Gangaram Baburao MokalVsKishor Kanojiya +2 more

Date: 16-03-2020
Business: Adv. Mr. Kharatmol for the Plaintiff present and he submitted registered N/M no. 1123/2020 and affidavit of service. t.o.r.
Adv. Ms. Mangal Kadam for Defendant nos. 2 and 3 present and she seeks further time to file reply. The adv for the Plaintiff prays matter showing urgency and asking to keep it tomorrow. Roznama dtd 10.03.2020 shows that ad-interim relief has been granted. As such their appears no urgency in the matter.
Matter is adjd. to 28.07.2020 reply to N/M.
Ad interim relief be continued till next date.
Next Purpose: REPLY
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Business: 27.07.2020 CORAM HIS HONOR JUDGE, CITY CIVIL COURT SHRI. V.V. VIDWANS (Court Room No. 03)
NOB/TOB Suit 1043/2020
Matter pertains to C.R 12.
By Praecipe. Adv. Mr. P.N Kulkarni for the plaintiff present.
Heard.
ORDER BELOW DRAFT NOTICE OF MOTION
The draft N/M is supported by an affidavit of Gangaram Mokal . Perused documents filed along with draft N/M.
   Ld. Counsel for the plaintiff submitted that, in the present suit he is seeking urgent interim order in terms of prayers clause (a) and (b) of the draft N/M against defendants no.2 MHADA to allot any other transit accommodation to the plaintiff in lieu of suit premises and not to allot any other transit accommodation to defendant no.1 during pendency of the suit.
   Ld. Counsel for the plaintiff referred to interim orders of this court in SC Suit No.868/19 and in the present suit and submitted that, the plaintiff\''s possession in the suit premises is protected by the court, however on 12.3.2020 the defendant no.1 trespassed the suit premises and therefore present suit has been filed. As per roznama dated 10.3.2020, interim relief was granted, however Ld. Counsel submitted that, the very purpose of filing the suit will be further frustrated if interim relief in terms of  prayer clause(a) and (b) is not granted.
     Considering the prima facie case and material on record and after taking into account the oral submission of Ld Counsel for the plaintiff, I am inclined to protect the plaintiff. Hence, in terms of prayer clause(a) and (b) the draft N/M , the defendant no.2 is directed to consider the request of the plaintiff to allot him other transit accommodation in lieu of the suit premises and in the meanwhile,  should not allot other transit accommodation to the defendant no.1 in lieu of the suit premises, till next date.
            Authenticated copy of today\''s Roznama be given to the Ld. Counsels for both sides for information and compliance.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Adv. Mr. P.N. Kulkarni for the Plaintiff present.
He filed registered N/M No.1282/2020 along with affidavit in support.
Earlier order, if any to continue till next date.
Matter is adjd. To 23.09.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rainfall, holiday is declared and lockdown because
of Covid-19, board is discharged and as per SOP only urgent
matters are taken up.
Matter is adjd to 6.11.2020.
Earlier order, if any, to continue till next date.
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Mr. Jamkhandi for the plaintiff.
Last chance is granted  for service of summons.
Matter is adjd. to 03/04/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd.to 01.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-05-2021

Date: 19-05-2021
Business: Matter pertains to C.R.No.12.
Adv. Jamkhande for the plff.present. He has filed an application. t.o.r. marked as Exh.2.
Order below Exh.2-  Ad-interim relief if any to continue till next date.
Matter adjd.to 01/07/2021 for reply to N/m
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Adv. Mr. Jamkhandi for the plaintiff present.
None for defendants.
From affidavit dated 16/03/2020, filed by plaintiff it appears that suit summons is duly served to defendant No.1 but he fail to appear on record. Therefore, the suit to proceed ex-parte against him. Defendants No.2 and 3  are appeared on record but, failed to file WS. Hence, the suit to proceed without WS against defendants No.2 and 3. All the defendants are also failed to file reply to NM. Hence, NM to proceed without their reply.
Earlier order if any, is continued till next date.
Matter is adjd. to 09/08/2021 for NM hearing and recording evidence.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Mr. Jamkhandi for the plaintiff present.
Adv. Mangal Kadam for defendants No.2 and 3 present..
Earlier order if any, is continued till next date.
Matter is adjd. to 07/09/2021 for NM hearing and recording evidence.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: CORAM : H. H. J. SHRI. S. D. KULKARNI (C.R.NO. 8)
Matter pertains to C. R. No.9.
Adv. Jamkhandi for plaintiff present.
None for defendant.
Earlier order, if any  to continue till next date.
Matter is adjd. to 28/09/2021 for hearing without WS.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv. Jamkhandi for plaintiff present.
None for defendant.
As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence,  board is discharged.
Earlier order, if any to continue till next date.
Matter is adjd. to 25/10/2021 for hearing without WS.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Jamkhandi for the plaintiff present.
Earlier order if any, is continued till next date.
Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
Matter is adjd. to 12/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Matter pertains to C.R. No.09
Adv. Mr.Jamkhandi for plaintiff present.
None present for the Defendants.
Earlier order if any, to continue till next date.
Matter is adjd. to 07/12/2021 for N/M  Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv Jamkhandi present for the plaintiff.
Earlier order if any to continue till next date.
Matter is adjd. to 14.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Due to SOP only urgent matters are taken up.
Earlier order if any to continue till next date.
Matter is adjd. to 25.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: None present  for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for nm dismissal order to 28/06/22.
l.o. at 04.00 pm.
Adv. Pooja present for the plff. And she requested to continuation of earlier order.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Advocate Jamkhandi present for plaintiff and sought adjournment.
Advocate Mangal Kadam present for defendant no. 02 & 03.
None present for defendant no. 01.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 10.08.2022.
Next Purpose: HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. jamkhant present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendants 02 and 03/MHADA.
None present for other defendant.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 06/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: (Matter pertains to C. R. No. 08)
Adv. Jamkhandi present for the plaintiff.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 03/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendants.
Earlier order, if any, to continue till next date.
As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 20/10/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv. Jamkhandi present for plaintiff.
Adv. Mangal Kadam present for defendant 02 and 03/MHADA.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 05/12/22
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Sue motu matter taken on Board. There appear elements of settlement. Therefore, matter be kept in upcoming lok-adalat dt. 12/11/22. Issue Notice of lok adalat to the Parties. Matter is adjd. For lok-adalat on 12/11/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None present. No business.
Matter adjd to 05.12.2022 as per cited stage on previous date.
Next Purpose: HEARING
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv Jamkhandi present for plaintiff and sought adjournment.
Adv Mangal Kadam present for defendant nos. 02 & 03/MHADA.
None present for defendant no. 01.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 10.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Adv. Shejal Nag hf adv. jamkhandi present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendant no. 02 and 03/MHADA.
None present for other defendant no. 01.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 16/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: None present for plaintiff.
Adv Mangal Kadam present for defendant no. 02 & 03/MHADA.
None present for defendant no. 01.
As plaintiff and his adv are absent.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing/NM dismissal order to 24.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant no. 02 and 03/MHADA.
None present for other defendant no. 01.
From the record it appears that, as the plaintiff and his advocate were absent on the last date, matter was kept for nm hearing/nm dismissal order today. However, plaintiff and his advocate are absent and they did not proceed with the Notice of Motion no. 1282/2020 and Notice of Motion no. 1123/2020 today. As such it appears that, plaintiff is not interested to proceed with the above Notice of Motions. Hence, Notice of Motion 1282/2020 and Notice of Motion no. 1123/2020 are dismissed as per Order 9 Rule 8 of CPC.
Matter adjourned for steps to 04/05/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Adv. I.A. Yadav h/f Adv. Ashish Phalke present for plaintiff.
Adv. Chandramore present for state/ defendant.
Matter adjourned for Steps/order to 19.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant No.2 and 3/MHADA.
Record shows plaintiff is not taking steps in this case.  Therefore, he is not interested in proceeding with this Case. Hence, this case is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 19-08-2023

NOTICE OF MOTION/101282/2020

Registration Number: 101043/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101043/2020
Transfer Date: 22-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 103345/2020
Filing Date: 10-03-2020
First Hearing Date: 16th March 2020
Decision Date: 19th August 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE