Bhagwan Hari PosnakVsMrs. Kalyani Balkrishna Kalmundkar

Date: 03-09-2018
Business: Plaintiff in person present. His advocate absent.
None for defendant.
Matter adj. for Affidavit of Service to 16.10.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: Adv. Naik for plaintiff present and seeks further time for compliance.  Time granted.
None for defendant.
If the affidavit of service is not filed by next date the ad-interim relief granted by this Court shall stand vacated.
Matter adj. for Compliance to 21.01.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2019

Date: 21-01-2019
Business: dv. Gupta for plaintiff present and filed affidavit of service.
None for defendant.
Kept back in second session for NM. Later on in second session. Adv. Gupta for plaintiff present. None for defendant. Time extended for writ of summons.
Matter adj. for Writ of Summons to 12.04.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-04-2019

Date: 21-01-2019
Business: dv. Gupta for plaintiff present and filed affidavit of service.
None for defendant.
Kept back in second session for NM. Later on in second session. Adv. Gupta for plaintiff present. None for defendant. Time extended for writ of summons.
Matter adj. for Writ of Summons to 12.04.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. Raj Gupta for plaintiff present and filed original writ of summons.
None for defendant.
Till today defendant has not filed written statement. Hence suit to proceed without written statement.
Matter adj. for NM Hearing to 17.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Plaintiff and defendant present.
Adv. Abhijit Naik for plaintiff present and tendered reply to NM no. 2681/19. Copy served to other side.
Adv. Ravikumar Mishra for defendant present and filed VP along with Original NM no. 2681/19. He also filed reply to NM 1087/18. Copy of reply to NM 1087/18 served to plaintiff.
Vakalatnama on behalf of defendant.
Matter stands Adj for hearing on NM 2681/19 and 1087/18 to 07.08.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. Khobaragade for plaintiff present.
None present for defendant present.
Matter stands Adj for NM hearing to 26.09.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Khobragade for plaintiff present.
defendant present.
Adv. Dhopade for defendant present.
Matter stands Adj for NM hearing to 26.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Khobragade for plaintiff present.
Adv. R. K. Mishra for defendant present.
Heard both sides on NM no. 2681/19.
Matter stands Adj for order on 2681/19 to 03.12.19.
Next Purpose: ORDER
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. Gayatri for plaintiff present.
Adv. Dhopat for defendant present.
  FRSR following order is passed below
                                  ORDER
      Notice of Motion no. 2681/19 is hereby allowed and made absolute in following terms-
1.     The dealy of 85 days in filing WS is hereby condoned subject to defendant paying costs of Rs. 2000/- to the plaintiff/depositing the same in the court within the period of three weeks from today.
2.    If the above order and directions are complied by defendant within time then the order passed by this court dated 12.04.2019 to proceed with the suit without WS on record shall stands set aside and WS of the defendant can be taken on record.
3.     Matter may be kept for compliance on next date.
NM stands disposed of accordingly.
Matter stands Adj for compliance to 20.12.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Raj Gupta for plaintiff present.
Adv. R. K. Mishra for defendant present and filed WS.
Written statement filed on behalf of defendant.
Matter stands Adj for framing issues to 11.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: The court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2020

Date: 20-04-2020
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: FRAMING ISSUES
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None for Plaintiff.
Advocate Ansari Aiyaz for defendant present.
KB
LO at 12.15pm,
Same appearance.
KB at 2.00 pm
LO at 3.45 pm,
None present.
Plaintiff to appear before Court on next date for NM hearing.
The case is adjourned to 11.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Advocate Ms. Manisha Munde h/f adv.Khobragade for plaintiff present.
KB
LO at 4.27pm,
Advocate Ms. Khobragade for plaintiff present and sought time.
Advocate R.K. Mishra for defendant present.
The case is adjourned to 22.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Advocate Ms. Khobragade for plaintiff present.
Advocate Ravikumar Mishra defendant present.
Partly heard advocate for Plaintiff and defendant.
The case is adjourned to 23.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Advocate Ms. Khobragade for plaintiff present.
Advocate Ravikumar Mishra defendant present.
Heard advocate for defendant and advocate for Plaintiff.
The case is adjourned to 26.02.2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Advocate Ms. Khobragade for Plaintiff present.
Advocate Dipak  Dhopad h/f  adv. R.K.Mishra for defendant present.
F.R.S.R.following order is passed
ORDER
1. Notice of Motion No.1087/18 is made absolute in terms of prayer clause (a) and (b).
2. The defendant or anybody through her is restrained temporarily till disposal of suit from alienating or disposing of the suit premises in any manner.
3. The defendant or anybody through her is temporarily restrained till disposal of the suit from interfering  into Plaintiff\''s possession on the suit premises, from dispossessing the plaintiff from the suit premises and from encroaching thereupon.
4. Notice of Motion No.1087/2018 is disposed of in above terms.
5. Costs in cause.
The case is adjourned to 08.04.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Matter called out at 12.34 p.m.
Adv. Sapna Khobragade h/f Mr. Rajesh Khobragade for plaintiff present.
None present for defendant.
Matter stands adjourned to 20.12.2021 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Matter called out at 01.30 pm.
Adv.  Sapana Khobragade for plaintiff present.
Adv. for Defendant absent.
Matter stands adjourned to 14/03/2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Matter called out at 12.19 p.m.
Adv. Raj Gupte for plaintiff present.
Adv. Ansari Ayaz Ahmed for defendant present.
Earlier order if any, to continue.
Matter stands adjourned to 11.07.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Raj Gupta for plaintiff present.
None present for defendant.
Matter stands adjourned to 14.09.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: None present.
Issues framed below Exh.05.
ISSUES
1.	Does the plaintiff prove his legal possession over the suit premises ?
2.	Does the plaintiff prove obstruction at the hands of defendant ?
3.	Is the plaintiff entitled for the reliefs as sought ?
4.	What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Matter stands adjourned to 14.11.2022 for evidence.
Later on at 11.38 a.m.
Plaintiff in person present.
Already adjourned to 14.11.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Ansari Ayaz for defendant present.
None present for plaintiff.
Matter stands adjourned to 02.02.2023 for evidence.
Later on at 11.28 a.m.
Adv. Rahul Yadav h/f Adv. Khobragade for plaintiff present.
Already adjourned to 02.02.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: None present.
Matter stands adjourned on 17.04.2023 evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None present for plaintiff.
Adv. Maneesh Mishra h/f Adv. Ravi Kumar Mishra for defendant present.
Matter stands adjourned on 10.07.2023 for recording evidence.
Later on at 11.10 a.m.
Plaintiff in person present.
Matter already adjourned on 10.07.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv Rajesh Khobragade a/w Plaintiff present and seeks time for filing evidence. Time granted as last chance.
None for defendant present.
Matter stands adjourned on 14-09-2023 for RE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Adv Gayatri Nayak a/w Plaintiff present.
Adv Ansari  for defendant present.
Matter stands adjourned on 23-11-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Advocate Vinay h/f Advocate Khobragade present for Plaintiff and seeks time for adducing evidence. Order- granted as last chance on failure of plaintiff, evidence will be closed.
Advocate Ayaz Ansari present for Defendant.
Matter stands adjourned on 03-02-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Adv. Pushpak Varma for  plaintiff and filed list of documents. Tor. and marked as Exh.06 O- other side to say.
He also filed affidavit of examination in chief. t.o.r. and marked as Exh.07.
None for defendant.
PW-1 present.
He stated on oath about filing of the affidavit in the court and also stated that the contents their in are true and correct as per information given by to his counsel. Hence the affidavit is read and recorded and it will form part and parcel of this proceeding.
Copy of Exh.06 and Exh.07 served to other side
Matter adjourned for evidence p.h./ say on Exh.06 to 13-03-2024
LO at 11.45 am..
Adv. Deepak Dhupat for defendant present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Akash Tayade h/f  Sapna Khobragade alongwith  plaintiff present.
None for defendant.  Last chance given to filing say on Exh.06.
Matter adjourned for say at Exh.06  to 13-06-2024.
LO at 12.00 noon
Adv. Deepak Dhopat for defendant present and filed say overleaf on Exh.06.
Matter adjourned for argument on documents at Exh.06  to 13-06-2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Raj Gupta alongwith plaintiff in person present.
Adv. Deepak Bhopat h/f R. K. Mishra for defendant present and orally seeks time to argue on the documents at Exh.06. O- last chance granted.
Matter adjourned for argument on documents at Exh.06 to 08-08-2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present.
Defendant alongwith her Adv. Ansari Ayyaz is present.
KB. LO at. 1143. am.
Plaintiff alongwith his Adv. Akash Tayde h/f Adv. Sapana Khobragade is present.
Advocate Tayde seeks time as his senior is having some medical exigency.
Defendant alongwith her Adv. Ansari Ayyaz is present.
