Date: 16-04-2019
Business: Not on Board Taken on Board By Precipe
Adv. Jadhav for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. Copy served to other side.
Adv. Ms. Saida for defendant present.
Heard both sides in draft notice of motion.
FRSR. The following ad-interim relief is granted -
ORDER
The defendant is restrained from disturbing the possession of plaintiff till the hearing of the notice of motion.
Matter adj. for NM Reply and Hearing to 23.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. Jadhav for plaintiff present.
None for defendant.
Time extended as last chance to register the NM.
Matter adj. for Compliance to 20.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Business: Adv. Rupesh Kelala h/f Adv. Yadav for plaintiff present and filed original NM no.1679/19 along with affidavit.
None for Defendant present.
Matter stands Adj for reply to NM on 07.09.19.
Next Purpose: REPLY
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: the court is on leave
Next Purpose: REPLY
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: None present for plaintiff and defendant.
Reply to NM not filed.
Matter stands Adj for reply and hearing on NM to 14.11.19.
Next Purpose: REPLY
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to NM on 13.01.20.
Next Purpose: REPLY
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Plaintiff present his advocate absent.
None for deft.
Interim order to the already passed on 16.04.2019. Deft has not filed reply to NM. Deft despite of giving chance, hence NM to proceed without reply.
Matter stands Adj for NM Hearing to 30.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Court is busy in dictating Judgment in Commercial suit no. 49/20 and 23/20. Hence, board is discharged.
Matter stands Adj for hearing on NM to 29.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
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: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
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: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
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: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present for plaintiff and Defendant
Matter stands Adj for NM for hearing to 01.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: None present.
Plaintiff shall serve writ of summons on defendant.
The case is adjourned to 22.03.2021 for writ summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: As Court is busy in hearing NM in SU NO.4971/19,2339/17, 7603/89, 134/19, dictating orders in SU No. 677/16, MA 42/19 and also in other matters on board. The case is adjourned.
The case is adjourned to 03.05.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Court is vacant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Matter called out at 02.49 p.m.
Adv. M. V. Jadhav for plaintiff present.
None present for defendant.
Later on at 2.59 p.m.
Adv. M. V. Jadhav for plaintiff present.
Heard Ld. Advocate for plaintiff. He filed instant NM No. 1679 of 2019 seeking injunction order against defendant. It appears from the record that although defendant appeared but did not file reply hence, Motion proceeded without his reply.
I have perused assignment deed dated 21.03.2018, by which plaintiff got possession. On 16.04.2019, my predecessor granted ad-interim order. Therefore, in view of aforesaid fact the present motion made absolute in terms of prayer clause (a). Notice of motion disposed of accordingly.
Parties to bear their own cost.
Issue fresh writ of summons.
Matter stands adjourned to 07.12.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Matter called out at 1.47 p.m.
Adv. Padmini Ainapure for plaintiff present. She filed service affidavit alongwith returned enveloped with endorsement left. Exh.5.
She tendered application for substituted service. Exh.6.
As the defendant avoided service. Hence, plaintiff is allowed to serve the defendant by way of substituted service.
None present for defendant.
Matter stands adjourned to 03.02.2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: The court is on leave
Next Purpose: SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Matter called out at 12.29 p.m.
None present.
Matter stands adjourned to 14.06.2022 for service.
Later on at 1.16 p.m.
Adv. Padmini Ainapure for plaintiff present.
Already adjourned to 14.06.2022.
Next Purpose: SERVICE
Next Hearing Date: 26-05-2022
Date: 26-05-2022
Business: NOBTOB
Moved by praecipe. Allowed.
Plaintiff alongwith his Adv. Jayesh Bhatt present.
Heard Ld. Advocate for plaintiff.
He tendered draft CS alongwith affidavit in support.
O-Leave granted to register.
Draft CS handed over to the plaintiff for registration.
He also tendered affidavit of service. TOR. Exh.7.
It appears from the service report that proposed defendants avoided to receive service.
Admittedly, the original defendant is no more. Even there was injunction order passed in favour of plaintiff by my predecessor. As per the contention of the plaintiff, defendant dispossessed him. Therefore, looking to the aforesaid fact that injunction operating in favour of the plaintiff, I proceed to pass the following order.
1. Parties to maintain status quo with respect to suit property till next date;
2. Issue notices to the proposed defendants through Sheriff.
Parties to act on authenticated copy.
Matter already stands adjourned to 14.06.2022.
Next Purpose: SERVICE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Plaintiff a/w Adv. Shaunak Bhatt h/f Adv. Jayesh Bhatt present. He tendered affidavit of service. TOR. Exh.8.
He also tendered reg. CS No.762/2022 a/w affidavit in support. TOR.
As per the report the given address of the proposed defendant is found locked. Thus, re-issue the notice directing the bailiff to comply provisions of Order 5 Rule 17 of CPC a/w bailiff charge by plaintiff.
He also tendered an application under Order 5 Rule 20 of CPC for paper publication that the proposed defendant is avoiding the service of summons. TOR. Exh.9.
O-Allowed the publication in newspaper be issued simultaneously with the notice under Order 5 Rule 17 of CPC.
Matter stands adjourned to 03.08.2022 for steps/service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: NOBTOB, by praecipe.
Adv. Shaunak Bhatt for plaintiff present. He submitted for extension of time for service of CS. He tendered praecipe for the same. TOR. Exh.9.
O-allowed.
Earlier order if any, to continue.
Matter already stands adjourned to 03.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Jayesh Bhatt for plaintiff present. He tendered reg. CS No.762/2022. TOR.
He also tendered VP. TOR. Exh.10.
He tendered affidavit of substituted service by affixture a/w affidavit of service by public notice of CS No.762/2022. TOR.
None present for defendant.
The original defendant appears to be dead. The plaintiff is seeking implication of unknown LRs of defendant. Plaintiff to take steps and argue.
Matter stands adjourned to 19.09.2022 for CS argument (p.h).
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Jayesh Bhatt for plaintiff present.
Heard.
He is seeking time to submit the citations. Time granted.
Matter stands adjourned to 17.10.2022 for CS argument (p.h).
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Jayesh Bhatt for plaintiff present.
None present for defendant.
Heard the advocate for plaintiff.
Matter stands adjourned to 17.11.2022 for CS argument (p.h)/order.
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Jayesh Bhatt for plaintiff present.
None present for defendant.
F.R.S.R. following order is passed in CS No.762/2022.
ORDER
1. Chamber Summons No. 762/2022 in S.C. Suit No. 943/2019 stand dismissed.
2. In view of dismissal of Chamber Summons, the suit does not survive, same also stands dismissed.
3. Proceeding of Chamber Summons as well as suit stands closed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 17-11-2022
