Mr. Ravindra Bajirao Bhosale S/o Bajirao Maruti Bhosale - Suit St. No. 2319/2020VsMr. Balu Maruti Bhosale

Date: 26-02-2020
Business: Advocate Ms. Poonam Kadam for Plaintiff present and sought extension of time to serve Notice of Motion and writ of summons upon Defendants through sheriff\''s office. O-Time extended till next date.  Short service through sheriff\''s office allowed.
None present for Defendant.
Case is adjourned to 02/03/2020 for service/NM reply/hearing.
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Plaintiff with advocate Mr. Manoj Jaiswal for Plaintiffs present  and filed registered Notice of Motion no.890/2020 with affidavit in support, t.o.r.  He also filed affidavit of service of Notice of Motion, t.o.r.
Defendant no.4 who is son of Defendant no.1 with advocate Mr. Redekar for Defendants present and requested to keep the matter back for filing vakalatnama.
K.B.
L.O. at 4.00 p.m.
Advocate for Plaintiff filed registered Notice of Motion no.849/2020 with affidavit in support, t.o.r.
Advocate for Defendants filed vakalatnama for all Defendants, t.o.r. In Notice of Motion no.849/20 Plaintiffs have claimed temporary injunction restraining Defendants for forcefully entering into suit premises and for restraining Defendants from dispossessing Plaintiff from suit premises without following due process of law. Later on Plaintiffs have filed Notice of Motion no.890/20 for restoring Plaintiffs possession over suit premises. In view of fling of Notice of Motion no.890/20, I find that Notice of Motion no.849/20 has become infructuous hence Notice of Motion no.849/20 stands disposed off.
Heard Plaintiff\''s advocate about ad interim relief claimed in NM no.890/20. Plaintiff advocate referred all the documents annexed to the plaint and submitted that Plaintiffs were dispossessed from suit premises on 21/02/2020 and it is necessary to restore Plaintiffs possession over suit premises. Plaintiffs advocate cited the case between Ramesh Devchand v. Jayantkumar Goverdhandas Madani and ors. reported in 1998 AIR (Gujrat) 120. Said judgment is in respect of restoration of possession of Plaintiffs by way of interim order.
Defendants advocate Mr. Redekar submitted that Plaintiffs were not possessing suit premises even prior to 21/02/2020 and Defendants were possessing it. It is pointed out that the annexture-II prepared by SRA shows that suit premises was allotted only to Defendant no.1 after re-development of the old property.  Defendants advocate further submitted that Defendants are intending to file detailed reply in respect of Notice of Motion taken out by Plaintiffs.  According to Defendants advocate the relief of restoration of possession of suit premises, if will be granted without pleadings in the plaint, it will amount to decree without pleadings and prayer to that effect. Hence, according to Defendants advocate, NM is necessary to be decided on merits after giving fair opportunity to Defendants to file their detailed reply.
Plaintiffs advocate submitted that annexture-II issued by SRA can not take away the rights of all the persons who are entitled to possess the redevelop property. Any how, after giving serious consideration, I find that no ad interim relief can be granted unless Defendants are given opportunity to file reply, however it is made clear that, as the relief of restoration of possession is sought by Plaintiff, Defendants should file their reply on next date without fail.  Meanwhile, Defendants are directed to serve the copy of NM reply upon Plaintiffs in advance. Plaintiffs are directed to make the amendment in the plaint showing the exact date and time of their dispossession and the prayer for their restoration of possession over suit premises by way of interim relief.  Plaintiffs may take out Chamber Summons for amendment even prior to next date so that such a Chamber Summons also can be decided on next date.
Case is adjourned to 11/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Advocate Mr. Jaiswal for Plaintiffs present and submitted that wife of Plaintiff no.4 is hospitalized and she is in ICU hence necessary steps for amendment in the plaint will be taken on next date.
Advocate Mr. Redekar for Defendants present and filed reply to Notice of Motion no.890/2020, t.o.r.
Plaintiffs advocate submitted that copy of reply of NM no.890/2020 is served by advocate for Defendants upon him.
Plaintiffs are directed to get registered suit till next date by removing office objection.
Case is adjourned to 24/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rainfall, and Covid-19 it seems that parties not turned to the court, hence adjourned to 26-09-2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2020

Date: 26-09-2020
Business: Wrongly on board.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020

Date: 10-03-2021
Business: None present for plff.
Adv Mr. Reddekar for deft present and brought to the notice that plff have yet not removed the office objections for getting the suit registered. Plffs are directed to remove office objections, if any within four weeks from today.
As nobody is present for plff, matter is adjd. for NM hearing to 30.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: None present for plff.
Adv Mr. Redekar for defts present.
As is pointed out by ld. Advocate for the deft, plff was directed to get the suit registered by removing the office objections, as per roznama dt.11.03.2020. Plff has not taken steps in that line till date.
As nobody is present for the plf today, NM No.890/2020 and the stamp suit be kept for order on next date.
Matter is adjd. for order to 15.11.2.021.
Next Purpose: ORDER
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None present for the plff.
Adv Mr. Redekar for defts  present.
As nobody is present for the plff and as roznama shows that nobody has attended the matter for and on behalf of the plaintiff since last many dates, N.M.No.890/2020 is dismissed in default for want of prosecution.
Plaintiff to remove the office objections if any within two weeks from today and get the suit registered failing which, the plaint shall be deemed to have been rejected.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-11-2021

Registration Number: 100890/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 102627/2020
Filing Date: 26-02-2020
First Hearing Date: 26th February 2020
Decision Date: 15th November 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE