Binakumari (SRA) CHS LtdVsMulund Shriram CHS Ltd

Date: 15-06-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Adv. for plff. tendered registered N/M 2205/2018.
The plff. to pay the cost of City Survey Office.
Earlier order to continue till next fixed date.
Matter is adjd. to 09.07.2018 for Report / reply to N/M No. 2205/18.
Next Purpose: REPORT
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Adv. for Plff. present.
Adv. for Deft. present.
The adv. for plff. to take further steps.
Matter is adjd. to 31.07.2018 for Report / reply to N/M No. 2205/18.
Next Purpose: REPORT
Next Hearing Date: 31-07-2018

Date: 31-07-2018
Business: Adv. Dubey for plff. present.
Deft. and his adv. absent.
Kb at 2.45 p.m.
Same appearance.
Adv. for deft. present.
Adv. for plff. submitted that he has made the payment and seeking adjournment. Granted.
Matter is adjd. to 29.08.2018 for reply on N/M No.2205/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2018

Date: 29-08-2018
Business: Adv. Dubey for plff. present.
Adv. for deft. present.
Adv. for both the parties submitted that the City Survey Officer may visit the suit premises today. Hence, adjourned.
Matter is adjd. to 12.09.2018 for reply on N/M No.2205/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Adv.Dubey for plff. present.
Deft. and his adv. absent.
issue reminder to the court commissioner to submit report.
k.b.
l.o
Application filed by Adv. for plff. for continuation of order is interim relief.
Other side is absent.
Order on Exh.3 As there was earlier order dtd.28.03.2018 and it was continue from time to time up to 15.06.2018, the interim relief shall continue till next date in terms of the said order. in this terms Exh.3 stands disposed of.
Matter is adjd. to 16.11.18 for Report of Court Commissioner.
Next Purpose: REPORT
Next Hearing Date: 16-11-2018

Date: 16-11-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Court is busy in argument in suit No. 2592/17 and order Ch/sum No.1463/17 in old suit No.6293/07and argument in H.C.T.B N/M No.2979/15 in suit No. 1732/15.
Matter is adjd. to.  18.12.2018 for report of Court Commissioner.
E.O. to continue till next date.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
On request of Adv. for plff. Matter is adjd. to. 01.02.2019 for report of Court Commissioner.
E.O. to continue till next date.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 17-02-2019

Date: 17-02-2019
Business: As wrong date is given on holidays board i.e. Sunday, Hence taken on re-opening days i.e today 18.02.2019
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: The matter was wrongly given date on holiday i.e. 17.02.2019 hence, taken up today.
plff. and his adv. absent.
deft. and his adv. absent.
Court receivers report is received
Matter is adjd. to. 11.04.2019 for say of the party on commissioner report and reply to N/M No.2205/18
E.O. to continue till next date.
Next Purpose: FILING SAY
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Adv. for plff. present.
Adv. for deft present.
On request of  both the parties, Matter is adjd. to. 20.06.2019  for their response to the report of court commissioner and reply to N/M No.2205/18
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv. for plff present.
Adv. for deft present.
As court is busy in detection in High court time bound appeals 114/19 to 130/19.
Matter is adjd. to. 26/07/2019 for NM Reply.
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. Jitendra Tiwari for plff present.
Adv. Shekhawat for deft present.
Advocate for defendant submitted that he is relying upon Court Commissioner Report at Exh.4 and does not file separate NM. Heard rival submissions.
Adjd for Order on N/M No. 2205/18 to 08.11.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. S. R. Dubey for plff present.
Adv. Shekhawat for deft present.
Order on Exh.5 -
Heard rival submissions. The application is taken out by plaintiff that without giving hearing this court kept the matter for order on N/M. The advocate for deft objected on that aspect. However the roznama dt.05.11.2019 clearly shows that rival submissions were heard on the notice of motion itself on that day. Thus contentions of plaintiff to that effect in Exh.5 are apparently incorrect. However the plaintiff is permitted to file say on Exh.4 i.e Commissioner Report in the interest of justice. Need to say the advocate for defendant will be at liberty to file reply to the notice of motion in detail. Hence application Exh.5 stands allowed only in respect of change of caption irrespective of contention therein.
Adjd for Say on Commissioner Report and Reply to N/M to 21.11.2019.
Earlier Order, if any, to continue till the next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. Sandeep Singh for plff present
Adv. Shekhawat for deft present.
Advocate for deft filed reply to N/M No. 2205/18. TOR.
Copy served to other side.
Advocate for plff filed say on Commissioner Report Exh.4.
Adjd for hearing on N/M No. 2205/18 to 05.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Tiwari for plff present.
Adv. Shekhawat for deft present.
Adv for plff filed rejoinder in N/M No.2205/18. TOR.
Copy served to other side.
Adv. Singh for applicant present
VP filed advocate for applicant. TOR.
Advocate for applicant tendered draft Chamber Summons for addition of party alongwith affidavit in support and prayed for leave. Leave as prayed is granted.
Copy be served to other side.
Adjd for N/M hearing and Ch/s reply to 17.12.2019.
Earlier Order, if any, to continue till the next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Adv. Sandeep Singh for plaintiff present.
Adv. Shekhawat  for defendant present.
Adv. Mukesh Tiwari  for applicant present.
On oral request of Ld. Adv. for plaintiff adjournment granted as last chance.
The applicant is directed to serve copy of C/S to the defendant on or before 15-02-2020.
The applicant is directed to tendered original registered C/S No. 2262/19 ON or before next date.
Earlier order, if any, to continue till next date.
Adjd to 27-02-2020 for  NM No.  2205/18 and C/S No. 2262/19 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Jiten Tiwari for plaintiff present.
Adv. Shekhawat  for defendant present.
KB LO
Adv.  S. S. Singh for applicant present and and tendered original registered C/S No. 2262/19 along with affidavit in support.
Adv. Raju Pankar  for plaintiff present and reply to C/S. Copy served to other side.
LO
Heard both sides on NM No. 2205/18
Copy of C/S not served to the defendant till today.
Earlier order, if any, to continue till next date.
Adjd to 29-02-2020  for NM No. 2205/18 order .
Next Purpose: NM  ORDERS
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Mr. Jitendra Tiwari for plaintiff present.
None for defendant
Order on Notice of Motion No. 2205/18 -
                                               ORDER
           By instant Notice of Motion the plaintiff/Society has prayed for temporary injunction restraining the defendant/Society from demolishing the compound wall situated on plaintiff\''s plot. It is not in dispute that C.T.S. no.462 belongs to the defendant/Society. Even though, the plaintiff is claiming that the compound wall is in plaintiff\''s wall, the Court Commissioner has filed map prepared on 17.12.2018 showing that the compound wall is in the defendant\''s C.T.S. no.462 and the disputed land beyond the compound wall adjoining to plaintiff\''s plot is part of C.T.S. no.462. The same position was shown when the survey was carried out on 08.09.2017. There is no document of the plaintiff in support of its claim that the compound wall is located in plaintiff\''s plot. Mere averments in that regard are not sufficient to establish prima facie case.
        According to Ld. Advocate for the plaintiff, the disputed area beyond the compound wall adjoining to plaintiff\''s wall is in possession of plaintiff\''s Society members since long and therefore, the plaintiff has become owner of the said land by adverse possession. He has also cited case laws in support of his argument that a person in settled possession of an immovable property cannot be dispossed without following due process of law. In this regard, it is to be noted that there is no pleading in support of claim of ownership by adverse possession. Moreover, case of the plaintiff in its plaint is that the compound wall is located in its plot and the defendant has no concern therewith. Therefore, the case laws filed by the plaintiff are not applicable to the facts of this case in as much as the claim of the plaintiff is without any documentary evidence. For the reasons given above, I do not find that the plaintiff has established prima facie case, balance of convenience and irreparable loss in its favour. Therefore, Notice of Motion No.2205 of 2018 is dismissed.
Ld. Advocate for the plaintiff orally request to continue earlier order dated 28.03.2018 for 4 weeks so that he can prefer appeal against the order. As the order has continued for last 2 years, the same is continued for a period of 4 weeks from today.
Matter is adjd to 23.04.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present.
Matter stands Adj for CS Service to 01/03/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: None for plff.
Adv Shekhawat for deft present.
It appears that on 05/12/2019 applicant / third party has taken out CS 2262/2019 for adding him as deft.  Leave to register was granted to the applicant on 05/12/2021.  Since then applicant is not appearing before the Court.  CS is pending since more than 01 year.  It appears that applicant is not interested in prosecuting his CS.  Since this is the first date afther regular functioning of the Court, last chance is granted to the applicant for service of CS on the parties in default for dismissal.
Matter stands Adj for CS Service, in default dismissal to 08/04/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv Shekhawat for deft present.
Matter stands Adj for CS Service to 10/06/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 23-07-2021

Date: 10-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-09-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plff.
Adv Shekhawat for deft present.
Matter stands Adj to 14/10/2021 for CS Dismissal for want of prosecution.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Plaintiff advocate absent.
Adv. Shekhawat for defendant present.
As Court is buzy in administrative work.
Adjd to 15.11.2021.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for plff.
Adv Shekhawat for deft present.
Applicant / third party taken out CS 2262/2019 for adding him as deft.  Leave to register was granted on 05/12/2019.  Since then applicant in CS is appearing before the Court and he failed to serve CS on the parties.  Hence CS is fixed for dismissal in default since 08/04/2021.  Today also applicant in CS is absent.  Hence CS 2262/2019 is dismissed in default for want of prosecution.
Matter stands Adj for Draft Issues to 05/02/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Both parties and their Adv absent.
Matter stands Adj for Draft Issues to 19/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Both parties and their advocate absent.
Draft issues are not filed.
Adjd for draft issues as a last chance on 29.9.22.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None for plaintiff present.
Adv. Ranveer Shekhavat for defendant present.
The defendant did not file WS within time. Hence suit to proceed without WS of defendant.
Parties are directed to give CTS number of suit property.
Matter is adjd for recording evidence to 23/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None  for plaintiff present.
Adv. Shekhavat for defendant present.
Matter is adjd for R/E to 03/12/2022 for R/E as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: None  for plaintiff present.
Adv.  Shekhawat for defendant present.
Sufficient time is granted to lead evidence. Today also plaintiff and his advocate absent when called repeatedly. It is seen that plaintiff is not interested to proceed with the matter. Time granted as last chance on failure further order will be passed on next date.
Parties are directed to give CTS number of suit property.
Matter is adjd for R/E to 17/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: None for plaintiff present.
Adv. Shekhavat for defendant present. KB.
L. O.
On last date time was granted to plaintiff on Court Motion to lead oral evidence as last chance. Today also plaintiff and his advocate are absent when called repeatedly. It is seen that plaintiff is absent since long and not interested to proceed with the matter, hence suit stands dismissed for default with  no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-12-2022

CHAMBER SUMMONS/102262/2019
NOTICE OF MOTION/100147/2023

Registration Number: 101419/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 104562/2018
Filing Date: 27-03-2018
First Hearing Date: 15th June 2018
Decision Date: 17th December 2022
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE