Amrish Rasiklal ShahVsMr. Naushad Nooralo Keshwani +3 more

Date: 11-02-2020
Business: Adv. Barot for plaintiff present and tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy served to other side.
Adv. Ganesh Singh for defendants no. 2 and 3  present.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adv. Ganesh Singh for defendants no. 2 and 3  present.and tendered vakalatnama t.o.r. Its marked at Exh.5
Order on Ad-interim relief
Perused notice of motion, contents of plaint, documents annexed thereto and heard both sides. The alleged incident of dispossession from the suit premises is of 28-12-2019. The prayer is for appointment of court receiver and opportunity  of filing reply will have to be given to the other side before passing any order. Hence, the defendant to file reply on next date.
Adjd to 28-02-2020  for NM reply.
Next Purpose: REPLY
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Aparna Sonawane for plaintiff present and filed original NM no. 703/20 along with affidavit.
Adv. Pathak for defendant no. 1 to 3 present.
Adv. Priyanka Bhandari for defendant no. 4 present and seeks time to file WS. Time granted.
By consent, Matter stands Adj for filing WS to 12.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. Sonawane for plaintiff present.
Adv. Ganesh Singh for defendant no. 1 to 3 present.
Adv. Bhandari for defendant no. 4 present and filed VP and WS.
Vakalatnama filed on behalf of defendant no. 4.
Written statement filed on behalf of defendant no. 4.
Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
By consent, Matter stands Adj for filing WS of defendant no. 1 to 3 to 21.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present.
The matter is adjourned to 06.02.2021 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None present.
Defendants no.1 to 3 failed to file Written Statement.
The case is adjourned to 05.03.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Advocate Ms. Aparna Sonawane for plaintiff present.
None for defendants.
Defendants 1 to 3 did not file Written Statement. Suit to proceed without Written Statement of defendants no. 1 to 3.
The case is adjourned to 20.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to COVID-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Matter called out at 04.19 p.m.
Adv. D. A. Barot for plaintiff present.
Adv. S. R. Pathak for Deft. No. 1 and 3 present. He is seeking time to file reply to the NM as well as to take appropriate steps for setting aside no WS order.
Matter stands adjourned to 09.11.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: CORAM :- H.H.J. SHRI K. M. JAISWAL (C.R.1)
(Matter pertains to CR No.3)
Adv. Aparna Sonawane I/b Adv. D. A. Barot for plaintiff.
Adv. S. R. Pathak for Deft. No.1 to 3 present. He tendered reply to NM No.703/20. TOR.
He also tendered WS. TOR. Exh.8.
Matter stands adjourned to 13.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Aparna Sonawane for plaintiff present. She tendered affidavit in rejoinder. TOR.
None present for defendant.
As court is busy in recording evidence in SU No.7250/05.
Therefore, matter stands adjourned to 11.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Matter called out at 3.15 p.m.
Adv. D. A. Barot for plaintiff present.
Adv. Pathak for defendant present. He accepted the copy of rejoinder.
Matter stands adjourned to 20.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Court is on leave, Hence board is discharged. Matter is adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Aparna Sonawane I/b Adv. D. A. Barot for plaintiff present. She is seeking time to argue. Time granted.
Adv. Ganesh Singh for defendant present.
By consent, matter stands adjourned to 26.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Aparna Sonawane for plaintiff present.
Adv. Girish Pawar for defendant present.
Both are seeking time. Time granted.
By consent, matter stands adjourned to 31.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. D. A. Barot for plaintiff present.
Adv. M. S. Singh h/f Adv. Pathak for defendant present. He is seeking time. Time granted.
By consent, matter stands adjourned to 05.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. D. A. Barot for plaintiff present.
Adv. Ganesh Singh for defendant present. He tendered adjournment application. TOR. Exh.09.
O-Allowed.
Matter stands adjourned to 21.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv. D. A. Barot a/w Adv. Aparna Sonawane for plaintiff present.
Adv. Shyamrishi Pathak for Deft. no.1 to 3 present.
Heard both the sides on NM No.703/2020.
Matter stands adjourned to 04.01.2023 for NM argument (p.h)/NM
order.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: None for plaintiff.
Adv. Priyank Shukla for defendant Nos.1 to 3 present and tendered additional submissions along with documents, TOR.
Matter stands adjourned on 06/02/2023 for NM argument (p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Court is on Leave.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv. D. A. Barot for plaintiff present.
Adv. Ganesh Singh for defendant present.
K.B.
Later on at 4.45p.m.
Advocate of plaintiff present.
Adv. Pathak for defendant present.
Matter stands adjourned on 03.04.2023 for NM argument P.H./order.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Advocate Ms.Aparna Sonawane i/b Advocate D.A. Barrot for plaintiff.
Advocate Mr.Ganesh Singh h/f advocte S.R. Pathak for defendant present.
F.R.S.R. Following order is passed :-
1.  Notice of Motion No.703/2020 in S.C. Suit No.356 of 2020, is
     hereby dismissed.
2.  Notice of Motion disposed off accordingly.
Matter stands adjourned on 27-06-2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: None for Plaintiff present.
Adv Ganesh Singh for defendant present.
Matter stands adjourned on  14-09-2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: NOB-TOB (By precipe) O- Allowed.
Adv Barot for Plaintiff present and filed copy of order passed by Hon\''ble High Court in Appeal from Order No. 470/2023 with interim Application No. 12856/2023 on dtd. 03.07.2023. TOR.
PC :-
1. Heard the learned Counsel for the appellant.
2. The learned Counsel for the appellant, on instructions, seeks leave to withdraw the appeal.
3. The learned Counsel for appellant, however, submits that the hearing of SC Suit No. 356 of 2020 be expedited. The learned Counsel further submits that the suit is now posted for settlement of issues.
4. The appeal stands disposed as withdrawn.
5. In view of disposal of the appeal, interim application does not survive and stands disposed.
6.  Since the suit is instituted under Section 6 of the Specific relief Act, the request for expedite hearing of the suit is reasonable. The learned Judge, City Civil Court, is requested to make an endeavour to decide the suit as expeditiously as possible, and preferably within a period of one year from the date of the settlement of issues.
Matter stands already adjourned on 14-09-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Adv D. A. Barot for Plaintiff present.
Adv Ganesh Singh for defendant present.
Writ received from Hon\''ble High Court in D.D. (A.O) No. Co712808 of 2021 dtd. 20.07.2023 in Appeal from Order No. 470/2023 with interim Application No. 12856/2023 on dtd. 03.07.2023. TOR. Marked Exh. 11.
PC :-
1. Heard the learned Counsel for the appellant.
2. The learned Counsel for the appellant, on instructions, seeks leave to withdraw the appeal.
3. The learned Counsel for appellant, however, submits that the hearing of SC Suit No. 356 of 2020 be expedited. The learned Counsel further submits that the suit is now posted for settlement of issues.
4. The appeal stands disposed as withdrawn.
5. In view of disposal of the appeal, interim application does not survive and stands disposed.
6.  Since the suit is instituted under Section 6 of the Specific relief Act, the request for expedite hearing of the suit is reasonable. The learned Judge, City Civil Court, is requested to make an endeavour to decide the suit as expeditiously as possible, and preferably within a period of one year from the date of the settlement of issues.
K.B L.O.
Adv S.R. Pathak for defendant present.
He is seeking time to file draft issues on next date. O- Time granted.
Matter stands adjourned on 03-10-2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv Apurva Pawar h/f Adv D.A. Barot for Plaintiff present.
Adv Satyavijay h/f Adv Patankar for defendant present and seeks time for filing draft issues. O- Time granted.
Matter stands adjourned on 23-10-2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: Adv Aparna Pawar present for Plaintiff.
Adv Kolhe h/f Adv Pathak present for Defendant.
Issues are framed. Exh.12
ISSUES
1. Does plaintiff prove ownership over the suit property ?
2. Does plaintiff prove that he was illegally dispossessed by defendants on 28/12/2019 ?
3. Is plaintiff entitled for the reliefs as sought ?
4. What order and relief ?
Matter stands adjourned on 06-11-2023 for filing affidavit and documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Advocate Aprnam Pawar present for Plaintiff
Advocate Tripathi present for Defendant.
Exhibit - 13 List of witness filed by plaintiff. Taken On Record.
Exhibit-14. Affidavit in chief of plaintiff. Taken On Record.
Exhibit -15 List of document filed by plaintiff. Taken On Record. Copies served on other side.
Defendant is directed to file reply to the documents on Plaintiff by serving copy of reply in advance.
Later on at 12.45 pm.
Advocate Aprnam Pawar present for Plaintiff.
P.W. is present.
Examination in Chief of PW-1 Amrish Rasiklal Shah is commenced and completed.
Issues framed on 23.10.2023. As per order by Honble High Court (Coram  N. J. Jamdar,  Judge) passed on dtd.03.07.2023 in Appeal From Order No. 470 of 2023 with Interim Application No. 12856 of 2023.
PC -
6. Since the suit is instituted under Section 6 of the specific Relief Act. the request for expedite hearing of the suit is reasonable. The learned Judge. City Civil Court is requested to make an endeavour to decide the suit as expeditiously as possible, and preferably within a period of one year from the date of the settlement of issues.
Matter stands adjourned on 21-11-2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Advocate Aparna h/f Advocate Barot present for Plaintiff.
None present for Defendant.
Kept back.. Later on at 12.05 pm.
Advocate Aparna h/f Advocate Barot present for Plaintiff.
Advocate Ganesh Singh for defendant present and filed reply to the documents Exhibit 15. Taken On Record.
Matter stands adjourned on 01-12-2023 for admission and denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Advocate D. A. Barot present for Plaintiff.
Advocate Pathak present for Defendant nos. 1 to 3.
Advocate for defendant no. 4 present.
Heard arguments.
The document at SR. No. 1 is original registered deed of conveyance referred in para 3 of Exhibit 14 and is marked at Exhibit 16.
The document at SR. No. 2  is original  affidavit cum surrender tenancy referred in para 4 of Exhibit 14 and is marked at Exhibit 17
The document at SR. No. 3  is original  affidavit cum surrender tenancy referred in para 5 of Exhibit 14 and is marked at Exhibit 18.
The document at SR. No. 4  is original  affidavit cum surrender tenancy referred in para 6 of Exhibit 14 and is marked at Exhibit 19.
The document at SR. No. 5  is original  affidavit cum surrender tenancy referred in para 7 of Exhibit 14 and is marked at Exhibit 20.
The document at SR. No. 6  is original  affidavit cum surrender tenancy referred in para 8 of Exhibit 14 and is marked at Exhibit 21.
The document at SR. No. 7  is letter of attornment referred in para 9 of Exhibit 14 and is marked at Exhibit 22.
The document at SR. No. 9  are original counter files (nine in number) issued to tenant Kavita by plaintiff referred in para 10 of Exhibit 14 and they are marked at Exhibit 23 to Exhibit 31 respectively.
The document at SR. No. 10  is property tax and receipts, however they do not tallied hence Plaintiff is at liberty to prove the document in evidence.
The document at SR. No. 11 are original electricity bill of suit premises in the name of plaintiff and his mother they have seven in number referred in para 13 of Exhibit 14 and they are marked at Exhibit 32 to 38 respectively.
The document at SR. No. 12 is original public notice issued in news paper in respect of suit premises by advocate of plaintiff referred in para 15 of Exhibit 14 and is marked at Exhibit 39.
The document at SR. No. 14  is O.C. of police complaint by plaintiff  referred in para 18 of Exhibit 14 and is marked at Exhibit 40.
The document at SR. No. 15  is office copy of advocates letter to defendant referred in para 23 of Exhibit 14 and is marked at Exhibit 41.
The document at SR. No. 16  is application under RTI by plaintiff to BEST along with the details furnished by BEST page no. 771 to 861 collectively referred in para 24 of Exhibit 14 and is marked at Exhibit 42 collectively.
