Murlidhar T. TilwaniVsKrishnabai Gordhandas Wadhwa And Ors

Date: 07-02-2019
Business: Adv. Prashant Kulkarni for plaintiff present.
Adv. S.K. Jain for defendant present.
NM already tendered on 14/01/2019.
Defendant No.2 files reply to NM.
P.W.2 present.
Exh.14Affidavit of evidence of P.W.2.
Adjd. to 11/03/2019 for report Commissioner of  NM hearing.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Matter pertains to CR No.19
Record and proceeding is not yet received.
Adv. Uday Bhanusingh for Plaintiff present.
Adv. Aatawade for defendant present.
Adjd. for commissioner report to 09.04.2019
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Advocate Mr. Bhanushali h/f adv. Prashant Kulkarni for Plaintiff present and submitted that he will file affidavit of evidence of PW3 on next date meanwhile N/m no.175/19 is necessary to be decided for exhibiting crucial documents from the matter. Defendant\''s advocate is directed to file reply to NM NO.175/19 so that on next date said NM can be disposed off on merits.
Advocate Ms. Anchal Jain for Defendant present
By consent, case is adjourned to 22/04/2019 for report and NM hearing.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Advocate Mr. Singh i/b Adv. Kulkarni for Plaintiff present and filed affidavit of PW-3, t.o.r. Copy served to advocate for Defendants.
Advocate Ms.  Anchal Jain for Defendants present.
K.B. at 12.30 p.m.
L.O. at 12.15 p.m.
Advocate Mr. Singh i/b Adv. Kulkarni for Plaintiff present
Advocate Mr. S. K. Jain for Defendant present
Adv. for Plff and Defendant submitted that arguments of NM No. 175/18 will be advanced after cross examination of PW-3 is over, hence cross examination of PW-3 is being recorded by keeping open the decision of NM No.175/18.
Evidence of PW-3 recorded.
Examination in chief of PW-3 completed.
Advocate Mr. Jain for Defendant submitted that as cross-examination of 2 witnesses of Plaintiff is recorded by Commissioner, cross-examination of PW-3 also can be recorded by Commissioner.  Plaintiff\''s advocate also submitted that affidavit of evidence of PW-3 Exh.15 be sent to Court Commissioner for recording cross-examination of PW-3.  Hence, adjourned for cross-examination of PW-3 to be recorded by Court Commissioner.  Court Sheristedar is directed to send affidavit of evidence Exh.15 to Court Commissioner Mr. Nair for recording cross-examination of PW-3.
By consent, case is adjourned to 28/06/2019 for report of Court Commissioner and argument of NM No.175/18
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Reason For Adjournment: court time is over
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Advocate Mr. Uday Bhanusingh i/b Kulkarni for Plaintiff present and pointed out that on 28/06/2019 itself evidence closure pursis on behalf of Plaintiff is filed but it remained to be exhibited, hence evidence closure pursis is t.o.r. O-Filed.
Advocate Mr. S. K. Jain for Defendant present and sought time to file evidence.
Heard arguments about NM no.175/19.
Plaintiff\''s advocate referred list of documents Exh.5 and pointed out that receipt dated 01/07/2004 which is serial no.2 in Exh.5 is remained to be exhibited due to over-site even though its existence is admitted by Defendant in Written Statement.
Plaintiffs advocate referred last 4 lines of para 1 on the plaint and last 5 lines of para no.2 of and pointed out  that agreement dated 01/07/2004 is referred in those paragraphs as suit agreement and it is also contented that Defendant no.1 has agreed to sell said flat to Plaintiff and Defendant nos.2 and 3 his sons have confirmed said agreement.  Plaintiffs advocate also referred para no.11 and para no.12 of plaint and submitted that reference of agreement between building and society is given in para no.11 and para no.12 is related to the pleadings about readiness of Plaintiff for performance of her part of contract.  Plaintiffs advocate referred para no.J of Written Statement of Defendant no.1 and submitted that in said paragraph Defendant no.1 has contended that receipt Exh.B annexed to the plaint was got executed without explaining to Defendant no.1, its contents or legal effect as such according to Plaintiff\''s advocate Defendant no.1 has admitted existence of the receipt dated 01/07/2004, however Defendants have further alleged that said receipt was executed by fraud, hence the burden of proving alleged fraud is upon Defendant no.1, hence the receipt in question is necessary to be exhibited.
Plaintiffs advocate referred para no.3 of Exh.4 i.e. affidavit of evidence of PW-1 Murlidhar Pilwani and submitted that in said paragraph PW-1 has stated about payment of Rs.1 Lakh by Plaintiff to Defendant no.1 against the agreed price of suit flat to Rs.24 Lakhs and about payment of said Rs.1 Lakh by Cheque. Plaintiffs advocate referred para no.4 and 5 of examination in chief of PW1 and argued that in para no.4 the receipt in question is referred and it is stated that said receipt bears thumb impression of Defendant no.1 and said receipt was returned by Defendant no.2.  As such according to Plaintiff\''s advocate para no.3, to 5 prove the receipt in question.  Plaintiffs advocate submitted that Defendants have never raised any objection to exhibit the receipt in question therefore said receipt is necessary to be exhibited by making absolute this NM.
Advocate Mr. S. K. Jain for Defendant referred prayer clause from NM, para no.2 of affidavit in support and roznama dated 06/01/2018 and submitted that on 06/01/2018 the documents relied upon by Plaintiff are exhibited by the Court except the receipt in question.   According to advocate Mr. S. K. Jain for Defendant if really Defendants would not have raised any objection the court would have exhibited the receipt in question on 06/01/2018 itself. Advocate Mr. S. K. Jain for Defendant referred reply given by the Defendants for admission and denial of documents filed by Plaintiff.  Said reply was given on 21/10/2016.  Advocate Mr. S. K. Jain for Defendant referred para no.4 of evidence of examination of PW1 and pointed out that in said para PW1 has not stated that receipt in question was signed by all concerned persons in presence of PW-1.  It is argued that PW1 is already cross-examine and two more witness of Plaintiff are also cross examined by Defendants. Not only it evidence closure pursis is also filed by Plaintiff on record therefore now no question arises of exhibiting the receipt in question.  Advocate Mr. S. K. Jain for Defendant pointed out that judgment of the case between Ayushakti Ayurved Pvt. Ltd. And Hindusthan Uniliver Limited is related about the precautions in respect of objections raised by the parties in respect of admissibility of the documents and thereafter for referring the matter for recording cross-examination by commissioner.  According to advocate Mr. S. K. Jain for Defendant in Ayushaktis case the procedure is not laid down that even after filing evidence closure pursis the documents sought by Plaintiff can be exhibited.   Lastly, Advocate Mr. S. K. Jain for Defendant submitted that as PW1 was or is not witness to receipt in question said receipt can not be exhibited on the basis of evidence of PW1 and further it can not be exhibited after evidence closure pursis is filed by Plaintiff.
Advocate Mr. S. K. Jain for Defendant also filed written arguments in respect of NM no.175/19, t.o.r.
Advocate Mr. S. K. Jain for Defendant also submitted that plaint and Written Statement i.e pleadings of the parties are necessary to be proved by adducing cogent evidence.
Case is adjourned to 31/07/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Plaintiff present.
None present for Defendant.
Court Commissioner, advocate Mr. Ashish Naik present and filed report of commissioner about cross examination of PW-1, t.o.r. and marked as Exh.4A.  Commissioner\''s report be annexed to affidavit of examination in chief of PW-1 i.e. to Exh.4 along with cross examination of PW-1, if any recorded by the court.  Copy of Exh.4A is served by Commissioner upon Plaintiff who is present in the court and the copy of said report is kept on record so that it can be given to Defendants advocate.  Sheristedar is directed to provide said copy to Defendants advocate as soon has he come to the court.  As Court commissioner has filed his report he is discharged and if required he will be again appointed for recording cross examination of further witness. Plaintiff is directed to consult his advocate and inform to the court that whether Plaintiff is going to file evidence closure pursis today.
K.B.
L.O.
Advocate for Plaintiff present and submitted that Notice of Motion no.715/19 is pending for order and after its decision, Plaintiff will decide to file evidence closure pursis or already filed evidence closure pursis can be considered.
K.B. for order.
L.O.
Advocate Mr. S. K. Jain for Defendant present.  Copy of Court Commissioner\''s report tendered by commissioner for handing over it to Defendant\''s advocate is given to Defendant\''s advocate.
Court is busy in dictating NM order in suit no.2489/12 and Chamber Summons order in suit no.9480/93, hence case is adjourned to 09/08/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 26/08/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: None present for Plaintiff.
Advocate Darshan Bafna for Defendant no.1 present
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion No.175/19 stands dismissed / disposed off.
Case is adjourned to 20/09/2019 for Defendant\''s evidence.
Nature Of Disposal: DISMISSED
Disposal Date: 26-08-2019

Main Case No: SUIT/0105914/2005
Main Cnr: MHCC010063612004
Main Filing No: 111447

Registration Number: 100175/2019
Transfer Date: 08-03-2019
From Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Registration Number: 100175/2019
Transfer Date: 16-03-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 100556/2019
Filing Date: 14-01-2019
First Hearing Date: 07th February 2019
Decision Date: 26th August 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE