Date: 18-08-2022
Business: None for plaintiff.
None for defendant
Plaintiff is directed to issue writ of summons to defendant.
Time is extended for service of writ of summons.
Matter is adjd.to 19-10-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Exh.01 Plaint
Exh.02 Vakalatnama
Exh.03 Memorandum of address
Exh.04 List of documents.
Adv. Urvi Doshi for plaintiff present and filed affidavit of
service with original writ of summons and one closed
return envelope t.o.r. marked as Exh.5
None for defendant
Issue fresh writ of summons to the defendant for service through bailiff either personally or by pasting of writ of summons.
Matter is adjd.to 17-12-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Urvy Doshi for plaintiff present and filed fresh original writ of summons with bailiff report t.o.r. marked as Exh.6
None for defendant
Matter is adjd.to 16-01-2023 for ex parte order.
Next Purpose: ORDER
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: None for plaintiff.
None for defendant
Defendant has been duly served with writ of summons as per bailiff report on writ of summons Exh. 6, but he failed to appear. Hence, suit to proceed ex-parte against defendant.
LO at 12.00 pm.
Adv. Urvi Doshi h/f Adv. Radhika Aror for plaintiff present.
Matter is adjd.to 27-02-2023 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv.Urvy Doshi h/f Adv. Radhika Arora for plaintiff present and filed evidence affidavit of PW - 1 Baburao Bhagwan Parab t.o.r. marked as Exh.7
None for defendant
Matter is adjd.to 30-03-2023 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Urvy Doshi h/f Adv. Radhika Arora a/w plaintiff present.
None for defendant
Chief-Examination of PW - 1 Baburao Bhagwan Parab ON Exh. 7 by Advocate Urvy Doshi for plaintiff
commenced and completed after administering oath to the witness.
Documents filed with the plaint are marked as Exh. 8 to 16.
Cross-Examination by defendant no. 1 when called absent till 12.50 pm. Hence, no cross examination order is passed against defendant no. 1.
Re-examination - Nil.
Adv. Urvy Doshi h/f Adv. Radhika Arora a/w plaintiff present and filed evidence close pursis t.o.r. marked as Exh.17
Matter is adjd.to 15-04-2023 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Urvy Doshi h/f Adv. Radhika Arora for plaintiff present and filed written notes of argument t.o.r. marked as Exh.17
None for defendant
Matter is adjd.to 26-04-2023 for ex parte judgment. 4.00pm.
Next Purpose: JUDGMENT
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Urvy Doshi h/f Adv. Radhika Arora for plaintiff present
None for defendant
Exh.18 - Ex-parte Judgment.
F.R.S.R. following order is passed -
- ORDER -
1. Suit No. 1663/2012 is partly decreed.
2. It is hereby declared that the plaintiff is in continuous, uninterrupted and peaceful possession of the suit premises consisting of room No.05, in Chawl popularly known as Sitaram Mata Badalsonar Chawl, being lying and situated at Utkarsh Nagar, in Bhandup West, Mumbai - 40078 admeasuring 10 feet x 10 feet since 1982 and thereby making his rights, title, interest and claim in respect of the suit premises valid, legal, subsisting enforceable and binding upon the defendant and thereby extinguishing rights of the defendant over the suit premises.
3. The defendant is permanently restrained from taking forceful possession of the suit premises and to transfer, alienate and assign the suit properties in favour of the plaintiff by allowing him to enjoy vacant and peaceful possession of the suit premises.
4. Parties shall bear their own costs.
5. Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 26-04-2023