Date: 09-02-2021
Business: Adv. M. B. Jadhav for appellant is present.
None present for respondent.
Advocate for appellant files R and P. Taken on record.
Adjourned to 03.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. M. B. Jadhav for appellant is present.
None present for respondent.
Appellant to serve respondent by next date.
Adjourned to 25.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Nilesh Lonkar h/f Adv. Ashok Nikam for respondent is present and submits that his senior is suffering from Covid-19 and as such seeks time.
Adjourned to 22.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: COURT IS ON LEAVE TODAY.
None present for the parties.
Adjd. to 10/06/2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for parties.
Due to COVID-19, adjourned to 30.06.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for parties.
Adjourned to 26.07.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: None present for the appellant.
Adv. Mr. Nilesh Wankar for the respondent is present.
Due to COVID-19, adjourned to 10.8.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Pramod Londhe h/f Adv. Sunil Lahane for respondent no.1 is present.
At the request of Ld. counsel for respondent by way of last opportunity, matter adjourned to 21.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Sachin Kadam h/f Adv. M. B. Jadhav for appellant is present.
Adv. Sunil Lahane i/b The Juris Partners for respondent no.1 is present.
Advocate for appellant seeks leave to register chamber summons for amendment in appeal memo and prayer clauses. Leave granted. It be registered. Appellant to served copy to other side.
Ld counsel for respondent seeks time to file reply.
Respondent No.1 files application u/s.107 CPC for taking additional evidence and/or for remanding back the matter to competent authority for recording evidence. TOR and marked as Exh.2.
Appellant seeks time to file say.
Adjourned to 03.09.2021 for Reply on CS and Exh.2.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. M. B. Jadhav for appellant is present and tenders original registered chamber summons No.972/21.
Adv. Pramod Londhe h/f Adv. Sunil Lahane for respondent is present and files reply to chamber summons. TOR and marked as Exh.3.
Ld. advocate for appellant submits that he would not file reply on Exh.2, as such at the request of Ld. counsel for the respondent No.1 matter is adjourned to 18.09.2021 for Hearing on CS as well as Exh.2.
Next Purpose: HEARING
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Pramod Londhe h/f Adv. Sunil Lahane for respondent is present.
At the request of advocate for respondent matter is kept back.
L.O.
Adv. M. B. Jadhav for appellant is present.
Ld. counsel Mr. Sunil Lahane a/w Adv. Pramod Londhe and Adv. Reshama Karad for respondent No.1 present.
Heard both the sides on chamber summons.
F.R.S.R. Following order is passed.
ORDER
1. Chamber Summons No.972 of 2021 is made absolute in terms of prayer clause (a).
2. Amendment be carried out within a week and amended copy be served on the other side.
Exh.2 is an application for taking evidence and seeking remand of the matter. This application can be heard alongwith the appeal. Parties to argue the matters on next date.
Adjourned to 29.09.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. M. B. Jadhav for appellant is present.
Ld. counsel Mr. Sunil Lahane a/w Adv. Pramod Londhe and Adv. Rachana Karade i/b The Juris Partners for respondent No.1 present.
Advocate for appellant files written arguments. TOR and marked as Exh.4.
Advocate for respondent files written arguments. TOR and marked as Exh.5.
Heard final arguments of both sides.
Adjourned to 13.10.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Nilesh Lonkar a/w Adv. Rachana Karade i/b The Juris Partners for respondent present.
Judgment is pronounced in open court.
Exh.6 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.3 of 2021 is partly allowed.
2. The impugned order passed in Eviction Case No.25702 of 2019 dated 26th December 2019 is set aside.
3. The matter is remanded back to the Competent Authority and Competent Authority shall pass appropriate order in the light of directions given hereinabove by the end of December 2021.
4. Parties to appear before the Estate Officer on the 21st of October 2021.
R and P be returned back to the respondent.
Nature Of Disposal: ALLOWED
Disposal Date: 13-10-2021
