Mr. Anil Omprakash Arya +1 moreVsRaja Omprakash Arya

Date: 14-06-2018
Business: (By preceipe)
Adv. Shetty for plff. present.
Deft. and his adv. absent.
Service affd. filed by adv. for plff. t.o.r.
Draft N/M alongwith supporting affd. filed by adv. for plff. t.o.r.
Leave granted. N/M be registered.
Matter is adjd. to 21.06.2018 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Adv. Rohit Shetty for plffs. present.
Adv. for D/1 present.
Adv. for respondent no.1 present.
Exh.2 V/P filed by adv. for D/1. t.o.r.
Exh. 3 V/P filed by adv. for respondent no.1. t.o.r.
Registered N/M No.2240/18 alongwith supporting affd. tendered by adv. for plff. t.o.r.
Heard adv. for the plff., deft., respondent no.1.
Adv. for the plff. submitted that as per the family arrangement deed before the Honourable High Court, mother of plffs. and deft.no.1 got godown as her share. The plffs. and deft.no.1 being her legal heirs are entitled to share the rent of the said godown. However, after the death of mother in 2015, the deft.no.1 is taking all the rent amount and not paying to the plffs. their share. Therefore, the deft.no.1 be directed to deposit 2/3 amount in the court.
Adv. for deft.no.1 submitted that there was a family arrangement and therefore, he is taking the rent of the suit premises. Even during the lifetime of mother, he alone was taking rent. He further submitted that there are other properties also about which the plff. has not mentioned. Further the sisters are not joined as party. Claim of the plff. is monetary claim in respect of which interim relief can not be granted. Respondent no.1 sought time to file reply on N/M.
Considering the argument advanced by the adv. for plff. and deft.no.1, I find substance in the arguments of D/1 that claim of the plff. is a monetary claim. Further, this being property dispute of the family and when the deft.no.1 has mentioned about other properties and the plff. has also stated that he is verifying about the same, I don\''t find it just and proper to grant ad-interim relief. Hence, ad-interim relief is refused.
Matter is adjd. to 17.07.2018 for reply on N/M No.2240/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2018

Date: 17-07-2018
Business: Matter is adjd. to 10.08.2018 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2018

Date: 10-08-2018
Business: Adv. for plffs. present.
Deft. present.
Adv. for respondent no.1 present.
Adv. for respondent no.1 filed reply on N/M No.2240/18.
W/S of deft. filed by deft.
Matter is adjd. to 07.09.2018 for hearing on N/M No.2240/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2018

Date: 07-09-2018
Business: Adv. for plffs. present.
Adv. J.C. Mahindro for deft. present.
Adv. for respondent no.1 present.
Both the parties submits that the matter is likely to be settled and hence, Matter is adjd. for hearing on N/M to longer date i.e. 27.11.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Adv. for pltff present.
Adv. for deft present.
Adv of plft tendered rejoinder on N.M no. 2240/18.
Adv. of deft tendered application under O-VII R- 11 of CPC.
Matter is adjd. to.12.02.2019 for hearing on N.M no. 2240/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Adv. for plff. present and has filed reply to application filed by deft. t.o.r
Adv. for deft. present.
By consent matter is adjd. to. 23.04.2019 for hearing on N/M No.2240/18 and hearing on application filed by deft.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adv. Sharmili Mhatre for plff present.
Adv. J. C. Mahendru for deft present.
By consent matter is adjd. to. 23/07/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Court is vacant, hence board is discharge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Rohit Shetty for plff present.
Adv. J. C. Mahendru for deft present.
Adv. Kalpana Mhatre for respondent no.1 present.
None for respondent no.2.
Heard rival submissions on application Exh.5 taken out by defendant under order 7 rule 11 alongwith sec.151 CPC. However as per Bombay City Civil Court rules a notice of motion is required to be taken out for that purpose. Hence with liberty to take out such notice of motion application Exh.5 of defendant stands filed.
Adjd for Compliance and hearing on N/M No. 2240/18 to 07.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Shetty for plaintiffs present.
Adv. J. C. Mahendru for defendant present.
None for respondents no. 1 and 2.
On oral request of Ld. Adv. for defendant adjournment granted .
Adjd to 07-02-2020  for  NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv.   Sharmili Mhatre  for plaintiff present.
Adv.  Redekar   for respondents no. 1 and 2  present.
None for defendants.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to  09-03-2020 for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Sharmini Mhatre  for plaintiff present.
Adv. J. C. Mahendru for defendant present and tendered application under order 7 rule 11 CPC t.o.r. Its marked at Exh.6 Copy served to other side.
Adv.  Sachin Gele  for respondent present.
Adjd to 29-04-2020  for  Reply to exhibition.
Next Purpose: REPLY
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: REPLY
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Both the parties and adv absent.  Due to COVID 19, the matter is adjd
Next Purpose: REPLY
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present.
The matter is adjd for reply  to 02.03.2021.
Next Purpose: REPLY
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: None present.
Last chance is granted to plaintiff to file reply to Exh.6.
The matter is adjd for reply to Exh.6 to 27.04.2021.
Next Purpose: REPLY
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 04.08.2021.
Next Purpose: REPLY
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: P.O is on leave. Matter adjd to
Next Purpose: REPLY
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv. Shreya Mehta for plaintiff is present.
None for defendant.
Adv.for plaintiff filed reply t.o.r marked as Exh.6-A. (NM).
On oral request of Adv.for plaintiff matter adjourned for NM hearing.
Matter adjd for NM hearing on 14.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 01/04/2022 for NM for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Vaidehi for pltff present.
Adv Prajakta Aangre for deft present.
Deft present.
On oral request of adv for pltff, Matter is adjd to 26/07/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Shetty for plaintiff present.
Deft. present, his advocate absent.
Adv. Siddhi Chavan for respondent present.
Roznama dated 09/03/2020 shows that the deft. has tendered draft N/M under Order 7, Rule 11 order CPC. However, instead of granting leave to register it, it is marked as Exh.6. It further reveals that plaintiff has filed reply to N/M on 23/09/2021. In view of the provisions of Bombay City Civil Court Act the deft. is directed to get register the N/M.
Matter adjd to 20/08/2022 for hrg. of N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Rohit Shetty for plaintiff is present.
Adv. J.C. Mahend for defendant is present.
KB LO at 4.10 p.m.
Adv. for plaintiff tendered original registered NM No. 3038/22 (Exh.6) a/w affidavit in support of NM. T.O.R.
Matter adjd to 04.11.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Rohit Shetty for plaintiff is present.
Adv. Mariyam for defendant is present.
It reveals that the plaintiff has already filed reply to N/M No.3038/2022.
On oral request of Adv. for defendant matter is adjourned for hrg. on N/M No.3038/2022
Matter adjd to 13/01/2023 for hrg. on N/M No.3038/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. Vaidehi for plaintiff is present.
Adv. Sidhi Chavan for defendant is present.
On oral request of both the sides, matter adjourned for NM hearing.
Matter adjd to 21.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: P.O. is on leave. Matter adjd to 27.04.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Rohit Shetty for plaintiff is present.
Adv. J.C Mahimda for defendant is present.
Adv. Sidhi Chavan h/f Adv. Sachin Gelye for respondent in NM is present.
Heard both the sides.
F.R.S.R. following order is passed in NM No. 3038/22.
ORDER
Notice of motion no. 3038/2022 is hereby rejected.
Notice of motion stands disposed of.
Matter adjd to 14.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Adv. Vaibhavi Orthikar for plaintiff is present.
Plaintiff No.2 is present.
None present for defendant.
On oral request of Ld. Adv. for plaintiff, matter is adjourned.
Matter adjd to 24.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Adv. Vaidehi for plaintiff is present.
Adv. J. C. Mahend for defendant is present.
On oral request of the ld adv for plaintiff, matter is adjourned.
Matter adjd to 26.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Adv. Rohit Shetty for plaintiff is present.
Adv. J. C. Mahind for defendant is present.
Matter adjd to 29.11.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Adv. Rohit Shetty for plaintiff is present.
Adv. J. C. Mahind for defendant is present.
Heard the Ld. Adv. for plaintiff and defendant on Notice of Motion No. 2240/2018.
Matter adjd to 16.12.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM  ORDERS
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: P. O is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: P. O is on official duty at Small Causes Court in 2nd session.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Adv. Rohit Shetty for plaintiff present.
None for defendant.
Last chance granted to defendant to work out. N/M on failure N/M is proceed further.
Matter djd to 04.04.2024 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv. Rohit Shetty for plaintiff is present.
Adv. J. C. Mahindro for defendant is present.
Heard both advocates.
Matter adjd to 05.04.2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: None present for plaintiff.
Adv. Smruti Iyer h/f Adv. Yash Badkur appeared for defendant and filed Vakalatnama Exh.7. TOR.
F.R.S.R following order is passed in Notice of Motion No.2240 of 2018
ORDER
1. Notice of Motion No.2240 of 2018 is hereby dismissed with no order as to costs and accordingly disposed off.
Matter adjd to 01.07.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Adv. Vaidehi Olatikar i/b Adv. Rohit Shetty for plaintiff is present and seek time to file draft issues. O- Time granted with consent.
Adv. Yash Badkur for defendant is present and filed draft issues. TOR.
Matter adjd to 28.08.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: P.O.is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-10-2024

Date: 25-10-2024
Business: Adv. Vaidehi Olatikar i/b Adv. Rohit Shetty for plaintiff is present and seek time for filing draft issues. O- Time granted with consent.
Adv. Vinayak Tiwari for defendant is present.
Matter adjd to 24.01.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: Adv. Vaidehi Olatikar h/f Rohit Shetty for plaintiff is present and seek time for filing draft issues. O- Time granted as last chance.
Adv. Mithila Damle for defendant is present.
Matter adjd to 08.04.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: Adv. Vaidehi Olatikar h/f Rohit Shetty for plaintiff is present and seek time. Sufficient time is granted. Suit to proceed further.
Adv. Rehaan Shaikh for defendant is present.
Matter adjd to 25.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: Adv. Vaidehi Olatikar i/b Adv. Rohit Shetty for plaintiff is present.
Adv. Mithila Damle for defendant is present.
There are element of settlement in this matter. Hence, matter be referred to mediation. Mediation department is directed to issue notices to both parties.
Matter adjd to 28.10.2025 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: None present for plaintiff.
Adv. Rehaan Shaikh i/b Adv. Mithila Damle appeared for defendant and seek time to file Vakalatnama. O- Time granted.
Mediation report Exh.8 and 9 received. TOR.
Matter adjd to 19.01.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: Adv. Shagufta for plaintiff is present.
Adv. Jainam Jain h/f Mithila for defendant present.
Matter adjourned for 21/04/2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: P.O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: None present for plaintiff and defendant.
Matter adjourned to 07.11.2026 for framing issues.
Later on at 11.25 a.m
Adv. Fareen Saba Shaikh for defendant is present and filed Vakalatnama. It is taken on record and marked as Exh.10. O- Filed.
Matter adjourned to 07.11.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2026

NOTICE OF MOTION/102240/2018
NOTICE OF MOTION/103038/2022

Registration Number: 101323/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 105034/2018
Filing Date: 06-04-2018
First Hearing Date: 14th June 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE