Date: 25-03-2019
Business: Adv. Redekar for Plaintiff present.
He tendered original NM No.1266/19 t.o.r.
Ex.2 Adv. Harish Pawar filed V/n for Defendant t.o.r.
Heard both sides on ad-interim.
Adj for order on ad-interim to 26.03.2019.
Next Purpose: ORDER
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv. Redekar for Plaintiff present.
Adv. Harish Pawar for Defendant present.
Adv for Plaintiff filed case laws.
Adv for defendants is at liberty to make his submission relating to said citations.
Adj for ad-interim hearing to 28.03.2019.
Next Purpose: HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. Redekar for Plaintiff present.
Adv. Harish Pawar for Defendant present.
Heard counsel for parties on ad-interim.
Adj for order on ad-interim to 01.04.2019.
Next Purpose: ORDER
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. Redekar for Plaintiff present.
Deft no.3 present. Other defendants and Adv absent.
I have already heard counsel for parties on ad-interim relief. Plaintiff claimed to be in possession of suit premises by virtue of family arrangement allegedly taken place during the lifetime of his parents and that of defendant nos.1,3 and 4. He also claimed that he is running printing press business in the suit premises. Admittedly, suit premises was allotted to father of Plaintiff and defendant nos.1,3 and 4 in place of old premises under SRA scheme. Said fact is also supported by documents filed by the Plaintiff. It is also not in dispute that parents of Plaintiff and defendant nos.1,3 and 4 are no more. Plaintiff claimed to be in exclusive possession of suit premises. He has filed copy of Ration card, copy of Passbook, copy of Aadhar card of his son and copy of his Election identity card to show that same were issued at the address of suit premises. Electricity bill of suit premises still stands in the name of father of Plaintiff and defendant nos.1, 3 and 4. Suit premises still stands in the name of father of Plaintiff and defendant nos.1, 3 and 4 in the record of Society. Although, Plaintiff has claimed about alleged family arrangement, but he has not filed any document to show prima facie that suit premises was allotted to him during the lifetime of parents of himself and that of defendant nos.1,3 and 4.
Prima facie it appears that Plaintiff and defendants are co-owners of suit premises. Advocate for Plaintiff has placed reliance upon authority in the case of Tara Singh V/s Maghar Singh, 2005 Law Suit(P and H)306 in support of his submission that co-owner in exclusive possession of property is entitled to injunction to protect his possession till partition of joint holding.
Per contra Ld.Advocate for defendants submitted that defendants are co-owners, so Plaintiff is not entitled for ad-interim relief. However, he fairly conceded that Plaintiff is running printing press also in the suit premises. It is pertinent to note that in Karbalai Begum V/s M.Saeed 1981 SCR(1) 863 it is observed that the legal position of a co-owner in possession would be that of a constructive Trustee on behalf of other co-sharer who is not in possession and that right of the co-sharer would be deemed to be protected by the Trustee. In the case of Sainath Rama Dhavle and Anr. V/s Dagdu Dhavle and Ors. in S.A.No. 401/18 decided on 06.12.18, it is laid down that the contentions that a co-sharer in exclusive possession can file suit for injunction against other co-sharer to protect his possession cannot be accepted. Applying above legal position to the facts of present matter, I am of the view that prima facie defendants being co-owners of suit premises, Plaintiff is not entitled for ad-interim relief. Hence, prayer for ad-interim relief as sought stands rejected. However, keeping in view fact that Plaintiff is running printing press in portion of suit premises, status quo in that regard be maintained.
Adj for NM reply to 13.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2019
Date: 13-06-2019
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Ankush Mhatugade for defendants present.
Exh.3 - Defendant filed written statement - TOR.
Advocate for defendants submitted that written statement be treated as reply to notice of motion.
Adjd for NM hearing to 29.07.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Adv. Redekar for Plaintiff present.
Plaintiff present.
Adv. Charusheela Gorad for defendant present.
K.B.
L.O.
Adj for NM hearing to 29.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Matter adjd to 17/10/2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Redekar for plaintiff present.
Plaintiff present.
Adv. Dhurvi Gujar for defendant present.
Adv. for defendants sought adjournment.
O- Granted
Adjd. to 20.11.2019 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Plaintiff present.
Adv. S. S. Redekar for plaintiff present.
Adv. Surbhi Gujar for defendant present.
Advocate for defendant sought adjournment granted.
Adjourned for NM hearing to 18.12.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Redekar for plaintiff present.
Adv. Harish Pawar for defendant present.
He sought time to file documents and prayed for adjournment
O- Adjournment is granted.
Adjourned to 23.01.2020 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Redekar for plaintiff present.
Plaintiff present.
Adv. Surbhi Gujar for defendants present.
She tendered application for leave to file additional affidavit and documents in support thereof.
Other side to say.
Adjourned for say to 13.02.2020.
Next Purpose: REPLY
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Plff present.
Adv S. S. Redekar for plff present.
Adv Surabhi Gujar for deft present.
Adv for plff seeks time to file reply to NM. Granted.
Matter stands Adj for NM reply to 11/03/2020.
Next Purpose: REPLY
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: HHJ is on leave today
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: REPLY
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv Gujar for deft present.
Matter stands Adj for reply to 09/02/2021.
Next Purpose: REPLY
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv S. S. Redekar for plff present.
Adv Gujar for deft present.
She requested time to file rejoinder. Granted.
Matter stands Adj for Rejoinder to 10/03/2021.
Next Purpose: REJOINDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv S. S. Redekar for plff present.
He filed reply to deft\''s application for permission to file additional affidavit and documents. t.o.r.
Copy served to other side.
Adv Gujar for deft present.
She filed additional affidavit in reply to NM. t.o.r.
Copy served to other side.
Matter stands Adj for NM Hearing to 23/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Due to Covid-19, Matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv Redekar for plff present.
Adv Harish Pawar for deft present.
He seeks time for NM Hearing. Granted.
Matter stands Adj for NM Hearing to 04/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Plaintiff present.
Defendant no.3 present.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 03.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 04-10-2021
Business: Plaintiff present.
Defendant no.3 present.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 03.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Plff present.
Adv Redekar for plff present.
Pawan Tiwari for deft present.
He seeks time for hearing on application filed by defts for permission to file additional affidavit and documents. Now said application dated 23/01/2020 is marked as Exh. 04.
Reply of plff dated 10/03/2021 is marked as Exh. 04A.
Matter stands Adj for Hearing on Exh. 04 to 13/01/2022.
Next Purpose: HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present.
Matter is adjd to 04/03/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-03-2022
Date: 13-01-2022
Business: None present.
Matter is adjd to 04/03/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Sheetal Redekar for plff present.
Adv Harish Pawar for deft present.
Heard Adv for both parties on Exh. 04.
Matter stands Adj for Order on Exh. 04 to 15/03/2022.
Next Purpose: ORDER
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Pawan Tiwari for defendants present.
Adv. Redekar for plaintiff present.
FRSR order is passed
O R D E R
1. Application (Exh.4) is allowed.
2. Additional affidavit-in-reply of defendants along with the documents filed with it is taken on record.
3. No order as to costs.
Matter stands Adj for NM hearing on 21.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv Redekar for plff present.
Deft no. 4 present.
P. O. is busy in dictation order in NM 1092/2022 and NM 1187/2022 in SU 637/2022.
Hence, matter stands Adj for NM Hearing to 07/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Redekar for plaintiff present.
He seek time to file rejoinder. Time granted.
Adv. Harish Pawar for defendant present.
Matter is adjd for rejoinder and hearing to 24/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv.Redekar for plaintiff present.
He seek time to file rejoinder. Time granted. He is directed to serve advance copy on other side.
Adv. Harish Pawar for defendant present.
Parties are directed to give CTS Number of suit property.
Matter is adjd for hearing to 13/10/2022.
Next Purpose: HEARING
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Redekar for plaintiff present.
He filed rejoinder to the reply of defendant. TOR.
Copy served on other side.
Adv. Pawan Tiwari for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 30/11/2022.
Next Purpose: HEARING
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Redekar for plaintiff present.
Plaintiff present.
Adv. Harish Pawar for defendant present.
Perused pleadings. There is chance of settlement between the parties. They are closely related. Hence matter is refer for mediation. Parties are directed to attend mediation department on 12/12/2022 at 3.00 pm.
Parties are directed to give CTS number of suit property.
Matter is adjd for mediation report to 05/01/2023.
Next Purpose: REPORT
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Redekar for plaintiff present.
Adv. Pawar for defendant present.
Matter adjourned for report to 09/02/2023.
Next Purpose: REPORT
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: NOB TOB
Mediation report received t.o.r. and marked at Exh 3.
Mediation failed.
Already adjourned to 09/02/2023.
Next Purpose: REPORT
Next Hearing Date: 09-02-2023
Date: 04-02-2023
Business: NOB TOB
Mediation report received t.o.r. and marked at Exh 3.
Mediation failed.
Already adjourned to 09/02/2023.
Next Purpose: REPORT
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Adv. Redekar for plaintiff present.
Plaintiff present.
Adv. Pawan Tiwari h/f Adv. Harish Pawar for defendant present.
Matter adjourned for mediation report to 10.03.2023.
Next Purpose: REPORT
Next Hearing Date: 10-03-2023
Date: 09-02-2023
Business: Adv. Redekar for plaintiff present.
Plaintiff present.
Adv. Pawan Tiwari h/f Adv. Harish Pawar for defendant present.
Matter adjourned for mediation report to 10.03.2023.
Next Purpose: REPORT
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned to 06/05/2023 for mediation report.
Next Purpose: REPORT
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: NOB TOB
Received Mediation report. Mediation failed. Mediation report t.o.r and marked as Exh 4.
Already adjourned to 06/05/2023.
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: Plaintiff present and advocate absent.
Defendant present and advocate absent.
Both seek time for n/m hearing. Time granted.
Matter adjourned for hearing to 21/07/2023.
Next Purpose: HEARING
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Advocate Mr. S.S. Redekar for plaintiff present.
Advocate Ms. Charushila Gorad i/b Adv. Mr. Harish Pawar for defendant present and she seeks time. O- Granted.
Matter adjourned for hearing on 09.08.2023.
Next Purpose: HEARING
Next Hearing Date: 09-08-2023
Date: 21-07-2023
Business: Advocate Mr. S.S. Redekar for plaintiff present.
Advocate Ms. Charushila Gorad i/b Adv. Mr. Harish Pawar for defendant present and she seeks time. O- Granted.
Matter adjourned for hearing on 09.08.2023.
Next Purpose: HEARING
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Advocate Mr. Redekar for plaintiff present.
Defendant no. 2 to 4 present and seeks time. O- Granted.
Advocate for defendant absent.
Matter adjourned for hearing on 15.09.2023.
Next Purpose: HEARING
Next Hearing Date: 15-09-2023
Date: 09-08-2023
Business: Advocate Mr. Redekar for plaintiff present.
Defendant no. 2 to 4 present and seeks time. O- Granted.
Advocate for defendant absent.
Matter adjourned for hearing on 15.09.2023.
Next Purpose: HEARING
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Advocate Mr. Redekar for plaintiff present.
Plaintiff present.
Advocate Mr. Harish Pawar for defendant no. 1, 2 and 4 present.
Advocate Ms. Kavita Pawar appears for defendant no. 3 and filed V/P TOR and marked as Exh-5.
She seeks time for hearing. O- Granted.
Matter adjourned for hearing on 20.10.2023.
Next Purpose: HEARING
Next Hearing Date: 20-10-2023
Date: 15-09-2023
Business: Advocate Mr. Redekar for plaintiff present.
Plaintiff present.
Advocate Mr. Harish Pawar for defendant no. 1, 2 and 4 present.
Advocate Ms. Kavita Pawar appears for defendant no. 3 and filed V/P TOR and marked as Exh-5.
She seeks time for hearing. O- Granted.
Matter adjourned for hearing on 20.10.2023.
Next Purpose: HEARING
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-12-2023
Date: 20-10-2023
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Advocate Mr. Redekar for plaintiff present.
Advocate Mr. Shivam Gawade h.f. Advocate Harish pawar for defendant 1, 2 and 4 present and seeks time. O- Granted.
Advocate Ms. Kavita Pawar for defendant no. 3 present.
Kept back
Later on at 4.00 P.M.
Heard argument of advocate for plaintiff on NM 1266/2019.
Matter adjourned for hearing on 15.12.2023.
Next Purpose: HEARING
Next Hearing Date: 15-12-2023
Date: 04-12-2023
Business: Advocate Mr. Redekar for plaintiff present.
Advocate Mr. Shivam Gawade h.f. Advocate Harish pawar for defendant 1, 2 and 4 present and seeks time. O- Granted.
Advocate Ms. Kavita Pawar for defendant no. 3 present.
Kept back
Later on at 4.00 P.M.
Heard argument of advocate for plaintiff on NM 1266/2019.
Matter adjourned for hearing on 15.12.2023.
Next Purpose: HEARING
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Plaintiff present.
Advocate Mr. Harish Pawar for defendant no. 1, 2 amd 4 present.
Advocate Mr. Redekar for plaintiff present.
Advocate Ms. Kavita Pawar for Defendant no. 3 present.
Heard argument of both the advocates on NM 1266/2019.
Matter adjourned for NM orders on 22.12.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Plaintiff present.
Defendant no. 2 present.
Defendant no. 3 present.
Advocate Mr. Redekar for plaintiff present.
Defendant and advocate absent.
Court is busy in dictating order in NM 804/2023 in SU 3155/2013.
Matter adjourned for NM orders on 08.01.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 08-01-2024
Date: 22-12-2023
Business: Plaintiff present.
Defendant no. 2 present.
Defendant no. 3 present.
Advocate Mr. Redekar for plaintiff present.
Defendant and advocate absent.
Court is busy in dictating order in NM 804/2023 in SU 3155/2013.
Matter adjourned for NM orders on 08.01.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Advocate Redekar for plaintiff present.
Matter adjourned on 15.01.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: P. O. is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2024
Date: 15-01-2024
Business: P. O. is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Plaintiff present.
Advocate Mr. Redekar for plaintiff present.
Advocate Mr. Shivam Gawade h.f. Advocate Harish Pawar for defendant no. 1, 3 and 4 present.
Advocate Ms. Kavita Pawar for defendant no. 2 present.
Matter adjourned for NM Orders on 13.02.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2024
Date: 25-01-2024
Business: Plaintiff present.
Advocate Mr. Redekar for plaintiff present.
Advocate Mr. Shivam Gawade h.f. Advocate Harish Pawar for defendant no. 1, 3 and 4 present.
Advocate Ms. Kavita Pawar for defendant no. 2 present.
Matter adjourned for NM Orders on 13.02.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Advocate Mr. Redekar for plaintiff present.
Advocate Ms. Kavita Pawar for defendant no.2 present.
Advocate Mr. Shubham Gawade for defendant no. 1, 3 and 4 present.
Matter adjourned for NM orders on 22.02.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 22-02-2024
Date: 13-02-2024
Business: Advocate Mr. Redekar for plaintiff present.
Advocate Ms. Kavita Pawar for defendant no.2 present.
Advocate Mr. Shubham Gawade for defendant no. 1, 3 and 4 present.
Matter adjourned for NM orders on 22.02.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: PO is on training, hence matter is adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: Advocate Mr. Redekar for plaintiff present.
Advocate Ms. Sayyada Devjiyani h.f. Advocate Kavita Pawar for defendant no. 3 present.
Court is busy in dictating order in NM 566/2024 in MH Petition 196/2023.
Matter adjourned for NM orders on 15.03.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 15-03-2024
Date: 11-03-2024
Business: Advocate Mr. Redekar for plaintiff present.
Advocate Ms. Sayyada Devjiyani h.f. Advocate Kavita Pawar for defendant no. 3 present.
Court is busy in dictating order in NM 566/2024 in MH Petition 196/2023.
Matter adjourned for NM orders on 15.03.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Plaintiff present.
Advocate Mr. Redekar for plaintiff present.
Advocate Mr. Pawan Tiwari h.f. Advocate Harish Pawar defendant no. 1, 3 and 4 present.
Advocate Sayyada Devjiyani for defendant no. 3 present.
Kept back
Later on at 4.20 P.M.
FRSR following order is passed-
ORDER
Notice of Motion No. 1266 of 2019 stands rejected with no order as to costs.
Advocate Ms. Kavita Pawar for defendant no. 3 present.
Plaintiff filed application for continuation of status quo order dated 01.04.2019. Taken on record and marked as Exhibit-6.
Defendant no. 1 to 4 have filed their reply on the application itself. Heard both sides. Perused papers on record. Considering the nature of suit and plaintiff is in possession of the suit property and the ground mentioned in the application, the status quo order dated 01.04.2019 is hereby continued for 6 weeks as prayed.
Nature Of Disposal: OTHER
Disposal Date: 15-03-2024
