Date: 10-11-2020
Business: Adv. Madhuri Narawane for plaintiff present and filed original NM no. 1641/20 along with affidavit.
Adv. Kapasi for defendant present and filed VP and WS. Copy served on other side. He further submitted that he is seeking leave of the court for filing additional WS, if found necessary, as defendant is not served with complete set of documents.
Vakalatnama filed on behalf of defendant.
WS filed on behalf of defendant. TOR.
Heard Ld. counsel for both the sides regarding the ad-interim relief granted by the court. Ld. counsel for defendant took strong objection to the ad-interim relief granted by the court on the ground that plaintiff has obtained the order from the court on 21.10.2020 on the basis of evidence affidavit stating that the defendant has been served on 20.10.2020, as per postal track report. However, as per postal track report the envelope was delivered to defendant on 22.10.2020 containing copy of plaint along with Exhibits, but NM was not served and some of the documents/photographs were not served. Now, Ld. counsel for plaintiff has served the copy of NM and photographs etc.
In view of the above, he submitted that plaintiff has not come to court with clean hands and obtained the interim order by misleading the court. Hence, the interim relief is liable to vacated.
Ld. counsel for defendant seeks time to filed reply to NM, as copy is served to him today.
After hearing both the sides, ad-interim relief granted by this court on 21.10.2020 is hereby vacated and defendant is granted three weeks time to file reply to NM.
Ld. counsel for plaintiff submitted that even today the defendant is carrying out some work on the suit site inspite of the interim order. Therefore, she is filing another motion alongwith some photographs. Oral request to take out another motion is granted with the directions to serve the copy on other side and file the photographs on record along with the list on the next date.
Ld. counsel for plaintiff filed draft NM along with affidavit. Leave granted to register draft NM. Copy served on other side.
Matter stands Adj for filing reply to both NM filed plaintiff and compliance by plaintiff to 07.12.2020.
Next Purpose: REPLY
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv. Madhuri Naravane for plaintiff present.
Adv. Kapasi for defendant present and filed two reply affidavit in NM no. 1641/20 and another draft NM.
By consent of both parties, Matter stands Adj for NM hearing to 06.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Ms.Madhuri Naravane for Plaintiff present and tendered original Notice of Motion No.1873/20 along with affidavit in support of Notice of Motion. T.O.R.
Plaintiff shall remove office objections on or before next date and get the suit registered before next date.
Advocate Pal for defendant present.
The case is adjourned to 16.01.2021 for NM hearing.
LO at 1.15pm
Adv. Ms.Madhuri Naravane for Plaintiff present and filed affidavit in rejoinder. TOR and marked as Exh.4.
O-Seen.
Advocate for Plaintiff submits copy of Exh.4 is already served on advocate for defendant.
Already the case is adjourned to 16.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None for Plaintiff.
Defendant present.
Advocate Kapasi for defendant present.
Plaintiff failed to get the suit registered.
KB
LO at 11.58am
Same appearance.
The case is adjourned to 18.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Advocate Dsilva for plaintiff present and seeks time to remove the office objections.
Time is granted as last opportunity.
Advocate Akhileshwar Sharma for defendant present.
The case is adjourned to 23.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Advocate Ms. Narawane for plaintiff present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion. R/o
Advocate Akhileshwar Sharma h/f adv. Kapasi for defendant present.
Copy of draft NM served on advocate for defendant.
The case is adjourned to 15.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Matter called out at 12.24 p.m.
Adv. Madhuri Naravane for plaintiff present.
Adv. for defendant absent.
Keep back till afternoon session
Later on
None present for plaintiff and defendant.
Matter stands adjourned to 22.09.2021 for NM reply/ rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Matter mentioned at 3.09 p.m.
Adv. Madhuri Naravre for plaintiff present.
Adv. Q. S. Kapasi for defendant present.
The draft NM is handed over to the plaintiff. Time extended to register the same.
Matter stands adjourned to 18.11.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Court is on leave. Hence, board discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Sana Shaikh h/f Madhuri Naravane for plaintiff present.
None present for defendant.
As court is busy in final hearing in SU No.7165/2001
Matter stands adjourned to 25.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Intern Sayed Mohsin on behalf for Adv. Madhuri Naravane for plaintiff present.
None for defendant.
Matter stands adjourned to 14.07.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Reema Maurya h/f Adv. M. Narawane for plaintiff present. She is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 08.09.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Plaintiff a/w Adv. Neelam Gupta present.
None present for defendant.
Defendant failed to file reply to NM No.2306/2021, hence, proceed further.
Plaintiff is directed to tendered reg. NM No.2306/2021 on record.
Put up for NM Hearing.
Matter stands adjourned to 22.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Neelam Gupta for plaintiff present. She tendered reg. NM No.2306/2021. TOR.
None present for defendant.
Matter stands adjourned to 30.01.2023 for NM reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Neelam gupta for plaintiff present.
None for defendant.
Matter stands adjourned on 28.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Nilam Gupta I/b Adv. Madhuri Maravane for plaintiff present. She is seeking time. Time granted.
None present for defendant.
Matter stands adjourned on 27.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Adv Sonali Gadekar for Plaintiff present
None for defendant present.
Exh.5. Adv for Plaintiff filed application for inspection of the proceedings. O- Granted.
Matter stands adjourned on 04-09-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: None present.
Matter stands adjourned on 06-11-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: None present for Plaintiff.
Advocate Madhuri Narvade present for Defendant and she seeks time for Notice of Motion hearing. Order - Time granted.
Matter stands adjourned on 30-01-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
None for plaintiff.
None for defendant.
Matter is for hearing . Due to formation of new court and change of assignment last chance granted for hearing /further order.
Matter adjourned for NM hearing/further order to 27-02-2024.
LO at 3.20 pm
Adv. Kamini Yadav i/b Adv. Madhuri Naravane for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
When called none present hence, last chance granted to plaintiff and defendant to argue the NM.
Matter adjourned for NM hearing to 27-06-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Perusal of roznamas would show that the Notice of motion No.1641/2020, for issuance of temporary prohibitory injunction against the defendant not to disturb plaintiffs possession over the suit premises, is pending for hearing from 06.01.2021. During the pendency of above notice of motion the plaintiff taken out another Notice of Motion No.1873 of 2020, for appointment of receiver. Later, the plaintiff taken out Notice of Motion No.2306/2021, for interim mandatory and prohibitory injunction , seeking the possession of suit premises from the defendant and to restrain the defendant from creating third party interest in the suit premises.
It further appears from the roznama that the plaintiff is continuously absent from 04.09.2023, (except the date 30.01.2024, on which advocate of the plaintiff appeared later on) and not prosecuting the above notice of motions. The hearing on above notice of motions was adjourned as a last chance on 19.04.2024.
Notice of Motion No.1641/2020, is appears to become infructuous in view of filing of Notice of Motion No.2306/2021. Record shows that the plaintiff availed more that sufficient time and opportunity to proceed with the notice of motion. However he remained absent. This shows that the plaintiff is not interested to prosecute all above 3 notice of motions.
ORDER
1. All above 3 Notice of Motion Nos.1641/2020, 1873/2020 and 2306/2021 are hereby dismissed for want of prosecution.
2. Any ad-interim relief granted earlier is hereby vacated.
Matter is adjourned for filing draft issue to 21.09.2024.
Nature Of Disposal: DISMISSED
Disposal Date: 27-06-2024