The document at SR. No. 17  is letter of plaintiff to BEST  referred in para 25 of Exhibit 14 and is marked at Exhibit 43.
The document at SR. No. 18  is certified copy of roznama of Suit No. 287/2020 referred in para 26 of Exhibit 14 and is marked at Exhibit 44.
Matter stands adjourned on 13-12-2023 for cross examination.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. D.A. Barot for Plaintiff present.
Adv. S.R. Pathak for Defendant Nos. 1 to 3 present.
KB
PW-1, Amrish Rasiklal Shah Resumed on SA
Cross-examination of Amrish Rasiklal Shah by Advocate  S.R. Pathak for Defendant Nos. 1 to 3 commenced and deferred till next date.
Matter stands adjourned on 09.01.2024 for cross examination(PW-1)
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Advocate Aparna Pawar h/f Adv D. A. Barot for Plaintiff present.
Advocate Jyoti Baria h/f Advocate S.R. Pathak for defendant no.1 to 3 present.
Exhibit 45 Application filed by plaintiff for filing certified copy of plaint along with annexures and W.S. filed in SC Suit No. 2143/2019 (SC Suit No. 308 of 2022) Taken On Record. Order - Production is allowed.
Matter stands adjourned on 24-01-2024 for admission and denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Advocate Aparna Pawar h/f Advocate D. A. Barot for Plaintiff present.
Advocate Jyoti for defendant present.
Kept Back.. Later on at 4.10 pm.
Advocate D.A. Baroat for plaintiff present.
Advocate S.R. Pathak for defendant no. 1 to 3 present.
Certified copy of  in SU 308/2022  plaint along with W.S. filed below Exhibit 46 filed by plaintiff. Taken On Record.
The Learned Advocate for defendant has no objection to mark the document. Hence the Certified copy of  SU 308/2022 plaint along with W.S. marked at Exhibit 47.
Further cross-examination of Amrish Rasiklal Shah by Advocate S.R. Pathak for Defendant Nos. 1 to 3. is commenced.
Cross examination is deferred till next date due to paucity of time.
Matter stands adjourned on 12-02-2024 for R/E (P.H.)
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: At 11.15 am.
None for Plaintiff present.
None for defendant present.
Kept Back Later on at 12.33.
Advocate D.A. Barot for plaintiff present.
Advocate S.R. Pathak for Defendant Nos. 1 to 3 present.
PW-1, Amrish Rasiklal Shah Resumed on SA.
Further cross-examination of Amrish Rasiklal Shah by Advocate S.R. Pathak for Defendant Nos. 1 to 3 is commenced.
Cross examination is deferred till next date.
Matter stands adjourned on 21-02-2024 for further cross
examination.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: P. O. is on leave.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: Advocate Aprna Pawar h/f D.H. Thorat for Plaintiff present.
Advocate Jyoti Baria for defendant no. 1 to 3 present.
Kept Back.. Later on at 4.10 p.m.
Advocate D.A. Barot for plaintiff present.
Advocate S.R. Pathak for Defendant Nos. 1 to 3 present.
Witness PW. 1 is present.
Further cross-examination of Amrish Rasiklal Shah by Advocate S.R. Pathak for Defendant Nos. 1 to 3 is commenced and completed.
Matter stands adjourned on 05-03-2024 for further R/E.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Aparna Pawar for Plaintiff present and seeks time.
Adv. Jyoti Baria  for defendant present.
Matter stands adjourned on 12-03-2024 for R/E (P.H.)
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Adv. Aparna Pawar h/f Adv. D.A. Barot along with Plaintiff present.
Adv.  Pathak for defendant no. 1 to 3 present.
PW-2 Rajan Bhaskar Belchada on SA -
Exh.48 Affidavit of evidence of P.W. 2 filed by plaintiff. Taken On Record.
Examination in Chief of PW-2 Rajan Bhaskar Belchada is commenced and over.
Matter stands adjourned on 18-03-2024 for R/E (at 1.00 pm.)
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv. D.A. Barot for Plaintiff present.
Adv. Pathak for defendant no. 1 to 3 present.
P.W. 2 is present.
Cross-examination of PW-2 Rajan Bhaskar Belchada by Advocate Pathak for defendant no. 1 to 3 is commenced.
Cross-examination is deferred due to recess till 4.00 p.m.
Kept back.. Later on at 5.00 p.m.
Same appearance.
After recess cross-examination of PW-2 Rajan Bhaskar Belchada by Advocate Pathak for defendant no. 1 to 3 is commenced.
Cross-examination is over.
Exh.49 Ld. Adv. for plaintiff filed application. Taken On Record. O- other side to say.
Matter stands adjourned on 20-03-2024 for filing say on Exh.49 at
4.00 p.m.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Adv. Aparna Pawar h/f Adv. D. A. Barot for Plaintiff present.
Adv. Pathak for defendan present.
Exh.50. Say filed by defendant on Exh.49. Taken On Record.
Matter stands adjourned on 22-03-2024 for hearing on Exh.49.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Adv. D. A. Barot for Plaintiff present.
Adv. Pathak for defendant present.
Due to paucity of time matter is adjourned.
Matter stands adjourned on 04-04-2024 for order.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. A. Pawar h/f Adv. D. A. Baroat for Plaintiff present.
Adv. Jyoti Barai for defendant present.
Defendant no. 3 present.
Order below Exh. 49.
Perused the application and say. Heard both sides. The plaintiff has moved an application for issuance of witness summons to the concerned officer of BEST ans also to direct him to produce the details of electricity meter from the year 2016 to 2024 of Room No. 101 on 1st floor bearing consumer no. 367-049-010*6, Room No. 102 on 1st floor consumer no.  367-049-009, Room No. 201 on 2nd floor bearing consumer no.  367-049-015*5, Room No. 301 on 3rd floor bearing consumer no.  367-049-001*5, Room No. 401 on 4th floor bearing consumer no.  367-049-011*8.
The defendant has opposed the application by filing say below Exh.50 on the ground that the Court has not framed issue in respect of the aforesaid subject and the same is not under adjudication. It is further submitted that the letter mentioned in para no. 3, dtd. 17.02.2021 has been deposed by the plaintiff at the terms of his deposition. It is further submitted that the assertions sought to be made by the plaintiff is relevant to the issue frame by this Court and all this ground the defendants are seeking rejection of present application.
The Ld. Adv. for defendant has relied on Ponnayal Alias Lakshmi vs. Karuppannan (Dead) Through Legal Representative Sengoda Gounder and Another (2019) 11 Supreme Court Cases 800, the Hon\''ble Supreme Court has observed that Civil suits are decided on the basis of pleading and issues frame and parties to the suit can not be permitted to travel beyond the pleading.
It is seen that the issue in respect of the suit property is about the possession and ownership between both the parties. Though this Court is not framed issue in respect of the aforesaid subject, however the plaintiff with intent to prove his pleadings wants to examine the aforesaid witness. Though on the aforesaid subject, the issue is not framed but the same is relevant in respect of the case of the plaintiff as well as defendants. As per section 5 of the evidence Act the evidence can be adduced by the parties on the facts in issue and the relevant facts therefore I am of the view that the plaintiff can examine the aforesaid witness. I do not find that any prejudiced  will be caused to the defendants as they will get the opportunity of cross-examination. Considering the facts and circumstances, I proceed to pass following order :
ORDER
1. Application Exh. 49 is hereby allowed subject to witness bhatta.
2. Witness summons be issued to the Concerned officer of BEST, customer care, C ward Vidyut Building, 3rd floor, Opp. G. T. Hospital Pathakwadi, Mumbai- 400002.
3. The witness is directed to bring information and documents in respect of the aforesaid consumer number with him.
4. Application Exh.49 is disposed of accordingly.
Matter stands adjourned on 15-04-2024 for R/E.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Adv. D. A. Baroat for Plaintiff present.
Adv. Jyoti Barai for defendant present.
PW-3 Sumedha Shivanath Dongre is present.
Exh. 50 -Deposition of witness no. PW. 3.
Examination in Chief of PW-3 Sumedha Shivanath Dongre by Adv. D. A. Baroat for Plaintiff is commenced.
Examination in Chief is deferred till next date.
Matter stands adjourned on 24-04-2024 for R/E (P.H.)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: P. O. is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Adv. D. A. Barot for Plaintiff present.
PW-3 Sumedha Shivanath Dongre is present.
None for defendant present.
Kept Back..Later on at 12.10 p.m.
Adv. D. A. Barot for Plaintiff present.
Adv. Ganesh Singh i/b Adv. Pathak for defendant present.
PW-3 Sumedha Shivanath Dongre is present.
Further Examination in Chief of PW-3 Sumedha Shivanath Dongre by Adv. D. A. Baroat for Plaintiff is commenced.
Original record. The contents of copies are true and correct, therefore those are collectively marked as Exhibit 51 colly. (8 Certified copies).
65 B certificate, it is marked as Exhibit 52. (During Examination in chief those exhibits are marked)
On request of witness cross examination is deferred till next date.
Matter stands adjourned on 07-05-2024 for R/E (P.H) 12.30 p.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: P. O. is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: P. O. is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: Adv. D. A. Baroat for Plaintiff present.
Adv. Pathak for defendant present.
PW-3 Sumedha Shivanath Dongre is present.
Cross Examination of PW-3 Sumedha Shivanath Dongre by Adv. Pathak for Defendant is commenced.
Cross Examination of PW-3 is completed.
Exh. 53 Ld Adv. for plaintiff filed application for issue witness summons. Taken On Record. O - Other side to say.
Say filed by defendant.
Order below Exh.53
Perused application and say. The first floor, second floor, third floor and the forth floor are the commercial premises to which the licenses department of Mumbai Municipal Corporation C Ward has issued shop and establishment certificate. Therefore the plaintiff is willing to call and examine the concern officer from the aforesaid department. The issues are framed in respect of ownership and illegally dispossess by the defendant. The defendant have opposed the said application as it is vague and ambiguous. Considering the subject matter and the issues, opportunity is required to be given for proving the case of the plaintiff. Considering the facts and circumstances I proceed to pass following order -
ORDER
1.  Application Exh. 53 is hereby allowed subject to witness bhatta.
2.  Witness summons be issued to the concerned Officer of Licenses Department of
 C Ward of Mumbai Municipal Corporation.
3. The witness is directed to bring information and documents i.e. Shop and Establishment certificates in respect of first floor, second floor, third floor and the forth floor of the suit property for the period of year 2016 to 2024.
4.  Application Exh. 53 is disposed of accordingly.
Matter stands adjourned on 13-06-2024 for R/E (P. H.)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: P. O. is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Adv. D. A. Barot for Plaintiff present.
None for defendant present.
Witness P. W. 4 Ganesh Parshuram Penkar present.
Deposition of Witness No. PW-4 at Exh. 54.
Examination in Chief of PW- 4 Ganesh Parshuram Penkar by Adv. D. A. Barot for plaintiff is commenced and completed.
Document produced by PW.4 (during evidence). t.o.r. Exh. 55.
KB L. O. at 12.50 p.m.
Adv. D. A. Barot for plaintiff present.
Adv. Pathak for defendant present.
P.W. 4 is present.
Cross-examination of P.W.4 is commenced and completed.
Adv. for plaintiff filed an application for examine the witness through V/C as he is residing at Sally Cir, Miamisburg. t.o.r. marked as Exh.56. O - Allowed.
Matter stands adjourned on 24-06-2024 for R/E.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Adv. Aparna Pawar h/f Adv. D. A. Barot for Plaintiff present and filed adjournment application t.o.r. marked as Exh 57. O- Other side to say.
Adv. Pathak for defendant present and filed say on Exh.57 itself and opposed the application.
O - Considering the submission, one week time is granted.
Matter stands adjourned on 01-07-2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Adv.  D. A. Barot for Plaintiff present and filed adjournment application. t.o.r. marked as Exh. 58. O- Allowed.
None for defendant present.
The Ld. Adv. is seeking date and request the Court to keep the matter on 08.07.2024 for evidence.
Matter stands adjourned on 08-07-2024 for R.E.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Court is on Leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: Adv. Aparna Pawar h/f Adv. D. A. Barot for Plaintiff present and filed application for allow the witness through V/C . t.o.r. marked as Exh 59.
None for defendant present.
Matter stands adjourned on 24-07-2024 for R/E (P.H.)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Adv. Aparna Pawar h/f D. A. Barot for plaintiff present and tendered application for permission to the computer department of this Court to provide information  to Indian Counsellate marked as Exh. 60
Order on Exh. 60
           The Ld. Adv. for the plaintiff has filed this application for fixing the schedule of V.C. for recording evidence of the witness on 02.08.2024 at 4.30 p.m. and also seeking necessary directions to the Computer Department for making arrangement of the same. Already permission is granted to the plaintiff to examine the P.W. 5 on V.C. as per rules. Therefore necessary directions are given to the Computer Department separately. In view of the same this application is allowed.
Matter stands adjourned on 02.08.2024 at 4.30 p.m for R.E./P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-08-2024

Date: 02-08-2024

Date: 14-08-2024
Business: Adv. D. A. Baroat along with Plaintiff present.
Adv. Jyoti Barai h/f Adv. Pathak for defendant present and filed adjournment application. t.o.r. and marked as Exh.62.
Witness is present through V. C.
Both the side informed the Court that, settlement talks is going on between the parties.
Matter stands adjourned on 30-08-2024 for R/E (P.H).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: Adv. D.A. Baroat for Plaintiff present.
Adv. Pathak for defendant present.
Joint pursis filed by the both the parties that matter is likely be settled between the parties. t.o.r. and marked as Exh.63  O- Seen and filed.
Both the parties are seeking one month time.
Matter stands adjourned on 30-09-2024 for settlement (C.T).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: Adv. Aparna Pawar h/f Adv. D. A. Baraot along with Plaintiff present.
Adv. Jyoti Baira for defendant present.
By consent, matter stands adjourned on 07-10-2024 for filing C.T.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Matter pertains to CR. No.03.
Plaintiff along with his Adv. D. A. Barot is present.
Defendants No.1 to 3 alongwith their advcate Ganesh Singh are present.
They tendered the consent terms along with documents. TOR and marked as Exh.64. Plaintiff and defendants Nos.1 to 3 admitted their respective signs on the consent terms and its entire contents to be true and correct. Verified R, and R.
Plaintiff also filed an application to withdraw the suit against the defendant No.4. He admitted his sign and entire contents of this application to be true and correct. TOR and marked as Exh.65 O - Other side to say.
Matter is adjourned for filing say on Exh.65 to 09-10-2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Adv. Aparna Pawar h/f Adv. D.A. Baroat for Plaintiff present.
None for defendant present.
ORDER BELOW EXHIBIT 1.
Plaintiff and defendant no. 1 to 3 have filed consent terms (Exhibit 64). The in-charge Court has verified and recorded the Terms and Conditions. All the parties have admitted contents of the same. In view of the Consent Terms plaintiff wants to withdraw suit against the defendant no.4. In view of Consent Terms and withdrawal application, following order is passed
ORDER
1. The application (Exh.65) is hereby allowed.
2. Suit No. 356 of 2020 is disposed of against defendant no. 4 as withdrawn.
3. Suit No. 356 of 2020 is hereby decreed as per Consent Terms (Exhibit-64).
4. Decree be drawn up accordingly.
5. No order as to costs.
6. Court fees be refunded as per rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 09-10-2024

NOTICE OF MOTION/100703/2020

Filing Number: 101324/2020
Filing Date: 29-01-2020
First Hearing Date: 11th February 2020
Decision Date: 09th October 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE