Mr. Shriram Ramlakhan YadavVsMr. Lalta Prasad Ramlakhan Yadav +1 more

Date: 05-05-2018
Business: By Precipee
Adv.Ms.Shivani for Plff.present.
Adv.for Plff.tendred draft N/m along with affidavit t.o.r Leave granted to register N/m.  Returnable on next date.
Adv.Mr.Giri for BMC/Deft.no.2 present.
Deft.no.1 is absent.
Plff.is directed to file affidavit of service of writ of summons upon deft.no.1.
Considering the nature of the suit, the plff also to submit as to why the name of deft.no.2/MCGM should not be deleted from the suit as per the provisions of Order 1, Rule 10 of the CPC.
Adjd.for affidavit of service on 08.06.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2018

Date: 08-06-2018
Business: Plaintiff no. 1 absent.
Adv. Ms. Shivani Kunder for plaintiff present.
She tendered affidavit of service of writ of summons.
Advocate of plaintiff is directed to register the draft N/M.
None present for defendant no. 1.
The Ld. Counsel appearing on behalf of plaintiff submitted that the name of the defendant no. 2 is deleted and she wants to proceeded against defendant no. 1.
Therefore, permission granted to carry out the amendment as prayed.
KB                                                                           Judge
Later on -
Advocate for plaintiff present.
O- Time granted for compliance on or before next date.
Adjd to 15.6.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2018

Date: 15-06-2018
Business: As Court is on leave, Board is discharged,  hence adjd. to 27.06.2018 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Adv. and Plaintiff absent.
Adv. Mr. Sandeep Dawal for defendant no. 1/ BMC present.
Adv. Mr. Giri for defendant no. 2/ BMC present.
Adv. For Deft. no. 1 tender Vakalatnama, t.o.r. and marked as Exh.2
The Deft. No 2 i.e. MCGM is deleted as party from present suit. The suit is against private party. Therefore this court is not having jurisdiction to deside the suit between private parties. Therefore, registrar is hereby directed to transfer the suit to appropriate court.
Adjd. for compliance of 06.08.2018
Matter is adjd. To 06.08.2018 for compliance.
L.O. Adv. Ms. Shivani Kunder for the plff. is present.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: Matter received from C.R. No.8
Adv. Shivani Kunder for plff. present.
Deft. and his adv. absent.
Adv. for plff. tendered registered N/M No.2219/18. t.o.r.
Matter is adjd. to 18.08.2018 for reply to N/M No.2219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Plff. and his adv. absent.
Deft. in person present.
Kb at 2.45 p.m.
Plff. and deft. present.
Deft. is seeking time to file reply on N/M. Time is granted.
Matter is adjd. to 05.10.2018 for reply to N/M No.2219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2018

Date: 05-10-2018
Business: Adv. Shivani Kunder for plff. present.
Adv. Prakash Mahadik for deft. present.
On the request adv. for deft Matter is adjd. to. 20.10.2018 for reply and hearing to N/M No. 2219/18
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Business: Adv. for pltff present.
Adv. for deft present.
Adv. of plff. filed draft Ch/s along with affidavit and sought to register it.  TOR. Leave granted to register it.
Copies served  to adv of deft. adv. of deft has tendered reply to N.M 2219/18 .
Matter is adjd. to.06.12.2018 for reply to Ch/s and hearing on N.M.no.2219/18 .
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
Adv. for plff. tendered registered Ch/sum No.2147/18 alongwith supporting affd.  t.o.r.
On request of Adv. for deft. Matter is adjd. to. 07.02.2019 for reply to Ch/sum No. 2147/18 and reply on N/M No. 2219/18.
Next Purpose: C/S REPLY
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
As the deft is absent and has failed to file reply to Ch/sum, the Ch/sum shall proceed without reply of the deft.
Matter is adjd. to. 05.04.2019 for hearing on Ch/sum No.2147/18 and for report of service of Ch/sum on the respondents and reply to N/M No.2219/18.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Plff. in person present.
deft. and his adv. absent.
On request of plff. Matter is adjd. to. 26.06.2019 for hearing on Ch/sum No.2147/18.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Defendant no.1 present.
Court is busy in hearing arguments in respect of Exh.73 in suit no.320/73 and hearing Notice of Motion in suit stamp no.5879/19, hence case is adjourned to 16/09/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Court is busy in recording evidence in suit no.9168/92, hence case is adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Court is busy in dictating Judgment in suit no.3856/99 and suit no.3857/99, hence case is adjourned to 09/12/2019.
L.O.
Advocate Rupesh Bhalshankar for Defendants present                              and filed vakalatnama for Defendant no.1, t.o.r.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Advocate Ms. Shivani Kunder for Plaintiff present
Advocate Mr. Rupesh Bhalchandra for Defendant no.1 present and filed draft Notice of Motion with affidavit in support of Notice of Motion along with Written Statement.  Leave to register Notice of Motion is granted.  Copy served upon Plaintiff\''s advocate.
Plaintiff is directed to serve copy of Chamber Summons upon Defendant no.1.
Case is adjourned to 12/02/2020 for Chamber Summons and NM reply.
L.O.
Advocate for plaintiff filed an application  for production of documents along with list of documents t.o.r. O-                                          Other side to say.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Advocate Shivani Kunder for Plaintiff present
Advocate Mr. Rupesh Bhalshankar for Defendant present and filed registered Notice of Motion no.4791/2019 with affidavit in support, t.o.r.
Case is adjourned to 09/03/2020 for Chamber Summons reply and NM reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Advocate Shivani Kunder for Plaintiff present and sought time to file reply to NM taken out by Defendant.
Advocate Rupesh Bhalshankar @ Defendants present and submitted that he will file reply on Chamber Summons itself.
                     ORDER ON CHS NO.2147 OF 2018
This Chamber Summons is taken out by Plaintiff for amendment in the plaint to implead commissioner of BMC as Defendant no.2 in this suit and for claiming permanent as well as temporary injunction against proposed Defendant no.2 along with consequential amendments.
Plaintiff has filed affidavit in support of Notice of Motion contending that at the instance of Defendant, officers of \''M\'' ward of BMC visited suit premises on 03/03/2018 and to dispossess Plaintiff from it as it is in dilapidated  condition, unsafe for staying. It is pointed out that earlier also BMC was impleaded as Defendant in this suit however advocate of BMC submitted before the court that no demolition notice was issued by BMC against Plaintiff therefore Plaintiff has deleted Defendant no.2 from the suit. Thereafter, officers of BMC issued notice dated 19/05/2018 to Plaintiff, hence according to Plaintiff BMC is necessary party to this suit.
Defendant has resisted Chamber Summons by filing reply contending that false contentions are raised in Chamber Summons and Plaintiff is intending to amend the suit for fresh cause of action against BMC. Previously Plaintiff had deleted BMC  from this suit.
Heard Plaintiff\''s advocate and Defendant\''s advocate.  If really any notice dated 19/05/2018 would have been issued by BMC against Plaintiff u/s 351 of BMC Act, it was expected that Plaintiff immediately should have challenged said notice by filing the suit before BMC  court which is specially established for entertaining the disputes which arise due to issuance of various notices by  BMC.  Any how, this court being special court for senior citizen and this court not being the court for entertaining the suit against BMC, I find that BMC can not be impleaded as party to this suit. Further, the notice dated 19/05/2018 is not related to the cause of action of  this suit and as already observed, Plaintiff will have to file separate suit for challenging said notice and said suit will have to be filed in BMC court.  For all above reasons, I find that when once Plaintiff has deleted ed BMC from this suit again for fresh notice issued by BMC, said authority can not be impleaded in this suit and Plaintiff may file separate suit challenging s aid notice however it is made clear that said suit will be subject to law of limitation. Hence, I proceed to pass following order-
                                     ORDER
Chamber Summons no.2147 of 2018 stands disposed off/dismissed.
Case is adjourned to 08/04/2020 for NM reply.
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: 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: 14-10-2020

Date: 14-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None present for plff.
None present for deft.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd. for NM hearing to 08.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalshankar for deft present.
As nobody is present for the plff, considering the present pandemic condition, matter is adjd. at same stage beyond summer vacation.
Matter is adjd. for NM hearing to 05.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for plff.
Adv Mr.Rupesh Bhalshankar for deft present.
As nobody is present for plff, considering the present pandemic condition so also, SOP issued by Hon’ble  High Court, matter is adjd. at same stage till next date.
