Date: 17-04-2018
Business: Adv. Ms. Chhaya Pandya for plaintiff present and seeks time to file reply
Adv Amit for respondent no 4. present.
Adv. Chindarkar for applicant present and tendered original notice of motion no.1314/2018 alongwith affidavit.
Adv. for defendant present.
Earlier order to continue till next date.
Matter adj. for NM Reply to 02.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Business: Adjourned to 03.09.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2018
Date: 03-09-2018
Business: Adv. Sakhalkar for plaintiff present.
Adv. Ms. Megha Raorane for applicant present.
Ld. Counsel for original plaintiff submits that the matter is likely to be settled. Hence she seeks time for settlement.
Matter adj. for Settlement to 06.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-10-2018
Date: 06-10-2018
Business: Matter adj. for Settlement to 05.12.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: Adv. Sakhalkar for defendant present and filed reply in NM No. 1314/2018. Copy served to other side.
Adv. Ms. Adhikari for applicant present.
Matter adj. for NM Hearing to 07.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Adv. Sakhalkar for plaintiff present.
Adv. Ms. Gouravi Adhikari for applicant present and filed rejoinder in NM no.1314/2018. Copy served to other side.
Matter adj. for NM Hearing to 27.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Sakhalkar for plaintiff present.
Adv. Tamhane for defendant no. 3 and 4 present and filed VP.
Vakalatnama filed on behalf of defendant no. 3 and 4.
Ld. counsel for defendant no. 3 and 4 submitted that there is urgency in the matter. Hence, date may be preponed to 26.08.2019.
In view of the above, Matter is preponed to 26.08.19 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: As court is busy in dictating judgement in NDPS SPL 181/14 and order in suit no. 3833/10 and 2774/14. Hence, board is discharged.
Matter stands Adj 19/09/2019 for Motion hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. Sakhalkar for plaintiff present.
Adv. Tamhane for defendant no. 3 and 4 present.
By consent of both counsels, Matter stands Adj for NM hearing to 30.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Sakhalkar for plaintiff absent.
Adv. Tambe h/f Adv. Tungare for defendant no. 2 present.
Adv. Tamhane I/b Tamhane and Co. for defendant no. 3 and 4.
Heard Ld. counsel for defendants. It is submitted that plaintiff has obtained an exparte decree in suit no. 9750/77 and the present motion is taken out for setting aside the same. Defendants have a good case on merits. Plaintiff is trying to get the exparte decree executed. Hence, there is urgency in the matter.
Ld. counsel for defendants placed reliance upon the decision of Hon\''ble Apex Court in the case of Pralhad Pradhan and ors. Vs Sonu Kumhar and Ors. in CA no. 5919 of 2011 decided on 16.10.19 (paragraph no. 5) that entry is in revenue record do not confer title. I find that as per the record, this court had granted interim protection on 08.03.2018 and that was continued till 06.10.18.
Under the above circumstances, I am of the opinion that unless the interim protection is continued, the very purpose of present motion will not be served. Hence, interim protection is continued and warrant of possession is stayed till next date.
Ld. counsel for plaintiff is absent today. Therefore, Ld. counsel for defendants to communicate this order to the other side for information and compliance.
Sheristedar to provide authenticated copy of today\''s roznama to the Ld. counsel for defendants.
Matter stands Adj for hearing on NM no. 1314/18 to 07.11.19
Later On
Adv. Sakhalkar for plaintiff present.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Sakhalkar for plaintiff present and sought time for hearing. Time granted.
Adv. Shaikh for defendant no. 2 present.
Adv. Tamhane for defendant no. 3 and 4 present.
Heard both sides.
Earlier interim protection granted on 17.10.19 is continued and warrant of possession is stayed till next date.
Matter stands Adj for NM hearing to 18.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Court is busy in dictating order in Suit no. 2925/15 and 2422/17. Hence, board discharged.
Earlier interim protection granted on 17.10.19 is continued and warrant of possession is stayed till next date.
Matter stands Adj for hearing on NM to 31.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv. Sakhalkar for plaintiff present.
Adv. Tambe for defendant no. 1 present.
Adv. Tamhane for defendant no. 3 and 4 present.
Heard Ld. counsel for both sides on NM no. 1314/18.
Matter stands Adj for Order on Nm no. 1314/18 to 13.02.2020.
Next Purpose: ORDER
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Sakhalkar for plaintiff present.
Adv. Savita Savarkar h/f Tamhane for defendant no. 3 and 4 present.
Earlier order dated 17.10.19, to continue till next date.
Court is busy in dictating order in suit no. 2063/17 and 2064/17.
Matter stands Adj for Order on NM no. 1314/18 to 21.02.2020.
Next Purpose: ORDER
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Sakhalkar for plaintiff present.
Adv. Tamhane for defendant no. 3 and 4 present.
FRSR following order is passed below
ORDER
1. Notice of Motion no. 1314 of 2018 is hereby allowed and made absolute subject to applicants paying costs of Rs. 5,000/- to the plaintiffs (collectively)/depositing in the court within a period of four weeks from today.
2. If the above directions are complied with by the applicants within time, the ex-parte decree passed in suit no. 9750/77 (High Court S.C. suit no. 246/77) dated 08.10.2014 shall stands set aside and the suit shall be restored for trial and disposal according to law.
3. After the suit is restored notice shall be issued to the parties for appearing before the court.
NM is disposed of accordingly.
Matter stands Adj for compliance to 20.03.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 21-02-2020