Gerold Vivian BangeraVsC. Raghunath Menon @ Raghunath N. Nair +1 more

Date: 16-09-2021
Business: Adv. Deenanath Kamath for plaintiff present.
Adjd for report to 20/10/2021
Next Purpose: REPORT
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Dt.20/10/2021
Suit  1519/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Mr. kamath For plaintiff present.
None for defendants.
Pursis filed by adv. For plaintiff to take on record affidavit of service. t.o.r.
Report of bailiff Bangera shows that deft No. 1 and 2 are served with writ of summons.
Adjd for exparte orders to 25/11/2021
Next Purpose: ORDER
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: At 11.00 am
Adv. Deenanath Kamath For plaintiff present.
Exh-2 Adv. Jeetendra Ramugade and Adv. Priyanka Chandeliya filed vakalatnama on behalf of defendant NO. 2. t.o.r. O- Filed
Adv. For defendant No. 2 filed draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
ORDER passed below unregistered Notice of motion.
The notice of motion is filed by defendant No. 2 that there is one day delay to file Written statement therefore to condone it and allow to file Written statement. The notice of motion is supported by Affidavit of Vaibhav Hatkar, committee member of deft No. 2. society. Adv. For plaintiff filed reply and has no objection to condone one day delay. Hence pass following order
1. The delay of one day to file Written Statement is condoned and Written statement is taken on record.
2. Accordingly, Notice of Motion is disposed of.
3. The unregistered notice of motion be registered for statistical purpose.
Exh-3 Written statement filed by adv. For defendant No. 2. t.o.r. O- Read and recorded.
Adv. For plaintiff stated that he has received the copy of Written statement.
Adjd for framing issues to 05/01/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. For plaintiff present.
Exh-04 Issues framed.
Adjd for filing list of witness to 12/04/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Deenanath Kamath for plaintiff present.
List of witnesses filed by adv. For plaintiff. T.O.R.
Adjd for recording evidence to 19/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 16-09-2022 for evidence of plaintiff
LO at 1.10 pm.
Adv. Deenanath Kamath  a/w plaintiff present and filed evidence affidavit of plaintiff (PW-1) t.o.r.marked as Exh. 5
He also filed list of document t.o.r. marked as  Exh. 6
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: None for plaintiff.
Adv.  Priyanka Chandaliya for defendants no.2 present and submitted that the plaintiff has not provided copies of Exh. 5 and 6.
None for defendant no. 1
The plaintiff is directed to provide copies of Exh. 5 and 6 to the defts.
LO at 11.50 am.
Adv. Dinanath Kamath a/w plaintiff present and filed copies of Exh. 5 for defendants no. 1 and 2 t.o.r.
He also filed additional list of documents t.o.r. marked as Exh.7
Matter is adjd.to 25-11-2022 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. Deenanath Kamath  a/w plaintiff present.
Adv. Priyanka Chandeliya  for defendant no.2  present and received copies of Exh. 5.
None for defendant no. 1
The plaintiff is directed to provide copies of Exh. 6 and Exh. 7 to the defts.
Matter is adjd.to 17-01-2023 for say on documents and evidence of PW - 1 Gerold on Exh. 5.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Deenanath Kamath a/w plaintiff present.
None for defendants no. 1 and 2
Matter is adjd.to 21-02-2023 for say on documents and evidence of PW - 1 Gerold on Exh. 5
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv. Deenanath Kamath for plaintiff present and filed evidence close pursis t.o.r. marked as Exh.8
None for defendants no. 1 and 2
Matter is adjd.to 28-03-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. Deenanath Kamath  a/w  plaintiff  present
None for defendants no. 1 and 2
As the defendants have failed to file say on documents, matter is kept for hearing on exhibition of documents
Matter is adjd.to 13-06-2023 for hearing on exhibition of documents and evidence of PW - 1 Gerold on Exh.5
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. Deenanath  Kamath for plaintiff present.
None for defendant present.
Heard advocate for plaintiff on Exh 6 and 7.
Matter adjourned for order on Exh 6 and 7 and Cross examination of PW-1 to 15/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: Adv.  Deenanath Kamath for plaintiff present.
Plaintiff present.
None for defendant present. KB.
L. O.
Heard advocate for plaintiff.
Order below Exh. 6.
Document at serial no. 1 Plaintiff has filed original allotment letter dt. 14/12/1978 issued by the MHADA in favour of defendant no. 1. duly proved in the evidence, hence it marked as Exh. 8.
Document at serial no. 2 is original maintainance receipt duly proved in the evidence of plaintiff, hence collectively  it marked as Exh. 9 (Colly)
Document at serial no. 3 is copy of power of attorney executed by defendant no. 1 in favour of plaintiff, duly proved in the evidence of plaintiff, hence it marked as Exh. 10.
Document at serial no. 4 is copy of survey conducted by MHDA. The plaintiff has filed the Xerox copies of the survey, therefore it can not be read in evidence. Thus document filed at serial no. 4 to 6 can not be exhibited.
Document at serial no. 7 is also xerox copy of letter, thus it can not be also exhibited.
Document at serial no. 8 maintanance bill issued by defendant to society in name of plaintiff, hence be marked collectively as Exh. 11 and 12 .
Document at serial no. 7 is xerox copy of letter issued by defendant no. 2 society and its ledger entries but this document are xerox, hence can not be exhibited.
Document at serial no. 8 is original letter issued by society to the plaintiff, hence can be read in evidence and it is correspondent between parties, hence the letter be marked as Exh. 13 to 17 respectively.
Document at serial no. 9 plaintiff has filed original copies of Telephone bills, hence collectively marked as Exh. 18.
Document at serial no. 13 copy of Adhar Card and Election card be exhibited as exh. 19.
Document at serial no. 14 the plaintiff filed on record the copy of original passbook bank account and copies of original insurance policies, hence be collectively marked as Exh. 20.
Document at serial no. 15 the plaintiff filed on record NOC issued by defendant no. 2 in favour of defendant no. 2 is original letter, hence can be exhibited, thus marked as Exh. 21.
Document at serial no. 16 the plaintiff has filed copy of affidavit of defendant no. 1, original copy it is filed on record, hence it can be exhibited and marked as Exh. 22.
Document at serial no. 17 is original letter issued by MHADA on 27/11/2019 by stating that suit property is transfer to defendant no. 2 society. Letter can be exhibited, thus it can be marked as Exh. 23.
Order below Exh. 7
The plaintiff has filed additional list of document vide Exh. 7.
Document at serial no. 1 is original copy of Ration card dated 28/12/1989 in respect of flat no. 9024, hence it can be marked as Exh. 24
Document at serial no. 2 is also Reation card dated 03/11/2001, hence it can be marked as Exh. 25
Both documents are original can be exhibited, thus can be exhibited as marked as Exh. 24 and 25.
Matter adjourned for R/E to 21/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: P.O. is on leave, matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Adv. Dinanath Kamath for plaintiff present.
PW No.1 Gerold Bangera present and stated that he is  ready to go through the cross examination but non present for the defendant. Thus, if on the next date defendant failed to cross examine of the plaintiff no cross order passed against them.
None for defendant.
Matter adjourned for cross examination of PW.1 to 05-01-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Adv. Dinanth Kamat For plaintiff present.
PW.1 Present.
None For defendant present.
PW 1 Gerlod Bangera present.
None for defendant hence no cross order passed against  defendant.
Plaintiff is already filed evidence closing pursis Ex.8 hence matter adjourned for final argument.
Matter adjourned to dtd: 30.01.2024 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Adv.  Dinanath Kamat for plaintiff present.
Plaintiff present.
None For defendant present.
Partly heard advocate for plaintiff.
Matter adjourned for argument P. H. to 08/02/2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Adv. Dinanath Kamat For plaintiff present.
Plaintiff in person present.
None  For defendant present.
Matter adjourned for Judgment to 05/03/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Plaintiff present.
Adv. Malcolm Vaz for plaintiff present.
None For defendant present.
Today matter is kept for Judgment but advocate for plaintiff filed an application. TOR, and marked as exh. 26 for submittting relevant citation and also wants to argue the matter.  So in the interst justice adjournment granted.
Matter adjourned for argument (Ex-parte) to 27/03/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: None present.
Matter adjourned for argument to 10/09/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: None present.
Plaintiff is granted last chance to argue.
Matter adjourned for Final argument to 15/10/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Adv. Merry for plaintiff present.
None for defendant present.
Plaintiff seeks time to argue. Last chance granted.
Matter adjourned for Argument to 03.12.2024
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: PO is on leave hence matter adjourned
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2025

Date: 02-01-2025
Business: None present.
Plaintiff failed to argue, hence kept for necessary order.
Matter adjourned for order to 29/01/2025.
Later on..
Adv. Malcolm Vaz a/w Deenanath Kamath for plaintiff present.
Next Purpose: ORDER
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: None present. Kept back..
Later on at 4.00 PM..
None present.
Suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-01-2025

NOTICE OF MOTION/103058/2021

Registration Number: 101519/2021
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 102832/2020
Filing Date: 28-02-2020
First Hearing Date: 16th September 2021
Decision Date: 29th January 2025
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE