Vishal Shiri and Ors. - Suit St. No. 3781/2020VsSydney Kairanna and Ors.

Date: 28-10-2020
Business: Adv. Giriraj h/f. Adv. Pradeep Gandhy for plaintiff present.
Adv. Suresh Chandrashekhar for defts. present.
Contempt N/M no.1453/20 tendered by Ld. Counsel for plaintiff.  T.O.R.
Compilation of documents filed by Ld. Counsel for defts. T.O.R.
Heard Counsel for plaintiff and defts. on N/M of the plaintiff.
The matter is adjd for further arguments to 04.11.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Adv. Giriraj h/f. Adv. Pradeep Gandhy for plaintiff present.
Adv. Suresh Chandrashekhar for defts. present.
Heard arguments of both the sides. Plaintiff to get the draft N/M registered.
The matter is adjd for order on draft N/M to 12.11.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Adv. Chawda for plaintiff present.
Adv. Lishufen for deft. present.
F.R.S.R. following order is passed in draft N/M -
ORDER
(1)    Draft N/M is partly allowed.
(2)    The defendants or their agents or any person acting on their behalf are prevented from dispossessing the plaintiff no.3 from parsonage situated on plot no.74/A, C.S.No.28/1840, Byculla (E) ward, Mumbai without following the due process of law and also restrained from preventing the plaintiff no.3 for his free ingress and egress to the parsonage.
(3)    Costs in the cause.
(4)   Plaintiff to get the draft N/M registered for statistical purposes.
The matter is adjd for N/M hearing to 16.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None for plaintiff.
Adv. Vyas for deft. present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Vakalatnama of deft. advocate Suresh Chandrashekhar filed on 04.09.2020.
Vakalatnama filed by Adv. Vyas for deft. on behalf of Pan India Legal Services LLP.
O. - Seen and filed.
Plaintiff to register the draft disposed of N/M.
The matter is adjd for filing written statement and compliance by plaintiff to 29.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Gandhy for plaintiff present.
Adv. Vyas for defts. present.
Ld. counsel for defts. seeks time to file written statement. The defendants appeared in the matter through their advocate on 28.05.2020.  Even after the registration of the suit, the defendants were present through their counsel and failed to file the written statement within the prescribed period.  Hence, suit to proceed without written statement of defendants.
Ld. Counsel for plaintiff submitted that the contempt N/M be decided along with the suit.
The matter is adjd for evidence to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Adv.for plaintiff present.
Adv. Anjali Kuteja for defendant present and filed registered NM No.708/21 and NM No. 709/21 and affidavit of service.
Matter adjd for NM reply and hearing on 01.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv.Giriraj for plaintiff is present.
Adv.Leona for defendant is present.
                 Order below NM No. 709/21
Perused the notice of motion which is supported by an affidavit. Also perused the reply. Heard Ld. Adv. Giriraj for plaintiff. I have also perused the order dtd. 29.01.2021, in my opinion genuine reasons mentioned in para no.2 of the affidavit in support of notice of motion for condoning the delay. Moreso the Ld. Adv.for the defendant has submitted that the written statement is ready and can be filed on record on next date. Thus for giving an opportunity to the defendant to contest the suit on merits and for the fair trial and proper adjudication of the case, in the interest of Justice I pass the following  order-
                                         ORDER
Notice of Motion No. 709/21 is allowed and made absolute interms of prayer clause (a) to (c) subject to the condition that the defendant shall file the written statement on record positively on next date by serving the copy in advance to the plaintiff. Notice of motion is disposed of accordingly.
                        Order below NM NO. 708/21
Perused the notice of motion. Heard both the sides. In the midst of the argument the Ld. Adv.for the defendant has not pressed the notice of motion by making endorsement on it. Therefore Notice of Motion No. 708/21 stands disposed of as withdrawn.
Matter adjd for WS on  17.12.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-12-2021

Date: 17-12-2021
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: NOTICE OF MOTION
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Yashvi Panchal for pltff present.
Adv Anjali Koteja for deft present.
NM No. 1453/20 is contempt motion and as submitted it is taken up for hearing along with the suit.
Adv for deft has filed an application.  TOR.  Marked as Exh. 7
Order below Exh. 7-
The ld adv for deft have submitted that they will send email to the defts regarding the present application.  Hence keep for directions.
Matter is adjd to 23/06/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. Chandekar for plaintiff is present.
None for defendant.
The matter is adjourned for directions.
Matter adjd to 24.08.2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. P.D. Gandhy for plaintiff is present.
None present for defendant.
The matter is adjourned for issues. The defendant is directed to supply copy of WS.
Matter adjd to 11.11.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: None present for defendant.
Adv. Maaz i/b Adv. P.D. Gandhy for plaintiff is present and filed an application for withdrawal of his  power/V/P t.o.r marked as Exh.8.
The application is supported by notice , postal receipt as well as close envelop. Considering the submissions, the Ld Adv.for plaintiff is allowed to withdraw the V/P. Application Exh.8 stands allowed.
At this juncture the Ld. Adv. J. J. Xavier for plaintiff make a statement that he is going to V/P for the plaintiff on next date.
Upon perusal of record it reveals that till date the defendant has not filed his WS. Hence the matter proceeded without WS of defendant.
Matter adjd to 16.01.2023 for evidence of the plaintiff at 11 o\''clock.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv.Shashikant Shankar for plaintiff is present.
None present for defendant.
On oral request of learned advocate for plaintiff, matter is adjourned for R/E.
Matter adjd to 18.03.23 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Adv. Shashipal Shankar for plaintiff is present.
None present for defendant.
On oral request, matter is adjourned for filing of evidence.
Matter adjd to 15.07.2023 at 11.00 a.m. for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: Adv. J. J. Xaviour for plaintiff is present and filed vakalatnama. TOR. Exh-9. O-seen.
None present for defendant.
Matter adjd to 20.09.2023 for recording evidence in morning session at 11.00 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Adv. J.J. Xaviour  for plaintiff is present
None for defendant.
On oral request of Ld. Advocate for plaintiff matter is adjourned for R/E.
Matter adjd to 17-01-2024 for R/E .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Adv. Mani Vishwakarma for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Ld. Adv. for plaintiff made statement that NM may be heard along with suit. Statement is recorded. Suit is posted for filing evidence.
Matter adjd to 21.03.2024 for filing evidence of plaintiff at 11.00 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: P.O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Adv. Shashipal Ghanekar a/w Adv. J. J. Xaevier for plaintiff is present and filed evidence affidavit Exh.10 along with compilation of documents Exh.11 taken on record. Copy be served on other side.
PW-1 Vishal Shiri is present. He admit the contents of affidavit on S.A hence read and record. Copy be served on other side.
None present for defendant.
Matter adjd to 29.06.2024 for service and admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: P.O. is on Leave, Matter adjd to 3.8.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Shashipal Ghanekar a/w Adv. J. Xavier for plaintiff is present.
None present for defendant.
PW-1 present.
Matter adjd to 21.09.2024 for marking documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Adv. Jernold Xavier a/w Adv. Shashipal Shankar and Adv. Karen Rhea Xavier, Adv. Sagar Chourasiya for plaintiff is present.
Plaintiff no.1 present.
None present for defendant.
Matter adjd to 16.11.2024 for admission denial at 11.00 a.m.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Adv. for plaintiff is present.
None present for defendant.
PW-1 present.
Plaintiff has filed document along list Exh.11. Document at serial no.1 is certified copy of resolution passed by plaintiff trust. Document at serial no.2 is the copy of incorporation of company. Document at serial no.3 is certified copy of incorporation of the trust. Document at serial no.4 is copy of lease deed. Document at serial no.5 is appointment letter issued by trust. Document at serial no.6 and 7 are the copies of constitution of plaintiff trust. Document at serial no.8 to 10 are certified copies of proceedings before Charity Commissioner. Document at serial no.11 and 12 is correspondence made between plaintiff and defendant trust. The defendant did not appeared to file reply. The contents of documents are proved from the oral evidence of plaintiff. Hence, taken on record and marked as Exh.12 to 23.
Matter adjd to 30.11.2024 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: P.O. is on mediation training hence matter adjd.  to 07/12/2024
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: P.O. is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: Adv. J. J. Xavier a/w Adv. Shashipal Shankar a/w Adv. Sagar Chourasiya for plaintiff is present.
PW-1 present.
None present for defendant.
Last chance granted to defendant to cross examine PW-1, on failure suit will proceed further without cross examination of PW-1 on next date.
Matter adjd to 15.02.2025 for cross examination of PW-1 at 11.00 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: Adv. Jarnold Xavier a/w Adv. Priyanka Sherkhane for plaintiff is present.
PW1 present.
None present for defendant
Sufficient time is granted to defendant cross examine PW1. Hence, suit to proceed further without cross examination of PW1.
The Adv. for plaintiff has filed evidence close pursis. Exh.24. TOR.
Matter adjd to 12.06.2025 for R/E of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-06-2025

Date: 12-06-2025
Business: Adv. Jernold Xavier a/w Adv. Sashipal Shankar for plaintiff is present.
None present for defendant. Hence, evidence of defendant is closed.
Matter adjd to 19.07.2025 for final argument and NM hearing at 11.00 a.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2025

Date: 19-07-2025
Business: Adv. Jernold Xavier a/w Adv. Gauri Jadav, Adv. Afreen Shaikh for plaintiff is present and seek time to argue the matter and file some documents.
None present for defendant.
Matter adjd to 20.09.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: Adv. Jernold Xavier a/w Adv. Gauri Jadhav a/w Adv. Raj Ambekar a/w Adv. Vedang Shirawale for plaintiff is present.
None for defendant.
Matter adjd to 04.10.2025 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: Adv. Jernold Xavier a/w Adv. Shashipal Shankar, Adv. Gauri Jadhav, Adv. Vedang Shirawale, Adv. Raj Ambekar for plaintiff present and not pressed notice of motion no.1453/2020 for hearing. Hence, disposed off with no order as to costs.
Plaintiff no.1 present.
None present for defendant.
Heard final argument of plaintiff.
Judgment at Exh.25
F.R.S.R following order is passed
ORDER
1.	Suit is decreed with cost.
2.	The defendants or their agents or any person acting on their behalf are prevented from dispossessing the plaintiff no.3 from parsonage situated on plot no.74/A, C.S.No.28/1840, Byculla(E) ward, Mumbai without following the due process of law and also restrained from preventing the plaintiff no.3 for his free ingress and egress to the parsonage.
3.	Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 04-10-2025

Filing Number: 104977/2020
Filing Date: 14-10-2020
First Hearing Date: 28th October 2020
Decision Date: 04th October 2025
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE