Shakir Tahir Ali Mor.VsBadruddin Najmuddin Kapasia +6 more

Date: 20-02-2020
Business: By precipe.
Adv. Khan Javed Akhtar for plaintiff present.
Adv. Rajesh Khobragade for deft. nos.1 to 6 present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Vakalatnama filed by Adv. Khobragade for deft. nos.1      to 6.
O. - Seen and filed.
Draft N/M tendered by plaintiff.  Leave is granted to register.
Ld. counsel for plaintiff prays for ad-interim relief.
Heard.
ORDER IN DRAFT N/M
The argument of Ld. Counsel for plaintiff is that the plaintiff was given to the vice of consuming liquor.  The documents i.e. memorandum of understanding and documents of surrender of tenancy were obtained by playing fraud upon the plaintiff.  He would submit that the alleged deal in the MOU was for Rs.30,52,000/- and the plaintiff has accepted only Rs.5 Lacs.  The plaintiff has not received the balance amount of Rs.25,52,000/-.  On the basis of documents, the defendants no.1 to 6 have executed registered tenancy agreement in favor of def no.7.  He would submit that ex-parte decree was obtained and the same is put for execution.  He would submit that if the decree is executed then the plaintiff would lose the possession. The plaintiff would suffer irreparable loss.  As plaintiff is in possession, he is having prima-facie case in his favor.
Ld. counsel for deft. nos.1 to 6 submitted that the decree passed by Small Causes Court is not challenged before the Appellate Court.  The plaintiff in collusion with deft. no.7 has filed the suit.  The plaintiff has executed MOU and also executed the surrender letter and affidavit/ indemnity bond.  The documents shows that the plaintiff has surrendered his tenancy and now, in order to create complication has filed this suit.  He would further submit that this court has no jurisdiction to entertain and try the present suit.
At the outset, this court is not sitting in the Appellate Jurisdiction to examine the legality and proprietary of the order passed by the Small Causes Court.  On perusal of the plaint avernments, it reflects that the plaintiff was in urgent need of money and the plaintiff on the assurances given by defendants accepted the sum of Rs.5 lacs.  After signing the documents, the same was kept in the custody of plaintiff and it was assured that unless the payment is made in entirety, the documents shall not be handed over to the defendants.  This statement of the plaintiff speaks in volume at this prima-facie stage that the plaintiff was aware of the transaction in MOU and the document of MOU was with him.  The contention of the plaintiff is that the plaintiff was supposed to hand over the possession after receipt of the entire amount.  At this juncture, it would not be proper to make thorough inquiry whether the plaintiff has received the entire consideration on surrender of tenancy.  The other limb of argument is that the MOU does not show the area of the suit premises.  Even in the tenancy agreement, the area is mentioned as 5.48 sq. meter which is nothing but an attempt to deceive the Government from payment of stamp duty.  At this stage, the inquiry on that aspect of the matter is not relevant.
The plaintiff apprehends dispossession.  The contention of the Ld. Counsel for plaintiff is that the plaintiff wish to seek indulgence of this court for restraining the defendants from further acting or implementing the MOU and the purported tenancy agreement dated 18.02.2016. It would not be proper to comment at this stage whether the MOU or the other documents executed are outcome of the fraud.  It needs detail inquiry to come to any conclusion.  The stand of the plaintiff is that he is chronic alcoholic since the year 2015 is without prima-facie any material.  The document of rehabilitation center is from the period April 2019.  When the plaint avernments itself suggests that the plaintiff has accepted an amount of Rs.5 lacs and was aware of the MOU, then what he did for last five years is not coming on the record.  Even otherwise, there is nothing to show that the defendants are taking forcible possession of the suit premises.  The defendants are taking possession through the process of court in an execution proceedings in compliance of the decree passed in R.A.E. suit no.898/2018 dated 04.07.2018.  The interference at this stage would amount to prevent defendants from executing the decree which is out of the ambit and scope of the relief of injunction.  Thus, in this background, the plaintiff has not made out any prima-facie case.  The needle of balance of convenience does not tilt in favor of the plaintiff.  No irreparable loss would be caused to the plaintiff.  Thus, the plaintiff is not entitled for ad-interim protection, hence, it is expedient to pass the following order.
ORDER
1.     Prayer for ad-interim relief is rejected.
The matter is already adjd to 09.03.2020 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Khan Javed Akhtar for plaintiff present.
Adv. Abhijit Naik for deft. present.
Additional affidavit filed by the plaintiff.  T.O.R.
Ld. counsel for deft. seeks time to file reply.  Granted.
Registered N/M No.1031/20 tendered by plaintiff.  T.O.R.
The matter is adjd for reply to N/M to 26.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Business: adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 05.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Adv. Mr. Ashish Shaikh  for plaintiff present.
None present for the deft.
The matter is adjd for N/M reply  to 29.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Asif Shaikh for plaintiff present.
None for deft.
Adjourned as a last chance for deft. to file reply to N/M.
The matter is adjd for reply to N/M to 04.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Jaiswar for plaintiff present.
Adv. Khobragade for deft. present.
Ld. counsel for deft. seeks time for reply to N/M.  Already last chance was granted to the deft. to file reply.  Hence, N/M to proceed without reply of deft.
The matter is adjd for hearing on N/M to 08.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 22.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None present.
Keep the NM for dismissal.
Matter adjd for dismissal of NM on 20.12.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Shaikh for plaintiff present.
None present for defendant.
Matter adjd for NM reply on 01/03/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Amit Jaiswal for pltff present.
None for deft.
Deft has failed to file reply to NM, Hence NM to proceed without reply.
Matter is adjd to 10/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Plaintiff and his advocate absent.
Wife of plaintiff present.
KB...at 4.00 pm
Adv. Amit Jaiswal for plaintiff present.
on oral request of Ld. Advocate for plaintiff matter is adjourned for NM hearing.
Matter adj for NM hearing to 19/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv.Amit Jaiswal for plaintiff is present.
None present for defendant.
Matter adjd to 06.08.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present.
Matter adjd to 03/09/2022 for  withdrawal .
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order 178 of 2022 dated 25.08.2022, holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is take on today''s board and for want of time matter is adjourned to
Next Purpose: WITHDRAWAL
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: None present for plaintiff and defendant.
KB LO at 3.40 p.m.
Issue notices to both the parties for attending National Lok Adalat schedule to be held on 12.11.2022 at 10.30 a.m.
Matter adjd to 12.11.2022 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: Both parties are absent.
Matter is not settled.
Adjourned to 23.11.2022
Next Purpose: FOR___________________
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None present for plaintiff and defendant.
Matter adjd to 24.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: P.O. is on leave.
Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None present for plaintiff and defendant.
Matter adjd to 10.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None present for plaintiff and defendant.
Roznama shows that since 06.08.2022, none present for the plaintiff and defendant. Hence, the NM be kept for dismissal order.
Matter adjd to 10.08.2023 for NM dismissal order.
Next Purpose: ORDER
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: P.O. is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None present for plaintiff and defendant.
Inspite of giving opportunities to the plaintiff, the plaintiff failed to argue NM. Hence, NM No. 1031/2020 stands dismissed for default.
Inspite giving opportunities to the the defendant , defendant failed to file WS. Hence, matter proceeded with without WS of defendant.
Matter adjd to 02.12.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: None present for plaintiff and defendant.
Last chance granted to the plaintiff for adducing evidence.
Matter adjd to 06.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None present for plaintiff and defendant.
Matter adjd to 02.05.2024 for evience of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: P. O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: None present for plaintiff and defendant.
Matter adjd to 26.09.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: P. O is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: None present for plaintiff and defendant.
Sufficient time is granted to plaintiff to lead oral evidence. Last chance granted, on failure further order will be passed on next date.
Matter adjd to 21.12.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: None present for plaintiff and defendant.
Sufficient time is granted to plaintiff to lead oral evidence. From roznama it is seen that none appeared on behalf of plaintiff since 06.08.2022. It is further seen that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-12-2024

NOTICE OF MOTION/101031/2020

Filing Number: 102222/2020
Filing Date: 17-02-2020
First Hearing Date: 20th February 2020
Decision Date: 21st December 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE