Date: 07-02-2018
Business: By precipe.
Already assigned to this Court.
Adv. P.D. Gandhy for pltff present.
Adv. Niranjan Bhadang for deft present.
LC for plaintiff tendered draft NM with supporting affidavit. TOR. Leave granted to register.
Partly heard both the sides.
Adjd for reply arguments, if any on 12.02.18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2018
Date: 12-02-2018
Business: Adv. P.D. Gandhy for pltff present.
Adv. Niranjan Bhadang with Ramchandra Narayanan for D-1 and 2 present and filed VP of Narayanan and Narayanan for D-1 and D-2. TOR and marked as Exh.2.
LC for pltff tendered registered NM No.557/18 alongwith affidavit in support. TOR.
LC for defendant filed reply to NM 557/18 alongwith compilation of documents. TOR.
Having regard to the defenses raised in the reply, I am of the view that 2 preliminary issues are required to be framed. Therefore, following preliminary issues are framed.
PRELIMINARY ISSUE
1. Whether the jurisdiction of this Court is outstate in view of section 33 of Maharashtra Rent Control Act read with section 41 of Presidency Small Causes Court Act
2. Whether this Court has pecuniary jurisdiction to try and decide the present suit
LC for defendant no.1 and 2 made statement that apart from pointing out the pleadings in the plaint and the market valuation of the suit property, he do not want to lead any evidence fo
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 14-02-2018
Date: 14-02-2018
Business: Adv. P.D. Gandhy for pltff present.
Adv. Niranjan Bhadang with Ramchandra Narayanan for D-1 and 2 present.
Heard LC for plaintiff from 3.45 pm to 5.50 p.m.
Adjd for further hearing on preliminary issues on 15.02.18.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 15-02-2018
Date: 15-02-2018
Business: Adv. Sanket Mungle with Adv. Kaustubh Patil H/f Adv. P.D. Gandhy for pltff present.
Adv. Niranjan Bhadang with Ramchandra Narayanan for D-1 and 2 present.
Heard LC for defendant from 11 am 2 pm and 3 pm to 4.45 pm.
Adjd for reply arguments of LC for plaintiff on 16.02.18.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 16-02-2018
Date: 16-02-2018
Business: Adv. P.D. Gandhy for pltff present.
Adv. Niranjan Bhadang with Ramchandra Narayanan for D-1 and 2 present.
Heard reply arguments of LC for plaintiff and LC for defendant.
Adjd for order on preliminary issues on 20.02.18.
Next Purpose: ORDER
Next Hearing Date: 20-02-2018
Date: 20-02-2018
Business: Adv. Giriraj H/f Adv. P.D. Gandhy for pltff present.
Adv. Tejas Shah H/f Adv. Narayanan for D-1 and 2 present.
For want of time, adjd for order on preliminary issues on 21.02.18.
Next Purpose: ORDER
Next Hearing Date: 21-02-2018
Date: 21-02-2018
Business: Adv. Giriraj H/f Adv. P.D. Gandhy for pltff present.
Adv. Tejas Shah H/f Adv. Narayanan for D-1 and 2 present.
For want of time, adjd for order on preliminary issues on 22.02.18.
Next Purpose: ORDER
Next Hearing Date: 22-02-2018
Date: 22-02-2018
Business: Adv. Kaustubh Patil H/f Adv. P.D. Gandhy for pltff present.
Adv. Tejas Shah H/f Adv. Narayanan for D-1 and 2 present.
For want of time, adjd for order on preliminary issues on 23.02.18.
Next Purpose: ORDER
Next Hearing Date: 23-02-2018
Date: 23-02-2018
Business: Adv. Kaustubh Patil H/f Adv. P.D. Gandhy for pltff present.
Adv. Tejas Shah H/f Adv. Narayanan for D-1 and 2 present.
Order is partly dictated today.
For want of time, adjd for order on preliminary issues on 26.02.18.
Next Purpose: ORDER
Next Hearing Date: 26-02-2018
Date: 26-02-2018
Date: 27-02-2018
Business: Adv. Sanket Mungle H/f Adv. P.D. Gandhy for pltff present.
Adv. Tejas Shah H/f Adv. Narayanan for D-1 and 2 present.
FRSR following order is passed u/sec.9-A of CPC.
ORDER
Issue No.2 is answered in the affirmative. Issue No.1 is answered in affirmative thereby, under Order VII Rule 10 of Code of Civil Procedure, 1908 the plaint is ordered to be returned to the plaintiffs to be presented to the Court in which suit should have been instituted.
On the request of advocate of plaintiff and as per the consent and convenience of the advocates, the parties are directed to remain present before the Bombay Small Causes Court on 15.03.2018.
Nature Of Disposal: OTHER
Disposal Date: 27-02-2018