Raja Nava Developers Pvt. Ltd.VsEbrahim Haji Jetha

Date: 22-02-2019
Business: Adv. for plff. present and has filed registered N/M No.721/19 along with supporting affd. t.o.r Adv. Rajnish Dubey for deft. present and has filed V/P on behalf of deft. and has also filed reply to N/M No.721/19. Matter is adjd. to. 25.02.2019 for hearing on N/M No.721/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Adv for plaintiff is present. Adv for defendant is present. On request of Ld. adv sfor plaintiff Matter is adjd. to.25.03.2019 for Filing Re-joinder and Hearing on NM No.721/19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: R and P not before court. Adv. Kastubh Patil I/b Adv. P.D. Gandhy for plff. present and has filed rejoinder to N/M No.721/19 t.o.r Adv. Rajnish Dubey for deft. present. Matter is adjd. to. 05.04.2019 for hearing on N/M No.721/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: R and P not before court Adv. Kaustubh Patil I/b P.D. Gandhy for plff. present. Adv. A.R. Pande for deft. present. On request of both parties,Matter is adjd. to. 12.04.2019 for hearing on N/M No.721/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. P.D. Gandhy for plff. present. Adv. for deft. present. Partly Heard the Ld. adv. for plff. Matter is adjd. to. 16.04.2019 for further hearing on N/M No.721/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: R and P not before court. Adv. Pande for plff. present. Adv. Kaustubh Patil I/b Adv. P.D. Gandhy for plff. present. On request of Adv. for plff. Matter is adjd. to. 24.04.2019 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: plff. and his adv. absent. deft. and his adv. absent. Matter is adjd. to. 26/04/2019 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv for plff present. Adv for deft present. On request of adv. of deft ,Matter is adjd. to.02.05.2019 for N.M. hearing as last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Adv. for Plff. present. Representative of deft is present. On request of representative of deft, Matter is adjd. to. 03.06.2019 for hearing their submissions on N.M.No.721/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Record and proceeding is not before the court, since last many dates. Adv. for plff. present. Adv. for deft. present. Record and proceeding is not before the court, since last many dates, the office directed to trace out the record and proceeding . Matter is adjd. to.28.06.2019 for hearing on N/M.721/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: (R and P not before the court) Adv. for plff present. Adv. for deft present. Matter is already adj to 19/08/2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Giriraj for plff present. None for defts. On oral request of advocate for plaintiff, last chance is granted for NM hearing to 09.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Giriraj for plff present. Adv. Shukla for deft present. As Court is busy in other matters, this matter adjd for N/M hearing to 08.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Giriraj for plaintiff present.
Adv.  Shukla  for defendant present.
On oral request of Ld. Adv. for Defendant adjournment granted
Adjd to 05-02-2020 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. Giriraj  for plaintiff present.
None for deft.
KB LO
Adv.  Rajneesh Dubey   for defendant present.
Adv.   P. D. Gandhy  for plaintiff present.
Heard arguments of Ld. adv. for plaintiff on NM
Adjd to 14-02-2020 for NM Hearing (arguments of defendant)
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Pratik Shah for Plaintiff present.
None for Defendant.
KB LO
Adv. A. A. Pande  for defendant present.
Heard Ld. Adv. for defendant.
Adjd to 18-02-2020  for NM Order  .
Next Purpose: NM  ORDERS
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: None for plaintiff.
Adv. Preet Chawla  for defendant present.
KB 2.45 pm LO
Adv. Patil  for defendant present.
Court busy in other matters. Hence, adjourned.
Adjd to 28-02-2020 for order.
Next Purpose: ORDER
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. P.D. Gandhi    for plaintiff present.
Adv.   Rajneesh Dubey   for defendant present.
KB
F.R.S.R. following order on N/M No. 721/19  is passed -
Order -
1) Notice of Motion No. 721 of 2019 is allowed.
2) The defendant, his agents, servants, representative or any persons on his behalf are temporarily restrained from disturbing use of passage access as shown in the plan at Exhibit \''B\'' to the plaint to enjoy suit premises viz. Room No. 16, Ground Floor in Raja Nava building situated at C.S. No. 276, Malabar and Cumballa Hill Division, 138, Walkeshwar Road, Mumbai - 400 006 till final disposal of the suit.
3) The defendant shall keep the said passage in the plan at Exhibit \''B\'' free for plaintiff\''s ingress and egress by  removing the Iron Gate or other thing till final disposal of the suit.
LO 5.00 pm
4) Costs in cause.
Adv. Rajneesh Dubey for defendant present and tendered application for stay of order dated 28-02-2020. t.o.r. Its marked at Exh.4
Order -  The NM is decided on merits. Hence application for stay is rejected.
Adjd to 12-06-2020   for  framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: None present.
Matter is received from Court no.4.  Today, the matter is listed for framing of issues but, as per record, there is no written statement on record filed by the defendant.  Matter is adjourned for recording evidence.
Due to Covid-19, the matter is adjd for recording evidence to 19.10.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Adv. Mr. Kaustub Patil for plaintiff present.
None present for the deft.
Ld Counsel for the plaintiff sought adjournment. Granted.
The matter is adjd for evidence of the plaintiff on 19.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Kaustubh Patil for plaintiff present.
Adv. Shukla for deft. present.
On perusal of record, it appears that defendant has not filed the written statement but formal order to proceed without written statement is not passed, although the matter is placed for evidence of plaintiff.  Suit to proceed without written statement of defendant.
The matter is adjd for evidence to 14.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv. Kaustubh Patil for plff is present.
None for deft.
On oral request matter adjd for evidence.
Matter adjd for evidence on 29.11.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv. Rajnish Dubey for deft present.
None for pltff.
On oral request of adv for deft, Matter is adjd to 17/06/2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: None is present for plaintiff and defendant.
Adjd. to 04.10.2022 for dismissal.
                                                                          Judge.
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Pratik Shah for plaintiff is present.
None present for defendant.
Matter adjourned for evidence as a last chance.
Matter adjd to 03.12.2022  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: None present for plaintiff and defendant.
Matter be kept for dismissal order.
Matter adjd to 04.02.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None present for plaintiff and defendant.
Roznama shows that the matter is under the caption of dismissal. Today also none present for the plaintiff when called. It seems that the plaintiff has lost his interest in the matter. Hence, the suit stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-02-2023

Registration Number: 100367/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 101722/2019
Filing Date: 08-02-2019
First Hearing Date: 22nd February 2019
Decision Date: 04th February 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE