Mrs. Neelam Vinod GuptaVsMr. Yogesh Prahlad Halwai +3 more

Date: 19-09-2018
Business: By precipe.
Adv. Mr. Pratap Singh for the Plaintiff present.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for giving directions to defts to restore possession of the plff in respect of the suit premises. t.o.r. Leave granted to register.
Issue writ of summons through bailiff.
Already matter is adjd. to 8.10.2018 for proof of service of writ of summons
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2018

Date: 08-10-2018
Business: The Court is busy in dictating orders in Su nos. 10021/88 and 7485/83. Hence, board is discharged.
Matter is adjd. to 14.11.2018
LO at 4.00p.m.
Adv. Mr. Pal for the plff present.
Original Notice of Motion no. 3791/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Application filed by the plff for extension of time to serve writ of summons to the deft. t.o.r Application is allowed to serve the writ of summons to the deft through bailiff of sheriff office.
Already matter adjd to 14.11.2018
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Adv. Mr. Pal for the Plaintiff present.
Adv. Ms. Anushka Srestha for Defendant nos. 1 to 4 present and she undertakes to file Vakalatnama on next date.
Matter is adjd. to 16.01.2019 for reply to N/M/ W.S by the deft.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Adv. Mr. Shirgepp for the Plaintiff present.
None present for defendant.
Adv for the plaintiff seeks adjournment. Adjourment is grant4ed subject to time stipulated in the CPC.
Matter is adjd. to 8.03.2019 for reply / W.S
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Resumed.
None for plaintiff.  Adv. Anushka Shreshta for def. Nos. 1 to 4 is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 2 A - Application for extenion of time to writ of summons.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh.  6 - Vakalatnama of Adv. Anushka Shreshta for def. Nos. 1 to 4. O- seen and filed
Exh. 7 - Written statement of def. Nos. 1 to 4. O- R and R.
Adv. Shreshta also filed affidavit in reply to NM.  In the last roznama it is incorrectly recorded that Adv. Shirguppe for plaintiff was present.
Adjd for NM arguments to 11.06.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv. Pratap Singh for plaintiff present.
Defendant no. 1 present.
Adv. Anushka Shreshta for all defendants present.
Heard arguments of both sides on NM.
List of documents filed by defendants.  TOR.
Adjourned for order on NM to 17.6.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2019

Date: 11-06-2019
Business: Adv. Pratap Singh for plaintiff present.
Defendant no. 1 present.
Adv. Anushka Shreshta for all defendants present.
Heard arguments of both sides on NM.
List of documents filed by defendants.  TOR.
Adjourned for order on NM to 17.6.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: None present for both the parties.
FRSR following order is passed on NM No. 3791/18
1. Notice of Motion No. 3791/18 stands rejected.
2. Costs in the cause.
3. Notice of Motion No. 3791/18 is disposed of accordingly.
________________________________________________
Adjourned for filing draft issues to 21.8.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: None present.
Adjourned for framing issues to 7.9.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Adv. Pal for plff.
Adv.Anushka Srestha for deft.
Adjd. to 16.11.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Adv. Pal for plaintiff present.
Adv. Sadika Naik for defendant present.
Adjourned for issues to 18.2.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: None present.
The matter is adjd for framing issues to 18.04.2020.
L.O.
Deft. present.  Adv. Varsha Bandarkar for deft. present.
The matter is already adjd for framing issues to 18.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 21.12.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None present.
The matter is adjd for issues to 19.03.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: None present.
The matter is adjd for framing issues to 23.06.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 20/08/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Adv. Pal for plff is present.
Adv. Naik for deft is present.
Heard learned advocates of both the sides.
Perused the pleadings on record. The main suit is with a prayer that a plaintiff should not be dispossessed from the tea stall without following due process of law. Parties to the suit are close relatives. Considering the nature of the suit ,  I am of the opinion that parties may be benefited if the matter is referred to ADR mode. Both the learned advocates have consented for referring the matter to Lok- Adalat.
Issue notices to both the parties for attending National Lok-Adalat scheduled to be held on 25-09-2021 at 10.00am.
Matter adjd to 25.09.2021 for lok adalat.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: None for plaintiff.
Adv. For Defendant present
Matter is not settled before Lokadalat.
Adjd to. 26.11.2021 for parties to present before regular court.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv Sadika Naik for def is present.
Def no. 1 Yogesh Prahlad Halwai is present.
Matter is adjourned for draft issues.
Matter is adjd to 28/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv. Sadhika Naik for defendant no. 1 to 4 tender draft issues. t.o.r.
Matter is adjd to 12/08/2022 for draft issues of plaintiff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Mukesh Dubey for plaintiff is present.
None present for defendant.
Matter adjd to 21.10.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: P.O. is on leave. Matter adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: None present for plaintiff and defendant.
Matter adjd to 10.03.2023 for draft issues.
LO at 1.50 p.m.
Adv. Sadika Naik for plaintiff is present and filed settlement pursis t.o.r marked as Exh.8. Considering the submissions, matter is referred to Lok Adalat.
Issue notices to both the parties for attending National Lok Adalat scheduled to be held on 11.02.2023 at 10.30 a.m.
Matter adjd to 11.02.2023 for lok adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: National Lok Adalat Dated 11.02.2023 Panel No.1
Panel Head - HHJ Shri. D.D.Almale
Panel Members - Prof. Ms. Falkanaz Shaikh
None present.
Adjd to 17/03/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: None present for plaintiff and defendant.
Issues framed. Exh-09.
Matter adjd to 25.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: None present for plaintiff and defendant.
Matter adjd to 02.11.2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: None present for plaintiff and defendant.
Issue notices to both parties for attending National Lok-Adalat.
Matter adjd to 09-12-2023 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023

Date: 09-12-2023
Business: NATIONAL LOK-ADALAT HELD ON 09/12/2023 (Panel-12)Matter pertains to C.R.No.1.
None present from both the parties.
Hence, matter is adjd. to 10/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: P. O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: None present for plaintiff and defendant.
Sufficient time granted to plaintiff to lead evidence hence, matter is adjourned for recording of evidence and dismissal order.
Matter djd to 15.06.2024 for  recording evidence and dismissal.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Adv. Luman Sawant h/f Pratap Singh for plaintiff is present and seek time to lead oral evidence. O- Time granted subject to undertaking to work out matter on next date, on failure order regarding dismissal of suit will be passed.
None present for defendant.
Matter adjd to 13.08.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: Adv. S. S. Luman h/f Adv. Pratap Singh for plaintiff is present and seek time. O- Time granted with consent.
Defendant no.1 present.
Matter adjd to 08.10.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: Not on board taken on board.
None for plaintiff is present.
None for defendant is present.
Matter referred to Lok-adalat on 28.09.2024. Keep the parties present on that day. Issue notice.
Matter already adjourned on 08.10.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertains to C.R. No. 01
None present for Plaintiff.
None present for Defendant.
Matter adjd to 08.10.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Adv. Pranali Gavandi for defendant is present.
None for plaintiff.
Matter adjd to 10/12/2024 for R/E of plaintiff .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: None present for plaintiff.
Adv. Pranali Gavandi for defendant is present.
By order dated 15.06.2024 time was granted to plaintiff to lead oral evidence subject to undertaking with direction to dismiss the suit on failure to lead oral evidence. Sufficient time is granted to plaintiff to lead oral evidence. Today also plaintiff did not take steps. Last chance granted to plaintiff to lead oral evidence, on failure order regarding dismissal of suit is passed on next date.
Matter adjd to 04.01.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: Adv. Ravindra Singh for plaintiff is present and made statement that evidence affidavit is ready, however witness could not attend the court and requested time. O- Time granted as last chance subject to cost of Rs.500/- to be paid to the defendant within 14 days from today, on failure suit will be dismissed on next date.
Adv. Pranali Gavandi for defendant is present.
Matter adjd to 18.01.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: None present for plaintiff.
Adv. Pranali Gavandi for defendant is present.
KB
L. O at 3.20 p.m.
None present for plaintiff.
Adv. Pranali Gavandi for defendant is present.
Vide order dated 04.01.2025 matter was adjourned for filing evidence affidavit as last chance subject to cost of Rs.500/-. From the roznama it is seen that plaintiff did not comply the directions regarding payment of cost amount nor filed evidence affidavit today. It is seen that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default with no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-01-2025

NOTICE OF MOTION/103791/2018

Filing Number: 102996/2018
Filing Date: 21-02-2018
First Hearing Date: 19th September 2018
Decision Date: 18th January 2025
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE