Date: 25-01-2019
Business: Advocate Mr. Pratap Singh for Plaintiff present and submitted that, reply of NM taken out by Defendant is ready, Plaintiff is on the way for affirmation of said reply hence as soon as reply will be affirmed it will be filed in the Court.
Advocate Ms. Hajare for BMC/Deft present and filed additional affidavit to the Notice of Motion, t.o.r. She also filed original NM No.366/19 with affidavit in support, t.o.r.
L.O. at 4.15 p.m.
Advocate Mr. Pratap Singh for Plaintiff present and submitted that, Plaintiff is yet to come for affirmation of reply and matter may be kept on 29/01/2019. Hence case is adjourned to 29/01/2019 for NM reply and NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Advocate Mr. Pratap Singh for Plaintiff present and filed reply to NM taken out by Defendant/BMC.
Advocate for BMC/Deft present.
Heard argument about NM No.3366/2019. Defendant\''s advocate submitted that after obtaining ad-interim order Plaintiff has continued with the construction of suit premises and it is necessary to appoint court commissioner to verify the fact that at present whether the construction on suit premises is as per disputed notice or whether additional construction is made by Plaintiff or whether construction work is in progress.
Learned advocate for Plaintiff submitted that, if Defendant will file report of its officer about the progress in the construction work court can peruse said report and court also can peruse the photographs which will be filed by the Plaintiff hence, court commissioner is not necessary to be appointed in the matter. Heard arguments.
Case is adjourned to 30/01/2019 for order on NM.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Advocate Mr. Pal for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier order to continue till next date.
Court is busy in dictating judgment in suit no.574/06, hence case is adjourned to 31/01/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 31-01-2019
Date: 31-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Adjd.
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 02-02-2019
Date: 02-02-2019
Business: Advocate Mr. Pratap Singh for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present.
F.R.S.R. following order has passed -
ORDER
1. Notice of Motion No.366 of 2019 is made absolute in terms of prayer (a).
2. Registrar City Civil Court, Mumbai is directed to appoint Commissioner for inspection of suit premises situated at Sayyed Abbas Safi Mohamed Chawl, Opposite Badi Masjid, Haji Karamatali Road, Qureshi Nagar, situated at plot from survey no.275, Hissa no.4, Village Kurla, Taluka Kurla, Mumbai Suburban District, Kurla (east), Mumbai.
30The Commissioner is directed to inspect suit premises in presence of the parties or their advocates by giving notices to the parties or their advocates in respect of date and time of commission.
4.The Commissioner is directed to inspect the present condition of suit premises and to report the court that whether the construction of suit premises is in progress or not.
5.Defendant/BMC is directed to bear the cost of Rs.3000/- for appointment of commissioner.
6.The Registrar, is directed to request concerned Police Station for providing police protection to the Commissioner for execution of the commission work peacefully. Parties are directed to co-operate commissioner.
7. Commissioner is directed to file the report on or before 07/02/2019.
Parties to act upon authenticated copy duly signed by Sheristedar.
Case is adjourned to 07/02/2019 for report of Commissioner\''s report
Nature Of Disposal: ALLOWED
Disposal Date: 02-02-2019