Dr. Sir George P. JosephVsBaburao Gangaram Naikwadi alias Balasaheb Gangaram Naykodi

Date: 13-06-2019
Business: Plaintiff present.  Advocate Mr. Singh for Plaintiff present
Advocate Mr. Shah with Defendant present and filed vakalatnama, t.o.r.
Court is busy in R/E in suit no.9156/1994 and court has to hear final arguments in suit no.6986/2006, hence case is adjourned to 25/07/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Adv. Asit Singh present for Plaintiff and tendered original Writ of Summons.  It is t.o.r. and marked Exhibit  2.
Adv. Prashant Malik present for Defendant.
As court is busy in recording of evidence in Suit No. 7774/1997 and dictating order in Notice of Motion No. 2545/19.  Hence, board is discharged.
Case is adjourned to 14/11/2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: None present for Plaintiff.
Advocate Mr. Vibhav Shah for Defendant present and submitted that he will serve copy of Written Statement on Plaintiff.  Considering submissions adjourned.
Case is adjourned to 23/03/2020 for compliance i.e. service of copy of Written Statement upon Plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  18/02/2021 for service of copy of written statement upon plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None present for the plff.
Adv Mr. Prashant Mallik for deft present and seeks time to serve copy of WS on the plff.
As nobody is present for plff, matter is adjd. for service / draft issues to 21.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: None present for plff.
None present for deft.
As nobody is present for both parties matter is adjd. for service to  02.12.2021.
L.O.at 12.40 p.m.
Adv Mr. Prashant Mallik for deft present and submitted that copy of WS is already sent by post to the plaintiff.
As nobody is present for the plff, already adjd. for draft issues to 02.12.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv. Mr. Amin Patel h/f Adv Asit Singh present for plff. and seeks time for filing draft issues.
None present for deft.
Matter is adjd. for draft issues to 28.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None present for plff.
Adv for deft present and requested to keep back the matter.
K.B.
L.O.
Adv Mr. Prashant Malik for deft present and filed affidavit of service to show that copy of WS is served by RPAD on the plff. as per the direction given in roznama dt.19.08.2019.
Plff has not filed draft issues.
Considering the rival pleadings, issues are framed below Exh.5.
Matter is adjd. for list of witnesses to 29.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Amit Patel  for plaintiff present.
List of witness not filed.
Matter adjd to  10.08.2022 for evidence.
LO at 01.18 pm.
Deft present.
Adv Anita Deshmukh for deft present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv.Amin Patel h/f.Adv.Asit Singh for plaintiff present.
Defendant in person present.
Plaintiff requested for time to file evidence affidavit.
Matter adjd to 19.10.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv.Amin Patel h/f.Adv.Asit Singh for plaintiff present.
On oral request of the plaintiff adjd for recording evidence.
Matter adjd to 16.01.2023 for R/E.
Judge
LO at 12.25 pm
Adv.Geeta Anand for defendant present.
Matter adjd to 16.01.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv.Amin Patel for plaintiff present.
Adv.Kumar Gaurav h/f.Adv.Prashant Malik for defendant present.
Plaintiff requested for time to file evidence. Last chance granted.
Matter adjd to 07.03.2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2023

Date: 07-03-2023
Business: As holiday was declared on 07.03.2023 hence taken on 08.03.2023.
Adv.Amin Patel for plaintiff present.
Defendant present.
On oral request of the plaintiff matter adjd to 15.06.2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Adv. Amin Patel for plaintiff present and filed adjournment application t.o.r. marked as Exh.6 - Other side to say.
Adv. Kumar Gaurav a/w defendant present and given say on Exh. 6 itself.
Order below Exh. 6 -
By this application the plaintiff seeks time to adduce evidence since he is being admitted in the hospital at Kochi state of Kerala. The defendant would oppose application contending that the plaintiff has been granted as a last chance on 08-03-2023 and from the medical certificate it is apparent that the plaintiff is adviced not to travel long distance for next six months. Thus, according to defendant it is the malafide intention on the part of the plaintiff to seek adjournment in the matter.
From the perusal of the plaint, it reveals that it is a suit for declaration with respect to suit agreement and for recovery of possession of the suit flat. No interim relief is seen granted in the suit. The application  is supported with medical certificate dtd. 07-06-2023 issued by Lake Shore Hospital and Research Center Ltd., Kochi , state of Kerala, where it is stated that the plaintiff admitted with Hepatocellular Carcinoma and underwent Microwave Ablation. It reveals that he is adviced not to travel long distances for next six months. The plaintiff in the present scenario can make necessary arrangement to proceed with the trial of the suit. In this view of the matter I find that the application deserves to be allowed till next date, during which the plaintiff can make necessary arrangement so that the hearing of the suit should not hamper. The matter is adjourned to 18-08-2023
Matter is adjd.to 18-08-2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Adv. Asit Singh  for plaintiff present and filed affidavit of examination in chief of Mr. Sanjay Modak t.o.r. marked as Exh.7
Adv. Dhanashree Pawalkar a/w defendant h/f Adv. Prashant Malik present.
The said Mr. Sanjay Modak PW - 1 being not in attendance. Matter adjourned for verification of PW -1 and for filing the original documents if any on record.
Matter is adjd.to 05-10-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Adv. Asit Singh  for plaintiff present.
Adv. Prashant Malik for defendant present.
 With consent of both sides matter is adjourned to 29-11-2023
Matter is adjd.to 29-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Adv. Asit Singh for plaintiff present.
Adv. Dhanashree Pawaskar a/w  defendant present.
From the perusal of the document, it appears that  the pw - 1 Shri Sanjay Modak is filed on record on 18-09-2023 he is not attending the matter for recording his verification as regards to the contents of his affidavit of examination in chief since last three dates. The Ld. Counsel for  plaintiff would make submission that the PW- 1 would attend the Court on the next date. Considering the conduct of the plaintiff matter is adjourned as a last chance for the plaintiff to proceed with the matter subject to payment of cost of Rs. 500/- payable to the opposite party.
Matter is adjourned to  11-03-2024 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Adv. Asit Singh a/w CA of plaintiff present.
Defendant in person present.
Plaintiff compiled with the order dtd. 18-01-2024 by paying cost of Rs. 500/- to the defendant present in person today in Court.
The Ld. Counsel for  plaintiff filed documents vide list of document, it is taken on record and marked as Exh.8
Plaintiff to furnish the copy of affidavit of examination chief and list of document Exh. 8 to defendant.
Matter is adjourned to 10-04-2024 for admission/denial by defendant on the said documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Adv. Amin Patel for plaintiff present.
Adv. Prashant Malik along with defendant no. 1 for defendant present.
At the request of the advocate of defendant for giving admission and denial on Exh. 8 on next date. Hence matter adjn. For admission and denial to 15.07.2024.
Matter is adjourned to 15.07.2024 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. Asif Singh for plaintiff present.
Defendant in person present.
Matter is adjourned to  23-10 -2024 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: Adv. Aakash Singh  for plaintiff present.
None for defendant.
KB.
LO at 11.35 am
Adv. Prashant Malik for defendants present.
By consent
Matter is adjourned to 17.06.2025  for Admission and denial .
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Adv. Akash Singh for plaintiff present.
Defendant in person present.
Matter is adjourned to 10.09.2025 for hearing on documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Asit Singh a/w CA of plaintiff present.
Defendant in person present and sought adjournment.
Later on,
Defendant in person filed adjournment application. It is taken on record and marked as Exh.9. O-Allowed
Matter is adjourned to 19.11.2025 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Akash Singh h/f Adv. Asit Singh alongwith representative of plaintiff present.
Adv. Prashant Malik alongwith defendant present.
Matter is adjourned to 21.01.2026 for admission denial.
                                                                                        Judge
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Ajit Singh for plaintiff present.
Adv. Dhanashree Pawaskar for defendant present.
Kept Back.
Later on at 11.35 am
Adv. Ajit Singh for plaintiff present.
Adv. Dhanashree Pawaskar for defendant present.
At the request of both sides, matter adjourned.
Matter is adjourned to 26.02.2026 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Akash Singh h/f Adv. Asit Singh for plaintiff present.
Defendant in person present.
As court is busy in hearing final arguments in SU.9004/1994 and cross-examination in SU.86/2017 in Timebound matter hence, matter adjourned.
Matter is adjourned to 13.04.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: CORAM  H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.00 am
Adv. Asit Singh alongwith CA of plaintiff present.
None for defendant.
The defendant did not file reply to the documents till date. It is pending since more than 1 year for the stage admission and denial and thereafter for hearing.
On going through the evidence affidavit of the witness Mr. Sanjay Ganpat Modak at Exh.7. The contents of Proof of the document is stated in the affidavit on oath hence the office copy of the letters issued to the concerned authority, original certified copy of the documents except the xerox copies are marked as Exhibit as under:
Sr. No.
Description of documents
Exhibits
1.
The copy of the First Registered Demand Letter dated 17.10.2002. Page No. 1 - 4
Exh.10
2.
The copy of the said 2nd Registered Demand Letter dated 09.11.2002 send by the Plaintiff to the Defendant Page No. 5-8
Exh.11
3.
The copy of the said 3rd Registered Demand Letter dated 02.12.2002 send by the Plaintiff to the Defendant Page No. 9-11
Exh.12
4.
The copy of the said 4th Registered Demand Letter dated 20.12.2002 send by the Plaintiff to the Defendant Page No. 12-13
Exh.13
5.
The copy of the said Registered Cancellation Notice dated 04.06.2003 send by the Plaintiff to the Defendant Page No. 14
Exh.14
7.
The certified copy of the Consent Terms dated 17.10.2014 filed in L. C. Suit No. 1332/2014 of the defendant. Page No. 17-38
Exh.15
8.
The certified copy of the resolution of said society signed by 72 mere flat purchaser and/or members of the society. Page No.39-57
Exh.16
10.
The copy of the stay order dated. 04.09.2014 of the Honble Divisional Joint Sub-Registrar of Co.Op. Housing Society, Mumbai for converting open plot society to flat ownership society
Exh.17
13.
The copy of written complaints dated 13.01.2014 of the plaintiff to the S Ward office and Bhandup Police Station regarding unauthorized construction on the said property by the Defendant. Page No. 82-85
Exh.18
14.
The copy of written complaints dated 15.01.2014 of the plaintiff to the S Ward office and Bhandup Police Station regarding unauthorized construction on the said property by the Defendant. Page No. 86-89
Exh.19
15.
The certified copy of the interim order dated 27.01.2014 of this Honble Court obtained by the Defendant in L. C. Suit No. 289/2014 Page No. 90
Exh.20
16.
The certified copy of the interim order dated 27.01.2014 of this Honble Court obtained by the Defendant in L. C. Suit No. 289/2014 Page No. 91-93F
Exh.21
17.
The certified copy of the said order dated 10.07.2014 in Chamber Summons No. 721/2014 taken out by the Plaintiff in suit No. L. C. 289/2014 of this Honble Court. (Page No. 94-97
Exh.22
18.
The interim order dated 08.05.2014 of this Honble Court in L. C. Suit No. 1322/2014 by the Defendant against the Plaintiff and MCGM. Page No. 98-106
Exh.23
21.
The copy of said Registered Notice dated 22.09.2016 of the plaintiff addressed to the Defendant and other mere flat purchasers before Honble High Court. Page No. 117-121
Exh.24
Matter is adjourned to 22.06.2026 for cross-examination.
Later on at 11.10 am
Adv. Pranav Kamble h/f Adv. Prashant Malik for defendant present.
Matter is adjourned to 22.06.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: P.O. IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
Defendant No. 1 in person present.
Witness absent.
Matter is adjourned to 19.11.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2026

Registration Number: 101109/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 103366/2019
Filing Date: 18-03-2019
First Hearing Date: 13th June 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE