Balajirao Narayan Swamy AdepuVsAlfa Jeans Tailors +1 more

Date: 12-06-2019
Business: Adv. Nagvadaria for plaintiff present and filed registered NM No. 1759/19.
Adv. Manoj Kondekar for defendant present.
The Ld. counsel for the deft. seeks time to file written statement and reply to NM.
Adjourned for NM reply to 25.7.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Adv. Nagvadaria for plaintiff present.
Adv. Kondekar for defendant present.
Vakalatnama filed on behalf of defendant.  O-Seen and filed.
Written statement filed on behalf of defendant.  O-R and R.
Reply to NM filed by defendant.  O-R and R.
Advocate for plaintiff submitted that he has received the copy of reply filed by the defendant and he wish to file rejoinder to the reply.
Adjourned for filing rejoinder to NM to 3.10.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Adv. Nagvadaria for plaintiff present.
Adv. Kiran Mohite for defendant present.
The Ld. Counsel for the plaintiff seeks time to file rejoinder.
Adjourned for rejoinder to NM to 28.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Advocate Anamila Tiwari I/b Suhaleh Nagradaniya for plaintiff present.
Advocate Manoj Kundekar for defendant present.
Plaintiff tendered rejoinder to the reply of defendant to NM.
Adjd for 20/01/2020 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Ganesh Lambate h/f. Adv. Nagvadaria for plaintiff present.
Adv. Mr. Manoj Kondekar for deft. present.
The Ld. Counsel for plaintiff seeks adjournment for hearing on N/M.  Granted.
The matter is adjd for N/M hearing to 09.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Nishant Rathod for plaintiff present.
Adv. Manoj K. for deft. present.
Ld. counsel for plaintiff submitted that the counsel is unable to attend the court due to some personal difficulty.  Granted as last chance.
The matter is adjd for N/M hearing to 23.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020

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

Date: 14-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: Both the parties and advs. absent.  Due to COVID-19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present.
The matter is adjd for N/M Hearing  to .03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Srushti Thorat h/f. Adv. Nagvadaria for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time for hearing on N/M.  Granted.
The matter is adjd for N/M hearing to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to COVID-19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: P.O.is on leave.  Matter adjourned on 07.10.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Nagvadaria for plaintiff is present.
None for defendant.
Last chance is granted to defendant for hearing on NM.
Matter adjd for NM hearing on 16.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: In view of Office Order No. 275/21,  P.O. is attending  40hrs Mediation Training Programme, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: None for pltff.
Adv. Manoj Kondekar for deft present.
Adjourned by way of last chance for NM Hearing.
Matter is adjd to 20/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. R. Bansal for plaintiff is present.
Adv. Mohite h/f Adv. Manoj Kondekar for defendant is present.
With consent of both the parties matter adjourned for NM hearing.
Matter adjd to 20.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Nagvadaria for plaintiff is present.
None present for defendant.
On oral request of Adv.for plaintiff matter adjd for NM hearing.
Matter adjd to 21.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Anamika Tiwari h/f Adv. Nagavadariya for plaintiff is present.
Adv. Kiran Mohite for defendant is present.
On oral request of Adv.for plaintiff matter adjourned for NM hearing as a last chance.
Earlier order, if any, continue till next date.
Matter adjd to 01.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Nagvadaria for plaintiff is present.
Adv.  Manoj Kondekar for defendant is present.
KB LO at 4.15 p.m.
Same appearance.
Heard both the sides.
Matter adjd to 17.12.2022 for order on NM No.1759/19.
Next Purpose: ORDER
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv.Nagvadariya for plaintiff is present.
None present for defendant.
F.R.S.R. following order is passed in NM No. 1759/19.
                                         ORDER
Notice of Motion No.1759/2019 stands allowed and made absolute in terms of prayer clause (a), (b) and (c).
Notice of Motion stands disposed off.
Matter adjd to 23.02.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: None present for plaintiff and defendant.
Matter adjd to 08.08.2023 for draft issues.
LO at 11.55 a.m.
Adv. Anamika Tiwari for plaintiff is present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: None present from plaintiff.
None present from defendant.
Matter adjd to 13.10.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: None for plaintiff and defendant present.
Last chance granted.
Matter adjd to 08.12.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: None present for plaintiff and defendant.
Issues are framed at Exh. 10.
Matter adjd to 23.02.2024 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: P.O. is on Training.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: Adv. Sualeh Nagvadaria for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 23.08.2024 for evidence of plaintiff on the request of Adv. for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. Sualeh Nagvadaria for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 07.11.2024 for evidence of plaintiff on the request of Adv. for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Adv. Sualeh Nagvadaria for plaintiff is present and filed evidence affidavit Exh.11. TOR. Copy be served on other side.
None present for defendant.
PW-1 Balajirao Narayan Swamy Adepu is present and admits the contents of evidence affidavit on S. A. hence read and recorded.
Matter adjd to 10.02.2025 for service on the request of Adv. for plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: P. O is on leave.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: Adv. Anamika Tiwari for plaintiff is present and filed compilation of document Exh.12. TOR. Copy served on other side.
Adv. Dipika Mule i/b Manoj Kondekar for defendant is present and filed reply to document. TOR and marked as Exh.12A.
Both requested for longer date.
Matter adjd to 23.07.2025 for marking documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: Adv. S. Nagvadaria for plaintiff is present.
Adv. Ruta Koli a/w Adv. Komal Verma i/b Adv. Manoj Kondekar for defendant is present and seek time. O- Time granted.
Matter adjd to 09.10.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Adv. Anamika Tiwari i/b Suhaleh Nagvadaria for plaintiff is present.
Adv. Manoj Kondekar for defendant is present.
Heard advocates for the parties on the point of marking documents.
Document at serial no.1 and 16 are the photographs. Plaintiff to take steps to prove photographs in accordance with law. Document at serial no.2 to 7 is correspondence alleged to have been received by father of plaintiff.
The document at serial no.2 to 7 are admitted in evidence. The relevancy of document will be considered at the time of decision of suit.
Document at serial no.8 is the notebook maintained by father of plaintiff. Ld. Adv. for defendant has objected to admit notebook in evidence. It is seen that some entries are made regarding payment of rent amount. The contents of notebook are not prove from the evidence of PW-1.
The document at serial no.9 is copy of complaint made by brother of plaintiff. The contents are not prove from the evidence of PW-1.
The document at serial no.10 is the notice issued u/s 351 of MMC Act. Notice is issued by the competent authority, hence admitted in evidence.
The document at serial no.11 is the plaintiff's advocate letter. Contents are proved from the from the evidence of PW-1, hence admitted in evidence.
Document at serial no.12, 13 and 17 are orders passed by Assistant Municipal Commissioner and decree passed in suit no.5073/2001, hence admitted in evidence.
Document at serial no.14 and 15 is the gift deed and declaration. PW-1 is party to the said documents. Contents are proved from the evidence of PW-1, hence admitted in evidence.
Document at serial no.18 is the correspondence made with plaintiff. Contents are proved from the evidence of PW-1, hence admitted in evidence.
In the circumstances document at serial no.2 to 7, 10 to 15, 17 and 18 are admitted in evidence and marked as Exh.13 to 26.
Matter adjd to 08.01.2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Adv. S. Nagvadaria for plaintiff is present.
Adv. Deepika Mule a/w Adv. Manoj Kondekar for defendants is present.
PW-1 Balajirao Narayan Swamy Adepu present in the court.
Cross examination of PW-1 is commenced and partly concluded.
Matter adjourned to 21.01.2026 for further cross examination of PW-1 (P.H).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Adv. Jinal Mehta i/b Adv. Sualeh Nagvadaria for plaintiff is present and filed adjournment application Exh.27. It is taken on record.
Adv. Deepika Mule i/b Manoj Kondekar for defendants is present.
Matter adjourned to 22.04.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: Adv. S. Nagvadaria for plaintiff is present.
Plaintiff in person present.
Adv. Deepika Mule i/b Adv. Manoj Kondekar for defendant is present and seeks adjournment to cross examine the plaintiff witness.
Matter adjourned to 28.07.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: Adv. S. Nagvadaria for plaintiff is present.
None present for defendant.
PW-1 absent.
Matter adjourned to 23.09.2026 for further cross examination of PW-1.
Later on at 11.25 a.m
Adv. Manoj M. Kondekar for defendant present.
Matter adjourned to 23.09.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2026

NOTICE OF MOTION/101759/2019

Filing Number: 104742/2019
Filing Date: 18-04-2019
First Hearing Date: 12th June 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE