Date: 13-03-2018
Business: Adv. Mr. Praful Pawar for plaintiff present.
He filed draft N/M. Seeking leave to register.
O- Leave granted for registration.
Defendant present.
Adjd to 5.4.2018 for N/M reply/ service
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: As court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2018
Date: 25-04-2018
Business: Adv. Mr. Sachin Gelye for plaintiff present.
He tendered registered N/M no. 1114/18.
He also filed original summons with bailiff report.
None present for defendant.
Heard the advocate of plaintiff.
The defendant has been duly served the writ of summons but has failed to remain present in court. Considering the circumstances of the case, following order is passed-
Order
Defendant is directed not to create third party rights with respect to suit premises till filing of reply to NM.
Adjd to 30.6.2018 for written statement/N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: Plff.and Adv.Sachin Gelye for Plff.present.
Adv.Jayesh Bhatt for Deft.present.
He filed written statement t.o.r.and marked at Exh.2.
It is submitted by Learned advocate for Defendant that written statement be treated as reply to N/m.
Order below N/m No.1114/2018
Today before the court defendant Mustaqeem Ahmed Ansari is present. He has made statement at Bar that he will not alinate, transfer, surrender, sale, disposed of, or create third party right or interest in the suit premises. His statement as accepted as an undertaking before the court. In view of the statement made by the defendant, N/m No.1114/2018 stands disposed of. It be removed from Board.
Adjd.for draft issues on 22.10.2018.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv.Mr.Sachin Gele for Plff. present.
None for defendant.
Adv.for Plaintiff filed draft issues t.o.r.
Adjd.for draft issues of defendant on 15.03.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Plff and Adv absent.
Adv. Mishra for Defendant present.
Deft filed draft NM alongwith affidavit in support.
Leave granted to register it.
Copy be served on Plaintiff.
Adj for service to 20.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Adv. Arpana Mhatre for Plaintiff present.
Adv. Jayesh Bhat for Defendant present.
Reply filed by Plaintiff t.o.r.
Adv for defendant wants to file rejoinder to the reply of Plaintiff.
K.B.
L.O.
Defendant tendered original NM 1363/19 t.o.r.
He also filed rejoinder to reply filed by Plaintiff.
Copy given to other side.
Adj for NM hearing to 22.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Arpana Mhatre for Plaintiff present.
Defendant present. Adv absent.
Draft Ch/s filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy be given to other side.
Adj for reply to Ch/s and NM hearing to 23.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Arpana Mhatre for Plaintiff present.
Adv. Jayesh Bhat for Defendant present.
Plaintiff tendered original Ch/s No.1376/2019
K.B.
L.O.
Adv. Sachin Gelye for plaintiff present.
Adv. Jayesh Bhat for defendant present.
Heard arguments Advocate for defendant.
Partly heard arguments of plaintiff.
Adjd for further arguments to 18.09.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Plaintiff and his adv. absent
Defendant present.
Adv.Jayesh Bhatt for defendant present.
Adv for plaintiff absent. Matter is for argument of adv. Of plaintiff. It is adjourned as a last chance in the interst of justice.
Matter is adj. to 17.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Sachin Gele for plaintiff present.
None present for defendant.
Advocate for plaintiff filed an application seeking permission to withdraw suit vide Exh.03
KB
Plaintiff present.
Defendant present.
Adv. Jayesh Bhatt for defendant present.
Advocate for defendant filed reply to application Exh.03.
ORDER PASSED BELOW EXH.03
Perused application and reply of defendant. Verified plaintiff. He voluntarily admits that he wants to withdraw present suit as he has to file suit before the Small Causes Court.
Learned advocate for plaintiff submitted that plaintiff intends to file suit before Small Causes court therefore sought permission to withdraw present suit with liberty to institute fresh suit.
Considering above submission of the plaintiff permission is granted to withdraw present suit with leave to institute fresh suit subject to payment of costs of Rs.1000/- to the defendant. Accordingly, application is allowed and disposed off accordingly.
Costs paid by plaintiff to defendant.
ORDER PASSED BELOW EXH.01
Plaintiff and his advocate present. Defendant is present. Plaintiff has filed an application vide Exh.3 seeking permission to withdraw suit with leave to institute fresh suit. Said application has been allowed subject to payment of costs of Rs.1000/- to the defendant. Plaintiff has already paid costs to defendant. Therefore, suit stands withdrawn and accordingly disposed off. Bill of costs be drawn up accordingly.
ORDER PASSED BELOW NOTICE OF MOTION NO.1363 OF 2019
This notice of motion is taken out by the defendant under Order 7 Rule 11 of CPC in suit No.550 of 2018. Said suit has been withdrawn by the plaintiff. Present notice of motion is taken out in a cause and when said suit has already been disposed off then notice of motion has become infructuous. Therefore, notice of motion No.1363 of 2019 stands filed and disposed off accordingly.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1376 OF 2019
Chamber summons is taken out in suit No.550 of 2018 which has already been withdrawn therefore present chamber summons does not survive accordingly dismissed for want of prosecution and disposed off accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-10-2019