Date: 10-07-2019
Business: Adv. Lavle for plaintiff present.
Issue writ of summons to the defendant.
Adjourned for service affidavit to 11.9.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Ravi for plaintiff present.
The ld. Counsel for the plaintiff seeks time to file affidavit of service of writ of summons.
Adjourned for affidavit of service of writ of summons to 23.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Supriya Gurav for plaintiff present.
Affidavit of service filed by the plaintiff.
It appears that defendant nos. 1 was served on 5.8.2019 and the defendant no. 2 was also served. None present for defendant nos. 1 and 2. Hence suit to proceed exparte against defendant nos. 1 and 2.
Adjourned for exparte evidence to 8.1.2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: None present for plaintiff.
Adjourned for ex-parte evidence.
The matter is adjd for ex-parte evidence to 06.03.2020.
L.O.
Adv. Supriya Gurav for plaintiff present.
The matter is already adjd for ex-parte evidence to 06.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Ravi for plaintiff present. Plaintiff present.
Ld. counsel for plaintiff seeks time to file evidence. Granted.
The matter is adjd for evidence to 16.06.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Plaintiff alongwith adv. Ravi Chidurala present
Plaint
Vakalatnama
Memorandum of Address
List of documents.
Plaintiff files affidavit of examination-in-chief
List of documents.
Verification of the evidence of the plaintiff on oath completed. Adjd for hearing and admissibility of documents to 07/12/2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv. Supriya Gurav for plaintiff present.
Ld. counsel for plaintiff seeks time to file additional affidavit of plaintiff. Granted.
The matter is adjd for evidence to 04.01.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present.
The matter is adjd for evidence to 08.02.2021.
L.O.
Adv. Sandip Satkar for plaintiff present. He seeks time for adducing evidence. Granted.
The matter is already adjd for evidence to 08.02.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Satkar for plaintiff present.
Application for leading additional evidence.
O. - Read application. In the interest of justice, permission is granted to plaintiff to lead additional evidence.
Additional evidence of PW-1 Vikrant Ravikant Chelekar.
Verification of PW-1 is completed.
List of documents.
ORDER BELOW EXH.6 AND 6-A
Heard. Document at Sr. no.1 of list (Exh.6) is photocopy of sketch plan, hence it is not marked as exhibit. Document at Sr. no.2 of list (Exh.6) is original share certificate bearing the name of PW-1 overleaf of it and is 30 years older hence, it is marked as exhibit. Document at Sr. no.3 of list (Exh.6) is allotment letter issued in the name of PW-1. There is evidence to that effect. Hence, it is marked as exhibit. Document at Sr. no.4 of list (Exh.6) is certified copy of development agreement. No permission is sought to lead secondary evidence, hence it cannot be marked as exhibit. Document at Sr. no.5 of list (Exh.6) is office copy of the letter bearing the signature of PW-1. It is marked as exhibit. Document at Sr. no.6 of list (Exh.6) is original letter received by the plaintiff, hence it is marked as exhibit. Document at Sr. no.7 of list (Exh.6) is office copy of letter issued by plaintiff to the society. Hence, it is collectively marked as exhibit. Document at Sr. no.8 of list (Exh.6) is letter received by the plaintiff from deft. no.1, hence it is marked as exhibit. Document at Sr. no.9 of list (Exh.6) is letter, the copy of which, is received by the plaintiff hence, it is marked as exhibit. Document at Sr. no.10 of list (Exh.6) is the letter issued by plaintiff\''s advocate to the society, the office copy of which is tendered along with the acknowledgement, hence it is collectively marked as exhibit. Document at Sr. no.11 of list (Exh.6) is the report to the Sr. Police Inspector filed by plaintiff, the office copy of the said complaint bearing plaintiff\''s signature and endorsement of the concerned police station can be admitted in evidence hence the document is marked as exhibit. Document at Sr. no.12 of list (Exh.6) is the photocopy hence, it is not marked as exhibit. Document at Sr. no.13 of list (Exh.6) is original Adhar card of plaintiff, hence it is marked as exhibit. Document at Sr. no.14 of list (Exh.6) are the original gas connection bills, those are collectively marked as exhibits. Document at Sr. no.15 of list (Exh.6) are the original bill with the statement of payment. Those are collectively marked as exhibits. Document at Sr. nos.16, 17, 18, 19 of list (Exh.6) are the office copy of the letter issued by the advocate of the plaintiff. Those are marked as exhibits but document at Sr. nos.18 and 19 are collectively marked as exhibits. Document at Sr. no.20 of list (Exh.6) is the reply received by the plaintiff from the advocate of deft. no.1. It is marked as exhibit. Document at Sr. no.21 of list (Exh.6) are the photographs but as the data card or negatives are not filed hence, those are not marked as exhibits. Document at Sr. no.22 of list (Exh.6) are electric bills. Those are collectively marked as exhibits.
Document at Sr. no.1 of list (Exh.6-A) is certified copy of Index-II, hence it is marked as exhibit. Document at Sr. no.2 of list (Exh.6-A) is a sketch plan. There is no evidence as regards the said sketch plan, hence the same cannot be marked as exhibit.
Share certificate.
Allotment letter.
Original office copy of application dated 27.09.17.
Original letter dated 30.01.18.
Office copy of letter dated 17.02.18.
Original letter dated 19.02.18.
Original letter dated 03.03.18.
Office copy of letter dated 06.03.18.
Office copy of police complaint dated 12.03.2018.
Original Adhar Card.
Original gas connection bills.
Society maintenance bill along with payment statement.
Original letter dated 20.08.2018.
Office copy of notice dated 20.08.2018.
Office copy of notice dated 03.10.2018.
Office copy of notice dated 03.10.2018.
Original reply dated 01.11.2018.
Original electricity bills.
Certified copy of Index-II.
The matter is adjd for further evidence to 10.03.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Supriya Gurav for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to lead further evidence. Granted.
The matter is adjd for evidence to 07.04.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: In view of the office order no.73/21 dated 06.04.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for evidence to 14.07.2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 16.09.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None present.
Matter adjd for ex-parte evidence on 07.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: In view of Office Order No. 290/21, P.O. is attending 40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, Hence matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Supriya Gurav for pltff present.
None for deft.
On oral request of the adv for pltff, Matter is adjd to 29/06/2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: P.O. is on leave. Matter is adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Plaintiff is present.
Adv. Supriya Gurav for plaintiff is present.
None present for defendant.
The Ld.Adv.for plaintiff has filed an application for leading secondary evidence t.o.r marked as Exh.27.
It is submitted that the plaintiff wants to get the certified copy of development agreement. It further contended that the original registered document is in custody of defendant no.1. The index (II) copy of above said documents is at Exh.26. Thus,considering the submissions and the fact that already the index (II) copy of said document is marked exhibited. Hence, the application Exh.27 stands allowed. Certified copy of development agreement is marked as Exh.28.
Already suit proceeded ex-parte against defendant nos.1 and 2 vide order dtd. 23.10.2019.
KB for filing pursis.
LO at 135 p.m.
Same appearance.
The Ld. Adv.for plaintiff has filed evidence closing pursis t.o.r marked as Exh.29.
Matter adjd to 05.12.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. Supriya Gurao for plaintiff is present and sought adjournment. Granted.
Matter adjd to 07/01/2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Plaintiff is present.
Adv. Dinesh Chouhan for plaintiff is present.
None present for defendant.
The plaintiff has filed written notes of argument t.o.r marked as Exh.30.
Matter adjd to 27.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Jignesh Chouhan for plaintiff is present.
Judgement delivered in open Court below Exh.31.
F.R.S.R following order is passed-
ORDER
1. SU No. 1512/2019 is hereby decreed with cost.
2. Defendant no.1 is hereby directed to execute registered deed of the permanent alternative accommodation in favour of the plaintiff in respect of suit flat.
3. Defendants are hereby restrained by an order of permanent injunction from disturbing the peaceful possession of the plaintiff over the suit flat.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 27-01-2023