Date: 17-09-2020
Business: Advocate Mr. Polly Patel for plaintiff present and filed registered NM no.1323/2020 with affidavit in support, t.o.r. He also filed affidavit of service of plaint and Notice of motion, t.o.r.
Advocate Ms. Venila Laxman for defendants present.
Plaintiff is directed to register the suit immediately.
Defendants are directed to serve copy of NM reply well in advance upon plaintiff.
Case is adjourned to 16/10/2020 for NM reply/NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv.Shri. Ishan Gambhir for plaintiff present.
Ms. Sonali Chavan C.A. for defendants no.1 to 5, 7 and 8 present and filed vakalatnama of advocate Mr. K. F. Bhot for defendants no.1 to 5, 7 and 8 t.o.r. marked as Exh.2. She also filed Written Statement on for defendants no.1 to 5, 7 and 8 t.o.r. and marked as Exh.3. She also filed affidavit of reply of defendants no.1 to 5, 7 and 8 to Notice of Motion No.1323/2020 t.o.r. Copies of written statement and affidavit of reply of NM are served upon Plaintiff\''s advocate.
C.A. of defendants submitted that, defendant No.6 Mr. Zarir Bhathena is dead.
Plaintiff\'' is directed to explain as to why he has filed Suit against dead person and if he was not knowing about death of defendant no.6, whether he is going to delete the name of defendant No.6 from plaint.
Plaintiff is further directed to get registered the suit till next date by removing office objection if any.
Adjd. to 02.11.2020 for filing affidavit of rejoinder by plaintiff and for filing affidavit of explaination by plaintiff in respect of deceased defendant No.6.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Adv. Ishan Gambhir present for Plaintiffs.
Ms. Sonali Chavan, C.A. Of for Defendant Nos.1 to 5 and 7 present.
Adv. For plaintiff requested for time to file affidavit of rejoinder to notice of motion. Hence, case is adjourned to 01/12/2020 for filing affidavit of rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Advocate Mr. Gogari for plaintiff present and filed affidavit of rejoinder to Notice of Motion.
Defendant\\\''s representative Mr. Ravindra Mudre present and submitted that Defendant is intending to file sur-rejoinder to the rejoinder filed by Plaintiff however court has directed Defendant not to file sur-rejoinder as there will be no end in filing of the rejoinder, sur-rejoinder and further rejoinders. Advocate for plaintiff submitted that matter may be fixed on next for hearing of Notice of Motion. Plaintiff advocate also submitted that matter may be kept for Notice of Motion haring. Meanwhile Plaintiff is directed to get removed office objection if any and to get registered the suit.
Case is adjourned to 10/12/2020 at 2.00 p.m. for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020
Date: 01-12-2020
Business: Advocate Mr. Gogari for plaintiff present and filed affidavit of rejoinder to Notice of Motion.
Defendant\''s representative Mr. Ravindra Mudre present and submitted that Defendant is intending to file sur-rejoinder to the rejoinder filed by Plaintiff however court has directed Defendant not to file sur-rejoinder as there will be no end in filing of the rejoinder, sur-rejoinder and further rejoinders. Advocate for plaintiff submitted that matter may be fixed on next for hearing of Notice of Motion. Plaintiff advocate also submitted that matter may be kept for Notice of Motion haring. Meanwhile Plaintiff is directed to get removed office objection if any and to get registered the suit.
Case is adjourned to 10/12/2020 at 2.00 p.m. for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2020
Business: Advocate Mr. Goghari for plaintiff present
Advocate Mr. K. F. Bhot for Defendant nos.1 to 5 and 7 present and filed sur-rejoinder to rejoinder filed by Plaintiff to Notice of Motion no.1323 of 2020, t.o.r.
When Plaintiff\''s advocate started arguments about Notice of Motion no.1323/2020, defendants advocate pointed out that the documents sought by Defendants in para no.10 of the written statement are not produced by Plaintiff for inspection of documents or for the perusal of the Court. Those documents are material, hence they are called for. After perusing the plaint, written statement, affidavit filed in support of Notice of Motion and its reply, rejoinder, sur-rejoinder, etc court is also of the opinion that Plaintiff will have to produce before the court the documents called for by Defendants in para no.10 of the written statement because those documents will prima-facie useful for parties to show the fact that whether on 03/10/2019 i.e. on the date of death of original tenant, Plaintiff was possessing suit premises as family member of tenant and further on perusal of those documents, court can come to proper conclusion about the serious relief of temporary mandatory injunction claimed by Plaintiff.
Case is adjourned to 16/12/2020 at 2.00 p.m. for compliance by Plaintiff and for further arguments of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Advocate Mr. Mayank Veera for plaintiffs present and submitted that Plaintiff requires two weeks time for providing the copies of documents called by Defendants.
Advocate Mr. K. F. Bhot for Defendants present and filed draft Notice of Motion with affidavit in support for directions to Plaintiff to pay court fees on the basis of 50 percent of the market value of suit premises and seeking leave to register Notice of Motion. Leave granted. Copy served upon Plaintiffs advocate.
Defendants advocate submitted that, actually Plaintiff is not having the documents which are called and now Plaintiff is unnecessarily trying to delay the matter and to create the documents, hence Court may grant adjmt as a last chance and to observe that, if Plaintiff will fail to provide the copies of documents till next date, adverse inference may be drawn against Plaintiff.
Considering submissions, case is adjourned as a last chance to 07/01/2021 for compliance by Plaintiff and for Notice of Motion reply by Plaintiff. It is made clear that, if till next date Plaintiff will not provide the copies of the documents sought by Defendants, Court will have to take cognizance of the failure of plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv Mr. Mayank Vira I/b M/s Dave & Co. for Plaintiff Present and filed compilation of documents/list at Exh.4 with true copies of 15 documents.
Advocate for Plaintiff seeks time to file reply to the Notice of Motion taken out by the defendant.
Defendants and their advocates absent.
Matter kept back.
L.O.
Adv Mr. K. F. Bhot for defendant appeared at 2.30 p.m. and tendered registered Notice of Motion No. 2004/2020 along with affidavit in support.
By consent, matter is adjd. for reply of Plaintiff on Notice of Motion No.2004/2020 and for argument on Notice of Motion No.1332/2020 to02.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv Mr. Ghoghari i/b Dave & Co for plff present and filed reply to NM No.2004/2020.
Adv Mr. Bhot a/w Adv Natasha Bhot for deft present and filed rejoinder in NM No.2004/2020.
He also filed reply to the 15 documents produced by plff.
Matter is adjd for NM haering to 02.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Advocate Shri. Mayank Vira i/b Dave & Co. for plaintiffs present.
Adv. Shri. Jamsheed Master alongwith Natasha Bhot for defendant present.
As Court is busy in other matters, by consent, this matter is Adjourned to 31.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None present for the plaintiff.
Adv. Kersasp Bhot a/w. Adv. Natasha Bhot for defendants present.
As nobody is present for the plaintiff, considering the present Pandemic condition matter adjourned at same stage beyond summer vacation.
Adjourned for NM hearing to 17/06/2021.
L.O. at 1500pm.
Adv. Shri. Mayank Vira i/b Dave Co. for plaintiff present.
Suit is already Adjourned to 17/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv Mr. Vira i/b Dave & Co. for plff present and seeks adjournment.
Adv Mr. Kersasp Bhot for deft present and objected for adjournment by submitting that he has already filed his written argument in the matter. As a last chance, adjournment is granted.
By consent, matter is adjd. for further NM hearing to 07.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv Mr. Vira i/b Dave & Co. for plff present and seeks adjournment by submitting that plff wants to settle the matter amicably with the deft
CA Ms. Sonali Chavan of deft present.
By consent, matter is adjd. for settlement / hearing to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv Mr. Mayank Vira present for plff. and seeks adjournment by submitting that plff has sustained two heart attacks because of which plff is unable to travel to the court for talks of settlement.
Adv Ms. Natash Bhot present for deft. and submitted that she has no instructions about talks of settlement.
Matter is adjd. for NM hearing to 05.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: None present for plff.
CA Ms. Sonali Chavan of deft present.
As nobody is present for the plff, NM of plff be kept for dismissal order on next date.
Matter is adjd. for NM dismissal order to 17.03.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv Mr. Veera h/f Dave & Co. present for plff. and seeks adjournment by submitting that parties are trying for settlement.
None present for deft.
Matter is adjd. for settlement to 23.06.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 12-08-2022
Date: 23-06-2022
Business: Court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 12-08-2022
Date: 23-06-2022
Business: Court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None present for both sides.
Matter adjd to 13.10.2022 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv.Mayank Veera for plaintiff present.
None present for deft.
On oral request of the plaintiff as parties are in process of settlement adjourned for settlement.
Matter adjd to 13.12.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-12-2022
Date: 13-10-2022
Business: Adv.Mayank Veera for plaintiff present.
None present for deft.
On oral request of the plaintiff as parties are in process of settlement adjourned for settlement.
Matter adjd to 13.12.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-12-2022
Date: 13-10-2022
Business: Adv.Mayank Veera for plaintiff present.
None present for deft.
On oral request of the plaintiff as parties are in process of settlement adjourned for settlement.
Matter adjd to 13.12.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: BY PRECIPEE (Exh.4)
Adv.Radhika Kulkarni i/b.Dave and Co. for plaintiff present and filed application for taking case on today\''s board. Application is t.o.r. marked as Exh.4. O-Allowed to take case on today\''s board.
Advocate for the plaintiff in the same application Exhibit-4 requested for permission to withdraw this suit unconditionally.
Heard the Ld. Adv. for the plaintiff. Advocate for the plaintiff submits that in view of settlement and filing of consent terms in RAER Suit No.33/2021 the plaintiff wants to withdraw this suit unconditionally. The learned Advocate for the plaintiff submits that no proceeding in Hon\''ble High Court or Hon\''ble Supreme Court is pending. Considering the submissions made in the application I pass the following order.
ORDER BELOW EXH.4
1. The application Exhibit-4 is allowed
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.4 and today\''s order passed thereon. The plaintiff wants to withdraw this suit unconditionally. In view of order below Exh.4, the plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.1323/20
Read the application, Exh.4 and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Hence, I pass the following order.
ORDER
1. Notice of Motion No.1323/2020 is dismissed.
2. Parties to bear their own costs.
Nature Of Disposal: DISMISSED
Disposal Date: 01-12-2022
