Date: 23-01-2019
Business: None for plaintiff.
None for defendant.
Kept back in second session. Later on in second session. Plaintiff in person present and filed joint consent affidavit. None for defendant. Kept back. Later on at 4.05 pm. Adv. S.R. Patel for plaintiff present.
Notice of motion 1337/2018 is pending for hearing. Today, the Ld. Counsel for plaintiff has filed one joint consent affidavit which is signed by plaintiff and D-3 to 6 and they are present. It is stated in the affidavit to dispose of the suit as per the said
terms of said affidavit. However, at this stage, the Ld. Counsel for plaintiff submits that since D-2 has not signed the affidavit, he may be returned the said affidavit. Hence the affidavit is returned to the Ld. Counsel for plaintiff. It appears that all the prayers in the suit are against D-1 and he has not signed the said affidavit. The advocate for D-1 is absent. D-1 has not filed reply to the NM. Ld. Counsel for plaintiff urged that there is urgency in this suit. He submits that D-1 is likely to create third party interest in the suit property. On perusing the earlier roznama, it appears that advocate for D-1 has not been served with the NM no. 1337/2018. Hence the request for earlier date is rejected.
Matter adj. for Reply and Hearing in NM to 28.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. S.R. Patel for plaintiff present and tendered original writ of summons
Adv. Singh for D-2 to 6 present and filed VP on behalf of D-2 to 6. He waives the service of writ of summons for D-2 to 6. He filed written statement on behalf of D-2 to 6. Copy served to both parties. He states that his written statement be treated as reply to NM no. 1337/2018.
Adv. Ms Kotak for D-1 present and seeks time to file reply in NM. Time of two weeks granted as a last chance to file reply in NM.
Matter adj. for NM Reply to 20.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Adv. S.R. Patel for plaintiff present.
Adv. for D-1 present.
Adv. Singh for D-2 to 6 present.
Matter adj. for Compliance to 19.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Adv. Patel for plaintiff present and filed affidavit of service. All the defendants are served.
Affidavit of service filed by Ld. counsel for plaintiff.
Defendant no. 1 present.
Adv. Falguni Kotak h/f Adv. Sohal E. Kazi for defendant no.1 present and filed VP and WS. Copy served on the plaintiff. She seeks time to file reply to NM
Vakalatnama filed by Ld. counsel for defendant no. 1.
Written statement filed on behalf of defendant no. 1.
Adv. Ravindra Singh for Defendant no. 2 to 6 present.
Heard both sides.
Ld. counsel for plaintiff took objection that on 17.04.18 Adv. Suresh Rajeshwar had appeared for D-1 to 3 and received copy of NM. Today, another advocate is appearing in his place, therefore defendant no. 1 may be asked as to whom he has engaged in this case.
When the Defendant no. 1 was asked, he made a statement that he represented by adv. Kazi. and VP is filed today.
In view of the above, adjournment granted for reply and hearing on NM.
Matter stands Adj for reply to NM on 08.08.19.
Next Purpose: REPLY
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Patel for plaintiff present.
Adv. Thakkar h/f Kazi for defendant no. 1 present.
Heard both sides.
Today, the matter is fixed for reply to NM by defendant no. 1. Ld. counsel for defendant no. 1 seeks time as a last chance. The above request is strongly opposed on the ground that delaying tactics are adopted by defendant no. 1. After considering the submissions made before the court last chance granted to Defendant no. 1 to file reply to NM, failing which Nm shall proceed without reply. Copy of reply shall be serve to the Ld. counsel for plaintiff well in advance before next date.
Matter stands Adj for reply to NM on 16.09.19.
Next Purpose: REPLY
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Patel for plaintiff present.
Adv. Falguni Kotak for defendant no. 1 present and submitted that reply is ready but it is not affirmed. Hence, prayed for adjournment for today only. The request is strongly opposed by the Ld. counsel for plaintiff. He submitted that last chance was already granted to the defendant no.1, if the court is inclined to grant time to defendant no.1 ad-interim order may be passed in terms of prayer clause (a) and (b) of the NM.
Adv. Singh for defendant no. 2 to 6 present.
After hearing Ld. counsel for plaintiff, I am not inclined to pass any ad-interim order as on today, as hearing of both side would be necessary before passing any order on the interim relief.
Matter stands Adj for reply to NM and hearing on interim relief to 17.09.19.
Next Purpose: REPLY
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. S. R. Patel for plaintiff present.
Adv. Thakkar h/f Adv. Kazi for defendant no.1 present and filed reply to NM. TOR.
Adv. Singh for defendant no. 2 to 6 present.
Matter stands Adj for NM hearing to 30.09.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. S. R. Patel for plaintiff present.
Adv. Sohail Kazi for defendant no. 1 present.
Heard both sides on NM no. 1337/18.
Matter stands Adj for order on NM no. 1337/18 to 21.11.19.
Next Purpose: ORDER
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Plaintiff present.
Adv. Patel for plaintiff present.
Adv. Thakkar h/f Adv. Kazi for defendant no. 1 present.
FRSR following order is passed below
ORDER
1. Notice of Motion no. 1337 of 2018 is hereby partly allowed.
2. Defendant no. 1 and his agents, servants, representatives or any one representing on his behalf are hereby directed not to sell, transfer or dispose of or create any third party interest in respect of suit premises Shop no. ALH 316, near Chandrakala book depot (Rishabh ply and Decor), Nehru Nagar, S. G.Barve Marg, Kurla (E), Mumbai-400024, during pendancy of the suit.
3. Rest of the prayers made in this motion are rejected at this stage.
4. Hearing of the suit is expedited.
NM is disposed of accordingly.
Matter stands Adj for framing issues to 17.12.19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Patel for plaintiff present.
Adv. Singh for defendant no. 2 to 6 present.
Heard Ld. counsel for plaintiff and defendant no. 2 to 6. It is submitted that there is possibility of compromise between the parties. Therefore, by consent of parties, matter be kept before Lok-adalat on 14.12.2019 for settlement.
Matter already adj. to 17.12.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Plaintiff present in person and filed draft NM along with affidavit. Leave granted to register draft NM.
Adv. Sing for defendant no. 2 to 6 present.
Matter stands Adj for reply to NM on 12.02.2020.
Next Purpose: REPLY
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Next Purpose: REPLY
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Patel for plaintiff present.
Adv. Singh for defendant no. 2 to 6 present.
Heard both sides. Defendant no. 1 and counsel are absent. On the 17.01.2020, time was granted to defendant no. 1 to submit reply, but no reply was filed on 12.02.2020 and also today no reply has come from defendant no. 1. Hence, NM no. 184/20 to proceed without reply to defendant no. 1.
Matter stands Adj for hearing on NM to 26.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
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 pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 06.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Advocate S.R.Patel for plaintiff present and seeks time. Time is granted as last opportunity.
Advocate for defendant 2 to 6 present.
The case is adjourned to 11.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Court is on leave. Hence Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Declared holiday as per office order 78 of 2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Matter called out at 03.13 p.m.
None present.
Matter stands adjourned to 20.10.2021 for NM hearing.
Later on at 03.43 p.m.
Adv. S. R. Patel for plaintiff present.
Matter already adjourned to 20.10.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Matter called out at 3.28 p.m.
Plaintiff through his Adv. Patel for present.
Adv. Ravindra Singh for Deft. No.2 to 6 present.
Ld. Advocate for plaintiff seeking permission to withdraw the NM No.184/20 with liberty to file similar application with proper prayer.
O-allowed to withdraw with liberty as prayed for.
Matter stands adjourned to 18.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: None present.
Matter stands adjourned to 04.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Matter called out at 12.29 p.m.
None present.
Matter stands adjourned to 13.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Deft. no.1 in person present.
None present for plaintiff.
Issues framed below Exh.07.
ISSUES
1. Does the plaintiff prove that Deft. no.1 is in illegal possession of suit premises ?
2. Does the plaintiff prove that he is entitled for compensation of Rs.15,500/- per month ?
3. Is the plaintiff entitled for the reliefs sought ?
4. What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 25.08.2022 for Evidence/appearance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Defendant in person present.
None present for plaintiff.
Bailiff report received. TOR. Exh.08. It shows that notices are unserved.
The defendant informed that the plaintiff is now residing at Deluxe building, 12th floor, Near Kurla Railway Sation, Kurla (East), Mumbai - 24. Hence, notice be issued at this address by Bailiff/RPAD.
Matter stands adjourned to 16.11.2022 for appearance of plaintiff.
Later on mentioned at 12.39 p.m.
Plaintiff in person present. He tendered draft CS and NM.
O-Leave granted to register.
Draft CS and NM are handed over to the plaintiff for registration.
As plaintiff in person present, no need to issue notice.
Matter adjourned to 16.11.2022 for reply on CS and NM.
Next Purpose: REPLY
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Plaintiff in person present. He tendered register CS No. 1310/22 a/w affidavit in support of CS No.1310/22.
He also tendered register NM No. 3131/22 a/w affidavit in support of NM No. 3131/22.
Defendant No.1 a/w Adv. Neha Khan present.
Adv. Ravindra Singh for defendant Nos.2 to 6 present.
Matter stands adjourned to 22.12.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: None present.
Matter stands adjourned to 23.02.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None present.
Matter stands adjourned on 25.04.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: None present.
Matter stands adjourned on 20.07.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Court is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: None for Plaintiff present.
None for defendant present.
Deft failed to file reply to Ch/s 1310/2022 and NM No. 3131/2022 since 16.11.2022, hence Ch/s and NM are proceeded without reply of Defendant.
Matter stands adjourned on 14-12-2023 for hearing on Ch/s and
NM.
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Both parties absent.
Plaintiff failed to argue NM and CS both. Hence, put up for dismissal of NM and CS.
Matter stands adjourned on 05.03.2024 for NM and CS dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: None present.
Matter stands adjourned on 04-05-2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: None present.
Matter stands adjourned on 20-07-2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 19-10-2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 17.01.2025 for N.M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Plaintiff failed to proceed with Notice of Motion and chamber Summons. Hence both stand dismissed for want of prosecution. In view of disposal of the Chamber Summons suit stands abated against defendant No.3. Issues are framed on 13.06.2022 hence, both parties are directed to file list of witnesses if any on next date and accordingly plaintiff is granted last chance to lead the evidence. Failure of which suit will be dismissed for want of prosecution.
Matter stands adjourned to 07-01-2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE(CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned for dismissal order to 23/01/2026.
Next Purpose: DISMISSAL
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present. Already Suit is fixed for dismissal order. The plaintiff, his advocate the defendants and their advocates are absent since 10.12.2020 the conduct of plaintiff shows that he loss the interest in the litigation. It is suit of year 2018. On last date the specific directions were given to the parties to take the steps inspite of such orders none present today. Earlier matter was fixed for NM hearing/ CS reply my predecessor dismissed CS and NM for want of prosecution. Issues were framed on 13.06.2022. The notice issued on Court Motion on 13.06.2022 through RPAD, again notices were issued on Court Motion on 25.08.2022. However, neither the plaintiff nor his advocate appeared in this matter. The matter is pending since 13.06.2022 for evidence of plaintiff. The plaintiff and his advocate are absent even today. It appears that the plaintiff is not interested in prosecuting the suit. No purpose will serve by keeping the matter pending without any progress. Hence, the Suit No. 3009 of 2018 is dismissed in default for want of persecution. No order as to costs. CS or NM if any disposed of as infructuous.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 23-01-2026