Date: 07-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DIRECTIONS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Nobody present.
Adjd for directions to 29/09/2021
Next Purpose: DIRECTIONS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None for both parties.
Adjd for directions to 13/12/2021
Next Purpose: DIRECTIONS
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: BY PRECEIPE O- Allowed
Adv. Mr. Jagdish Hegde for plaintiff present.
Adv. For plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adv. For plaintiff filed registered NM no. 1853/20. t.o.r.
S. G. Pujari, Bailiff not affirmed the report of witness summons filed by adv. For plaintiff.
Already adjd to 16/02/2022
Next Purpose: DIRECTIONS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. J. S. Hegde for plaintiff present and stated that one of plaintiff expired.
None for defendant present.
Adv. For plaintiff tendered registered Chamber summons No. 53/22 along with affidavit in support. T.O.R.
Adv. For plaintiff tendered copy of authority of Honble Apex Court reported in MA 21 of 2022 in MA 665 of 21 in Suo Motu Writ petition (c) No. 03 of 2020. T.O.R.
Due to paucity of time order could not be passed.
Adjd for Chamber summons order to 05/03/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: At 3.16 pm
None present when called.
Kb L. o at 4.02 pm
None present when again called.
Plaintiff to serve the copy of chamber summons to defendant.
Adjd for compliance to 13/04/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Dt.13/04/2022
Suit 1308/20
Cs 53/22
NM 1853/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. For plaintiff present and filed affidavit of service of chamber summons. TOR.
Adjd for chs reply/chs hearing to 07/07/2022
Next Purpose: C/S REPLY
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Jagdish Hegde for plaintiff present
None for defendant
Heard Adv. Jagdish Hegde for plaintiff in C/S No. 53/22.
On perusal of record, it appears that plaintiff no. 4 Swati expired on 29-03-2021 as per death certificate annexed with affidavit in support. Considering nature of suit it is necessary to bring Lrs of deceased plaintiff no. 4 on record. Hence, C/S No. 53/22 is made absolute in prayer clause (a). The plaintiffs are directed to carry out amendment in the plaint within 15 dats from the date of order. The proceedings of C/S No. 53/22 is closed.
Matter is adjd.to 10-08-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: BY Praecipe O- Allowed
Adv. B. S. Patil for plaintiff present and submitted that time may be extended for carrying out amendment as per order in Chs No. 53/2022 O- Allowed as prayed.
Time is extended for carrying out amendment as per order in Chs No. 53/2022 till next date
Matter already adjd to 23/09/2022 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Exh.01 Plaint
Exh.02 Vakalatnama
Exh.03 Memorandum of address
Exh.04 List of documents.
Adv. Jagdish Hegde for plaintiffs present and filed vakalatnama for newly added plaintiffs no. 4a to 4c t.o.r. marked as Exh.5
None for defendant
Defendant has been duly served with writ of summons as per bailiff report dtd 03-04-2021 on writ of summons , but he failed to appear. Hence, suit to proceed ex-parte against defendant.
NM will be decided on merit along with the suit.
Earlier order if any, to continue till disposal of suit.
Matter is adjd.to 22-11-2022 for ex parte evidence
11.00am
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Jagdish Hegde for plaintiff present and prayed for adjournment - allowed
None for defendant
Matter is adjd.to 06-12-2022 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 21-01-2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv. Jagdish Hegde a/w plaintiff no. 2 present and filed evidence affidavit of PW - 1 Bhassker t.o.r. marked as Exh.6
He also filed list of documents t.o.r. marked as Exh.7
None for defendant
Document filed with list Exh. 7 are marked as Exh. 8, 9, 10 and 11
Matter is adjd.to 07-02-2023 for evidence of PW - 1 Bhassker on Exh. 6
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Mr Jagdish Hegade @ plaintiff no 02 present.
None for defendant.
After administering oath to PW01 Bhassker, the defendant is called out, but nobody turned up for the defendant till 11.15am. Hence no cross examination-Order is passed against the defendant in roznama.
RE-Examination. -Nil.
Adv Mr. Jagdish Hegade filed evidence closing pursis t.o.r. marked as Exh-12.
Matter is adjd.to 27.02-2023 for Final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Jagdish Hegde for plaintiff present.
None for defendant
Heard Adv. Jagdish Hegde for plaintiff.
Matter is adjd.to 09-03-2023 for ex parte judgment
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv.Jagdish Hegde for plaintiff present.
None for defendants.
Matter is adjd.to 13-03-2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Jagdish Hegde for plaintiff present.
None for defendant.
As court is busy in dictating order in NM No. 2449/2022 and NM No. 3744/2022 in Suit No. 1423/2022.
Matter is adjd.to 21-03-2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: None for plaintiffs.
None for defendant .
Exh. 13 - Ex-parte Judgment.
F. R. S. R. following order is passed-
ORDER
1. S. C. Suit No. 1308/2020 is partly decreed.
2. The defendant, her agents, servants and any person acting on her behalf are permanently restrained from transferring or selling or letting out by leave and license or creating third party right in any manner whatsoever in respect of the suit premises being Flat No. 502 on fifth floor, in the said building now named as Tiranga Society, situated at 176/178, Maruti Lane, Off. Bora Bazar Street, Fort, Mumbai GPO, Mumbai - 400001 or possession or
membership or any benefit accrued thereof.
3. Parties shall bear their own costs.
4. Decree be drawn up accordingly.
5. Notice of Motion No. 1853/2020 is made absolute in above terms.
6. Proceeding of N/m No. 1853/2020 is closed.
Nature Of Disposal: OTHER
Disposal Date: 21-03-2023
