Date: 23-04-2019
Business: Adv for applicant present and has filed stay application
deft. and his adv. absent.
Issue notice to respondent.
Matter is adjd. to. 30/04/2019 for reply and hearing Exh. 2.
Next Purpose: HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv Radhika for appellant present. She has submitted that the respondent has refused to accept the service of notice of the stay application and appeal.
Adv. Kandekar for respondent present and undertakes to file Vakalatnama.
Adv. of appellant has served copy of appeal and documents of stay application on the adv of respondent.
Matter is adjd. to. 03.05.19 for Hearing on ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. for appellant present.
Adv. for respondent present and has filed V.P TOR and marked as Exh.3. He has filed also reply to the stay application Exh.2.
On request of appellant,Matter is adjd. to. 12.06.2019 for hearing on Stay application.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Page for appellant present.
Adv. Kandekar for respondent present.
As court busy in hearing time bound appeals No. 114/19 to 130/19.Hence board is discharged.
Matter is adjd. to. 19/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Adv. Ms. Radhika V. for Appellant present.
Adv. Kandekar for Respondent present.
Copy of R and P filed by advocate for Respondent. O Filed.
Matter adj. to 05/09/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: Adv. Mr. S. R. Page for Appellant present.
Adv. Mr. Kandekar for LIC present.
Rejoinder filed by advocate for Appellant to Exh.-2. O Filed.
On request of advocate for Appellant matter adj. to 03/10/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Next Purpose: HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. S. R. Page for appellant present.
None for respondent.
Adjd for Hearing to 02.11.2019.
Next Purpose: HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: None for appellant.
Adv. Kandekar for respondent no. 1 present.
Since appellant remain absent, last chance is granted for appellant for hearing to 18.11.2019.
Next Purpose: HEARING
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Radhika for appellant present.
Adv. Kandekar for respondent present.
On oral request of advocate for appellant, last chance is granted for hearing on stay application Exh.2 to 04.12.2019.
Next Purpose: HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. S. R. Page for appellant present.
Adv. Kandekar for respondent/LIC present.
Heard rival submissions on Stay application.
Adjd for Order on stay application to 13.12.2019.
Next Purpose: ORDER
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Mr. S. R. Page for Appellant present.
None for Respondent.
Matter adj. to 24/01/2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: THE COURT IS ON LEAVE TODAY.
Adv. Radhika V. i/b Adv. S. K. Page for appellant present.
Adv. K. N. Kandekar for respondent/LIC present.
Adjd to 18.02.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: None present for appellant.
Adv. K. N. Kandekar for respondent/LIC is present.
KB
Later on
Adv. Radhika V. h/f Adv. S. R. Page for appellant is present and filed application for restoration of possession and it is marked as Exh.6.
O - Other side to say.
Adv. K. N. Kandekar for respondent/LIC is present.
Copy of application (Exh.6) served to other side.
Advocate for respondent seeks time to file reply on Exh.6.
Adjourned to 04.03.2020 for Reply on Exh.6.
Next Purpose: REPLY
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Radhika V. h/f Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present and filed reply to Exh.6. TOR and marked as Exh.6-A.
Copy of reply served to other side.
Adjourned to 13.03.2020 for Hearing on Exh.6.
Next Purpose: HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Radhika V. h/f Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
At the request of advocate for appellant, adjourned to 28.03.2020 for final Arguments in appeal.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Business: None present for both the parties.
Adjourned to 22.09.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: None present for appellant.
Adv. Satamkar h/f Adv. K. N. Kandekar for respondent is present.
Due to COVID-19, adjourned to 16.10.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv. Satamkar H/f Adv. K.N. Kandekar for appellant present.
None present for respondent.
Adjourned to 07.11.2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: None present for appellant.
Adv. K.N. Kandekar for respondent present.
Adjourned to 08.12.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present for appellant.
None present for respondent.
Since nobody appeared for parties, by way of last chance.
Adjourned to 04.01.2021 for Arguments.
L.O.
Adv. Kantilal H. Kanojia i/b Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
Ld. advocate for appellant seeks time to argue the matter. Last chance is granted for argue the matter.
Adjourned to 04.01.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. S. K. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
Advocate for appellant undertakes to argue the appeal in next date, again by way of last opportunity, adjourned to 25.01.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv. Mayur Sonawane h/f Adv. Adv.S. R. Page for appellant present.
Adv. S. R. Pathak h/f Adv. K. N. Kandekar for respondent present.
Advocate for appellant submits that appearing advocate is not feeling well and seeks adjournment.
At the request of advocate for appellant, Adjourned to 25.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mayur Sonawane h/f Adv. S. R. Page for appellant is present.
Adv. S. R. Pathak h/f Adv. K. N. Kandekar for respondent is present.
Both sides seek time.
Adjourned to 07.04.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for appellant.
Adv. S. R. Pathak h/f Adv. K. N. Kandekar for respondent is present.
Adjourned to 08.06.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adv. Prabhu Mali h/f Adv. S. R. Page for appellant is present.
Adv. Deepak Vaity h/f Adv. K. N. Kandekar for respondent is present.
Due to Covid-19, adjourned to 29.06.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for parties.
Adjourned to 14.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: HONBLE THE PRINCIPAL JUDGE IS ON LEAVE TODAY.
None present for the appellant.
Adv. Satamkar h/f Adv. K. N. Kandekar for respondent present.
Adjd. to 11.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
At the request of Ld. counsel for appellant by way of last opportunity, matter adjourned to 04.09.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for appellant.
None present for respondent.
Since nobody appears for the appellant and considering the orders passed on previous date, matter is adjourned for order of dismissal.
Adjourned to 18.09.2021 for Order of Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. S. R. Page for appellant is present.
None present for respondent.
Kept back.
L.O.
Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent/LIC is present.
Ld. counsel for appellant assures that he would argue the matter on next date as such date of dismissal is postponed till next date.
Adjourned to 01.10.2021 for Order of Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. Harshala Khopkar h/f Adv. Shivkumar Page for appellant is present.
Adv. K. N. Kandekar for respondent/LIC is present.
Appellant files written submissions. TOR and marked as Exh.7.
Ld. counsel for respondent seeks time to file written submissions.
Adjourned to 12.10.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
Ld. counsel for respondent files his written submissions. TOR and marked as Exh.8.
Ld. counsel for appellant seeks time to go through the same.
Adjourned to 20.10.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. S. R. Page for appellant is present.
Adv. Pathak i/b Adv. K. N. Kandekar for respondent is present.
As court is busy in dictating Judgment, adjourned to 11.11.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: CORAM HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. A. T. WANKHEDE (C.R. No.57)
(Matter pertains to C.R. No.19).
Adv. S. R. Page for appellant present.
Adv. K. N. Kandekar for respondent.
Adv. for appellant files Addl. written submission it is taken on record and marked as Exh. 7A.
Adjd. to 18.11.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. S. R. Page for appellant is present.
Adv. S. R. Pathak h/f K. N. Kandekar for respondent is present.
By consent, adjourned to 04.12.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv.Mr.S.R. Page for appellant present.
Adv. Mr.S.R. Pathak h/f. Adv. Mr. Kandekar for respondent.
By consent, adjourned to 6.12.2021 for arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. S. R. Page for appellant is present.
Adv. S. R. Pathak h/f Adv. K. N. Kandekar for respondent is present.
By consent, adjourned to 17.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent LIC is present.
Heard both the sides.
Adjourned to 21.12.2021 for Reply Arguments, if any.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
Heard reply arguments of both sides.
Adjourned to 03.01.2022 for Written Submissions of appellant.
Principal Judge,
Gr. Mumbai.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Harshala Khopkar h/f Adv. S. R. Page for appellant is present.
Adv. Satamkar h/f Adv. Kandekar for respondent is present.
It is submitted that Ld. advocate Shri.Page is quarantine hence adjourned to 18.01.2022 for Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Mr. S.R. Page for the appellant is present through VC.
Adv. Mr.S.R.Pathak h/f. K.N.Kandekar for respondent/LIC is present.
Ld.Adv. Mr. S.R. Page for the appellant appeared through VC and submitted that he is suffering from COVID positive and therefore, time may be granted to submit written submissions. Hence matter is adjourned on 5.2.2022.
Adjourned to 5.2.2022 for filing written submissions.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Adv. S.R. Page for appellant present.
Adv. K. N. Kandekar for respondent present.
Matter adjn for Arguments(P.H.) to 11.02.2022
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
Supplementary written submissions filed by the appellant. TOR and marked as Exh.9.
Adjourned on 18.02.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar for respondent is present.
As court is busy in hearing final arguments in Misc. Appeal No.4/19 and 7/19, hence adjourned on 23.02.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. S. R. Page for appellant is present.
Adv. K. N. Kandekar a/w Adv. Pathak for respondent is present.
Judgment is dictated and pronounced in open court.
Exh.10 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No. 133 of 2019 is partly allowed.
2. Order dt. 29.3.2019 passed by the Estate Officer in Case No. 3 and 3A of 2016 regarding eviction of the application premises i.e. Room No.1/2, Ground Floor, Sita Chawl, New Badam Wadi, V.P.Road, Girgaum, Mumbai - 400 004, against opponent No.1 The legal heirs of Late Shri D.N. Mhatre and opponent No.2/appellant Shri Anil Visaria is hereby maintained.
3. Order passed by the Estate Officer dt.29.3.2019 directing opponent No.2/appellant to pay Rs.98,38,188/- is hereby set aside and modified to the extent that opponent No.2/appellant is liable to pay a sum of Rs.53,82,912/- towards damages with compound interest at the rate of 9 per cent per annum, considering the area which is in his possession i.e. 450 sq.ft.carpet area (Built Up 540 sq.ft.). Opponent No.1 is liable to pay remaining amount towards damages with compound interest at the rate of 9 per cent per annum.
4. R and P be sent back to the applicant/LIC.
Appellant has filed an application for stay of the operation and execution of impugned order passed by Estate Officer. TOR and marked as Exh.11. Said application is strongly opposed by the respondent. Present appeal is preferred by the appellant/opponent No.2 against the order of the Estate Officer by which appellant/opponent No.1 is evicted and Opponent No.2 is directed to pay damages. Admittedly there was no stay during the pendency of appeal. Respondent has already taken the possession of the application premises. Now only question remains about the damages which opponent No.2 has to pay. Appellant wants to challenge the order of this court before the Honble High Court. In the meanwhile if respondent executes the original order of the Estate Officer then appeal of the appellant will become infructuous. Therefore execution in respect of damages against the opponent No.2 is hereby stayed till appellant files the appeal and seek order from the Honble High Court.
Nature Of Disposal: ALLOWED
Disposal Date: 23-02-2022