw the N/M 102/18.
Matter is Adjd for Withdrawal of N/M 102/18 to 04.12.2019.
Next Purpose: WITHDRAWAL
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv for plaintiff Mr.Swati Sawant present.
None for the defendant.
Adv for plff.stated that they are not going to withdraw N/M No.102/18
Matter is Adjd for N/M 102/18 Hearing to 18.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv for plaintiff Ms.Swati Sawant present.
None for the defendant.
Matter is Lastly Adjd for N/M 102/18 Hearing to 08.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 13.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Both the parties and Adv. are absent.
Matter be kept for NM hearing on 18.02.2021.
Adjd for NM hearing on 18.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.
Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present.
Order below NM No. 102/18
Perused the notice of motion which is supported by an affidavit. Since long nobody is appearing on behalf of plaintiff. The roznama dtd. 18.10.2019 reflects that the plaintiff intended to withdraw the notice of motion. However, the plaintiff fail to do so. None appeared for a long time for hearing of this notice of motion which shows that the plaintiff is not seriously interested in continuing the notice of motion. Hence, Notice of Motion No. 102/18 stands dismissed in default. It be removed from the board.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 08-03-2021

Main Case No: SUIT/0108036/2001
Main Cnr: MHCC010065522001
Main Filing No: 111447

Filing Number: 100381/2018
Filing Date: 09-01-2018
First Hearing Date: 03rd March 2018
Decision Date: 08th March 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE