Date: 26-03-2019
Business: Adv. R.N. Kachare for appellant present and has filed stay application marked as Exh.2
Issue notice to the respondents.
Matter is adjd. to.01.04.2019 for report of service and hearing on ad-interim relief.
Next Purpose: SERVICE
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. for appellant present and has filed report of service marked as Exh.2.
respondent and his adv. absent.
kb at 2.45 p.m
L.O. at 3.20 p.m
Adv. for appellant present.
respondent and his adv. absent.
ORDER ON STAY APPLICATION EXH.2
The Ld. adv for appellant submits that the notice has been served on the respondents but they are absent. It is submitted that ad-interim stay may be granted pending the hearing and final disposal of this application. I have examine the submissions. Appellant has filed affd. of service it shows that the respondent has only put impression of their office stamp. From this appears that the respondents have been served. Considering that the appellants claim is that his father was tenant of the this premises since prior to purchase of the premises by the respondent No.2 i.e. Postal Department, I think the impugned order may stayed till next date and in the meanwhile notice may be directed to served to the respondents through court bailiff. Hence, issued notice to respondents to be be served through court bailiff in respect of the appeal as well as the stay application. There shall be ad-interim stay to the impugned order till next date.
Matter is adjd. to. 25.04.2019 for report of service
L.O. at 4.20 p.m
Pranit Dhuri representative of Inspector of Post is present.
appellant and his adv. absent.
Matter is already adjd. to. 25.04.2019 for report of service
Next Purpose: SERVICE
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv for appellant present.
Adv for respondent present.
Matter is adjd. to. 05/07/2019 for reply of respondent to stay application Exh. 2.
E.O. to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Parab for Appellant present.
Adv. Mr. R. K. Dubey for Respondent present.
Earlier order to continue till the next date.
Matter adj. to 19/08/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: COURT IS ON LEAVE
Next Purpose: HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Appellant present.
Adv. Mr. Gourav Patankar for Appellant present.
Adv. Mr. R. K. Dubey h/f Mr. Oza for Respondent present.
Paper book filed by advocate for the Respondent. O Filed.
Earlier order, if any, to continue till the next date.
Matter adj. to 25/11/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Appellant present.
Adv. Oza for respondent present.
On oral request of appellant, adjd for hearing to 28.01.2020.
Earlier Order, if any, to continue till the next date.
Next Purpose: HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Appellant is present.
Advocate for appellant is absent.
Adv. R. K. Dubey h/f Adv. R. P. Ojha for respondent is present
Adjourned to 07.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Later on
Adv. Sagar Parab i/b Adv. Ravindra Kachare for appellant is present.
Next Purpose: HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Appellant is present.
Advocate for appellant is absent.
Adv. R. P. Ojha for respondent is present.
Appellant submits that his advocate can\\\''t attend the court today as he is not feeling well and seeks adjournment.
Adjourned to 11.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Appellant is present.
Adv. R. N. Kachare for appellant is present.
Adv. R. K. Dubey h/f Adv. R. P. Ojha for respondent is present.
At the request of advocate for respondent, adjourned to 24.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lock Down
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Both sides absent. Due to COVID-19 adjourned to 21.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 23.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: None present for appellant.
Mr. B. G. Kurtadkar, SPM for respondent No.2 is present.
Adjourned to 15.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None present for appellant.
Adv. R. P. Ojha for respondent is present.
Appellant to ensure that the matter would argue on next date positively. Adjourned to 11.01.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None present for appellant.
Adv. R. P. Ojha for respondent no.1 and 2 is present.
Since nobody appear for appellant, by way of last opportunity, matter adjourned to 08.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Ravindra N. Kachare for appellant is present.
Adv. R. P. Ojha for respondent is present.
Advocate for appellant files vakalatnama on behalf of proposed appellant/legal heir. TOR and marked as Exh.3.
Advocate for appellant also files application for bringing the heir and legal representative of appellant on record. TOR and marked as Exh.4.
Adjourned to 02.03.2021 for Reply to Exh.4.
Next Purpose: REPLY
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Gaurav Patankar h/f Adv. R. N. Kachare for appellant present.
Adv. Ankit Ojha h/f Adv. R. P. Ojha for R/1 and 2 is present.
Heard both the sides on application (Exh.4).
Ld. counsel for respondent submits that he would not file reply to Exh.4. For the reason stated in the application and considering the pandemic, application is made absolute in terms of prayer clause (a) to (c). Amendment be carried out forthwith. Re-verification is dispensed with.
Parties to argue the appeal positively on next date.
Adjourned to 26.03.2021 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Gaurav Patankar i/b Adv. R. N. Kachare for appellant present.
Adv. R. P. Ojha for respondent is present.
It is submitted that the advocate for the appellant is quarantined.
Adjourned to 06.04.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv. Ravindra Kachare for appellant is present.
Adv. R. P. Ojha for respondent is present.
By consent, matter adjourned to 16.06.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for appellant.
None present for respondent.
Due to COVID-19, matter adjourned to 07.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for appellant.
Mr. Sandesh Mane, SDI, Mumbai South Division, Dept. of Post/respondent is present.
Due to COVID-19, adjourned to 30.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: None present for the parties.
Due to Covid-19, adjourned to 18.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. Ravindra Kachare for appellant is present.
Adv. R. P. Ojha for respondent is present.
Adjourned to 26.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Ravindra Kachare for appellant is present.
Adv. R. P. Ojha for appellant is present.
Heard final arguments of Ld. counsel for appellant.
Ld. counsel for respondent seeks time to go through the judgment cited by the Ld. counsel for appellant.
Adjourned to 07.09.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Ravindra Kachare for appellant is present.
Adv. R. P. Ojha for respondent is present.
Heard further final arguments of both sides.
Adjourned to 27.09.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Ravindra Kachare for appellant is present.
Adv. R. P. Ojha for respondent is present.
Judgment is pronounced in open court.
Exh.5 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.109 of 2021 is partly allowed.
2. Order passed by the Estate Officer on 6.2.2019 for eviction is confirmed, however, as regards the damages, it is set aside and matter is remanded back to the Estate Officer for quantification of damages in the light of the aforesaid directions.
R and P be returned back to respondent.
Ld. advocate for appellant seeks continuation of stay on the ground that appellant is an aged widow having no alternate accommodation. Infact the subject property is a commercial property and in view of the reason assigned I do not find it a fit case wherein stay ought to be continued, as such the request is rejected.
Nature Of Disposal: ALLOWED
Disposal Date: 27-09-2021