Date: 22-10-2019
Business: Adv. Neha Pandey for plaintiff present.
She tendered draft NM t.o.r
O- Leave granted to register it.
Copy be served upon other side.
Adjourned for service to 29.11.2019.
Next Purpose: SERVICE
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Adv. Neha Pandey for plaintiff present.
She tendered register NM 4159/19
Service report awaited.
Adjourned to 14.01.2020
Next Purpose: SERVICE
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Neha Pandey for plaintiff present.
Def. No. 1 and 2 present.
She sought time to file affidavit of service.- Time is granted.
Adjourned for service report to 11.02.2020
Next Purpose: SERVICE
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Kirti Shah for plff present.
She file affidavit of service on deft. t.o.r.
Deft no. 2 present. He seeks time to file written statement.
Matter stands Adj for NM reply to 09/03/2020.
Next Purpose: REPLY
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv Thapa for plff present.
Deft no. 1 present.
He submitted that settlement talk is going on with the plff. He seeks time to file NM reply. Granted.
Matter stands Adj for NM reply to 09/04/2020.
Next Purpose: REPLY
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 21-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: REPLY
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-11-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv Priti Shah for plff present.
Matter stands Adj for NM Reply to 25/02/2021.
Next Purpose: REPLY
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv Nasim Khan for plff present.
On 09.03.2020, Adv for deft sought time to filed reply to NM on the ground that settlement talk is going on with the plaintiff but since then his failed to file reply. Since this is the first date after regular functioning of Court, Last chance is granted to deft.
It appears that deft no. 2 is not served with NM. Plff is directed to NM on deft no. 2.
Matter stands Adj for reply to NM and affidavit of service on deft no. 2 to 01.04.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2021
Date: 25-02-2021
Business: Adv Nasim Khan for plff present.
On 09.03.2020, Adv for deft sought time to filed reply to NM on the ground that settlement talk is going on with the plaintiff but since then his failed to file reply. Since this is the first date after regular functioning of Court, Last chance is granted to deft.
It appears that deft no. 2 is not served with NM. Plff is directed to NM on deft no. 2.
Matter stands Adj for reply to NM and affidavit of service on deft no. 2 to 01.04.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv Thapa for plff present.
She seeks time to file affidavit of service of NM on deft no. 2. Granted.
None for deft.
Matter stands Adj for Affidavit of Service to 15/06/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv Rajlakshmi for plff present.
She seeks time to file affidavit of service on deft no. 2. Granted.
None for deft.
Matter stands Adj to 18/11/2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv Priti Shah for plff present.
None for deft.
Adv for plff already filed affidavit of service on record. It appears that both defts are duly served on 11/01/2020. Deft no. 2 was also present in the Court on 11/02/2020. On 25/02/2021, Adv for deft was present and last chance was granted for filing NM reply but since then defts failed to file reply. Today also defts remain absent. Hence suit is proceeded without written statement as well as NM is proceeded without reply of defts.
At the request of Adv for plff, matter stands Adj for NM Hearing to 17/12/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 17-12-2021
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: P.O. is on leave. Matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv Priti Shah for plaintiff present.
Defendant nos.1 and 2 are proceeded without W/s as well as without reply of NM. Heard advocate for plaintiff.
FRSR following order is passed.
ORDER
1. Notice of Motion No. 4159 of 2019 is allowed with costs.
2. Costs shall follow the event.
Adjd. to 06/06/2022 for evidence.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022
Date: 22-03-2022
Date: 24-03-2022
Next Purpose: FOR___________________
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Preeti Shah for plaintiff present.
None for defendant.
Matter is adjd for filling affidavit of evidence on the oral request of advocate for plaintiff to 29/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Neha Pandye for plaintiff present.
She seek time. Time granted.
None for defendant.
Witness absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for recoding evidence to 07/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Pushpa Thapa for plaintiff present.
She filed affidavit of evidence Exh 2 along with list of document Exh 3 TOR. She is directed to serve copy on other side.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for admission denial to 09/02/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Both parties and their advocate are absent.
Matter adjourned for admission denial to 15.04.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Priti Shah for plaintiff present.
She seek time for admission denial. Time granted.
PW-1 absent.
None for defendant present.
Matter adjourned for admission denial to 15/07/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: Plaintiff present.
Advocate Ms. Neha Pandey for plaintiff present.
Defendant and advocate absent.
O- Granted last chance to defendant.
Matter adjourned for admission / denial on 04.09.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv. Preeti Shah for plaintiff is present.
Defendant and advocate absent.
KB L.O. at 12.10 p.m.
PW-1 is present.
KB L.O. at 03.15 p.m.
Adv. Preeti Shah for plaintiff is present.
Matter adjourned for admission denial to 06/10/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: PO is on leave, hence matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: PO is on leave, hence matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Plaintiff absent.
Advocate Ms. Priti Shah for plaintiff present.
Defendant and advocate absent.
Matter adjourned for Admission / Denial on 04.03.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: PO is on half day leave in First Session, hence matter is adjourned.
Matter adjourned for Admission / Denial on 18.04.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Advocate Ms. Deepti Jadhav for plaintiff present.
Defendant and advocate absent.
Matter adjourned for Admission / Denial on 20.06.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Plaintiff present.
Advocate Preeti Shah for Plaintiff present.
Defendant and advocate absent.
Already no W.S. order has been passed against the defendant. The plaintiff has produced number of documents alongwith Exhibit-3 in support of his evidence. The serial no. 1 to 13 of document (Exhibit-3) are hereby marked as Exhibit-4 to 16 for identification purpose. The evidentary value regarding the proof of the documents will be decided as per the totality of the evidence. So far as the document no. 14 and 15 are concern these are the photographs of alleged encroached property. The plaintiff is directed to take necessary steps to prove this documents.
The following documents (Exhibit-3) at serial no.1 to 13 are exhibited as follows-
Serial no. 1 Notarised certificate of registration is marked as Exhibit-4.
Serial no. 2 Plan is marked as Exhibit-5.
Serial no. 3 Registered Conveyance Deed is marked as Exhibit-6.
Serial no. 4 Agreement for sale dated 16.08.1984 is marked as Exhibit-7.
Serial no. 5 Power of Attorney is marked as Exhibit-8.
Serial no. 6 Schedule of property is marked as Exhibit-9.
Serial no. 7 Schedule giving actual description of the encroached portion is marked as Exhibit-10.
Serial no. 8 Plaint and written statement in RAD Suit no. 2376 of 1992 is marked as Exhibit-11.
Serial no. 9 Notes of evidence is marked as Exhibit-12.
Serial no. 10 Certified copy of judgment dated 01/02.04.1997 is marked as Exhibit-13.
Serial no. 11 Judgment in appeal no. 330 of 1997 is marked as Exhibit-14.
Serial no. 12 Letter dated 03.12.2004 is marked as Exhibit-15.
Serial no. 13 Copy of the order dated 28.06.2007 is marked as Exhibit-16.
Matter is adjourned for Recording Evidence on 16.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Advocate Ms. Priti Shah for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for Recording Evidence on 05.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Advocate Ms. Preeti Shah for plaintiff present.
PW- 1 Rajeev Indrajit Sharma resumed on S.A.
FURTHER EXAMINATION IN CHIEF BY ADVOCATE MS. PREETI SHAH FOR PLAINTIFF IS COMMENCED AND CONCLUDED.
Defendant and advocate are absent. Already ex-parte order is passed against them hence no cross.
Matter is adjourned for (further Ex-parte evidence) Recording Evidence P.H. on 28.08.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: Advocate Preeti Shah for plaintiff present and filed further evidence affidavit of PW-2 Ajit Rane. Taken on record and marked as Exhibit-17.
Defendant and advocate absent.
Kept back
Later on at 12.20 P.M.
PW-2 Ajit Rane is present.
EXAMINATION IN CHIEF OF PW-2 BY ADVOCATE MS. PREETI SHAH FOR PLAINTIFF IS COMMENCED AND CONCLUDED.
The photographs at page no. 180 to 182 are marked as Exhibit-18 colly.
The receipts at page no. 179 is marked as Exhibit-19.
The photographs at page no. 184 to 186 are marked as Exhibit-20 Colly.
The receipt at page no. 183 is marked as Exhibit-21.
Matter is adjourned for (further evidence of plaintiff) Recording Evidence P.H. on 18.09.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: Advocate Ms. Priti Shah for plaintiff present and filed evidence closure pursis. Taken on record and marked as Exhibit-22. O- Read and Recorded.
She also filed application to produce original plan. O-Allowed. Taken on record and marked as Exhibit-23.
Defendant and advocate absent.
Matter is adjourned for arguments on 15.10.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: PO is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Advocate Preeti Shah for plaintiff present and seeks time to file written notes of argument. O- Granted.
Defendant and advocate absent.
Matter is adjourned for arguments on 17.02.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: Advocate Dipti Jadhav i/b Priti Shah for plaintiff present and seeks time on the ground of demise of father in law of the advocate on record. O- Granted.
Matter is adjourned for arguments on 03.04.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: PO is on leave, hence adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: Advocate Priti Shah for plaintiff is present. She seeks time.
Ex-parte against defendants.
Matter adjourned to 30.07.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: Advocate Pushpa Thapa for plaintiff is present. She seeks time as her senior is held up before Honble High Court.
None for defendant
Matter adjourned to 07.10.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Advocate Slegha R. h.f. Advocate Preeti Shah for plaintiff is present.
Ex-parte against defendant.
Kept back
Later on at 12.00 Noon.
Advocate Preeti Shah for plaintiff is present. She filed written notes of arguments. TOR and marked as Exhibit-24. O- Seen.
Matter adjourned to 13.11.2025 for (Oral submission) arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: P.O IS ON LEAVE
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2025
Date: 01-12-2025
Business: Advocate Neha Pandey for plaintiff is present.
Heard argument of advocate for defendant.
Written submission are already placed on record.
Matter adjourned to 18.12.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-12-2025
Date: 18-12-2025
