Date: 20-10-2020
Business: Adv Mr. S.M. Khaire for Plaintiff present.
Adv Suryawanshi for MCGM/defendant present.
Adv of plaintiff submitted registered NM No.1478/20. t.o.r.
Adv of plaintiff submitted by hand delivery report dtd 17/10/2020 whereby notice is served on defendant Nos. 1 & 2.
On said paper according to plaintiff there is signature of defendant No.3 dtd. 18/10/2020 but defendant No.3 is absent. According to Adv of plaintiff he is seeking relief against defendant No.3 mainly.
Today service affidavit is not given. As requested matter be kept on 23.10.2020 at 11 a.m. for service of affidavit and hearing on NM.
Matter adjourned for service affidavit and hearing on NM to 23.10.2020 at 11 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Adv Mr. Khaire for plaintiff present.
Adv Mr. Yogesh Palvi for deft No.3 present.
Adv Nandanvar for MCGM/defendant present.
Exh.2- Plaintiff\''s adv filed affidavit of service. t.o.r.
Exh.3- V/N filed on behalf of defendant No.3. t.o.r.
Heard parties partly.
During arguments it is revealed that alongwith the plaint copy of earlier suit bearing No.1702/13 was filed and dismissed but copy of that plaint and roznama is not annexed herewith.
Plaintiff is ready to produce copy of plaint on Monday.
Perusal of record it shows that previously NM No.1601/13 was dismissed on 26/9/13. Perusal of record it shows that multiple issues are involved in the NM and suit. Therefore, in the interest of justice I proceed to pass following order-
ORDER
1) U/s. 165 of Evidence Act and Section 151 of CPC plaintiff is directed to submit above said copy of plaint and roznama of earlier suit for perusal of the court.
2) Defendants to submit reply if any.
Matter adjourned for compliance as above to 28/10/2020 at 11 a.m.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv Mr. Khaire for plaintiff present.
Adv Mr. Suryawanshi for MCGM/defendant present.
Adv Mr. Yogesh Palvi for defendant No.3 present.
Heard arguments of adv of plaintiff on the point of ad interim relief.
Adv of defendant No. 1 and 2 on behalf of corporation sought time for taking instructions and filing reply.
Adv of defendant No.3 submitted that his client is sick and he sought further time for instructions and reply on NM.
Adv of plaintiff insisted for interim relief so that defendant No.3 should not sell out or create 3rd party interest in any manner in the suit property which is owned by the corporation.
Perusal of record it shows that plaintiff is 79 years old mother of defendant No.3 and there are certain issues regarding tenancy rights.
Record shows that deceased Dashrath was the brother of plaintiff. Admittedly as per law tenancy rights cannot be transferred or sold out to 3rd parties. Plaintiff is not having any prayers in NM regarding possession of suit property. Therefore considering peculiar facts and circumstances of the present litigation I proceed to pass following order in the interest of justice-
ORDER
1) Defendant No.3 is hereby restrained from selling out or creating any 3rd party interest in any manner over the suit property till disposal of NM on merits.
2) Defendants to submit reply on NM as early as possible.
3) Parties are at liberty to apply u/s. 89 of the C.P.C. for mediation etc.
Matter adjourned for reply and arguments on NM to 04/12/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Adv Yogesh Palghe present for defendant no.3.
Adv of defendant no.3 filed affidavit of reply.
Copy served to defendant no.1 and 2.
Matter adjourned for NM reply to 06.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv Khaire present for plaintiff.
Adv Nandanwar(h/f) present for MCGM/defendant.
Defendant no.3 absent.
Adv of plaintiff sought adjournment.
Matter adjourned for NM reply to 10.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: None present for plaintiff.
Adv Soraan present for MCGM/defendant.
Plaint at Exh.1.
VP at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4.
Adv of defendant filed affidavit in reply/WS at Exh.5.
Matter adjourned for NM hearing to 12.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Khaire present for plaintiff.
Adv Yogesh Palve present for defendant.
Adv.Soraan present for MCGM/defendant and served affidavit in reply. Copy served to other side.
Adv of plaintiff wants to file rejoinder.
Matter adjourned for rejoinder to 09.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: In the view of covid-19 pandemic, board is discharged, hence matter is adjd for.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. t
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Khaire present for plaintiff and he tendered affidavit in rejoinder @ affidavit in support of Notice of Motion. no. 1478/2020. t.o.r.
Adv. Amol Diwate present for MCGM/defendant no. 01 and 02.
Adv. Palve present for defendant no. 03.
Matter adjourned for hearing to. 06/10/21.
Next Purpose: HEARING
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
kb.
L.o. at 02.50 pm.
Adv. Khaire present for plaintiff.
Adv. Ravi Irle H/f adv. Yogesh Palve for d-02 present and sought adjournment on the health ground of adv. Palve.
Matter adjourned for hearing to. 18/10/21.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
Next Purpose: HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Khaire present for plaintiff
Adv. Soran @ Adv. Divate for def 1 and 2 MCGM/defendant.
Adv. Ravi present for Def. no. 3 and sought adjournment.
kb
Matter adjourned for NM argument as a last chance on 10-12-2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: None Present For Plaintiff.
Adv. Soraan present for MCGM/defendant 01 and 02.
adv. Ravi Irle for deff no. 03.
As plaintiff and his adv. absent, though matter is kept for nm arg. today as a last chance, Matter adjourned for nm hrg/dismissal order to. 02/02/22.
l.o. at 03.00 pm.
Adv. Khaire for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: As presiding officer is on leave. Hence, Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: None for Plaintiff.
Adv. Soraan and Adv. Diwate present for BMC/Defendant.
Matter is adjd for on 06/05/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: The court is busy in hearing urgent matters i.e Stamp No. 5110 of 2022 and High Court Time Bound matter i.e. Suit No.419 of 2022 and order dictate in Suit No .130 of 2022, Suit No.131 of 2022 and 1019 of 2022 hence, for want of time following board discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
KB. L.O.
Adv. for Plaintiff present.
Matter is adjd for dismissal on 29-08-2022
Next Purpose: DISMISSAL
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: P.O. is on leave, hence matter is adjd.
Next Purpose: DISMISSAL
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv Khaire for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM No. 1 and 2 present.
Adv Yogesh Palve for deft no. 3 present.
Heard arguments of adv for Plaintiff as well as adv for deft no.3 and adv for deft/MCGM no.1 and 2.
Plaintiff\''s adv tendered original writ of summons. TOR. Exh.6.
Matter is adjd for order on 19-11-2022
Next Purpose: ORDER
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv Amit Gade for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter is adjd for order on 03-02-2023
Next Purpose: ORDER
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv Khaire for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter is adjd for order on 10-02-2023
Next Purpose: ORDER
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Adv Khaire for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
FRSR the following order is passed on Notice of Motion No. 1478 of 2020
ORDER
1. Notice of Motion No.1478 of 2020 is made absolute in terms of its prayer clause(a).
2. By way of temporary injunction, pending the hearing and final disposal of the suit, defendant No.3 and anyone claiming through him are restrained from selling, disposing off, transferring, alienating or creating any type of third party interest of whatever nature in respect of suit premises i.e. Room No.30, admeasuring 300 sq. ft. built-up situated on the 4th Floor, Bane, Compound, “H” Block, Tardeo, Mumbai.
3. Notice of Motion is disposed off.
Authenticated copy of today\''s roznama be given to the parties if requested.
Nature Of Disposal: OTHER
Disposal Date: 10-02-2023