Date: 03-03-2018
Business: Adv. Ms. Pragya for plaintiff present.
Time extended for service of writ of summons.
Matter adj. for Writ of Summons to 20.06.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Adv. Ms. Shradhha Patil for plaintiff present and filed original writ of summons.
Adv. Pathan for defendant present and filed VP on behalf of defendant.
Defendant is granted four weeks as last chance to file written statement.
Matter adj. for Compliance to 24.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Adv. Ms. Pooja Kambli for plaintiff present.
None for defendant.
Kept back
Later on at 1.10 pm.
Adv. Ms. Pooja Kambli for plaintiff present and filed two draft notice of motion alongwith affidavit. Copies served to other side.
Leave granted to register two draft notice of motion.
Adv. Pathan for defendant present and filed draft notice of motion alongwith affidavit. Copy served to other side.
Leave granted to register draft notice of motion.
Ld. Counsel for plaintiff filed application under Order VIII, rule 10 of CPC.
Matter adj. for Filing Say on Application and NM Reply to 26.11.2018.
Next Purpose: FILING SAY
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Adv. Ms. Tejaswini Nadar for plaintiff present and tendered original notice of motion no.4327/2018 and 4328/2018 alongwith affidavits.
She filed reply in draft notice of motion filed by defendant.
Time extended to register the draft NM as a last chance to defendant.
Matter adj. for Compliance to 18.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. Ms. Mishra for plaintiff present.
Adv. Pathan for defendant present.
Original notice of motion is not tendered by defendant.
Kept back. Later on at 3.40 pm. Adv. Ms. Mishra for plaintiff present.
Adv. Arote with Adv. Pathan for defendant present.
Since last chance was granted to tender the original NM on 26.11.2018, further time is granted subject to payment of cost of Rs.1000/- to the plaintiff.
Time granted as a last chance for filing reply in the NM.
Matter adj. for Compliance, NM reply and NM Hearing to 24.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Not on Board Taken on Board By Precipe
Adv. Mohsin Patan for defendant present and filed original notice of motion no.4475/2018 along with affidavit. He also produced the ack. of payment of cost of Rs.1000/- to the Ld. Counsel for plaintiff. It is returned to the Ld. Counsel for defendant after perusing.
matter already adj. to 24.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv. Mishra for plaintiff present.
Defendant present and seeks time as her advocate is not present. Time granted.
Heard Ld. counsel for plaintiff on NM 4327/18 and 4328/18.
Matter stands Adj for reply to NM and hearing on 21.08.19.
Next Purpose: REPLY
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Shraddha Mishra for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff. It is submitted that the defendant is delaying the matter and has not reply to the NM 4327/18 and 4328/18 inspite of giving several chances. Hence, it is submitted that NM 4327/18 and 4328/18 may kindly be allowed and NM 4475/18 filed by the defendant for condonation of delay in filing the WS may be rejected.
Perusal of the record shows that the defendant has not been delegent in conducting the case and has failing submitting the reply to the NM 4327/18 and 4328/18. Hence, the right of the defendant to file the reply stands forfeited and the above motions to proceed without reply of the defendant.
Matter stands Adj for hearing and order on NM 4327/18, 4328/18, 4475/18 and Ex-3 to 13.09.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Shraddha Mishra for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff. She submitted that NM no. 4327/18 and 4328/18 for seeking interim relief of injunction and directions against the defendants, have proceeded without reply of defendant. The NM no.4475/18 has been filed by the defendant for condonation of delay in filing WS. However, the defendant is absent and delaying the matter. Hence, NM no. 4327/18 and 4328/18 may be allowed and NM 4475/18 may be rejected. She further submitted that the application under order 8 rule 10 of CPC filed by the plaintiff vide Ex-3 is pending. It may also be decided.
The application at Ex-3 is premature at this stage due to the pendancy of Nm no. 4475/18. It will have to be kept for hearing and order on next date.
Matter stands Adj for order on NM no. 4327/18, 4328/18 and 4475/18 and hearing and order on Ex-3 to 27.09.19.
Next Purpose: ORDER
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: None present for plaintiff and defendant.
FRSR following order is passed below on NM no. 4327/18.
ORDER
1.Notice of Motion No.4327/2018 is hereby allowed.
2.The plaintiff is permitted to carry out repair work in the suit flat i.e. B-507, 2nd floor, 10 Sardar Nagar no.1, Jaishankar, Yagnik Road, Sion-Koliwada, Sion(E), Mumbai 400 022 as per notices received from Sardar Nagar Pragati CHS nand Mumbai Housing.
3.The defendant is directed to allow the labourers of the plaintiff to carry out the repair work of the suit flat without any hindrance.
4.In case of any obstruction from the defendant to carry out the repair work, the plaintiff shall be entitled to seek police aid, if required.
N/M stands disposed of accordingly.
FRSR following order is passed below on NM no. 4328/18
ORDER
1.Notice of Motion No.4328/2018 is hereby allowed.
2.Defendant herself, , her servants, agents, representatives are hereby restrained temporarily from creating any 3rd party interest in the suit flat during pendency of the suit.
N/M stands disposed of accordingly.
FRSR following order is passed below on NM no. 4475/18
ORDER
1.Notice of Motion No.4475/2018 is hereby dismissed.
2.IT is held that, the defendant has failed to make out case for condonation of delay of 124 days in filing WS from receipt of writ of summons.
N/M stands disposed of accordingly.
Matter stands Adj for writ of summons to 14.11.19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Court is busy in dictating Judgment in suit no. 3117/07.
Hence, board is discharged.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: The court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-04-2020
Date: 10-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: None present.
The case is adjourned to 10.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: None present.
KB
LO at 5.00pm
None present.
The case is adjourned to 05.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Advocate Ms.Isha Singh h/f adv. Agarwal for plaintiff present.
None for defendant.
Defendant has failed to file Written Statement and NM No. 4475/18 filed by defendant is also dismissed long back.
Considering the circumstances matter be listed for no written statement evidence.
The case is adjourned to 29.04.2021 for no written statement evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Court is vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Matter called out at 11.47 a.m.
None present.
Matter stands adjourned to 04.01.2022 for Evidence.
Later on at 01.49 p.m.
Defendant in person present.
Adv. Rahul Arote for defendant present.
Matter already adjourned to 04.01.2022.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Matter called out at 11.48 a.m.
Plaintiff in person present.
Adv. Dhara Shah h/f Satish Agarwal for plaintiff present. She tendered evidence on affidavit. TOR. Exh.4.
A/w documents as per list. TOR. Exh.5.
Plaintiff undertakes to serve the other side.
None present for defendant.
Matter stands adjourned to 28.02.2022 for admission denial/
Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Mamta Tiwari for plaintiff present.
Adv. Rahul Arote for defendant present.
As court is busy in dictating judgment in SU No.9284/00.
Matter stands adjourned to 04.04.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Matter called out at 11.22 a.m.
Adv. Karishma Sotikuvar for plaintiff present.
Adv. Mohsin P. for defendant present.
Defendant informed that he has challenged order dated 27.09.2019, rejecting filing WS. Hence, put up matter 04.07.2022.
Matter stands adjourned to 04.07.2022 for evidence.
later on at 12.48 p.m.
Defendant in person present.
Already adjourned to 04.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Karishma Satikuvar hf Adv. Satish Agarwal for plaintiff present. She is seeking time for adducing further evidence.
None present for defendant.
Matter stands adjourned to 18.08.2022 for evidence.
Later on at 12.32 p.m.
Defendant in person present.
Already adjourned to 18.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present.
Matter stands adjourned to 16.11.2022 for evidence.
Later on at 12.13 p.m.
Adv. Mamta Tiwari for plaintiff present. She tendered closing pursis. TOR.
Exh.06
She also tendered application for no cross against the defendant. TOR.
Exh.07.
O-Put up for no cross order.
Already adjourned to 16.11.2022.
Later on at 1.05 p.m.
Defendant in person present.
Already adjourned to 16.11.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Plaintiff a/w Adv. Mamta Tiwari present.
None present for defendant.
K.B.
Later on at 12.40 pm.
Plaintiff a/w Adv. Mamta Tiwari present.
Say on documents not filed by defendant till date, hence proceed without say.
Matter stands adjourned to 06.01.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: As court is on leave, board discharged.
Hence, matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. Dhara Shah for plaintiff present.
Defendant in person present.
Heard advocate of plaintiff.
Matter stands for hearing on Exhibiting document and already proceeded without reply of defendant.
On perusal of documents it appears that documents at serial No.1 to 8 are the original documents. Hence, it be exhibited. Also, the plaintiff has filed certificate U/S 65B to prove the track report of the notice which is get printed from the Internet. Hence, the 65B certificate is also be exhibited.
1. The documents at serial No.1 is the copy of registered Gift deed dated 08/05/2015. TOR. Exh-08.
2. The documents at serial No.2 is the copy of the Share Certificate. TOR. Exh-09.
3. The documents at serial No.3 is the copies of maintenance receipt. TOR. Exh-10.
4. The documents at serial No.4 is the copies of the letter dated 18/01/2015, 21/07/2014 and 08/12/2015. TOR. Exh-11.
5. The documents at serial No.5 is the copy of th letter dated 19/12/2016. TOR. Exh-12.
6. The documents at serial No.6 is the copy of the said Legal notice dated 28/11/2017. TOR. Exh-13.
7. The documents at serial No.7 is the copy of the proof of dispatch of the said legal notice. TOR. Exh-14.
8. The documents at serial No.8 is the copy of the track report. TOR. Exh-15.
The documents filed a/w Exh-05 is the certificate of the plaintiff U/S 65B of Indian Evidence Act a/w affidavit in support. TOR. Exh-16.
Matter stands adjourned on 19.04.2023 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Plaintiff a/w Adv. Mamta Tiwari present.
Adv. Tanvi Mahadik for defendant present. She tendered application for adjournment. TOR. Exh-17. Adjournment granted.
Matter stands adjourned on 10.07.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Adv Mamta Tiwari a/w Plaintiff present.
None for defendant present.
Matter stands adjourned on 13-09-2023 for no cross order.
Next Purpose: ORDER
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv Mahavir h/f Adv S.Agarwal for Plaintiff present.
None for defendant present.
Witness is present.
Matter is pending for cross examination since 19.04.2023, hence no cross order is passed against the defendant.
Matter stands adjourned on 08-11-2023 for further evidence of
Plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO.61
his Court is formed on 02.01.2024.
Matter transferred from CR No.3
None for plaintiff.
None for defendant.
LO at 1.10 pm
Adv. Vaibhavi Patil for plaintiff present and filed closing evidence pursis tor and marked as Exh.18 O- Seen.
Matter adjourned for recording evidence by defendant P. H. to 13-02-2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: The court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Dhara Majithia I/b Adv. Satish for plaintiff present.
None for defendant. No evidence filed hence, posted for further order against defendant.
Matter adjourned for further order /recording evidence by defendant P.H. to 07-05-2024.
Next Purpose: ORDER
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Riddhi Vora for plaintiff present.
None for defendant. No evidence tendered hence, posted for no evidence tender order against defendant.
Matter adjourned for passing no evidence tender order against defendant to 01-07-2024.
Next Purpose: ORDER
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: PO is on leave in 1st half session
Next Purpose: ORDER
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Riddhi Vora a/w Adv. Yash Tated for plaintiff is present. She prays to pass no evidence order against defendant.
None for defendant.
The roznama shows that plaintiff closed her evidence on 19.01.2024. Since then the matter is pending for adducing evidence by the defendant. But she is absent. Hence, right of defendant to adduce her evidence is forfeited and her evidence is closed.
Matter adjourned for final arguments to 20-09-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
KB for final arguments.
LO at 11.17 am.
None for plaintiff.
None for defendant.
KB for final arguments.
LO at 1.40 pm.
Adv. Satish J. Agarwal for plaintiff is present.
Court is busy in recording evidence in Su. No.1037 of 2014 and passing order in EA No.158/19.
Matter adjourned for final arguments to 10-10-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Priyanka Nair h/f Adv. Satish Agarwal for plaintiff is present and she submitted written notes of arguments. TOR and marked as Exh.19. O- Seen and filed. Copy of defendant is kept in record.
None for defendant.
Matter adjourned for final arguments by defendant P.H. to 19-10-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
KB. for final arguments.
LO at 1.47 pm.
None for plaintiff.
None for defendant.
Matter adjourned for final arguments to 16-11-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
KB. LO at 12.59 pm.
None for plaintiff.
None for defendant.
Today the suit is fixed for final arguments of defendant. But it is seen that the Notice of motion taken out by defendant for condonation of delay for filing W.S. bearing NM No. 4475 of 2018 came to be dismiss on 27.09.2019. As such there is no written statement of defendant on record. Though the plaintiff has filed written notes of arguments, oral arguments are required to be heard. Hence, Matter adjourned for oral arguments of plaintiff P.H. to 28-11-2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: None for plaintiff.
None for defendant.
K.B.
Later on at 4.56 p.m.
None for plaintiff.
None for defendant.
Matter adjourned for judgment to 02.12.2024.
Next Purpose: JUDGMENT
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: None for plaintiff.
None for defendant.
Exh.20 - Judgment.
F.R.S.R. following order is passed in Suit No.449/2018.
ORDER
1. Suit is decreed with costs.
2. The defendant shall hand over vacant and peaceful possession of the suit property to the plaintiff, within 3 months from the date of this order.
3. Decree be drawn accordingly.
4. Accordingly, S. C. Suit No. 449/2018 stands disposed off.
Operative order is pronounced in open Court.
Nature Of Disposal: DECREED
Disposal Date: 02-12-2024