Date: 12-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Court is busy in hearing of HCTB NM in suit no.2489/12, hence board of second session is discharged and case is adjourned to 23/09/2019.
Advocate Mr. Akash Kotecha for Plaintiff present
Advocate Mr. Jadhav for Defendant present
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019
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.
Nature Of Disposal: DISMISSED
Disposal Date: 30-01-2020