Date: 12-10-2020
Business: Adv. Bimal Bhabhda for the plff present and he filed registered original NM no. 1434/2020 alongwith affidavit in support. t.o.r.
Adv. Mr. Ganesh Murthy for deft-1 present and he filed vakalatnama. t.or. O- Filed. The service on the deft-1 is dispensed with.
Adv. Mr. Siddharth Chandrashekhar for deft-2/MHADA present.
Heard the Ld. Advocates for ad-interim relief asked in terms of prayer clause (c) of the N/M. The crux of the dispute is that according to the plaintiff/developer, the deft-1 entered into a development agreement with him pretending herself to be the sole owner/tenant of the premises and has received the amount towards alternative accommodation. Now, it is transpired that the deft-1 has two other sisters, who are also claiming their rights over the premises under re-development. The plaintiff on apprehension, now claims the ad-interim relief restraining the deft- 1 from representing herself to be the sole owner/tenant and selling/alienating/ encumbering or creating any third party interest in that capacity over the suit premises.
The Ld. advocate for the deft-1 has filed his vakalatnama today and he seeks further time to file detailed reply to the notice of motion. He submits that the deft-1 was the actual occupier of the suit premises, when it went for re-development and accordingly, the development agreement has been entered into with her. However, he submits that the deft-1 has no objection to grant ad-interim relief in terms of prayer clause (c) of the N/M till next date and let the NM be heard and decided on the next date.
By taking the said submissions on record, the ad-interim injunction in terms of prayer clause (c) of the NM is granted, which shall last till next date.
The deft-1 shall supply the copy of reply in advance to the plaintiff.
Authenticated copy of roznama be supplied.
By consent matter is adjd. to 22.10.2020 for filing reply and hearing on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Advocate Mr. Vimal Bhabhada for the plaintiff present. He has filed service affidavit. T.O.R.
Advocate Mr. Sunil Mogre for defendant No.1 a/w advocate Mr. Ganesh Murthy for defendant No.1 present. He has filed reply to the Notice of Motion No.1434/2020. T.O.R.
Advocate Mr. Chandrashekhar for the defendant No.2 present.
The learned advocate for the plaintiff submits that he has received the copy of the reply and the documents annexed with it in advance on 19.10.2020. On perusal the notice that the documents at pages Nos.43 to 53 are missing. He therefore, sent reply to the learned advocate for the defendant No.1 on 20.10.2020.
Today, he brought the said fact to the notice of the Court and same is also verified by the learned advocate for the defendant No.1. He submits that he will not refer the missing documents, but the learned advocate for the plaintiff submits that in absence of missing documents, it is not possible for him to file rejoinder affidavit.
In the circumstances, the defendant No.1 is directed to supply the missing pages Nos.43 to 53 of her reply. He submits that those will be supplied forthwith. The learned advocate for the plaintiff has received the same.
Earlier order is continued till next date.
Matter is adjd. to 28.10.2020 for N/M hearing, rejoinder affidavit with advance service of his copy on the defendant No.1.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv. Mr. Pradeep Gandhy a/w Ms. Laxmi Jessani and Mr. Kaustubh Patil i/b Bimal Bhabhada for the plff present and he filed rejoinder to N/M No.1434/2020. t.o.r.
Adv. Mr. Sunil Mogare alongwith Ganesh Murthy for deft no. 1 present.
Adv. Mr. Chandrashekhar for deft- 2/MHADA present.
Heard arguments of both sides.
Matter is adjd. to 7.11.2020 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Advocate Mr. Babhada for the plaintiff present.
Advocate Mr. Ganesh Murthy for the defendant No.1 present.
Advocate Mr. Chandrashekhar for the defendant No.2/MHADA present.
For shortage of time, order is not delivered.
The advocate for the defendant No.1 has produced alongwith list, a copy of Indemnity Bond. Copy is supplied to the other side.
Earlier order be continued till next date.
Matter is adjd. to 10.11.2020 for reply on document and order on N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Mr.Vimal Bhabhda for plaintiff present.
Adv. Mr. Ganesh Murthy for defendant no.1.
Adv. Mr. Chandrashekhar for defendant no.2 / MHADA.
Heard submissions of advocate for plaintiff on documents filed by him.
F. R. S. R. the following order is passed.
ORDER
1. The Notice of Motion No. 1434/2020 is dismissed.
2. The written and oral submission of the defendant No. 1 that she will not transfer the suit premises nor will she create any third party interest therein, pending the hearing and disposal of the suit, is treated as her undertaking and the same is taken on record.
3. The Notice of Motion No. 1434 of 2020 stands disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 10-11-2020
