Date: 13-02-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
Issue writ of summons to the defts.
Matter is adjd. to. 05.04.2019 for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: plff. and his adv. absent.
D/1 in person present and submits that the matter be adjourned for appointing advocate and filing W/S.
D/2 is absent.
Matter is adjd. to.04.07.2019 for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Court is busy in recording evidence in suit no.6775/05 and other matters, hence case is adjourned to 04/10/2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: P.O. is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Qureshi for Plaintiff present and filed original writ of summons, t.o.r.
Advocate Ushal Gada for Defendant present and filed vakalatnama for Defendant, t.o.r
Court is busy in recording evidence in suit no.6775/2000 and suit no.641/09, hence case is adjourned to 28/04/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/08/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: Adjd. to 23.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rainfall, and Covid-19 it seems that parties not turned to the court, hence adjourned
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 06/02/2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present for plff.
None present for defts.
Original writ of summons containing report shows that both the defts are served with writ of summons. Said report be marked as Exh.3 in today’s date.
Deft No.1 has put appearance on 05.04.2019.
Deft No.2 though served, did not appear.
Deft No.1 failed to file WS hence, Suit to proceed without WS against deft No.1.
Deft No.2 failed to appear though served, hence Suit to proceed Ex-parte against deft No.2.
Matter is adjd. for Ex-parte evidence to 05.05.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None present for both parties.
Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned at same stage till next date.
Matter is adjd. for Ex-parte evidence to 18.10.2021.
Judge
L.O. at 12.20 p.m.
Adv Mr. F. Qureshi h/f Adv Mr. I.R. Qureshi for the plff present and seeks adjournment.
Already adjd. to 18.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Holiday declare, Hence Matter adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd.at same stage till next date.
Matter is adjd. for ex-parte evidence to 07.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: None present for both parties.
Matter is for ex-parte evidence of plff.
Plffs have not adduced evidence hence, matter be kept for order.
Matter is adjd. for order to 11.07.2022.
Next Purpose: ORDER
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None present for both sides.
Matter adjd to 28.09.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Fahad Qureshi for plaintiff present and he filed vakalatnama for the plaintiffs TOR marked as Exh.4.
On oral request of the plaintiffs advocate.
None present for defendant.
Matter adjd to 07.12.2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Plaintiff present. Her Adv.absent.
None present for defendant.
KB
LO at 12.00 noon
Adv.Fahad Qureshi for plaintiffs present. The Adv.for pltff. requesed for time to file affidavit of evidence. Suit is in the caption of order against plaintiff for not filing evidence. On oral request of the pltff. suit is adjourned as last chance. No further adjournment is granted.
Matter adjd to 22.02.2023 for orders.
Next Purpose: ORDER
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Plaintiff present. Her Adv. absent.
None present for defendant.
KB
LO at 11.45 am
Plaintiff present. Her Adv. absent.
KB
LO at 12.30 pm
Plaintiff present.
Adv. for plaintiff present. He filed affidavit of evidence of Mrs.Poornima Machindra Sonawane (PW-1) t.o.r. and marked as Exh.5. It is read and recorded.
He also filed list of documents t.o.r. and marked as Exh.6.
Matter adjd to 08.03.2023 for order on exhibition of documents.
Next Purpose: ORDER
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Plaintiff present.
None present for defendant.
KB
LO at 11.45 am
Adv.Fahad Qureshi i/b.Mehta and Padamsey for plaintiff present.
Heard Adv.for the plaintiff on list of documents at Exh.6. No argument of the defendants.
Matter adjd to 18.04.2023 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Plaintiff present. None present for defendant.
KB
LO at 01.40 pm,
Adv.Fahad Qureshi for plaintiff present.
(As Court is busy in hearing in NM 505/23 and NM 1218/23, hence, adjourned.
Matter adjd to 04.05.2023 for order on exhibition of documents.
Next Purpose: ORDER
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Plaintiff present. Her Adv. absent.
None present for defendant.
Mrs.Poornima Machindra Sonawane (PW-1) resumed on S.A.
ORDER REGARDING EXHIBITION OF DOCUMENTS -
1. The document at Sr.No.1 (page No.1 to 8) is copy of rent receipt dated 29.04.2016, 06.02.2017, 26.02.2017, 10.03.2018, 14.01.2020, 14.01.2020, 14.02.2021, 16.01.2022. Read the contents of paragraph No.4 of the affidavit of evidence. They are marked as Exh.7 (colly.).
2. The document at Sr.No.2 (page No.9 to 10) is ration card NO.KA705908 dated 15.06.2012. Read the contents of paragraph No.5 of the affidavit of evidence. It is marked as Exh.8.
3. The document at Sr.No.3 (page No.11 to 12) is copy of electricity bills dated 30.07.2018 and 20.11.2021. Read the contents of paragraph No.6 of the affidavit of evidence. They are marked as Exh.9 (colly.).
4. The document at Sr.No.4 (page No.13 to 16) is copy of affidavit dated 19.02.2016 and affidavit dated 19.02.2016 executed by plaintiff No.2 in favour of plaintiff No.1. Read the contents of paragraph No.7 of the affidavit of evidence. They are marked as Exh.10 (colly.).
5. The document at Sr.No.5 (page No.17 to 20) is copy of affidavit dated 24.09.2018 executed by plaintiff No.2 in favour of plaintiff No.1. Read the contents of paragraph No.8 of the affidavit of evidence. It is marked as Exh.11.
6. The document at Sr.No.6 (page No.21) is copy of written complaint dated 11.12.2016. Read the contents of paragraph No.11 of the affidavit of evidence. It is marked as Exh.12.
7. The document at Sr.No.5 (page No.22 to 24) is copy of advocate Mr.I.R. Qureshi notice dated 21.08.2018. Read the contents of paragraph No.12 of the affidavit of evidence. It is marked as Exh.13.
8. The document at Sr.No.5 (page No.25 to 26) is copy of written complaint dated 28.08.2018. Read the contents of paragraph No.13 of the affidavit of evidence. It is marked as Exh.14.
9. The document at Sr.No.5 (page No.27 to 35) is General Power of Attorney dated 22.09.2022. Read the contents of paragraph No.15 of the affidavit of evidence. It is marked as Exh.15.
Suit proceeded without written statement of defendant No.1 and ex-parte against defendant No.2.
Cross-examination of defendant No.1.
None present for defendant No.1. Suit proceeded without written statement of defendant No.1 and ex-parte against defendant No.2. Hence, no cross by defendants.
Matter adjd to 17.06.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Adv. Fahad. Qureshi for plaintiff present.
None for defendant.
Heard the argument of Ld. Counsel of the plaintiff. Suit is proceeded without WS against defendant no. 1 and ex parte against the defendant no. 2. None appeared from defendant. Hence, Suit is adjourned for passing judgement on
Matter is adjd.to 28-06-2023 for judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Court is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Adv. Fahad Qureshi for plaintiff present.
None for defendant
ORDER
1. The suit is decreed with costs.
2. The defendant Nos.1 and 2 are directed to vacate the suit premises i.e. upper floor portion of room No.3 situated at Gulam Mohammed Chawl, House No.277/3, Dr.Ambedkar Chowk, Kurla (W), Mumbai 400 070 within three months from the date of passing of the decree in favour of plaintiff No.1
3. An inquiry be held under Order 20 Rule 12 of the Code of Civil Procedure, for mesne profits from the date of decree till the eviction of the defendants of the suit premises.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-07-2023