Date: 12-06-2019
Business: Adjd
Next Purpose: REPLY
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Adv. Mr. Khillare for the Plaintiff present.
Adv. Ramesh Singh for Defendant-2 and 4 to 8 present. He undertakes to file Vakalatnama on next date.
Adv. Ms. Prajkta Rane for Defendant no. 1 present and she filed Vakalatnama.t.o.r. O-filed.
Defendant no. 3 and 9 though duly served with writ of summons, failed to appear. Hence exparte order is hereby passed against Defendant no. 3 and 9.
Adv for the Plaintiff seeks adjournment for filing reply to N/M. Granted as a last chance.
Matter is adjd. to 18.10.2019 for N/M reply by Defendant no. 1/ passing no WS order against Defendant no. 1 and 2 and 4 to 8.
Next Purpose: REPLY
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Matter is adjd. for NM reply to 04.03.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: None for plaintiff.
Adv. Prajakta Rane for the defendant No.1.
Adv. Karot for the defendant No.3.
Matter is adjd. to 12/04/2021 for service of summons/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. More for plaintiff present.
Defendant No.1 in person present.
Adv.Sunil Karav for defendant No.3 present.
Adv.S.M.Naik for defendant No. 9 present.
Matter is adjd. to 22.10.2021 for NM reply
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Mr.More present for the plaintiff.
Adv Prajakta Rane present for the defendant no.1
Adv Ramesh Singh present for the defendant nos.2, 4 to 8
Adv Sunil Kauth present for the defendant no.3
Adv for the defendant nos.3 filed draft NM a/w affidavit in support TOR O- Leave is granted. Serve to other side.
The NM 1336/19 is filed for temporary injunction against the defendant no.1. Defendant no.1 has filed reply. However, Ld advocates for the defendant no.3 and defendant no.2 and 4 submit that they have not received the copy of motion. Plaintiff is directed to serve the copy of motion during the course of the day.
NM No.3290/19 is filed by defendant no.1 for condonation of delay in filing WS. Plaintiff has not filed reply to the same.
Today Ld advocate for defendant no.3 tendered a motion for setting aside exparty order passed against the defendant no.3. Leave is granted to register the same. Defendant no.3 is directed to serve the copy of motion upon plaintiff. All the motions are kept on 03.01.2022 for filing reply. All parties are directed to serve the copy of reply to the other side in advance so that motion no.3290 and the motion filed today can be heard that day.
Matter is adjd. to 03.01.2022 for filing reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court).
Adv. N. More for plff present.
Adv. Prakash Sawant @ Prajkta Rane for deft. No.1 present.
Adv. Sunil Karat for deft. No.3 present.
Adv. Ramesh Singh for deft No.2 & 4 to 8 present.
Adv. S.M. Naik for MHADA /deft No.9 present.
Adjd for NM reply to 19/4/22
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. More present for plaintiff and tendered affidavit in reply to nm no. 3290/2019.
Adv. Karoth present for defendant 03.
Matter adjourned for hearing on nm no. 3290/2019 and reply to other NM to 07/07/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv More present for plaintiff.
Adv Prajataka Rane present for defendant no. 01.
Adv Ramesh Singh present for defendant no. 02, & 04 to 08 and submitted that leave be granted for registering draft Notice of Motion tendered on 18-12-2019.
Adv Karvat present for defendant no. 03 and tendered original register Notice of Motion no.3277/21 @ affidavit.TOR. He also tendered Written Statement of defendant no. 03 @ Notice of Motion.
Copy served to the Adv of plaintiff.
Order-
Leave granted to register.
Matter adjourned for Notice of Motion hearing and reply to the NM to 21.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: As presiding officer is on leave. Hence matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. More present for plaintiff.
Adv. Prajkta Rane present for defendant 01 and tendered affidavit in rejoinder to the nm no. 3290/19 t.or.
Adv. Ramesh singh presnet for the defendant no. 02 and 04 to 8 and he tendered original registered Notice of Motion No. 2649/2022 @ affidavit. t.o.r..
Adv. Sunil karavth present for defendant no. 03.
Heard arguments ld. Adv. For plaintiff and ld adv. For defendant 01 on nm no. 3290/2019.
Heard arguments ld. Adv. For plaintiff and ld adv. For defendant 03 on nm no. 3277/2021.
Heard arguments ld. Adv. For plaintiff and ld adv. For defendant 02 and 04 to 8 on nm no. 2649/2022.
Matter adjourned for order on nm no 3290/2019, nm 3277/2021 and on nm no. 2649/2022 to 18/08/22.
Next Purpose: NM ORDERS
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv.Deepak Khilari for plaintiff.
Adv.Prajakta Rane for defendant no.1 present.
Adv.Sunil Karoeh for defendant no.3 present.
Adv.Mr.Ramesh Singh for defendant on.2 and 4 to 8 present.
FRSR following order is passed in N/M 3290/19-
Order
1. Notice of Motion No. 3290/19 is made absolute.
2.Written statement of defendant no.1 be taken on record if tendered by defendant no.1 on or before next date.
3. Notice of Motion No.s 3290/19 is disposed of accordingly.
FRSR following order is passed in N/M 2649/22-
Order
1. Notice of Motion No. 2649/22 is made absolute.
2.Written statement of defendant no.2 and 4 to 8 be taken on record if tendered by them on or before next date.
3. Notice of Motion No. 2649/22 is disposed of accordingly.
FRSR following order is passed in N/M 3277/21-
Order
1. Notice of Motion No. 3277/21 is made absolute.
2.Written statement of defendant no.3 be taken on record if tendered by her on or before next date.
3. Notice of Motion No. 3277/21 is disposed of accordingly.
In view of the above orders written statement of defendant no.1 is taken on record and marked as Exh 7.
Written statement of defendant no.3 is taken on record and marked as Exh 8.
Written statement of defendant no.2,4,5,6,7 and 8 is marked as
Exh 9.
Matter adjourned for Hearing on N/M 1336/19 to 22.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Deepak Khilari present for plaintiff.
Adv. Ramesh singh present for defendant 02 and 04 to 08 and sought adjournment.
Adv. Sunil Karoth present for defendant no. 03.
None present for other defendants.
Matter adjourned for hearing on nm no. 1336/2019 to 16/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv Deepak Khillari present for plaintiff.
Adv Ramesh Singh present for defendant no. 02 & 04 to 08 and sought adjournment.
Adv Prajakta Rane present for defendant no. 01.
None present for other defendants.
Matter adjourned for Notice of Motion hearing to 16.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Dipak Khillari present for plaintiff and submitted that, advocate for defendant no. 02 and 04 to 08 has given him the affidavit of rejoinder to his clerk for tendering in the court and tendered affidavit of rejoinder of defendant no. 02, 04 to 08.
Adv. Prajakta rane present for defendant 01.
Matter adjourned for nm hearing to 24/01/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Khillari present for plaintiff.
Adv. Ramesh singh present for defendant no. 02 and 04 to 08.
Adv. Prajakta Rane present for defendant no. 01 and tendered rejoinder in nm no. 1336/2019. t.o.r.
copy served to the advocate for the adv. For plaintiff.
Adv. Sunil Karoth present for defendant no. 03.
By consent Matter adjourned for nm hearing to 28/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Khillari present for plaintiff.
Adv. Prajakata Rane present for defendant no. 01 and sought adjournment.
Adv. Karoth present for defendant no. 03.
Adv. Ramesh Singh present for defendant no. 02 and 04 to 08 and tendered affidavit of sir sir rejoinder in Notice of Motion no. 1336/2019.
Copy served to the advocates for other parties.
Matter adjourned for nm hearing to 09-06-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: None present for plaintiff.
Adv. P.N. Diwan present for defendant No.9/MHADA.
Matter adjourned for NM for hearing to 17.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: None present for plaintiff.
Adv. Prajakta Rane present for defendant No.1.
Adv.Ramesh Singh present for defendant No.2 and 4 to 8. He sought an adjournment.
Matter adjourned for NM Hearing to 24.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Adv. More h/f. Adv. Khillare present for plaintiff. Plaintiffs counsel prayed for an adjournment. Adjournment is granted as last chance. Plaintiff to note that no further adjournment shall be granted on any ground on next date.
Adv. Prajakta Rane present for defendant No.1.
Adv.Ramesh Singh present for defendant No.2 and 4 to 8.
Adv. Sunil Kanot present for defendant No.3.
Adv. Ms. P.N. Diwan present for defendant No.9/MHADA.
Matter adjourned for NM Hearing to 06.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Plaintiff in-person present.
Adv. Deepak Khillari present for plaintiff.
Adv.Ramesh Singh present for defendant No.2 and 4 to 8.
Adv. Sunil Kanot present for defendant No.3. He requested for adjournment.
Matter adjourned for NM Hearing to 28.11.2023.
Adv. Pushpalata Diwan present for defendant/MHADA.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Adv. Deepak Khillari present for plaintiff.
Adv. Prajakta Rane present for defendant No.1.
Adv.Ramesh Singh present for defendant No.2 and 4 to 8.
Adv. Sunil Kanot present for defendant No.3.
Order on Notice of Motion No.1336 of 2019 in Suit No.376 of 2019
Perused notice of motion and replies filed by defendants. Heard their counsels.
This is a dispute between children of Yeshwant Sawant regarding suit property i.e. room No.412, Bhagirath Sadar, Senapati Bapat Marg, Lower Parel, Mumbai. It is contended by plaintiff that Yeshwant Sawant was tenant in Room No.412. He passed away on 29.09.1996. Plaintiff and defendant Nos.1 to 8 were residing in the said room with deceased Yeshwant Sawant. After death of Yeshwant Sawant, defendant No.1 got suit property transferred to his name. Exh. D (page No.33 of plaint) is agreement between deceased and Yeshwant and MHADA. It shows that defendant No.2 was residing with deceased Yeshwant. Learned counsel of plaintiff drew my attention towards signature of Yeshwant on agreement dated 25.05.1988 between him and MHADA and signatures of deceased Yeshwant on alleged application dated 07.10.1995 and affidavit dated 26.09.1995 by which deceased Yeshwant allegedly sought to transferred suit property to defendant No.1. He pointed out that these three signatures are patently different. He submitted that the affidavit is bogus. I have perused these documents. The signatures on three documents are apparently different.
Learned counsel of plaintiff drew my attention to letter written by MHADA to defendant No.1 on 30.01.1996 (Exh.I page 44 of plaint). By this letter defendant No.1 was called upon to submit NOC of other legal representatives of deceased Yeshwant but Prakash did not submit NOC of other legal representatives of deceased Yeshwant. Learned counsel for plaintiff drew my attention to Exh.J (page No.46 of plaint). He submitted that defendant No.1 mentioned in this indemnity bond that he was legal heir of deceased Yeshwant and was entitled to rent receipt in his name. He submitted that other legal representatives of Yeshwant were also entitled to have their names as tenant of said room. He drew my attention towards para No.3 on page No.4 of this indemnity bond in which defendant No.1 undertook to surrender said premises if any other legal heir of deceased Yeshwant calimed interest in the premises. He pointed out that defendant No.1 did not annex no objection of other legal heirs of Yeshwant with his application dated 12.04.1996. He pointed out that the application (page No.52 of plaint) was filed during life time of Yeshwant and in this application different ages of Yeshwant were mentioned. Learned counsel of plaintiff drew my attention towards letter from Estate Manager dated 16.08.1996 by which defendant No.1 was directed to produce NOC of other legal representatives of deceased Yeshwant. The defendant No.1 by letter dated 31.08.1996 (Exh.M) informed Estate Manager that as Yeshwant was alive. There was no question of NOC of other legal representative of Yeshwant. He also pointed that thereafter defendant No.1 was asked to come with original tenant (Yeshwant) and appear before the authority because there is difference in signatures of original tenant.
In the course of argument I asked learned counsel of defendant No.1 whether after this letter Yeshwant was produced before the authorities. She conceded that Yeshwant was not produced before authorities. Thus one thing is clear that there is appearant difference between signatures of Yeshwant in agreement with MHADA and the documents by which Yeshwant allegedly sought to transferred suit property to defendant No.1 to the exclusion of other legal heirs of Yeshwant.
Learned counsel of defendant No.1 submitted that the suit is barred by limitation as the plaintiff knew about mutation of name of defendant No.1 in the record of MHADA as the parties had cordial relations during that period. She also drew my attention towards pleadings in written statement of defendant No.1 that defendant No.1 supported entire family of Yeshwant including widows and children of two pre-deceased sons of Yeshwant. As defendant No.1 shouldered the entire responsibility, Yeshwant transferred this room to defendant No.1. This is all a matter of evidence. It cannot be decided without detailed appreciation of evidence of both parties.
At this stage plaintiff primafacie proved that deceased Yeshwant was tenant of suit property. After his demise, all children of Yeshwant had interest in suit property. If in such circumstances defendant No.1 creates third party interest in the suit property, it will caused irreparable loss to plaintiff. Balance of convinience lies in favour of plaintiff. In such circumstances discretion needs to exercised in favour plaintiff. He is entitled to relief of injunction as prayed by him. Hence I pass following order;
ORDER
1. Notice of Motion No.1336 of 2019 is allowed.
2. Defendant No.1 is restrained from selling, transferring, disposing of or creating third party interest in the suit property either by himself, or through his agent, servant,relatives ect. during pendancy of this suit.
3. Notice of Motion No.1336 of 2019 stands disposed off.
Matter is referred to Lok Nyayalay which is on 09.12.2023.
Matter adjourned for Lok Nyayalay to 09.12.2023.
Nature Of Disposal: ALLOWED
Disposal Date: 28-11-2023