Date: 13-06-2019
Business: Advocate Mr. Chandrakant Chavan for Plaintiff present filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted.
Plaintiff is directed to serve copy of draft NM upon Defendants and to file affidavit of service, thereafter only arguments for ad-interim relief can be considered.
Case is adjourned to 15/06/2019 for reply/service/NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Advocate Mr. Chandrakant Chavan for Plaintiff present
Advocate Mr. Giriraj for Defendants present and submitted that copy of NM is served upon Defendants yesterday only and Defendants will file their Written Statement on Wednesday i.e. on 19/06/2019. Defendants advocate fairly submitted that service of NM is waived. Advocate for Defendants submitted that on next date he will file vakalatnama and NM reply.
Case is adjourned to 19/06/2019 for NM reply and NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Court is busy in dictating order and hearing in old matters hence Board is discharged and adjd.to 24.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: dvocate Mr. Shirke for Plaintiff present
Advocate Mr. Desai for Defendant no.1 present
Court is busy in hearing and dictating order on NM in suit nos.4619/07 and 7170/06 as well as court has to hearing NM in suit no.9777/87, hence case is adjourned to 03/07/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Advocate for Plaintiff present
Advocate for Defendant present
Court is busy in hearing and dictating orders on Notice of Motion in suit no.6072/06 and 4596/07, hence case is adjourned to 22/07/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Court is busy in hearing Notice of Motion in suit no.2489/12, hence case is adjourned to 26/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Advocate Chandrakant Chavan for Plaintiff present
Advocate M/s. Preet Chavle h/f adv. P. D. Gandhi for Defendant present and submitted that Defendant has filed Written Statement and it can be treated as reply to the NM, hence Defendants advocate is directed to file pursis to that effect.
L.O.
Advocate for Defendant present filed pursis conteding that Written Statement filed by Defendant may be considered as reply to NM.
Case is adjourned to 27/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Advocate Chandrakant Chavan for Plaintiff present
Advocate M/s. Preet Chavle h/f adv. P. D. Gandhi for Defendant present
K.B.
L.O.
Advocate Arvind Giriraj for Defendant present
Plaintiff\''s advocate Mr. Chandrakant Chavan referred page no.27 of the plaint, para no.20 of the Written Statement filed by Defendant and argued that in the notice sent to Plaintiff, Defendants have admitted Plaintiff\''s possession and therefore only Defendants have asked Plaintiff to vacate suit premises on the ground that it is in dilapidated condition. It is further argued that in para no.20 of Written Statement Defendants have submitted that Plaintiff apprehension is misplaced and Defendant shall not dispossess Plaintiff without following due process of law. Plaintiffs advocate submitted that Notice of Motion is necessary to be made absolute. Plffs advocate submitted that documents at page no.43,44,45,46,51,52,53,56, 58,59 are the document showing Plaintiff\''s possession over suit premises, hence according to Plaintiff\''s advocate Defendants can not dispossess Plaintiffs without following due process of law.
Advocate Mr. Arvind Giriraj argued that Plaintiff is licensee and he has not filed lease in question because said lease period is over. According to Defendants advocate such a lessee can not filed suit against licensor in this court because only Small Causes Court has jurisdiction to that effect. It is further argued that Defendant has stepped into the shews of licensor of Plaintiff ans Defendant as purchased suit property in the year 2007. The lease in question has come to an end in the year 1973 and now Plaintiff can not claim any king of protection from the Court. Para no.5,12 of Written Statement and argued that admission given in last sentence of para no.20 of Written Statement is not unequivocal admission therefore according to Defendant advocate Plaintiff is not entitled to reliefs claimed in Notice of Motion.
Case is adjourned to 05/10/2019 for Order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Advocate Chavan for Plaintiff present
Advocate Preet Chavla for Defendant present
Today the court is busy in dictating judgments of suit nos.3856/99 and 3857/99, hence case is adjourned to 02/11/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Chandrakant Chauhan for Plaintiff present
Advocate Preet Chavla for Defendant present
Heard.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.2186 of 2019 is made absolute in terms of prayer clause (a).
Suit to proceed for filing draft issues by parties. Parties are directed to file draft issues on next date. Advocate for Defendant no.1 is directed to inform the Court on next date that whether service of writ of summons is waived in respect of Defendant no.1.
Case is adjourned to 08/01/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Advocate Mr. Ashutosh Shukla for Plaintiff present
None present for Defendant.
Court is busy in recording evidence in suit no.4995/07 and court has to dictate Judgment in suit no.7988/98, hence case is adjourned to 20/03/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Advocate Mr. Kaustubh Patil for Plaintiff present
None present for Defendants.
It seems that due to fear of Corona Virus, Defendants may not have appeared today in the matter hence case is adjourned to 03/07/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Business: Matter is adjd. to 04.09.2020 due to Covid -19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: Due to covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 11/02/2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv Mr. Pradip Khittani for plff present and seeks time to file draft issues.
None present for deft.
Matter is adjd. for draft issues to 29.04.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Adv Mr. Ashutosh Shukla for plff present.
None present for deft.
As nobody is present for the deft, considering present pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till next date.
Adjd. for draft issues to 31.08.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv Mr.Ashutosh Shukla for plff present
Adv Ms. Panchal for deft No.1 present.
Court is busy in other matters hence, matter is adjd. for framing issues to 16.11.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv Mr. Shaikh present for plff. and seeks time to file draft issues.
None present for deft.
On request of adv. for plff, matter is adjd. for draft issues to 20.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Mr. Inayat Shaikh present for plff.
Adv Ms. Labde present for deft.
Both ld. Advocates seek adjournment for filing draft issues.
By consent, matter is adjd. for draft issues to 12.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv.Pradeep Khittani for plaintiff present. He requested time to file draft issues. Time granted.
Matter adjd to 07.09.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv.Inayat Shaikh for plaintiff present. He filed draft issues t.o.r. and marked as Exh.5.
Defendant absent. No draft issues are filed by the defendants.
Matter adjd to 19.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: None present for both sides.
KB
LO at 01.45 pm
Adv.Inayat Shaikh for plaintiff present.
KB
LO 05.45
(As Court is busy in dictating order in SU 1591/17 and in SU 493/17, hence, matter adjourned).
Matter adj. to 02.01.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: PO is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv.Pradip Khittani for plaintiff present.
None present for defendant.
Heard Adv.for plaintiff on framing of issues. No submission of defendants.
Issues are framed at Exh.6.
Matter adjd to 20.06.2023 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Adv. Amit Tiwari h/f Adv. for plaintiff present and prayed for adjournment.
Adv. Indira Labdhe for all defendants present.
Matter is adjd.to 07-08-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv. Pradeep Khittani for plaintiffs a/w plaintiffs no. 2 and 3 present.
Adv. Dimple Jain a/w Adv. Pathak h/f Adv. Indira Labde for defendant present.
With consent of both sides matter is adjourned to 27-09-2023.
Matter is adjd.to 27-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Adv. Tiwari h/f Adv. Ashutosh Shukla for plaintiff present.
Adv. Dimpale Jain h/f Adv. Indira Labdhe for defendant present.
On the request of plaintiff counsel the matter is adjourned as a last chance for adducing evidence to the plaintiff.
Matter is adjd.to 20-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: Adv. Pradeep Khetani for plaintiff present.
Adv. Dimpal Jain for defendant no. 1 present.
Adv. Pradeep Khetani for plaintiff and filed adjournment application t.o.r. marked as Exh.7
The Ld. Counsel for defendant no. 1 would oppose the application. Considering the matter the application is allowed subject to cost of Rs. 300/- on or before next date.
Matter is adjourned to 15-12-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Matter pertain to C. R. 62.
Adv. Pradip Khittani for plaintiff present and deposited in the court cost of Rs. 300/- as a compliance of order
dtd. 20-11-2023.
None for defendant
Matter is adjourned to 19-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Adv. Enait Shaikh h/f Adv. Pradeep Khithani for plaintiff present and filed his affidavit of examination in chief it is taken on record marked as Exh. 08. The copy of the same furnished to the opposite party. Verification of the P.W.-1 is recorded.
Adv. B. T. Taware for defendant no. 1 present.
The defendant no. 1 filed vakalatnama alongwith no objection given by the previous counsel there is Adv. Indira R. Labdd. The vakalatnama is taken on record marked as Exh. 09. on the request of the counsel matter stand adjourn.
Matter is adjourned to 05-03-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Adv. Pradeep Khaittani for plaintiff present.
Adv. Nassikar for defendant present.
Matter is adjourned to 20-04-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Plaintiffs in person present.
Adv. V. T. Tawade for defendant present.
LO 12.11PM
Adv. Pradeep Khittani for plaintiff present and submitted that settlement talks are going on between the parties. However, on behalf of defendant Adv. M. Ali Nasikkar has submitted that he is not aware about the compromise talks between the parties.
Matter is adjourned to 09-08-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Adv.Pradip Khittani for plaintiff present.
None for defendant.
L.O. at 1.50 pm
Adv.M.Ali for defendants present. Both the counsel with consent asking for short adjournment to file the Consent Terms, it is granted
Matter is adjourned to 14-08-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Plaintiff No.1 to 3 a/w their Adv.Ashutosh Shukla are present.
On behalf of defendant No.1 company, authorized person Murji Damji Minat a/w Adv.M.Ali Nasikar is present.
Both the parties have filed the Consent Terms and agreed to resolve the dispute between them. It is taken on record and marked as Exh.10. The defendant no.1 in view of settlement is ready to give 600 sq.ft. carpet area to each plaintiff as a permanent alternate accommodation and mean while will pay rent of Rs.30,000/- per month with increase of 5% in the agreed rent amount per annum. The plaintiffs are also agreed to pay the additional amount to the defendant no.1 at the rate of Rs.21,500/- per sq.ft for excess carpet area of 30 sq.ft.
I have gone through the suit wherein plaintiffs have asked the relief of simpliciter injunction and nothing else. Taking into consideration the terms of settlement agreement and relief claimed in the suit, it is required to re-value and plaintiffs to pay the deficit court fees amount. Therefore, plaintiffs are directed to do the compliance as per direction and accordingly the Consent Terms are taken on record. After compliance of direction it will be verified.
Matter is adjourned to 22-08-2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: None present.
Later on
Adv.Pradeep Khitani along with Adv.Ashutosh Shukla along with plaintiff Nos.1 to 3 are present.
On behalf of complany, authorised person Murji Damji Minat a/w Adv. Ali Nasikar is present.
Compliance of direction of order dated 14.08.2024 is not done by the parties.
Matter is adjourned to 28-8-2024 for compliance at 12.00 noon.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: Plaintiff No. 1 to 3 alongwith their Adv. Ashutosh Shukla are present.
On behalf of defendant No. 1 company, authorized person Murji Damji Minat alongwith Adv. M. Ali Nasikkar is present.
Order Below Consent Terms Exh. 10.
Both the parties have filed the consent terms and agreed to resolve the dispute between them.
Today plaintiffs have filed the pursis Exh. 11 and stated that they do not want to proceed against defendant No. 2. the defendant No. 1 in view of settlement is ready to give 600 sq. ft. carpet area to each plaintiff as a permanent alternate accommodation and mean while will pay rent of Rs. 30,000/- per month with increase of 5% in the agreed rent amount per annum. The plaintiffs are also agreed to pay the additional amount to the defendant No. 1 at the rate of Rs. 21,500/- per sq.ft. for excess carpet area of 30 sq. ft. The court has raised the objection about the relief claimed by plaintiffs in the present suit and nature of their settlement agreement, directed to revalue the suit and to pay the deficit court fees amount.
In view of the directions plaintiffs have paid the maximum court fees of Rs. 3,00,000/- and complied the order of court.
I have verified the signature of plaintiff and authorized person of defendant No. 1 company alongwith the plaint and authority letter of defendant No. 1 company annexed with the consent terms. It is found correct.
The contents of consent terms are read over and explained to the parties. They have voluntarily admitted the contents and correctness of the consent terms Exh. 10. It has further submitted by the parties that at present they have no dispute remained against each other. However the terms on which both the parties arrived at compromise are lawful and not void or voidable. Thus the consent terms are read and recorded.
ORDER BELOW EXHBIT- 01.
In view of consent terms Exh. 10 parties are arrived at compromise and no dispute is remained between them. Therefore when the matter is amicably settled I have no reason to hold anything contrary so in the result passed the following order :
Order
1. Suit No.1137 of 2019 is decreed in view of consent terms Exh-10 and it is dismissed cum withdrawn against defendant No. 2 vide pursis Exh. 11.
2. Draw compromise decree accordingly in view of consent terms Exh-10 and it shall be the part and parcel of compromise decree.
3. No order as to costs.
4. Court fees be refunded to the plaintiffs if they found entitled as per the rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 28-08-2024