Deepak Ganpat BaitVsRajendra Ganpat Bait And Ors

Date: 29-03-2019
Business: Matter adj. for NM Hearing and Compliance to 18.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Adv. Manali Sulabhe for plaintiff present and filed original CS no. 970/19 along with affidavit.  Copy served to other side.
Adv. Atul Rathod for defendant no. 1 present.
Adv. Aditya Modi for D-3 present. and filed original NM no. 1938/19 supported with affidavit and he also filed WS.
Heard both sides. Ld. counsel for plaintiff submitted that the effect of earlier statement made by the counsel of D-1 on 28.02.19 has been continued, It may be continued till next date.
Earlier statement be continued till next date.
Matter stands Adj for reply to CS and NM to  29.08.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: As the Court is busy in dictating order in suit no. 866/2014, 1206/2014 and 9083/1995. Hence board discharged.
Matter stands Adj for Reply to NM to 26/09/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Manali Surve for plaintiff present.
Defendant no. 1 present.
Adv. Aditya Modi for defendant no. 3 present.
Earlier order dated 29.08.19 to continue till next date.
Matter stands Adj for reply to 07.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Plaintiff present.
Adv. Aakash Vikram h/f Adv. Yatin Shah for defendant no. 1 present.
Adv. Aarati Sharma for Defendant no. 3 present and seeks time to file reply to CS no. 970/19. Time granted.
Matter stands Adj for reply to CS on 12.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Plaintiff present in person and his advocate absent.
None present for defendant.
Reply not filed to CS by the defendants. Hence, the CS to proceed without reply.
Matter stands Adj for CS hearing to 04.02.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Court is busy in dictating order in suit no. 380/18 and in 725/18.
Hence, board is discharged.
Matter stands Adj for hearing on CS to 20.03.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv. Sanath Desai for plaintiff present.
There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for CS hearing to 22.04.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 13-05-2020

Date: 13-05-2020
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: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Advocate Ms.Neha Tikam for plaintiff present and filed vakalatnama. TOR and marked as Exh.5.
O- Filed.
None for defendant.
Advocate for Plaintiff sought time for hearing on Ch/s.
Time is granted.
The case is adjourned to 10.02.2021 for hearing on Ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Advocate Sanad Desai for plaintiff present.
None for defendant.
KB
LO at 4.50pm
Advocate Sanad Desai for plaintiff present.
Advocate Abhishek Tripathi h/f adv. Yatin Shah for defendant no.1 present.
Heard advocate for Plaintiff on Ch/s.
F.R.S.R.following order is passed
ORDER
1. Chamber Summons No. 970/19 is made absolute in terms of prayer clause (a).
2. Plaintiff shall carry out the corrections within two weeks from today.
3. The Plaintiff shall serve the copy of plaint on the defendants and shall submit a typed copy of corrected plaint in the Court for the purpose of decree on or before next date.
4. Costs in cause.
The case is adjourned to 19.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: As Court is busy in hearing in suit no. 651/13 , NM in SU No. 134/17, 1225/09, 2903/18,189/19 and also in other matters on board the case is adjourned.
The case is adjourned to 23.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter called out at 5.19 pm.
Adv. Neha Tikam for plaintiff present.
Adv. for defendant absent.
Pltff tendered amended plaint.  TOR.
Matter stands adjourned to 28/10/2021 for hearing of motion.
Next Purpose: HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Matter called out at 03.11 p.m.
Adv. Ankit Sawant for plaintiff present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 09.12.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Matter called out at 3.02 p.m.
Adv. Neha Tikam for plaintiff present.
Adv. Ravi Jaiswal for Deft. no.1 present.
None present for Deft. No.3.
Heard ld. Advocate for the plaintiff.
Perused NM No.1938/19.
Admittedly, writ of summons on Deft. No.3 on 24.02.2019 and he has filed instant motion on 03.06.2019.  The Defendant contended in the motion that on adjourned date where his WS was ready but due to miscommunication it could not be filed.  As the plaintiff has not seriously disputed the reasons cited by the defendant, the NM needs to be allowed.
Thus,  I proceed to pass the following order.
1.    NM No. 1938/19 is allowed in terms of prayer clause (a).
2.   Deft. No.3 is directed to file WS within a period of 15 days from the date of order.
3.    NM disposed off accordingly.
Matter stands adjourned to 21.01.2022 for NM hearing/WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv. Neha Tikam for plaintiff present.
WS of Deft. No.3 was already filed on record therefore, marked as Exh.6.
None present for defendant.
Matter stands adjourned to 31.03.2022 for WS of Deft. No.2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Matter called out at 3.08 p.m.
None present.
Matter stands adjourned to 22.06.2022 for WS.
Later on at Adv. Pratik Korgaonkar for plaintiff present.
Already adjourned to 22.06.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None present for plaintiff and defendant.
Matter put up for NM dismissal.
Matter stands adjourned to 03.08.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Pratik Korgaonkar for plaintiff present.
Adv. Ratnesh Shukla for defendant present.
Put up for NM hearing.
Matter stands adjourned to 28.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Pratik Korgaonkar h/f Adv. Sachin Kadam for plaintiff present.
Adv. Yatin Shah for Deft. no.1 present.
K.B.
Later on called out at 3.41 p.m.
Adv. Pratik Korgaonkar for plaintiff present.
Adv. Yatin Shah for Deft. no.1 present.
Part heard advocate for plaintiff.
Matter stands adjourned to 18.11.2022 for NM (p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Pratik Korgaonkar h/f Adv. Sachin Kadam for plaintiff present. He seeking time for further arguments. O-Granted.
Adv. Yatin Shah for defendant No.1 present.
Matter stands adjourned to 15.12.2022 for NM (P.H.).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Deft. no.1 a/w Adv. Yatin Shah present.  He submitted that the building in which suit flat is situated is already demolished.
None present for plaintiff.
Put up NM for dismissal.
Matter stands adjourned to 04.01.2023 for NM dismissal.
Later on at 4.18 p.m.
Adv. Pratik Korgaonkar h/f Adv. Sachin Kadam for plaintiff present.
Already adjourned to 04.01.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv. Pratik K. Korgaonkar h/f Adv. Sachin Kadam for plaintiff present.
Adv. Dhanesh Singh for defendant present.
Heard both sides on N/M No.1018/2019.
Following order is passed on N/M No.1018/2019
O R D E R
     Heard both sides. The defendant submitted that suit structure is already demolished. The plaintiff also admitted this fact. The plaintiff has taken out this N/M for temporary injunction in respect of the flat which is not in existence. Therefore, this N/M does not survive. The plaintiff has liberty to take appropriate steps, if new flat is constructed in redevelopment, consequently, I am of the view that N/M No.1018/2019 stands disposed of as infructuous.
Nature Of Disposal: OTHER
Disposal Date: 04-01-2023

Main Case No: SUIT/0100343/2019
Main Cnr: MHCC010014932019
Main Filing No: 111447

Filing Number: 102875/2019
Filing Date: 07-03-2019
First Hearing Date: 29th March 2019
Decision Date: 04th January 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE