Date: 13-02-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 24/4/2020 for directions.
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: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: for Notice of Motion
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv Mr. Amol Tembe for the plff present and tendered registered NM No.670/2020 along with affidavit in support. He also filed three affidavits to show that copies of NM, documents and plaint are served on the defts.
Adv Mr. Denzil D’Mello for deft No.1 present and filed V.P. at Exh.2 on behalf of deft No.1 and he seeks time to file reply to NM No.670/2020.
Ld. advocate for the plff though submitted that he would press for ad-interim relief, he subsequently conceded for giving a time of one week.
By consent, matter is adjd. for NM reply of deft No.1a nd for order of no reply against deft No.2 to 17.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv. Amol Tembe for plaintiff present and filed affidavit of service of writ of summons at Exh.3 on defendant no.2.
Adv. Fernandes for defendant no.1 present and filed reply to NM 670/20.
Adv. Krishnan for defendant no.2 present and seeks time to file reply to NM 670/20 by submitting that defendant no.2 will not dispossess the plaintiff from the suit premises till next date.
Adjd.for NM reply to 3/5/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv Mr. Rajesh Khandelwal i/b Adv Amol Tembe for plff present.
Adv Mr. Krishnan for deft No.2 present and seeks time to file NM reply by submitting that the statement made on previous date by him on behalf of deft No.2 is continued till next date.
By consent, matter is adjd. for reply of deft No.2 to NM No.670/2020 to 13.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv Ms. Jain present for plff.
Adv Mr. Dusayant Krishnan present for deft. No.2 present and submitted that deft No.2 does not want to file reply in NM No.670/2020. He produced hard copy of E-mail received by him from deft No.2.
Adv for plff seeks time to file rejoinder in N.M No.670/2020.
By consent, matter is adjd. for rejoinder to 15.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Mr. Amol Tembe present for plff. and seeks time to file rejoinder in NM No.670/2020
None present for defts.
Matter is adjd. for NM rejoinder to 21.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv Ms. Jain h/f Adv Tembe present and seeks time to file affidavit in rejoinder in NM No.670/2020
None present for deft.
As nobody is present for the deft, time till next date is granted.
Matter is adjd. for NM rejoinder and hearing to 22.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv Mr. Tembe present for plff. and seeks time to file rejoinder in NM No.670/2020.
None present for deft No.1.
Adv Mr. Krishnan present for deft.No.2
Matter is adjd. for NM rejoinder to 06.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv.Isha Jain h/f.Adv.Amol Tembe for plaintiff present.
None for defendant.
Plaintiff orally requested time. Defendant absent, hence, time granted.
Matter adjd to 14.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv.Karen Koya i/b.Denzil Dmello for deft.No.1 present. She requested for adjournment.
Representative of Advocate\''s plaintiff Mr.Gaurav Jain present.
Matter adjd to 10.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022
Date: 14-09-2022
Business: Adv.Karen Koya i/b.Denzil Dmello for deft.No.1 present. She requested for adjournment.
Representative of Advocate\''s plaintiff Mr.Gaurav Jain present.
Matter adjd to 10.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv.Amol Kishor Tembe for plaintiff present.
None present for defts.
The Adv.for pltff. submits that he has requested the Adv.for deft.No.1 to provide copies of colour photographs annexed to the affidavit in reply in motion and he has not received to the same. Adv.for deft.No.1 is absent to make any submissions.
As the defendants are absent, adj. to 25.01.2023 for compliance/hearing of NM.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2023
Date: 10-11-2022
Business: Adv.Amol Kishor Tembe for plaintiff present.
None present for defts.
The Adv.for pltff. submits that he has requested the Adv.for deft.No.1 to provide copies of colour photographs annexed to the affidavit in reply in motion and he has not received to the same. Adv.for deft.No.1 is absent to make any submissions.
As the defendants are absent, adj. to 25.01.2023 for compliance/hearing of NM.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: None present for both sides.
Court is busy in passing judgment in suit no. 6380/03, passing order in NM Nos. 3468/22 in suit no. 1942/2022, NM 3623/22 in suit no. 2118/22. Hence adjourned.
Matter adj. to 01/04/2023 for compliance
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv.Gaurav Jain h/f.Adv.Amol Tembe for plaintiff present.
None present for defendants. Defendants are directed to comply with directions in roznama dated 10.11.2022.
On oral request of the plaintiff matter adjd to 27.06.2023 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2023
Date: 01-04-2023
Business: Adv.Gaurav Jain h/f.Adv.Amol Tembe for plaintiff present.
None present for defendants. Defendants are directed to comply with directions in roznama dated 10.11.2022.
On oral request of the plaintiff matter adjd to 27.06.2023 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2023
Date: 04-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 27-10-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 21-12-2023 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Adv. Amol Tembe for plaintiff present.
None for defendant
Matter is adjourned to 22-12-2024 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Adv. Amol Tembe for plaintiff present.
None for defendant
Matter is adjourned to 08-01-2024 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 26-12-2023
Date: 26-12-2023
Business: Matter pertains to C.R. No.62
By praecipe matter is taken on board.
Advocate Mr. Amol Tembe for plaintiff tendered affidavit of service marked as Exhibit-4.
None for defendants.
Order on Ad-interim relief -
1. Heard learned advocate for the plaintiff. None for defendants.
2. Learned advocate for the plaintiff submitted that the plaintiff is a co-owner and is in possession of 2nd floor of building. However, defendants have put lock and blocked her entry to 2nd floor. The plaintiff is residing at Austrilia and she is ariving to India on 29/12/2023 and, therefore, there is urgency. He submitted that defendant No.2 has not filed reply to Notice of Motion and defendant No.1 has also admitted plaintiffs possession over 2nd floor. He submitted that defendants put grils and obstructed entry of the plaintiff. He submitted that he has served notice on advocate for defendant No.1 but none appeared and defendant No.2 submitted that she do not want to file reply to Notice of Motion. Hence he prayed for ad-interim relief in terms of prayer clause (f) of Notice of Motion.
3. On perusal of Roznama, it appears that suit is filed in 2020 and since long it is pending for compliance and hearing on Notice of Motion. The Roznama shows that on 21/12/2023 advocate for the plaintiff present and matter was adjourned to 8/1/2024 compliance. This is holiday Court and Notice of Motion is pending for hearing since July 2022. It is submitted by learned advocate for the plaintiff that the plaintiff is ariving to India on 29/12/2023 hence there is urgency. However, Notice of Motion is pending since July 2022 for hearing and compliance and the plaintiff has pressed for ad-interim relief before the Vacation Court. Moreover, as per the Bombay City Civil and Sessions Court Rules notice shall be served two clear days before return thereof. In the case on hand, notice appears to have been served upon advocate for defendant No.1 today itself through eMail. Thus, there is no proper service. As such, I do not find any need to pass order on ad-interim relief as no urgency to entertain ad-interim relief ex parte. Therefore, I pass following order -
O R D E R
1. Ad-interim relief in terms of prayer cluase (f) of Notice of Motion No.670/2020 is refused.
Already adjd. to 8/1/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2024
Date: 26-12-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Adv. Amol Tembe for Plaintiff present and filed additional affidavit in support of NM No.670/2020 t.o.r. -seen.
None for defendants No.1 and 2 present.
Adv. for defendant No.2 has already made statement as per roznama dated 13.10.2021 that defendant No.2 does not want to filed reply in NM No.670/2020. Defendant No.1 had filed reply in NM No.670/2020. Adv. for the plaintiff has filed additional affidavit in the said NM today. Adv. Amol Tembe submitted that additional affidavit duly served upon defendant No.1 as per affidavit of service Exhibit-4.
As defendant No.1 is duly served with additional affidavit in NM No.670/2020 and Adv. for the plaintiff is pressing for hearing in NM No.670/2020, short date be given for filing reply by the defendants in respect of additional affidavit.
Matter stands adjourned on 31.01.2024 for reply of defendant on additional affidavit filed in NM No.670/2020.
Next Purpose: REPLY
Next Hearing Date: 31-01-2024
Date: 08-01-2024
Business: Adv. Amol Tembe for Plaintiff present and filed additional affidavit in support of NM No.670/2020 t.o.r. -seen.
None for defendants No.1 and 2 present.
Adv. for defendant No.2 has already made statement as per roznama dated 13.10.2021 that defendant No.2 does not want to filed reply in NM No.670/2020. Defendant No.1 had filed reply in NM No.670/2020. Adv. for the plaintiff has filed additional affidavit in the said NM today. Adv. Amol Tembe submitted that additional affidavit duly served upon defendant No.1 as per affidavit of service Exhibit-4.
As defendant No.1 is duly served with additional affidavit in NM No.670/2020 and Adv. for the plaintiff is pressing for hearing in NM No.670/2020, short date be given for filing reply by the defendants in respect of additional affidavit.
Matter stands adjourned on 31.01.2024 for reply of defendant on additional affidavit filed in NM No.670/2020.
Next Purpose: REPLY
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Adv. Amol Tembe for Plaintiff present.
None for defendants No.1 and 2 present.
As defendants No.1 and 2 failed to appear and filed reply to additional affidavit, Notice of Motion No.670/2020 is kept for hearing without reply to additional affidavit of the plaintiff.
Matter stands adjourned on 12.02.2024 for NM hearing at 3.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Advocate Amol Tembhe for Plaintiff present.
None for defendants present.
Heard Advocate Amol Tembhe for plaintiff in Notice of Motion No.670/2020.
Matter stands adjourned on 23.02.2024 for Notice of Motion order.
Next Purpose: NM ORDERS
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Advocate Amol Tambhe for Plaintiff absent.
None for defendants No.1 and 2 present.
F.R.S.R. following order is passed in Notice of Motion No.670/2020
ORDER
1. Notice of Motion No.670/2020 is made absolute in terms of prayer clauses (a) to (f).
2. Proceeding of Notice of Motion No.670/2020 is closed.
Matter stands adjourned on 03.05.2024 for taking steps/compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 23-02-2024
