Date: 12-02-2018
Business: Since the P.O. is on official training from 12.02.2018 to 24.02.2018, the matter adj. for Direction to 04.06.2018.
Next Hearing Date: 04-06-2018
Date: 04-06-2018
Business: Adv. Tanvir Shaikh for plaintiff present and tendered original chamber summons no. 505/2018 alongwith affidavit.
He also filed affidavit of service in respect of D-1 to 3.
The envelopes are received with the endorsement \''unclaimed\''. Hence the D-1 to 3 are deemed to be served with the chamber summons. Ld. Counsel for plaintiff undertakes to serve the D-1 to 3 with the writ of summon by next date.
Date extended for writ of summons.
Adv. Joshi for D-4 to 6 and proposed D-7(a) to D(c) and D-8 to 10 filed VP.
The chamber summons no. 505/2018 is filed by the plaintiff for permission to bring on record the legal heirs of deceased D-7 who expired on 10.12.2017. This chamber summons is filed on 1.3.2018. Thus the chamber summons is filed within time. Ld. counsel for proposed legal heirs has no objection to allow the chamber summons. Hence chamber summons no. 505/2018 is made absolute in terms of prayer clauses (a) and (b). Necessary amendment be carried out in two weeks. Amended copy of plaint be supplied to the other side by next date.
Written statement be filed by next date.
Matter adj. for Compliance to 09.07.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: P-1 present. Adv. for pltff absent.
None for D-1 to 3.
Adv. G.M. Joshi for D-4 to 10 present and filed written statement. copy is served to the plaintiff. WS is TOR and marked as Exh.3.
As per the affidavit of service filed by the plaintiff, D-1 is served as per the tracking report. The envelope of D-2 is unclaimed. Hence, D-2 is deemed to be served. D-3 has refused the service, hence, D-3 is served.
The original envelopes are returned to the plaintiff.
Amendment is carried out as per order dated 04.06.2018 and amended copy is served to the Ld. counsel for D-4 to 10.
Plaintiff in person filed draft NM. TOR. Leave granted.
Adjd on 22.10.18 for reply and hearing on NM
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv Shaikh for plaintiff present and tendered original NM 2632/18.
Adv Joshi for defendant nos.4 to 6, and 7a to 7c and 8 to 10 and filed reply to NM. Copies of NM are served upon the defendants.
Adjd to 12.02.2019 for hearing NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Adv. Tanvir Shaikh for plaintiff present and filed affidavit of service.
Adv. Joshi for D-4 to 10 present.
As per the affidavit of service filed by the plaintiff, the envelopes issued to D-1 to 3 is returned with endorsement \''unclaimed\''. Hence notice of motion to heard exparte against D-1 to 3. The original envelopes are returned to the Ld. Counsel for plaintiff.
Matter adj. for NM Hearing to 10.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv. Tanveer Shaikh for plaintiff present.
Adv. Joshi for D-4 to 10 present.
By consent of ld. counsels of both the parties, Matter stands Adj for NM hearing to 17.07.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Adv. Tanvir Shaikh for plaintiff present.
Adv. J.M. Joshi for defendant no.4 to 10 present.
Heard both sides.
Matter stands Adj for order on NM 2632/18 to 30.07.19.
Next Purpose: ORDER
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Plaintiff no.1 present.
None present for defendant.
FRSR following order is passed below
ORDER
1.Notice of Motion No. 2632/2018 is hereby allowed.
2.Defendant no.1, his agents, representatives, servants etc. are hereby temporarily restrained from selling and disposing of the suit premises i.e. Flat no.302, Civic Centre, Opp. Sunshine Plaza, Mumbai Marathi Granth Sangrahalaya Marg, Dadar(E), Mumbai 400 014 during pendency of the suit.
3.Defendant no.1 is further directed not to create 3rd party interest in the suit premises during pendency of suit.
4.Since defendant no.1 has failed to turn up before the court, Ld. Counsel for the plaintiff is directed to communicate this order to defendant no.1 for his information and necessary compliance.
5.Sheristedar to do needful and provide authenticate copy of today\''s Roznama to the Ld. Counsel for the plaintiff for his information and necessary compliance.
N/M stands disposed of accordingly.
Matter stands Adj for filing WS to 20.09.19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Plaintiff present and he is on behalf CA of Defendant no. 4 to 10 present.
Defendant no. 1 to 3 absent.
Matter stands Adj for Written Statement to 22.10.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Tanvir Shaikh for plaintiff present.
Adv. G. M. Joshi for defendant no. 4 to 10 present.
Court is busy in dictated Judgment in suit no. 5926/07.
Hence, Matter stands Adj for filing written statement to 03.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Tanvir Shaikh for plaintiff present.
None present for defendant.
Matter stands Adj for filing Written statement to 21.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Plaintiff no. 1 present in person and filed affidavit of service along with documents.
Adv. G. M. Joshi for defendant no. 4 to 10 present.
As per affidavit of service, it is informed that the orders passed by this court were sought to be communicated defendant no.1 vide envelope Ex-A containing letter of advocate dated 22.08.2019 along with postal receipt Ex-B. As per endorsement on the sealed envelope, it has been returned with remarks unclaimed. It is Ex-C.
Application filed on behalf of the plaintiff for service on defendant no. 1 through court bailiff at the given address. O-application is allowed as prayed.
Matter stands Adj for report of service to 26.02.2020.
Next Purpose: REPORT
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Tanveer Shaikh for plaintiff present and filed original NM no. 2632/18 and bailiff report.
Bailiff report. TOR.
Adv. Joshi for defendant no. 4 to 10 present and submitted that these defendants are formal parties and They have already filed WS.
Ld. counsel for plaintiff submitted that as per bailiff report, order 30.07.2019 passed by this court has been communicated to defendant no.1.
As per roznama dated 09.07.2018, Ld. counsel for plaintiff had filed affidavit of service informing the court that the defendant no. 1 to 3 were served with the writ of summons and the NM. The envelope of defendant no. 2 was returned with intimation, as unclaimed and envelope of defendant no. 3 was refused and returned back. The service of defendant no. 2 and 3 was deemed service. In view of the above, on 12.02.2019 NM proceeded ex-parte against defendant no. 1 to 3. The defendant no. 4 to 10 have already submitted WS. Even as on today defendant no. 1 to 3 have failed to appear before the court and submit their WS. Hence, suit to proceed Ex-parte against them.
Matter stands Adj for framing issues to 20.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present.
Proceedings indicate that defendants 1 to 3 are proceeded exparte.
Defendants 4 to 10 have filed W/st at Exh.3 and have supported plaintiff\''s case.
Considering circumstances, issues need not be framed.
The case is adjourned to 11.02.2021 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Plaintiff no.1 present.
Advocate Tanvir Shaikh for plaintiff present and seeks time.
The case is adjourned to 26.03.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 10.06.2021 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Matter mentioned at 11.34 a.m.
Adv. Tanvir Shaikh for plaintiff present.
None present for defendant.
Plaintiff advocate tendered draft CS.
O-leave granted to register.
Plaintiff to serve copy to the other side.
Matter stands adjourned to 06.12.2021 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None present.
Adv. G. M. Joshi for Deft. No.4 to 10 present.
Later on at 4.08 p.m
Adv. Tanvir Shaikh for plaintiff present.
Adv. G. M. Joshi for Deft. No.4 to 10 present.
Plaintiff tendered reg. CS. No.1365/21 alongwith service affidavit.
TOR.
The acknowledgment shows that the Deft. No. 2 is served. In spite of
service none appeared, hence, CS to proceed without reply.
Envelope of Deft. No.1 returned with remark absent.
The service with respect to Deft. No.3 is awaiting.
Plaintiff to take appropriate steps.
Already adjourned to 28.02.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Tanvir Shaikh for plaintiff present. He tendered affidavit of service in CS. TOR.
Adv. G. M. Joshi for Deft. No.4 to 10 present.
As court is busy in dictating judgment in SU No.9284/00.
Matter stands adjourned to 06.04.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Matter called out at 3.26 p.m.
Adv. Tanvir Shaikh for plaintiff present.
Adv. G. M. Joshi for Deft. no.4 to 10 present. He has no objection if the CS is allowed.
Heard both the side.
Deft. no.1 to 3 although served but failed to appear. Deft. no.3 refused the service. The Deft. no.4 to 10 have no objection if the amendment is allowed.
The plaintiff filed instant suit seeking declaration and their share in the suit premises. Looking to the nature of suit and amendment sought, the proposed amendment does not change the nature of suit. Hence, CS is allowed.
Thus, I pass the following order.
CS No. 1365/2021 is allowed in terms of prayer clause (a) and (b).
Plaintiff to carry out necessary amendments within a period of 14 days from the date of order.
Plaintiff to supply amended copy of plaint.
Costs in cause.
CS is disposed of accordingly.
Matter stands adjourned to 29.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Tanvir Shaikh for plaintiff present. He tendered affidavit of service. TOR. Exh.06.
He also tendered VP on behalf of plaintiff No.4. TOR. Exh.07.
Adv. G. M. Joshi for Deft. no.4 to 10 present. He tendered pursis submitting that they do not want to file additional WS. TOR. Exh.08.
Summons to Deft. no.1 to 3 for serving the amended copy of plaint is refused. Matter proceeded exparte against Deft. no.1 to 3 as per roznama dated 12.02.2019. Hence, matter be proceeded further exparte against Deft. no.1 to 3.
The WS of Deft. no.4 to 10 is filed at Exh.03, they have admitted the claim of plaintiff. Hence, matter be kept for exparte evidence.
Matter stands adjourned to 17.11.2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Plaintiff No.1 in person present. He tendered application for adjournment. O-Allowed. TOR. Exh-9.
None present for defendant.
Matter stands adjourned to 20.01.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Tanvir Shaikh For plaintiff present. He tendered affidavit of evidence a/w certificate and list of document. TOR. Exh-10 and 11.
Adv. Komal Chaudhry I/b Adv. G. M. Joshi for defendant No.4 to 10 present. He tendered say on documents. TOR. Exh-12.
Plaintiff has filed original document under Exh-11. The defendant No.4 to 10 has no objection. Hence, all the documents be exhibited.
Witness present.
PW-1 Savita Yashwant Ambekar on SA.
Further Examination in Chief of PW-1.
The document at serial No.1 is the Original old Ration Card issued in the year 1980 by the Rationing Authority. TOR. Exh-13.
The document at serial No.2 is the TOR. Original new Ration Card issued in the year 2000 by the Rationing Authority. Exh-14.
The document at serial No.3 is the Original Bank Passbook of Bank of Maharashtra of deceased Yashwant issued in the year 1979. TOR. Exh-15.
The document at serial No.4 is the Original voters identity card of deceased Yashwant. TOR. Exh-16.
The document at serial No.5 is the Original Identity Card issued by Maharashtra State Bureau of Text Books Production and Curriculum Research, Mumbai, of deceased Yashwant. TOR. Exh-17.
The document at serial No.6 is the Triplicate copy of Salary Slip of husband Yashwant for March 1985 and February1989 issued by Maharashtra State Bureau of Text Books Production and Curriculum Research, Mumbai. TOR. Exh-18.
The document at serial No.7 is the Original School Leaving Certificate dated 11.08.1974 issued by Lokmanya Night High School, Dadar, Mumbai to deceased Yashwant. TOR. Exh-19.
The document at serial No.8 is the Original Income Tax Returns for the financial year 2002-03 and 2003-04 of deceased Yashwant. TOR. Exh-20.
The document at serial No.9 is the Original Income Tax Returns for the financial year 2003-04 of deceased Yashwant. TOR. Exh-21.
The document at serial No.10 is the Original Passbook of Bank of India issued in the year 1980 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-22.
The document at serial No.11 is the Original Passbook of Bank of India issued in the year 1986 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-23.
The document at serial No.12 is the Original Passbook of Canara Bank issued in the year 1992 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-24.
The document at serial No.13 is the Original Passbook of Bank of India issued in the year 1975 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-25.
The document at serial No.14 is the Original Voters Election Card issued in the year 1995 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-26.
The document at serial No.15 is the Original ID Card issued by The Wallace Flour Mills Company Ltd. In the year 1981 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-27.
The document at serial No.16 is the Original letter dated 10.01.1985 issued by The Wallace Flour Mills Company Ltd. In the year 1981 to Arun Gopal Ambekar - defendant No.7. TOR. Exh-28.
The document at serial No.17 is the Original ESIC Identity Card issued to Arun Gopal Ambekar - defendant No.7 in the year 1970. TOR. Exh-29.
The document at serial No.18 is the Original Employees State Insurance Corporation letter dated 07.08.1984 issued to Arun Gopal Ambekar - defendant No.7. TOR. Exh-30.
The document at serial No.19 is the Original Death Certificate dated 13.12.1985 of Gangaram Gopal Ambekar. TOR. Exh-31.
The document at serial No.20 is the Original Death Certificate dated 18.11.2008 of Dattaram Gopal Ambekar. TOR. Exh-32.
The document at serial No.21 is the Original Power of Attorney dated 31.03.2018. TOR. Exh-33.
Examination in Chief is commenced and deferred till next date.
Matter stands adjourned on 27.04.2023 for Ex-parte evidence.
Later on at 12.00 Noon.
Adv. Tanvir Shaikh for plaintiff present. He tendered evidence
closing pursis. TOR. Exh-34.
Matter already adjourned on 27.04.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Plaintiff in person present. He tendered written submissions. TOR. Exh-35
Adv. Komal Chaudhry for defendant Nos.4 to 10 present.
Matter stands adjourned on 28.06.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Adv Tanvir Shaikh for Plaintiff present.
None for defendant present.
Matter stands adjourned on 31-07-2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Adv Tavir Shaikh for Plaintiff present.
Adv Kamal Chaudhary for defendant present.
Exh. 35 Written submission of plaintiff is already filed.
Exh. 36 Pursis filed by defendant no. 4 to 10 about not adducing evidence. TOR.
Exh. 37 Pursis of defendant no. 4 to 10 adopting arguments of Plaintiff. TOR.
Matter stands adjourned on 08-09-2023 for arguments of
defendant no. 1 to 3.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: As court is on leave, matter adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv Tanvir Shaikh present for Plaintiff.
Adv G. M. Joshi present for Defendant nos. 4 to 10.
Suit is proceeded ex-parte against defendant nos. 1 to 3.
Matter stands adjourned on 30-11-2023 for reply of Plaintiff.
Next Purpose: REPLY
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Advocate Tanvir Shaikh present for Plaintiff.
Advocate G. M. Joshi present for Defendant nos. 4 to 10.
Written argument of plaintiff is already at exhibit 35 on record. Advocate for plaintiff submits that in case of any clarification he may be allowed to submit orally.
Matter stands adjourned on 05-01-2024 for oral submission.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Adv. Tanvir Shaikh for Plaintiff present
Adv. G. M. Joshi for defendants no. 4 to 10 present.
Matter stands adjourned on 09-01-2024 for oral argument of
plaintiff as the claim is admitted by defendant s no. 4 to 10 and the
suit proceeded ex parte against defendant no. 1.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Advocate Tanvir Shaikh for Plaintiff present.
Advocate G. M. Joshi for defendant nos. 4 to 10 present.
Heard arguments of both sides.
Matter stands adjourned on 20-01-2024 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Plaintiff present.
None for Plaintiff present.
Adv. G. M. Joshi for defendant No.4 to 10 present.
Court is busy in dictating judgment in Suit No.7769/97 hence matter stands adjourned on 24.01.2024 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Advocate Tanvir Shaikh for Plaintiff present.
Advocate G.M. Joshi for defendant present.
Court is busy in dictating judgment in Suit 395/2016 (Hon\''ble High Court Time bound) matter and recording evidence in Suit No. 356/2020 (Hon\''ble High Court Time bound) matter.
Matter stands adjourned on 14-02-2024 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Plaintiff no. 1 is present.
Advocate G. M. Joshi for defendant nos. 4 to 10 present.
Judgment is partly dictated.
Matter stands adjourned on 15-02-2024 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: None for plaintiff present.
Advocate G. M. Joshi for defendant nos. 4 to 10 present.
Judgment is partly dictated.
Matter stands adjourned on 27-02-2024 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Plaintiff no. 1 present.
Advocate G. M. Joshi for defendant no. 4 to 10 present.
Judgment Exh.38.
For the reasons separately recorded in the judgment following order is passed.
ORDER
1.Suit No.250 of 2018 is dismissed.
2. No order as to costs.
3. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 27-02-2024