Date: 13-06-2019
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 19/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Matter not traceable.
Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 30/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Advocate Amey Mahajan for Plaintiff present.
Defendant no.1 present.
K.B.
L.O.
Advocate Amey Mahajan for Plaintiff present and filed additional affidavit in support of Notice of Motion, t.o.r.
Advocate for Defendant present and filed additional reply to NM, t.o.r.
Heard arguments of Plaintiffs advocate about Ad interim reliefs claimed by Plaintiffs by filing Notice of Motion no.1990/19. It is submitted that the disputed washroom is part of Gala no.10 and Defendants have broken wall between Gala no.9 and said disputed washroom, initially Defendants installed cement frame and later on fixed door in said frame. It is argued that now Defendants are causing obstruction in Plaintiffs use of said disputed washroom. Plaintiffs are possessing said disputed washroom. It is alleged that on 22/08/2018 the wall between gala no.9 and disputed washroom was broken by Defendants therefore Plaintiffs have file NM no.3345/18 in suit 1677/18 pending before CR No.1, City Civil Court Mumbai. It is submitted that said NM is disposed off by said Court on the ground that the washroom of gala no.10 was not subject matter of suit no.1677/18 and thereafter Plaintiff has filed this suit because the order in NM no.3345/18 was passed by CR no.1 on 10/04/2019. According to Plaintiffs advocate there is urgency in the matter because Defendants are causing obstruction into Plaintiffs use of disputed washroom. Plaintiffs advocate referred copy of plan filed at page no.32, photographs of disputed washroom filed at page no.33,58 and 64 of the plaint. It is argued that due to obstruction caused by Defendants Plaintiffs have also filed report with police. According to Plaintiffs advocate ad interim relief in terms of prayer clauses (a), (c) and (d) of Notice of Motion are necessary to be granted.
Advocate for Defendant placed reliance on the xerox copy of the sanctioned plan which was submitted with BMC on 01/12/1944 for getting construction permission of disputed premises. However, xerox copy of plan is not legible hence Defendant is directed to produce before the court the legible or original copy of said plan so that court can ascertain the fact that exactly where the disputed washroom is situated. Unless, this Court peruses said legible or original copy of plan submitted to BMC for construction of the premises in which Gala no.9 and 10 are situated, it will not be better on the part of this court to grant any ad interim relief. Any how, the matter is fixed for NM hearing on 23/09/2019, till this date Defendants have filed their short reply for opposing ad interim relief and therefore Defendants are directed to file their reply to NM so that court can hear the parties on merits and court can dispose of the NM on merits. Defts are directed to serve copy of NM reply upon Plaintiffs advocate in advance.
Advocate for Plaintiff filed affidavit of service along with writ of summons showing that writ of summons is served upon Defendants on 16/07/2019, t.o.r. It is made clear that from 16/07/2019, Defendants should have filed their Written Statement within 30 days and now if at all Defendants are intending to file their Written Statement they will have to take necessary steps for condoning delay caused for filing Written Statement.
Case is adjourned to 23/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Court is busy in dictating Judgment in suit no.947/13 and hearing and dictating order on Chamber Summons no.9761/82, hence case is adjourned to 10/10/2019.
Advocate Jadhav for Defendants filed affidavit in reply to NM taken out by Plaintiffs advocate, t.o.r. He also filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted. Advocate for Defendants is directed to serve copy of draft Notice of Motion taken out today to other side.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Advocate Amey Mahajan for Plaintiff present and filed reply to NM taken out by Defendant for condonation of delay caused in failing Written Statement, t.o.r.
Advocate Anand Jadhav for Defendant present and produced coloured legible copy of approved plan of Gala no.9 which is showing that washroom exists.
Plaintiffs advocate submitted that he will file on next date, the copy of approved plan showing that wash room is also existing in suit property i.e. gala no.10. Hence, case is adjourned to 02/12/2019 for further arguments and for filing approved plan of gala no.10 by Plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2019
Date: 10-10-2019
Business: Advocate Amey Mahajan for Plaintiff present and filed reply to NM taken out by Defendant for condonation of delay caused in failing Written Statement, t.o.r.
Advocate Anand Jadhav for Defendant present and produced coloured legible copy of approved plan of Gala no.9 which is showing that washroom exists.
Plaintiffs advocate submitted that he will file on next date, the copy of approved plan showing that wash room is also existing in suit property i.e. gala no.10. Hence, case is adjourned to 02/12/2019 for further arguments and for filing approved plan of gala no.10 by Plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Amit Shroff for plaintiff present.
Adv. A. J. Jadhav for defendant present.
Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
Case is adjourned to 16.12.2019 for N/M argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-12-2019
Date: 02-12-2019
Business: Adv. Amit Shroff for plaintiff present.
Adv. A. J. Jadhav for defendant present.
Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
Case is adjourned to 16.12.2019 for N/M argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Advocate Mr. Amit Shroff i/b Ashok Kotecha for Plaintiff present.
Advocate Mr. A. J. Jadhav for Defendants present and filed registered Notice of Motion no.4446/2019 with affidavit in support, t.o.r.
Heard arguments of both sides in respect of Notice of Motion no.1990/19.
Case is adjourned to 02/01/2020 for Order on NM no.1990/19.
Next Purpose: NM ORDERS
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Advocate Mr. Amey Mahajan for Plaintiff present
Advocate Mr. A. J. Jadhav for Defendant present
Court is busy in dictating Judgment in suit no.8316/95, hence case is adjourned to 08/01/2020 for NM for order.
Next Purpose: NM ORDERS
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff with advocate Mr. Amey Mahajan for Plaintiff present
Advocate Mr. A. J. Jadhav for Defendant present
Court is busy in hearing of NM in suit no.2693/18, hence case case is adjourned to 18/01/2020 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: PO IS ON LEAVE.
Next Purpose: NM ORDERS
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Advocate Amey Mahajan for Plaintiff present
Advocate A. J. Jadhav for Defendant present
Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, case is adjourned to 30/01/2020 for NM for order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Advocate Mr. Amey Mahajan for Plaintiff present
Advocate Mr. A. J. Jadhav for Defendants present
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.1990 of 2019 stands disposed off / dismissed.
Advocate for Plaintiff filed an application for stay of the order passed by this Court today in Notice of Motion no.1990 of 2019,t.o.r. Other side to say. Say filed by advocate for Defendants
ORDER ON EXH.3
In the application Plaintiffs have contended that on 10/09/2019 and 11/12/2019 Defendant no.1 has taken law in his hands and therefore Plaintiffs are intending to challenge the order passed by this Court today by filing appeal against said order, hence Plaintiffs have prayed for the order directing Defendants to maintain status quo for six weeks and Plaintiffs have prayed for stay to the operation of the order passed by this court today.
Defendants advocate filed his say contending that no ad interim relief was granted by this Court in Notice of Motion no.1990/19 hence no question arises of staying the operation of the order passed by the court today and further no question arises of granting status quo order in any way.
Heard. Plaintiff advocate argues that Defendants are intending to close Plaintiffs entrance to disputed washroom hence the status quo as prayed is necessary to be granted. Defendants advocate submitted that ad interim relief of any nature was not granted by the court hence application is necessary to be rejected.
I have given serious consideration to the submissions made by the parties. As since beginning this court has not granted any ad interim relief in favour of Plaintiff no question arises of granting status quo in favour of Plaintiff when the court has rejected Plaintiffs NM on its own merits. Further, no substantial relief was or is granted by the Court in favour of the parties to the suit therefore no question arises of staying the order passed today by this court, hence application Exh.3 stands rejected.
Case is adjourned to 08/04/2020 for Notice of Motion no.4446/19 for hearing for condonation of delay.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv Mr. Amey Mahajan for plff present and mentioned the matter in the morning session.
He submitted that reply filed to NM be treated as his argument in the pending NM filed by the deft.
K.B. for argument in NM in the afternoon session.
L.O. 2.30 pm.
Nobody appeared for the defendant. Hence, matter is adjd. for NM hearing to 08.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv Mr. Amey Mahajan for plff present.
None present for deft. to argue NM No. 4446/2019.
Already sufficient opportunities are granted to deft to argue said NM.
He failed hence NM No.4446/2019 is dismissed in default for want of prosecution.
Suit to proceed without WS against deft No.1
Other defts also failed to file WS. Hence Suit to proceed without WS against other defts also.
Matter is adjd. for evidence without WS to 29.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Plff No.2 present.
Adv Mr. Amay Mahajan for plff present.
Adv Mr. Abhishek Jadhav for defts present.
Affidavit in lieu of examination in chief of PW-1 Kashmira filed at Exh.4.
Plff produced documents with list Exh.5.
Adv. for Plff filed application Exh. 6 for returning original documents back to the plff. O- It is mentioned in the application that the original documents will be produced as and when ordered by the Court and these documents are required for produce before Hon’ble High Court and Metropolitan Magistrate Court. Admissibility of documents is yet to be considered. Original/ certified documents produced with list Exh.5 be returned to the plff as plff has produced copies of those documents with list Exh.5/A.
Adv. for deft seeks adjournment by submitting that deft will take necessary steps for setting aside the order passed to proceed without WS.
Matter is adjd. for admission denial to 17.11.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None present for plff.
Adv Mr. A.J. Jadhav present for deft. and tendered registered NM 2779/2021 along with affidavit in support.
As nobody is present for plff, matter is adjd. for NM reply to 06.01.2022.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present for plff.
Adv Mr. Jadhav present for deft.
Deft to serve the plff with NM No.2779/2021. Service on adv. is allowed.
Matter is adjd. for service to 01.04.2022.
Next Purpose: SERVICE
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: None present for plff.
Adv Mr. Anand Jadhav for deft present and seeks liberty to serve NM No.2779/2021 on the plff by submitting that the advocate on record of the plff has informed him that he is not appearing now for the plff.
Liberty is granted.
Matter is adjd. for service to 06.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present for plaintiff.
Adv.Anand Jadhav for deft. present.
The deft.sought time for service of notice of motion on the plaintiff. Time granted.
Matter adjd to 18.08.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present for plaintiff.
Adv.Abhishek Chaturvedi h/f.Adv.Jadhav for deft. present. He requested time to file service affidavit in NM No.2779/21.
Matter adjd to 17.10.2022 for service affidavit in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: None present for plaintiff.
Adv.A.J. Jadhav for deft. present. He requested time for filing service affidavit.
Matter adjd to 03.01.2023 for service affidavit in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present for plaintiff.
Adv.Jadhav for defendant present and filed affidavit of service in NM 2779/21. TOR and marked as Exh.7.
Matter adjd to 11.07.2023 for order of no reply against plaintiff in NM/hearing of NM.
Next Purpose: ORDER
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: None for plaintiff.
None for defendant.
From the perusal of the record and particularly the service affidavit Exh. 7 it seems that the plaintiff no. 1 and 2 have been duly served with the NM on 28-07-2022. They however didnt file their reply on the NM No. 2779/21. Hence, the said NM shall proceed without reply of plaintiffs.
Matter is adjd.to 14-08-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: None for plaintiff.
Adv. Jadhav for defendants present.
Heard the Ld. Counsel for defendants he would make submission that despite the service of this NM on the plaintiffs they didnt file their reply to NM nor they are attending the matter since long. The present NM is taken out for seeking condonation of delay for setting aside the order dtd. 08-02-2021 passed by this court in NM No. 4446/19 taken out by the defendants seeking condonation of delay in filing written statement and this Court by order dtd. 08-02-2021 dismissed the said NM no. 4446/19 for want of prosecution. Since it is apparent that the present matter would be convered by the orders of the Honble Supreme Court in Suo-motu writ petition no. (Civil) No. 3/2020 whereby the Honble Apex Court excluded the period of limitation in view of the Covid-19 pandemic, the present NM deserves to be allowed. Hence, I proceed to pass following order -
1) The NM No. 2779/21 is made absolute it terms of prayer clause (a) and (b).
2) The order dtd. 08-02-2021 passed by this Court in NM No. 4446/2019, thereby dismissing in for default stands set-a-side and the said NM No. 4446/19 is restored on the file of this Court.
3) The proceed suit to further according to the law. The NM No. 2779/21 is disposed of accordingly.
Matter is adjd.to 06-10-2023 for Hearing of NM No. 4446/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: None for plaintiff.
Adv. Abhishekh Jadhav for defendant present.
Matter is adjd.to 01-12-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: None for plaintiff.
Adv. Abhishek Jadhav for defendant present.
Matter is adjourned to 14-03-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: None for plaintiff.
Adv. A. J. Jadhav for defendant present.
Matter is adjourned to 27-06-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 13-09-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 23.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 20.12.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: None for plaintiff present.
Adv. A. J. Jadhav for defendant present and heard in NM No. 4446/19.
Matter is adjourned to 08.01.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 24.02.2025 for re-hearing.
Next Purpose: HEARING
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 24-04-2025 for NM re-hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: None for Plaintiff.
None for defendant.
Matter adjourned on 20-06-2025 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: None present for plaintiff and defendant.
Matter is adjourned to 27-06-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Court is vacant and hence, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2025
Date: 25-07-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 29-09-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 20.02.2026 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Writ received from Hon'ble High Court writ D.D. (AO) No. C0702116 of 2026 dtd. 27.01.2026 in Appeal from Order No. 215 of 2020 with Interim Application No. 1915 of 2020 (For Inj.), City Civil Court, Mumbai Inward No.2801, Dtd. 12.02.2026.
Coram :- Hon’ble Justice Jitendra Jain, J. on 11th December, 2025 passed the following order :-
P.C. :
1. On 20 November 2025, none appeared for the appellants and, therefore, the matter was listed today for dismissal.
2. Today also, there is no appearance on behalf of the appellants. Appeal is dismissed for want of prosecution. Consequently, interim application does not survive and is disposed of. Interim relief, if any, granted earlier stands vacated.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2026
Date: 20-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 29.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2026
Date: 29-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.30 pm
None for plaintiff.
None for defendant.
The parties are directed to argue NM on next date failing which NM will be disposed of.
Matter is adjourned to 02.05.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2026
Date: 02-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 02.50 pm
None for plaintiff.
None for defendant.
Matter is adjourned to 29.06.2026 for NM for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: P. O. is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: P.O.is on leave
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: PO is on training.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-10-2026
Date: 07-08-2026
Business: PO is on training.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-10-2026