Matter is adjd. for NM hearing to 01.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalchandra for deft No.1 present.
Despite granting several opportunities, plff failed to file reply to NM NO. 4791/2019 hence, said NM to proceed without reply of the plff.
As nobody is present for the plff, NM NO.2219/2018 of the plff be kept for dismissal order.
Matter is adjd. for NM hearing to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalchandra for deft present.
Heard argument of adv. for deft.in N.M.No.4791/2019.
K.B. for order.
L.O. at 5.10 p.m.
F.R.S.R. following order is passed in N.M.No.4791/2019.
                        ORDER
      Notice of Motion No.4791 of 2019 is allowed in terms of its prayer clause “a” subject to cost of Rs.5000/- (Five Thousand Rupees only)
	Defendant shall pay the amount of cost either directly to the plaintiff or shall deposit the same in the Court on or before next date.
                             ----
Matter is adjd. for compliance and dismissal order in N.M.No.2219/18 to 16.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalshankar present for deft.
Roznama shows that nobody has attended the matter for and on behalf of the plff since last many dates. Nobody is p resent for the plff today also. There is not propriety to keep pending the N.M.No.2219/2018 of the plff any further in absence of the plff as it appears that plff is not interested to prosecute the said NM hence, N.M.no.2219/2018 is dismissed in default for want of prosecution.
Matter is adjd. for draft issues to 19.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Due to Covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for plff.
Adv Rupesh Bhalshankar present for deft. and filed draft issues.
K.B.
L.O. at 11.25 a.m.
Issues framed below Exh.5.
Matter is adjd. for list of witnesses to 30.04.2022.
Judge
L.O. at 11.35 a.m.
Adv Shivani Kunder for plff present and submitted that plaintiff wants to take out notice of motion for restoration of his NM No.2219/2018 which is dismissed in default.
She is informed issues are framed earlier today.
Already adjd. for list of witnesses to 30.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: None present for plff.
Adv Mr. Rupesh Bhalshankar present for deft. and filed application Exh.6 to struck  off the right of plff to file list of witnesses.
O-Call say of plff.
Adv for deft filed list of witnesses on behalf of the deft at Exh.7.
Matter is adjd. for say to 06.07.2022.
Judge
L.O.at 12.00 noon
Adv Shivani Kunder for plff present and endorsed reply on application Exh.6 itself.
Already adjd. to 06.07.2022.
Next Purpose: REPLY
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present. Plaintiff is absent. As stated in the reply to Exh.6 the plaintiff has not filed the list of witnesses. Hence, case to proceed without list of witnesses. Exh.6 is disposed of accordingly.
Matter adjd to 06.09.2022 for plaintiffs evidence.
LO at 12.45 pm,
Adv.Rupesh Bhadshankar for deft. present.
Matter adjd to 06.09.2022 for Pltffs. Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None present plaintiff.
Adv. Rupesh Bhalshankar for Defendant present.
Defendant No.1 present.
the plaintiff filed to adduce evidence keep for dismissal.
Matter adjd to 18.11.2022 for dismissal.
Judge
Later on 11.40 am.
Adv. Ms. Shivani S. Kunder for plaintiff present.
Matter adjd to 18.11.2022 for dismissal.
Judge
LO at 01.35 pm
Adv. Ms. Shivani S. Kunder for plaintiff present. She filed application requesting to set aside order dated 06.07.2022 t.o.r. and marked as Exh.8.
The plaintiff filed draft notice of motion (set aside) a/w. Affidavit in support. O-Leave granted to register draft NM.
Plaintiff to serve Exh.8 and notice of motion a/w. affidavit to the defendant.
Matter already adjd to 18.11.2022 for dismissal/service affidavit.
Next Purpose: DISMISSAL
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: None present for both sides.
The plaintiff failed to tender registered NM No.4025/22, hence, said NM is kept for order. Service affidavit in respect of Exh.8 and NM 4025/2022 is not filed, hence, matter adjd to 08.02.2023 for NM order.
Judge
LO at 04.00 pm
Plaintiff and defendant present.
Adv.Shivani Kunder for plaintiff present and she tendered registered NM No.4025/22 a/w. affidavit in support.
Adv.Rupesh Bhalshankar for defendant present. He received copy of NM No.4025/22 a/w. affidavit and copy of Exh.8.
The Adv.for deft.filed say on Exh.8.
Heard both parties on Exh.8.
ORDER ON EXH.8
The plaintiff wants to file list of witnesses. Read the order dated 06.07.2022. Considering the reasons stated the plaintiff is allowed to file list of witnesses. Order dated 06.07.2022 directing the suit to proceed without list of witnesses is set aside. Application Exh.8 is disposed of accordingly.
The Adv.for the plaintiff filed list of witnesses t.o.r. and marked as Exh.9. Copy is received by the Adv.for deft.
Adv.for the defendant filed handwritten reply in NM No.4025/22.
Heard.
Following order is passed in NM No.4025/22.
ORDER
By this motion the plaintiff requested to set aside order dated 16.11.2021 dismissing the notice of motion 2219/2018 for default of the plaintiff. The motion is opposed by the defendant by handwritten reply below the motion. The motion No.2219/2018 has been dismissed for default as the plaintiff remained absent and failed to proceed with the same. On perusal of the roznama it is revealed that the plaintiff constantly remained absent after March 2020 till 06.09.2022. Since March 2020 till February 2022 time to time there were restrictions of lock-down due to pandemic. Inspite of passing of order on 16.11.2021 till 06.09.2022 the plaintiff failed to take steps in respect of said order. Now the plaintiff wants to proceed with NM 2219/2018. The plaintiff was not diligent, however, considering the reasons stated  in the interest of justice by giving an opportunity to the plaintiff I pass the following order.
ORDER
1. Notice of Motion No.4025/2022 is allowed subject to costs of Rs.500/- to be paid to the defendant.
2.Order dated 16.11.2021 dismissing the notice of motion No.2219/2018 for default, is set aside. It be restored on compliance of order.
3.  Costs shall be paid on or before next date, without fail.
4. Notice of Motion No.4025/2022 is disposed of accordingly.
Matter adjd to 08.02.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv.Shivani Kunder for plaintiff present.
Adv.Rupesh Bhalshankar for defendant present.
Read the order dated 18.11.2022 notice of motion 2219/2018 has been restored. Compliance as to payment of costs was made on 08.02.2023. Hence, as per the order dated 18.11.2022, notice of motion No.2219/2018 shall be restored physically and on CIS. Compliance be made.
The adv.for the plaintiff submits that sole defendant has expired on 17.02.2023. She requested time to take steps.
Matter adj. to 14.06.2023 for compliance / steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Adv. Shivani Kunder for plaintiff present
None for defendant
Matter is adjd.to 02-08-2023 for compliance/steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Shivani Kundan  for plaintiff present filed draft C/S with supporting affidavit for bringing the legal representatives of the sole deft. on record t.o.r. - O- Leave is granted to register the draft C/S.
Adv. Digambar Baikar h/f Adv. Rupesh Bhalchandra for proposed legal representatives of the deceased deft. Present and received copy of the draft C/S.
Matter is adjd.to 15-09-2023 for filing registered C/S by plaintiff and reply by proposed legal representatives.
Next Purpose: REPLY
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Matter pertains to C. R. 62
Adv. Shivani S. Kunder for plaintiff present she tendered registered C. S. No. 1386 of 2023 alongwith affidavit in support t.o.r.
Adv. Rupesh Bhalshankar for defendant present.
Matter is adjd.to   27-10-2023 for reply to C. S.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Shivani Kunder  for plaintiff present.
Adv. Rupesh Bhalshankar for legal heirs of deceased defendant present and he undertake to file vakalatnama on next date
Matter is adjd.to 02-12-2023 for filing vakalatnama
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: Adv. Shivani Kunder for plaintiff present.
Adv. Sulochana Sahu for defendant present.
Matter is adjourned to 13-02-2024.
Next Purpose: FOR___________________
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Adv. Shivani Kundan  for plaintiff present.
Adv.Rupesh Bhalchandra  for defendants present.
The Ld. Counsel for  proposed defendants no. 1(i) to 1(vi) moved application for taking vakalatnma t.o.r. marked as Exh.10
He filed vakalatnma t.o.r. marked as Exh.11
According to The Ld. Counsel for  proposed defendants the name of proposed defendant no. 1 (v) is Archanadevi daughter of Laltaprasad Yadav and not Khushboo Laltaprasad Yadav which is stated in the schedul annexed to the C/S. The Ld. Counsel for  plaintiff would make submission that as per her instructions the name of proposed defendant no. 1(v) is Khushboo and not Archanadevi. She would seek time to take instructions in that regard. Hence, the matter stands adjourned for clarification about the name of proposed deft. no. 1(v).
Matter is adjourned to  22-03-2024 for clarification about the name of proposed deft. no. 1(v).
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Adv. Shivani Kunder for plaintiff present and filed pursis hereby confirming the name of proposed defendant 1(v)as Archana instead Khushboo,  it is taken on record and marked as Exh.12
Adv. Rupesh Bhalshankar for defendant present.
Matter is adjourned to 26-04-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for defendant present.
F. R.S.R. following order passed  -
                                 ORDER
Chamber Summons No. 1386 of 2023 is allowed in terms of prayer (a) and (b) with clarification that one of the Lrs of deceased sole defendant lalta Prasad by name “Khushboo” appearing in Schedule to the chamber summons stands substituted by name “Archanadevi”. The plaintiff to carry out amendment in the plaint on or before next date and to serve the Lrs (proposed defendants) of the said deceased defendant with the writ of summons, copy of the amended plaint and the documents relied upon by the plaintiff. Chamber summons stands disposed of accordingly.
Matter is adjourned to 04-07-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Adv. Shivani Kundan for plaintiff present.
None for defendant.
Matter is adjourned to 04-09-2024 for filling of service of proposed defendant.
Next Purpose: SERVICE
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Shivani Kundan for plaintiff present and filed affidavit of service to proposed defendant. It is taken on record and marked as Exh.13.
Amendment vide order dtd.26.04.2024 is carried out and copy of amendment plaint is served to other side.
Adv. Rupesh Bhalshankar for defendants present.
Matter is adjourned to 19-10-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
None present.
Kept back at 02.45pm.
Later on
Adv. Shivani Kunder for plaintiff is present.
Adv. Rupesh Bhalshankar for defendant is present.
Advocate of defendant prays for time. It is pointed out that the first floor is in occupation of the plaintiff and ground floor is in occupation of then deceased defendant. Parties to maintain such status quo till next date. It is clarified that any aspect with regard to defendant or plaintiff interfering into each other rights is not adjudicated at this stage.
Advocate of defendant tenders application seeking time to file WS. It is taken on record and marked as Exh.14. O-Time granted till 27.11.2024. Adjourned on 27.11.2024 for WS, NM reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for all defendants present.
From the record it is seen that the no WS order has been set aside by order dtd. 05.10.2021 in NM No.4791/2019. It was subject to cost of Rs.5,000/-. Same is seen to be deposited on 22.10.2021 in due compliance of the order. It is seen from the record that the written statement is not exhibited and taken on record inspite of compliance of order in NM 4791/19 inadvertently. Considering the same WS is taken on record and marked today as exhibit.
Exh.15 - Written statement of defendant.
Ld. counsel of defendant tenders pursis of adopting the written statement of deceased defendant as their written statement. It is taken on record and marked as Exh.16.
Parties to comply provisions to CPC with regard to the pleadings if any.
Adjourned on 13.12.2024 for NM Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Shivani Kunder for plaintiff present and tenders additional affidavit in notice of motion No.2219/18 with regard to the contentions as regards to the added legal representative. It is taken on record and marked as Exh.17.  Copy be served on other side and other legal representatives. The plaintiff to examine the validity of the NM.
Adjourned on 09.01.2025 at 11.00am for NM Hearing.
Later on
Adv. Rupesh Bhalshankar for defendants present.
Copy of additional affidavit served to other side.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Gaikwad for defendants present and tenders additional reply to NM No. 2219/18. It is taken on record.
Advocate of defendant tenders draft notice of motion for condonation of delay for filing written statement alongwith WS. NM be registered as per rules. Copy served on other side. Other side to say. Copies of reply and NM served to other side.
Adjourned on 16.01.2025 for NM Reply to fresh NM, and Hearing of NM 2219/18.
Later on
Adv. Shivani Kunder for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Rupesh Bhalshankar for all defendants present.
KB
Later on
Same appearance.
Adv. Shivani Kunder for plaintiff present.
Heard both the sides on NM 237/25.
F.R.S.R. Following order is passed.
ORDER
Reasonable grounds made out. Considering the circumstances stated in the affidavit. In view of the said facts delay is condoned. Written Statement be taken on record. It is marked as Exh.18. Notice of Motion No.237 of 2025 is disposed off accordingly.
Heard both the sides on NM 2219/18.
F.R.S.R. Following order is passed.
ORDER
It is an admitted fact that the plaintiff is in occupation of the 1st floor of the premises and the defendant is in occupation of the ground floor. Considering the said there is alleged allegation of demolition through the municipal corporation who is not party to the present proceeding. Suffice to say that the above status is admitted by both the parties. Both parties to maintain status quo in that respect till disposal of the suit. This does not bar the parties to take recourse for their reliefs by following due course of law. Notice of Motion No. 2219 of 2018 stands disposed off accordingly. Parties to explore possibility of settlement.
Adjd. On 28.01.2025 for Filing Affidavit of Evidence and Documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for defendant present.
Adjourned on 24.02.2025 for Filing of Documents and Evidence.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None present for plaintiffs. Placed for passing order. Adjourned on 11.03.2025.
Later on
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for defendant present.
Next Purpose: ORDER
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: CORAM  HHPJ IS ON LEAVE
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for Defendant present.
Adjourned on 03.04.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for defendants present.
KB
Later on
Adv. Shivani Kunder for plaintiff present and tenders affidavit of evidence. It is taken on record and marked as Exh.19.
Advocate of plaintiff tenders documents alongwith list of documents. List is taken on record and marked as Exh.20. Documents subject to verification by Sheristedar.
Advocate of plaintiff submits that original ID documents are available with her and they are required and hence photocopies are filed on record. Notice be given to the defendants that they can inspect the original documents of IDs in advance or on the date of exhibiting them as the case may be. The plaintiff to keep the original in her custody during the course of her evidence and be ready to file originals if so required on directions of this court. Subject to this conditions photocopies will be considered for exhibiting while exhibiting the documents. Copies of the documents and affidavit be served on other side. By consent fixed on 08.05.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shivani Kunder for plaintiff present.
None for the defendants. Matter placed on 11.06.2025 for exhibiting and further cross examination.
Later on
Adv. Rupesh Bhalshankar for defendants present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for defendant present.
Documents at page No.1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13 and documents at serial No.14, 15, 16, 17, 18, 19, 21, 22, 23 have no objection hence exhibited. Electricity Bill no objection,
Advocate of defendant have objection to documents at serial No.2 and 4 hence are not exhibited.
Document at serial No.20 being certified copy exhibited.
Advocate of defendant have objection on document at serial No.24. The said document is proved through the witness hence exhibited.
Exh.21 - Photocopy of ration card bearing No. SC No.052123.
Exh.22 - Driving license No. MH03 19810017714 of Shriram Yadav.
Exh.23 - Aadhar Card of Shriram Yadav.
Exh.24 - Aadhar Card of Shivkumari Shriram Yadav.
Exh.25 - Domicile certificate of Rajkeshar Shriram Yadav.
Exh.26 - Domicile certificate of Sushmita Shriram Yadav.
Exh.27 - Aadhar Card of Rajkeshar Yadav.
Exh.28 - Aadhar Card of Sushmita Yadav.
Exh.29 - Aadhar Card of Anshika Yadav.
Exh.30 - Aadhar Card of Rakesh Yadav.
Exh.31 - Aadhar Card of Deepmala Yadav.
Exh.32 Colly. - RTI details alongwith extract of names in the survey identity card No.0641990.
Exh.33 Colly. - Driving license, voter ID card and Aadhar card of Harish Kumar Yadav and photocopy of death certificate dated 09.08.20222.
Exh.34 - Death certificate of Kewaladevi Harishkumar Yadav issued on 20.05.2014.
Exh.35 Colly. - Electricity Bills.
Exh.36 - Gas consumer card bearing No.12028192 of Shriram Yadav.
Exh.37 - Death certificate of Ram Lakhan Yadav issued on 25.04.2017.
Exh.38 Colly. - Certified copies of Complaint No.25/SW/18 before M.M. 57th Court at Kurla, Mumbai.
Exh.39 Colly. - Reply dated 06.02.2018 issued by Ration Officer.
Exh.40 - Letter bearing No.A.C.(M/E)30491/AEBF of 12.11.18 issued by Public Information Officer.
Exh.41 - Notice issued by BMC dated 19.05.2018.
Exh.42 Colly. - Advocates notice alongwith postal receipt and copy of NCR No.0302/2024 dtd. 06.02.2024.
By consent Adjourned on 18.06.2025 for Cross of PW-1.
Later on
Advocate of plaintiff filed application requesting for return of original documents. It is taken on record and marked as Exh.43. O- Original ID cards be returned by taking fresh photocopies on record with receipt.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Shivani Kunder for plaintiff present.
Defendant No.1 present.
Adv. Rupesh Bhalshankar for defendant No.1 present.
Adjourned on 27.06.2025 for Cross Examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: Plaintiff present his Adv. absent.
Adv. Rupesh Bhalshankar for defendant present.
Plaintiff seeks time by stating the reason that his learned Adv. is not keeping the well. Time granted on oral request.
Matter stands adjourned on 11/11/2025 for recording further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: Plaintiff present his Adv. absent.
None for defendant present.
Keep Back.
Later on.
Plaintiff present his Adv. absent.
None for defendant present.
Matter stands adjourned on 13/01/2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: Plaintiff present his Adv. absent.
None for defendant present.
Keep Back.
Later on.
Plaintiff present his Adv. absent.
Adv. Darpana Dagale for defendant present.
Keep Back.
Later on.
Adv. Shivani Kundal along with plaintiff present.
Adv. Bhalshankar for defendant present.
Witness present.
Mr. Salve gave one complaint on my behalf in Shivaji Nagar Police Station on 30/01/2018. Copy of the said compliant is filed along with the suit by me. It is at page No.69 of the plaint now shown me is same. It bears my signature and my Advocate. Its contents are correct. It is marked at Exhibit-44.
Copy of the another complaint dated 30/01/2018 lodged through Advocate Salve by me which is filed along with the suit by me. It is at page No.74 of the plaint now shown me is same. It bears my signature and my Advocate. Its contents are correct. It is marked at Exhibit-45.
Cross examination on behalf of defendant is commences and completed.
Adv. for plaintiff filed application. O-Allow in view of roznama dated 11/06/2025 as per rule. Taken on record and marked as Exhibit-46.
Later on.
Adv. Shivani Kundal along with plaintiff present and Not Press the application at Exhibit-46. O-It is not pressed after order but earlier order is of Honble PDJ so this is filed as not pressed.
Matter stands adjourned on 31/01/2026 for recording further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-01-2026

Date: 31-01-2026
Business: Plaintiff present his Adv. absent.
Adv. Rajeshree Patil h/f Adv. Rupesh for defendant present.
Keep Back.
Later on.
Adv. Shivani Kundal along with plaintiff present and filed application for adjournment. O-Adjournment allowed only. Taken on record and marked as Exhibit-47.
Adv. Rajeshree Patil h/f Adv. Rupesh for defendant present.
Matter stands adjourned on 26/02/2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: Adv. Sayyed B h/f Adv Shivani Kundal alongwith Plaintiff present.
None for defendant present.
Matter stands adjourned on 27-04-2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: Adv. Maheboob for plaintiff alongwith plaintiff present.
Adv. Darpana Dagale i/b Adv. Pupesh  Bhalshankar for all defendant present.
Adv for plaintiff has sought time to further lead of evidence. Hence, matter stands adjourned for further evidence.
Matter stands adjourned on 05-08-2026 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-08-2026

Date: 05-08-2026
Business: PO. is on official training.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/104791/2019
NOTICE OF MOTION/102219/2018
CHAMBER SUMMONS/102147/2018
CHAMBER SUMMONS/101386/2023
NOTICE OF MOTION/104025/2022
NOTICE OF MOTION/100237/2025

Registration Number: 101222/2018
Transfer Date: 06-08-2018
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 101222/2018
Transfer Date: 03-06-2019
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101222/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 101222/2018
Transfer Date: 18-10-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Registration Number: 101222/2018
Transfer Date: 24-06-2025
From Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 105109/2018
Filing Date: 09-04-2018
First Hearing Date: 20th July 2018
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE