Date: 12-03-2020
Business: Adv Asit Singh for plff present.
Adv Dsilva for deft present.
Adv for plff tendered register NM 1064/2020. t.o.r.
Adv for deft filed reply to NM 1064/2020. t.o.r.
Adv Sujit Mane for applicant present.
Exh 03 - He filed VP for applicant. t.o.r.
He filed draft CS. Leave granted to register. Copy served to other side.
Matter stands Adj for CS reply to 23/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 16-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 13-01-2021
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present.
Matter stands Adj for CS Reply to 24/02/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv Asit Singh for plff present.
Adv Dsilva for deft present.
Adv Sujeet Mane for applicant in CS. Applicant to register the CS before next date. Copies are served to Adv for plff and deft.
Matter stands Adj for CS Reply to 23/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: P. O. is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2021
Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2021
Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv Asit Singh for plff present.
Adv Dinesh Vishwakarma for proposed deft.
He tendered register CS 642/2021. t.o.r.
Adv for plff filed reply to CS. t.o.r. Copy given to other side.
Matter stands Adj for CS Hearing to 08/10/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv Asit Singh for plff present.
None for deft.
Applicant in CS is absent.
Matter stands Adj for CS Hearing to 26/11/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Both parties and their Adv as well as applicant in Chamber Summons are absent.
Matter stands Adj for CS Hearing to 17/12/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2022
Date: 17-12-2021
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2022
Date: 17-12-2021
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Due to covid - 19 matter is adjd to
Next Purpose: C/S HEARING
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Amin Patel for plaintiff present.
None for defendant.
Applicant in CS absent.
Matter stands Adj for hearing on CS to 18/04/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2022
Date: 19-03-2022
Business: Adv. Amin Patel for plaintiff present.
None for defendant.
Applicant in CS absent.
Matter stands Adj for hearing on CS to 18/04/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2022
Date: 19-03-2022
Business: Adv. Amin Patel for plaintiff present.
None for defendant.
Applicant in CS absent.
Matter stands Adj for hearing on CS to 18/04/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: P. O. is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Asit Singh for plaintiff present.
Plaintiff present.
None for defendant.
Applicant in ch/s absent. Matter is adjd for hearing on ch/s as last chance. If applicant in ch/s fails to workout the matter on next date, order regarding dismissed in default will passed to 20/07/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant.
Applicant in ch/s is absent. On last date matter was adjd on Court motion to give one chance for applicant to work out the matter. Today also applicant is absent.
Hence ch/s no. 642/2021 stands dismissed for default.
Matter is adjd for hearing on n/m to 15/09/2022.
Next Purpose: HEARING
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 08/10/2022 on the request of plaintiff.
Next Purpose: HEARING
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Adv. Amin Patel for plaintiff present.
None for defendant present.
Sufficient time is granted to defendant to work out n/m. Today also defendant is absent. Last chance granted to defendant to work out the n/m, on failure n/m will proceed further on next date.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 01/12/2022.
Next Purpose: HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: (NOB TOB for placing the matter before National Lok-Adalat will be held on 12/11/2022.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 12/11/2022 at 10.00 a.m.
Issue notice to both parties to remain present before Naional-Lok-Adalat.
Matter is adj. to 12/11/2022 for National Lok-Adalat.
Next Purpose: HEARING
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Matter is not settled.
Adjourned to 01.12.2022.
Next Purpose: HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Amin Patel for plaintiff present.
None for defendant present.
Time granted as last chance to defendant to work out the matter, on failure matter will proceed further on next date.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 23/01/2023.
Next Purpose: HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. Asit Singh for plaintiff present.
None for defendant present. KB.
L. O.
Adv. Asit Singh for plaintiff present.
None for defendant present.
Heard advocate for plaintiff on NM NO.1064 of 2020.
FRSR following order is passed.
ORDER
1. The defendant is hereby restrained from causing obstruction and interference in the lawful possession of plaintiff in the suit premises till the decision of suit.
2. No order as to costs.
Matter adjourned for R/E on 15.04.2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Asit Singh for plaintiff present.
He seek time for R/E. Time granted.
None for defendant present.
Matter adjourned for R/E to 26/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: NOB TOB
Issue notice to both parties.
Parties are intending to settle the matter, hence matter be refer for Lok-adalat to be held on 30/04/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: NATIONAL LOK-ADALAT HELD ON 30.04.2023- (Panel-1)
PANEL HEAD - H.H.J. SHRI. S.N. PATIL
PANEL MEMBER - DR. RASIK WARBHUWAN
Matter pertaining to C.R.No.2
None present for parties.
Matter is adjourned to 13.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Advocate Mr. Amin Patel h.f. Adv. Mr. Asit Singh for plaintiff present.
None for defendant present.
Matter adjourned for R/E on 19.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Advocate Asit Singh for plaintiff present and seeks time to file evidence. O- Granted.
Defendant and advocate absent.
Matter adjourned for R.E. on 12.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: P. O. is on Leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: Advocate Mr. Amin Patel h.f. Advocate Asit Singh for plaintiff present.
Defendant and advocate absent.
Matter adjourned for Recordng Evidence on 06.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Advocate Mr. Akash Singh h.f. Advocate Asit Singh for plaintiff present.
Defendant and advocate absent.
Matter adjourned for Recording Evidence on 22.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Advocate Mr. Amin Patel h.f. Advocate Asit Singh for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for Recording Evidence on 28.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Advocate Amin Patel h.f Asit Singh for plaintiff present and seeks time. O- Granted as a last chance.
Defendant and advocate absent.
The record shows that the defendant has appeared before this court and filed his vakalatnama however thereafter he has failed to file his W.S. despite of sufficient chances given to him. Hence, no W.S. order is passed.
Plaintiff is directed to file evidence.
Matter is adjourned for Recording Evidence on 06.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Advocate Asit Singh for plaintiff present.
Kept back
Later on at 12.45 P.M.
Plaintiff filed affidavit of evidence of plaintiff Mr. Mahendra Dhanpal Yadav Taken on record and marked as Exhibit-4.
Plaintiff has also filed list of document taken on record and marked as Exhibit-5.
Matter is adjourned for Ex-parte Evidence on 02.09.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Plaintiff present and seeks time. O- Granted.
Advocate Asit Singh for plaintiff present.
Defendant and advocate absent.
Matter is adjourned for Ex-parte Evidence on 16.10.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Advocate Asit Singh for plaintiff present and filed the list of documents. Taken on record and marked as Exhibit-6.
Matter is adjourned for hearing on Admission/ Denial on 21.01.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: Advocate Asit Singh for plaintiff present and seeks time. O- Granted.
Matter is adjourned for Admission Denial on 27.03.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Plaintiff present.
Advocate Asit Singh for plaintiff present.
Matter is adjourned for Admission / Denial on 17.06.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Plaintiff alongwith his Adv. Asit Singh is present. He seeks time.
Suit is proceeding without written statement against defendant.
Matter adjourned for hearing on documents of plaintiff at Exhibit-5 on 07.08.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: Plaintiff a/w his Advocate Asit Singh for plaintiff is present.
None for defendant.
Court has to record evidence in Honble Supreme Court Time Bound matter Suit no. 3146/2011 and Honble High Court Time Bound matter Suit no. 86/2017.
Matter adjourned to 28.10.2025 for Admission / Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-10-2025
Date: 28-10-2025
Business: PO is on leave, hence adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-12-2025
Date: 12-12-2025
Business: Advocate Tousif Shaikh h.f. Advocate Asit Singh for plaintiff is present.
None present for defendant.
Despite opportunities no say filed on the documents.
Matter adjourned to 05.02.2026 for Exhibiting of the documents (Admission / Denial).
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-02-2026
Date: 05-02-2026
Business: Advocate Asit Singh for plaintiff is present.
Kept back
Later on at 12.00 Noon
Heard argument for plaintiff and perused the examination in chief affidavit of plaintiff. From the oral evidence of plaintiff, Plaintiff has proved the documents at sr. no. 1 to 3, 6 , 8 to 12 at Exhibit-5. Hence those documents are exhibited and marked as Exhibit- 7 to 15.
The documents (Exhibit-5) from Sr. No. 1 to 12 are marked as follows subject to proof of truth of its contents. -
Serial no. 1 Sale agreement dated 13.12.2019 it is marked as Exhibit-7.
Serial no. 2 Affidavit Power of Attorney dated 13.12.2019 it is marked as Exhibit-8.
Serial no. 3 Power of attorney dated 13.12.2019 it is marked as Exhibit-9.
Serial no. 6 Sale agreement dated 04.06.2018 executed between Mr. Maniram Ayodhya Benbanshi and Smt. Priti Benbashi it is marked as Exhibit-10.
Serial no. 8 The Ration card of the plaintiff in respect of the suit premises it is marked as Exhibit-11.
Serial no. 9 Compliant dated 12.02.2020 it is marked as Exhibit-12.
Serial no. 10 Letter dated 13.02.2020 it is marked as Exhibit-13.
Serial no. 11 Complaint letter dated 20.02.2020 it is marked as Exhibit-14.
Serial no. 12 Compliant to the Powai police station dated 20.02.2020 it is marked as Exhibit-15.
The documents (Exhibit-6) from Sr. No. 1 and 2 are exhibited as follows-
Serial no. 1 Bank statement it is marked as Exhibit-16.
Serial no. 2 Electricity bill in the name of plaintiff is marked as Exhibit-17.
Matter adjourned to 26.03.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2026
Date: 26-03-2026
Business: Advocate Asit Singh for plaintiff is present.
None for defendant is present.
The witness is present but none present for defendant, hence no cross order is passed on the fault of defendant.
Later on
Advocate for plaintiff has filed evidence close Pursis. TOR and marked as Exhibit-18. O- Read and recorded.
Matter adjourned to 10.04.2026 for Recording Evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: Advocate Asit Singh for plaintiff is present.
None for defendant is present.
The defendant despite giving sufficient opportunities failed to adduce evidence. Hence, evidence side of defendant came to be closed.
Matter adjourned to 18.04.2026 for arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: Advocate Asit Singh for plaintiff is present.
Kept back
Later on at 11.30 A.M.
Advocate Asit Singh for plaintiff is present.
Heard argument of advocate for plaintiff.
Matter adjourned to 04.05.2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-05-2026
Date: 04-05-2026
Business: Advocate Tausif Shaikh h.f. Advocate Asit Singh for plaintiff is present.
Kept back
Later on at 4.30 P.M.
Exhibit-19 Judgment is dictated and pronounced in open Court.
FRSR following order is passed-
ORDER
1. The suit is hereby decreed with costs.
2. The defendant, her agents, servants, or any person claiming through or under her, are hereby permanently restrained from in any manner dispossessing the plaintiff from the suit premises or interfering with his peaceful possession and enjoyment thereof, otherwise than by due process of law.
3. It is clarified that this decree is confined to protection of possession and shall not be construed as a declaration of title in favour of the plaintiff.
4. The defendant shall pay the costs of the suit to the plaintiff, as per rules.
5. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 04-05-2026