Date: 27-02-2020
Business: Ms. Nisha Sharma Advocate for Plaintiff present.
On request of Ms. Sharma issue notice u/o XXI, Rule 22 of CPC returnable on 30/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Ms. Nisha Sharma advocate for plaintiff present.
Shri Dharmesh Joshi advocate for defendant present.
By consent matter adjourned to 19/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Ms. Siddhi Kadam advocate for plaintiff present.
On request of Ms. Kadam matter adjourned to 22/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Ms. Nisha Sharma Advocate for plaintiff present.
Shri Rohit Upadhyay Advocate for defendant present.
As the Ld. Registrar is busy in online conference as directed by the Honourbale High Court, Bombay, board discharged and matter adjourned to 24/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Ms. Nisha Sharma advocate for plaintiff present.
Shri Dharmesh Joshi defendant No.1 and 3 present.
Ms. Sharma has tendered copy of order dated 16/02/2021, passed by the Honourable High Court, Bombay, in first Appeal (St.)No. 13225 of 2017 alongwith Civil application No.2409 of 2017, kept in R and P.
Ms. Sharma states that she will produce copy of consent terms and service report in respect of notice u/o.XXI, Rule 22 on next date.
Ms. Sharma in view of order dated 16/2/2021, passed by Honurable High Court, prays for issue of Notice u/o.XXI, Rule 34 of CPC, alongwith draft deed of conveyance.
Upon hearing Ms. Shrama, Notice u/o.XXI, Rule 34 of CPC, alongwith draft deed of conveyance be issued, returnable on 25/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Ms. Nisha Sharma advocate for plaintiff present.
Shri Rohit Upadhya advocate for defendant No.1 and 3 present.
By consent matter adjourned to 29/04/2021, for compliance in respect of notice u/o.XXI Rule 34 of CPC.
Next Purpose: FOR___________________
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 27/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: In view of directions vide Office Order No.131 of 2021, matter adjourned to 28/07/2021.
Next Purpose: FOR___________________
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: MS.Nisha Sharma, Advocate for plaintiff present.
Exe.Appln. Markd as Exh-A(Colly.)
Ms.Sharma tendered certified copy of order dated 16.02.2021 of Honourable Bombay High Court in First Appeal (St.) No.13225 of 2017 A/w.Civil Application No.2409 of 2017, taken on record, marked as Exh-B.
Ms.Sharma also tendered certified copy of Consent Terms dated 09.02.2021 filed in the Honourable High Court in the First Appeal (St.) No.13225 of 2017, taken on record, marked as Exh.-C.
Ms.Sharma states that above certified copies are tendered in view of Roznama dated 24.02.2021 in the matter.
Ms.Sharma states that service of notice U/o.XXI, Rule 22 is yet to be completed and seeks time to complete the said service and also for completing the service of notice U/o.XXI, Rule 34 of CPC.
Allowed, notices made returnable on 23/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Ms. Nisha Sharma advocate for plaintiff present.
Shri Satypal Thosar advocate for defendant Nos. 8,9 and 13 present.
Shri Mottar Khan advocate for defendant no. 4 present.
Shri Mottar Khan has tendered vakalatnama of T.D Joshi and Asso., advocate for defendant No.4 t.o.r and marked as Exh.D.
Shri Satypal Thosar has tendered vakalatnama for defendant Nos. 8 and 13 t.o.r and marked as Exh.E.
Shri Satypal Thosar has also tendered vakalatnama for defendant No. 9 t.o.r and marked as Exh.F.
Shri Khan has tendered affidavit in reply on behalf of defendant No.4 t.o.r. and makred as Exh.G.
Ms. Sharma seeks time to file affidavit of service and Shri Thosar seeks time to file reply and by consent matter adjourned to 06/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Shri Satyapal Thoasar, Advocate for Defendant Nos.8, 9 and 13 present.
As Court is on leave, board discharged and matter adjourned to 17/09/2021.
L.O. Shri Naresh Pai, Advocate for plaintiff appeared and he has been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Ms.Nisha Sharma, Advocate for plaintiff present.
Shri Satyapal Thosar, Advocate for Defendant Nos.8, 9 and 13 present.
As Court is on leave, board discharged and matter adjourned to 01/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Ms. Nisha Sharma advocate for plaintiff present.
Shri M. Khan advocate for defendant No.1 present.
Ms. Anchal Jethani advocate for defendant No.7 and 12 present.
Affidavit service in respect of notice u/o.XXI, Rule 22 of CPC, tendered by Ms, Sharma t.o.r and marked as Exh.H.
Affidavit service in respect of notice u/o.XXI, Rule 34 of CPC, tendered by Ms, Sharma t.o.r and marked as Exh.I.
Two Vakalatnamas of Satyapal T. Thosar advocate for defendant No.7 and defendant No.12, tendered by Ms. Jethani, taken on record and marked as Exh.J and K respectively.
Ms.Sharma states that as none of the defendant have objection, prays that deed of conveyance be sent for adjudication.
Hence, deed of conveyance be sent for adjudication to the concern Stamp Office with request to return the same after adjudication on or before 27/10/2021. Ms.Sharma undertakes to furnish address of concern Stamp Office to the office of this Court, for the purpose. Awaiting compliance, adjd to 27/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Ms. Nisha Sharma advocate for plaintiff present.
On request of Ms. Sharma matter adjourned to 04/12/2021, awaiting compliance.
LO
Shri Satyapal Thosar, advocate for defendant No.8,9 and 13 appeared and he has been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Ms. Nishe Sharma, advocate for plaintiff present.
On request of Ms. Sharma awaiting compliance matter adjourned to 15/01/2022.
LO
Shri Satyapal Thosar advocate for defendant No.7,8,9,12 and 13, and Ms. Supriya Harugade advocate for defendant No.4, appeared and they have been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 16/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Ms. Nisha Sharma, advocate for plaintiff present.
On request of Ms. Sharma, matter adjourned to 30/03/2022, awaiting compliance.
LO
Shri Dharmesh Joshi advocate for defendant No.4, appeared and he has been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Ms. Nisha Sharma, Advocate for plaintiff present.
Shri T.D. Joshi advocate for defendant No.4 and Satyapal Thosar advocate for defendant No.8,9 and 13 present.
On request of Ms. Sharma, awaiting compliance adjourned to 24/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Ms. Neelam Vyas, advocate for plaintiff present.
None for defendant.
On request of Ms Vyas, awaiting compliance, matter adjourned to 07/09/2022.
LO
Ms. Supriya Harugade advocate for defendant No.4 and Shri Satyapal Thosar advocate for Defendant No.8,9,13 and they have been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Shri Satyapal Thosar advocate for defendant No. 7,8,9 and 13 present.
None for plaintiff.
Awaiting compliance of adjudication matter adjourned to 02/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: As Court is on leave, board discharged and matter adjourned to 05/01/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Shri Sikandar Tahasildar, advocate for plaintiff present.
Shri Ajmal Ansari clerk of defendant No.1 company present.
Shri Tahasildar seeks adjournment awaiting compliance of adjudication from the competent authority and on his request, adjourned to 09/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Ms. Pooja Singh advocate for plaintiff present.
None for defendant.
Ms. Singh seeks adjournment stating that adjudication is pending wherein in reply to demand notice received form the concern stamp office necessary correspondence has been made by the plaintiff with the said stamp office.
Hence, on request of Ms. Singh matter adjourned to 25/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Representative of Plaintiff society present.
Ms. Supriya Harugade, advocate for defendant No.4 present.
Representative of plaintiff submits that adjudication process has been completed and seeks short adjournment to produced the original adjudicated Conveyance Deed before this Court and on his request matter adjourned to 28/04/2023.
LO
Ms. Nisha Sharma, advocate for plaintiff and Shri Dharmesh Joshi, advocate for defendant No.4 appeared and they have been informed about next date and today roznama.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Ms.Nisha Sharma, Advocate for Plaintiff present.
Ms.Supriya Hargude, Advocate for Defendant No.4 present.
Ms.Sharma states that the Conveyance Deed in the matter was prepared by the plaintiff and was lodged with the concerned stamp office, without it being routed through the office of this Court. She further submits, concerned stamp office has adjudicated the Conveyance Deed and original thereof has been handed over to plaintiff and on perusal of the same it is seen that wrong draft came to be annexed with the Conveyance Deed.
In view of the same Ms.Sharma seeks short adjournment to file appropriate affidavit mentioning the facts therein and to submit the adjudicated Conveyance Deed, with an application for sending Rectified Deed of Conveyance (with the draft of Rectified Deed of Conveyance) through this office to the concerned stamp office, for adjudication thereof and for which, on her request matter adjourned to 04/05/2023.
Considering the above, Ms.Sharma is made aware that, plaintiff will have to bear the cost of Rs.5000/- and order for payment of the same will be passed on next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Ms. Nisha Sharma, Advocate for plaintiff present.
Ms. Sharma has tendered original adjudicated Deed of Conveyance stating that the same has bonafide error at the hands of plaintiff, kept in R and P.
Ms. Sharma has tendered affidavit stating the facts as to under what circumstances Deed of Conveyance came to be lodged for adjudication with the concern stamp office, without approval of this Court, t.o.r and marked as Exh.L.
She has also tendered application seeking time to file the draft of rectified Deed of Conveyance t.o.r and marked as Exh.M.
Upon considering the conduct of the plaintiff of lodging the Deed of Conveyance with the concern stamp office, without getting it approved from the Office of this Court, cost of Rs.5000/- is imposed upon the plaintiff to be paid to the state of Maharashtra before submitting rectified Deed of Conveyance for approval by the office of this Court.
Upon payment of cost and upon submitting the draft of rectified Deed of Conveyance office to process the same and submit the report to this court about the fact that the rectified Deed of Conveyance is proper and completed in all respect so as to proceed further.
For the above compliance and for further directions, matter adjourned to 07/06/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Ms. Nisha Sharma, Advocate for Plaintiff present.
Ms. Sharma has tendered draft of rectified Deed of Conveyance, kept in R and P.
Ms. Sharma is instructed to furnish the copy of Draft of Rectified Deed of Conveyance to other side, with instructions to ask the other side to submit their objections, if any, to this office on or before 17/06/2023.
Office to process the matter further.
The Rectified Deed of Conveyance with the Deed of Conveyance which has already been adjudicated wherein bonafide error at the hands of plaintiff has occurred, be sent for adjudication subject to objections, if any, received from other side.
For aforesaid compliance, matter adjourned to 26/06/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Ms. Nisha Sharma, advocate for plaintiff present.
Shri Imran Khan, advocate for Defendant No.4 present.
Shri Khan has no objection to the draft of conveyance deed provided to him by the advocate for plaintiff.
On request of Ms.Sharma to take necessary steps to send the rectified deed of conveyance with earlier deed of conveyance and awaiting compliance from the concerned Stamp Office, matter adjourned to 28/07/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Shri Naresh Pai, Advocate for plaintiff present.
Shri T.D.Joshi, Advocate for Defendant No.4 present.
Shri Pai states that the final draft of Rectified Deed of Conveyance is ready, copy of which has been furnished to Advocate for Defendants.
Advocate for defendants, may submit their objections, if any, to execution department, within eight days.
Shri Pai is instructed to furnish the final draft in Execution Department to proceed further in the matter and office to forward the same after due checking and after taking into consideration the objections of defendants, if any, to the concerned stamp office, for adjudication.
For above compliance, matter adjourned to 04/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Shri Naresh Pai, Advocate for Plaintiff present.
Office has filed report dated 01/09/2023, stating therein certain discrepancies in the draft of Rectified Deed of Conveyance, kept in R and P.
Perused the office report and the advocate for plaintiff is made aware about the discrepancies as mentioned in the report.
To rectify the said discrepancies and to process the matter further, on request of Shri Pai, matter adjourned to 10/10/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Ms.Nisha Sharma with Sikandar Tahasildar, Advocate for Plaintiff present.
None for Defendant.
Matter is not on Board, Taken on Board by way of praecipe filed by Ms.Nisha Sharma, Advocate for Plaintiff, marked as Exh-N.
It is a matter of record that as per office report dated 01/09/2023, certain discrepancies have been observed in the draft of Rectified Deed of Conveyance, which have already been brought to the notice of Advocate for plaintiff.
Office report dated 01/09/2023, is taken on record and marked as Exh-O.
As per clause No.3 of the office report, there is difference in the area of the property.
In view of the office report, Advocate for plaintiff submits that matter be referred to the Honourable Court on 26/09/2023, for filing of an appropriate application before the Court, seeking appropriate orders for approval of draft of Rectified Deed of Conveyance.
Hence, upon hearing advocates for plaintiff, matter is hereby submitted to Honourable Court on 26/09/2023, as per assignment.
Office to take steps.
Parties and advocates to appear before the Honourable Court on 26/09/2023, as may be assigned.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv Nisha Sharma for D/H present.
Adv Akshita Vakharia h/f Adv Dharmesh S. Joshi for deft no. 4 present.
K.B. till 4.30 pm.
Latter on at 4.45 pm.
Adv J.S. Kini, Adv A. Kini and Adv Nisha Sharma for Plaintiff/D/H present and filed application for seeking directions to the registry to execute the conveyance. TOR. Exh.2.
Adv Imran Khan h/f Adv Dharmesh Joshi for defendant no. 4 present.
Matter stands adjourned on 27-09-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Adv Jayesh Kini for D/H present.
Adv Dharmesh S. Joshi for deft nos. 1 and 4 present.
Heard arguments of both sides.
Matter stands adjourned on 29-09-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Adv. Nisha Sharma for Plaintiff present.
None for defendant present.
ORDER
Registrar is directed to execute the “Rectified Deed of Conveyance” in respect of the area mentioned of the suit premises in the description given in Judgment and Decree passed in Suit No.8356 of 1986 dated 16.03.2017 of 12020 sq. mts, mentioning the description of the property with boundaries as per “first schedule”.
Matter stands adjourned on 30.09.2023.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: As Court is on leave, board discharged and matter adjourned to 07/11/2023.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Ms.Nisha Sharma, Advocate for Plaintiff present.
Ms.Khan Gulnar, Advocate for Defendant Nos.1 and 4 present.
Ms.Sharma states that Rectified Deed of Conveyance has been sent to adjudication, report of which is awaited and hence, requests for adjournment.
Hence, on request of Ms.Sharma, awaiting report of adjudication, adjourned to 11/12/2023.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Matter is not on board, taken on board by way praecipe tendered by Ms.Nisha Sharma on 29/11/2023.
Court is on leave, board discharged and on request of Ms.Sharma, matter adjourned to 12/12/2023.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: As Court is on leave, board discharged and matter adjourned to 19/01/2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Ms. Nisha Sharma, advocate for plaintiff present.
None for defendant.
Matter is taken on board by way of praecipe, marked as Exh-
Duly adjudicated Rectified Deed of Conveyance has been received in this office from the Office of Collector of Stamps, Old Custome House, Mumbai vide letter dated 28/11/2023, bearing 6446/2023, vide Marathi Inward No.3984 dated 30/11/2023.
Letter dated 28/11/2023, transmitting the Rectified Deed of Conveyance marked as Exh.Q.
Ms. Sharma, prays for appointment of officer of this Court for execution/registration of Rectified Deed of Conveyance.
Office to take steps to issue appropriate letter under the name and signature of the undersigned as Court Commissioner, u/o. XXVI of CPC, for execution/registration of Rectified Deed of Conveyance and considering the volume of work required to be carried out by the office since beginning, the cost of execution of the said deed is quantified as Rs.50,000/- to be deposited by the Plaintiff in P.L.A. Department.
Ms. Sharma submits that plaintiff is ready to bear the cost of Registration including the Commissioner charges as above.
However, if the Commissioner charges are not agreeable to the plaintiff, plaintiff may seek appropriate orders from the Honourable Court.
Plaintiff to take necessary steps for fixing the appointment with the office of sub-Registrar for registration, by coordinating with this office and to take further necessary steps.
After the registration of the Rectified Deed of Conveyance and upon receipt of the Registered Rectified Deed of Conveyance in this office, Court Commissioner is allowed to withdraw the Commission Cost.
For compliance, adjourned to 28/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Ms.Nisha Sharma, Advocate for plaintiff present.
Matter is not on board, taken on board by way of praecipe filed by Advocate for Plaintiff, marked as Exh-R.
Original Rectified Deed of Conveyance, duly registered, has been received vide letter No.1/130/2024 dated 12/02/2024 from the office of Sub-Registrar, Mumbai City No.1, Old Customs House, Mumbai, inwarded in this offcie vide Marathi Inward No.800 adted 14.02.2024.
Letter forwarding the original registered Rectified Deed of Conveyance t.o.r. marked as Exh-S.
Ms.Sharma submits that the original registered Rectified Deed of Conveyance be returned to plaintiff, by keeping the certified copy thereof on record, further stating that appropriate steps will be taken by the plaintiff accordingly.
Hence, original registered Rectified Deed of Conveyance be returned to Plaintiff by keeping the certified copy thereof on record, u/o.XIII Rule 9 of CPC.
As upon registration of Rectified Deed of Conveyance nothing survives in the matter and accordingly, Execution Application stands disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 15-02-2024