Matter adjourned for hearing on documents at Exh.06 to 26-09-2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: The Court is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Ayesha Qureshi h/f Adv. Sapna Khobragade for  plaintiff is present and seeks time.
Adv. Ansari Ayaz Ahmed for defendant is present.
Matter adjourned for hearing on documents Exh.6 as a last chance to 07.01.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff along with his adv. Vinay Khobragade i/b Adv. Rajesh Khobragade is present. He seeks time.
Adv. Ansari Ayaz Ahemed for defendant is present.
Matter adjourned for hearing on documents at Exh.6 to 25.03.2025.
Next Purpose: HEARING
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: The Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: Adv. Rahul Yadav h/f Adv. Rajesh Khobragade for plaintiff is present.
None for defendant.
K.B.
Later on at 12.21 p.m.
Defendant advocate is present.
K.B.
Later on at 12.38 p.m.
ORDER on Exh-06.
Perused the list, say, heard.
So far as the documents at serial Nos.2, 6, 17 are concerned, same are copies, no foundation are made out for leading secondary evidence, hence cannot be marked as Exhibits.
Document at serial Nos.1, 3 to 5, 7 to 16, 18 to 25 are the original documents coming out from the proper custody of plaintiff. The letters has been addressed to plaintiff as such all the documents are marked as  exhibits.
The document at serial No.1 - Exh-8,
The document at serial No.3 to 5 - Exh-09 to 11,
The document at serial No.7 to 16 - Exh-12 to 21,
The document at serial No.18 to 25 - Exh-22 to 29.
Matter adjourned for cross-examination of Plaintiff witness to 19.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Mannesh Mishra i/b Adv. Ravi Kumar Mishra for defendant is present.
Matter adjourned for R/E to 18.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Ravikumar Mishra for defendant is present.
K.B.
Later on at 1.00 p.m.
Ravikumar Mishra for defendant is present.
Plaintiff is absent has not provided opportunity to cross. Hence matter is kept for dismissal orders.
Matter adjourned for dismissal order to 29.11.2025.
                                                                                 Judge
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present. His Adv. is absent.
Defendant a/w Adv. Deepak Dhopat a/w Adv. Maneesh Mishra i/b Ravi Kumar Mishra for defendants is present.
K.B.
Later on at 12.20 p.m.
Plaintiff is present a/w Adv. Raj Gupta h/f Khobragade for plaintiff present and submitted that the advocate of record to unable to attend therefore he requested for adjournment order in this matter. The plaintiff is not appearing therefore has been kept for dismissal order. Now today the adv. of plaintiff is not present this shows the intention of plaintiff as he is not interested in proceeding further. Still plaintiff should not souffle there role negligence of his advocate therefore adjourned at same stage till next date.
Matter adjourned for Dismissal to 03-01-2026.                                                                       Judge
Next Purpose: DISMISSAL
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: IN THE COURT OF H.H.J. H. M. BHOSALE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present.
Adv. Deepak Dhopat for defendant is present.
Kept Back.
Later on, at 12.08 p.m.
Adv. Gayatri Nayak for plaintiff is present. She submitted that the plaintiff is present. The plaintiff is present before the Court. The suit is fixed for dismissal due to absence of the plaintiff. However, the Ld. Advocate submitted that the plaintiff is present and he may be cross-examined.
The Ld. Advocate Mr. Deepak Dhupat h/f. Adv. R. K. Mishra is present. He sought accommodation as Advocate Mishra is not available today.
Having considered the difficulty expressed by Adv. Mr. Dhopat, time is granted with specific direction to proceed with the cross-examination of the plaintiff on next date without fail. The Plaintiff shall remain present henceforth on all dates, otherwise adverse Orders will be passed.
The plaintiff vide application (Exh-30) prayed for removal of the matter from dismissal caption. The prayer is allowed.
The suit shall be listed on next date under caption part heard.
Matter is adjourned for cross-examination to 06.02.2025.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. Vinay Khobragade is present.
Defendant a/w Adv. Deepak Dhopat a/w Adv. Maneesh Mishra is present and sought time as his senior is not present today.
Matter adjourned for cross of PW-01 to 09.06.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. R. K. Mishra a/w Adv. Deepak Dhopat for defendant is present.
K.B.
Later on at 11.58 a.m.
Plaintiff a/w Akash Tyade h/f Adv. Kobragade is present.
Adv. R. K. Mishra a/w Adv. Deepak Dhopat for defendant is present.
PW-01 Bhagwan Hari Posnak is on S. A.
Cross examination by Adv. Ravi Kumar Mishra for defendant.
Election Card is marked as Exh-31.
On the request of Adv. for defendant cross is deferred till the next date.
Matter adjourned for further recording evidence  P.H to 22.07.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present and his Advocate absent.
Adv. Deepak Dhopat for the defendant is present.
K.B.
Later on , at 12.25 p.m.
Adv. Gayatri Nayak i/b Adv. Sapna Khobragade for the plaintiff is present.
Adv. Deepak Dhopat for the defendant is present.
P. W. - 1 is again resumed on SA.
Further cross-examination of P.W.-1 is commenced and completed.
Plaintiff has filed evidence closing pursis. Marked as Exh 32. O - Filed.
Matter adjourned for filing affidavit of Evidence by defendant/ (RE. P.H.) to 31.08.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. Vinit Dhotre i/b Adv. S. Khobragade is present.
None for defendant.
K.B.
Later on at 11.24 a.m.
Adv. Ansari Ayaz for defendant is present and seeks time to file affidavit of evidence.
Matter adjourned for filing affidavit of evidence to 15.10.2026.
                                                                                  Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-10-2026

NOTICE OF MOTION/102681/2019

Registration Number: 102077/2018
Transfer Date: 29-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 103383/2018
Filing Date: 28-02-2018
First Hearing Date: 03rd September 2018
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE