Date: 11-02-2020
Business: Adv. Ravindra Singh for plaintiff is present.
Adv. Khatib for defendant no. 1 to 4 is present.
By consent matter is adjd. for tendering registered N/M /nm service to 24/04/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: national lock down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Date: 05-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv Ravindra Singh present for plaintiff.
Adv Sachin Kadam present for defendants.
F.R.S.R. following order is passed on Notice of Motion No. 1760/2021
ORDER
1) Notice of Motion No. 1760/2021 is made absolute.
2) Notice of Motion No. 524/2020 be restored to its original stage
3) Notice of Motion No. 1760/2021 is disposed off accordingly.
Matter adjourned for service of NM no. 524/2020 and reply to 18.01.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: None present for plaintiff.
Adv. Khatib present for defendants and submitted that NM 524/20 is not served.
As plff and their adv is absent.
Matter adjourned for service and reply to15.02.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: None present for plaintiff.
Adv. Khatib present for defendants.
As plaintiff and his adv. are absent, Matter adjourned for service and reply to nm to 06/03/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Ravindra shingh present for plaintiff.
Adv. Khatib present for defendants.
Copy of Notice of Motion no. 524/2020 is served to the defendants today.
Matter adjourned for nm reply to 17/03/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None present for plaintiff.
None present for defendants.
KB
Adv Ravindra Singh present for plaintiff. CA of plaintiff also present.
Adv Khatib present for defendants and sought time to file reply.
Matter adjourned for reply to 11/04/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Neha pandey present for plaintiff.
Adv. Priyanka gavkar hf. Adv. khatib present for deff./STATE and sought adjournment for filling reply.
Matter adjourned for reply/no reply order to 02/05/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Adv. Singh present for plaintiff.
None present for defendants.
Defendant/State failed to file reply to notice of motion No.524/2020 .Notice of Motion No.524/2020 to proceed without reply of defendants/State.
Matter adjourned for NM Hearing to 25.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv Devki Shahu h/f Ravindra Singh present for plaintiff.
None present for defendant.
Matter adjourned for NM Hearing to 14/8/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: C.A. of plaintiff present.
Adv. Ravindra Singh present for plaintiff.
Adv. Khatib present for defendant/State.
Matter adjourned for NM Hearing to 30.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: C.A. of plaintiff present.
Adv. Mahima Sharma h/f. Adv. Ravindra Singh present for plaintiff.
None present for defendants.
Matter adjourned for NM Hearing to 20.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: Adv. Ravindra Singh present for plaintiff. He prays for an adjournment. Plaintiff directed to advance argument on notice of motion No.534/2020 on next date positively otherwise adverse order shall be passed.
Adv. Khatib present for defendants.
Matter adjourned for NM Hearing as last chance to 07.12.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Mr. Ashok Ananta Salunke, C.A. of plaintiff is present.
Adv. Ravindra Singh present for plaintiff.
Matter adjourned for NM Hearing as last chance to 15.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Mr. Ashok Ananta Salunke, C.A. of plaintiff is present.
Adv. Ravindra Singh present for plaintiff.
Adv. Khatib present for defendant/State.
Order on Notice of Motion No.524 of 2020
Perued notice of motion, affidavit in support of it and written statement. I have heard learned counsels of both sides. It is contention of learned counsel of plaintiff Shri. Singh that plaintiff is a social worker. He is serving society by providing education to people. His trust is taking care of suit plot since last 40 years. State of Maharashtra is owner of suit property. Plaintiff requested defendants to safe guard suit property by removing encroachers and trespassers. But defendants did not take any action against encroachers therefore plaintiff filed this notice of motion for appointment of court commissioner to visit suit site and submit his report about possession of the suit site.
Shri. Khatib learned counsel for defendants submitted that this suit was filed in 2008. Issues were framed in 2011. Now this notice of motion is filed to prolong the suit. Commissioner cannot be appointed to ascertain possession of possession over suit property. This notice of motion is beyond scope of order 26 rule 9 of Civil Procedure Code. Plaintiff has not locus standi to file such notice of motion. He prayed for rejecting this notice of motion with cost.
I have thoughtfully considered submissions of both sides. It appears suit was filed in 2008. Issues were framed in 2011, thereafter affidavit of examination in chief was also filed, thereafter this notice of motion was taken. This notice of motion is also pending from year 2020. Admittadly plaintiff is not owner of suit property. He claims that he is protecting suit property from trespassers. But he avoids to say that he is also a trespasser. Order 26 Rule 9 of C.P.C. deals with appointment of court commissioner for making local investigation. Ascertainment of possession is not mentioned in Rule 9. Plaintiff has to prove his contentions by adducing evidence on record. Rule 9 of order 26 of C.P.C. cannot be utilised to collect evidence of possession of suit property. With these observations I pass following order
ORDER
1. Notice of Motion No.524 of 2020 is rejected.
2. Notice of Motion No.524 of 2020 stands disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 15-01-2024