Date: 03-07-2018
Business: Due to heavy rainfall and problem of local trains, parties and advocate are absent. Hence, board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-07-2018
Date: 07-07-2018
Business: By precipe.
Adv. Shah for the Plaintiff present.
Exh.3Application filed by the plff for seeking extension of time to serve writ of summons. t.o.r. Time is extended till next date.
Already matter is adjd. to 2.08.2018.
Next Purpose: SERVICE
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: Adv. Mr. Pankaj Shah for the Plaintiff present.
Vakalatnama of the plff. t.o.r.
Application tendered by the plff for reissuance of writ of summons to deft no. 1. t.o.r. Reissue writ of summons, as prayed.
Matter is adjd. to 6.09.2018 for proof of service of writ of summons of the deft nos. 1 and 2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Business: Adv. Mr. Pankaj Shah for the Plaintiff present.
Adv. Ms. Rimi Jain for Defendant no. 2 present.
She undertakes to file her Vakalatnama on next date and prayed for adjournment for filing W.S.
Application filed by the plff for issuance of writ of summons to deft no. 1 by substituted service. t.o.r. Allowed as prayed.
Matter is adjd. to 21.11.2018 for proof of service of writ of summons of deft no. 1/ W.S by deft no. 2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Adv. Mr. Pankaj Shah for the Plaintiff present.
Adv. Mr. Vignesh Ayyar for Defendant nos. 1 and 2 present.
Affidavit of service tendered by the plff. t.o.r.
Vakalatnama tendered by deft no. 1 and 2. t.o.r O-filed.
Matter is adjd. to 6.03.2019 for written statement by defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Resumed.
Adv. Ganguli for plaintiff is present.
Adv. Rimi Jain for defendant nos. 1 and 2 tendered draft NM with affidavit and written statement of def. no. 1. She also tendered draft NM with affidavit and written statement of def. no. 2. Leave to register is granted.
Adjd for NM reply to 18.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Resumed.
The P.O. is busy in hearing final arguments in Suit No. 8152/2000 and 9420/2000 and NM orders in Suit No. 563/2019. For want of time the board is discharged.
Adjd for NM reply to 12.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 12-07-2019
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Vignes Iyer h/f Adv. Yogita Shah for defendant nos. 1 and 2 present.
Registered NM is not tendered by the defendant.
Reply to both the Notice of Motions is filed by the plaintiff. TOR.
Deft. to tender registered NM or or before next date. In case defendant failed to tender registered NM the Court will proceed further in accordance with law.
Adjourned for compliance and NM hearing to 16.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Jain for both the defendants present.
Register NM no.1211/19 and 1212/19 tendered by the defendants.
Heard Ld. Advocate for defendants and plaintiff on NM no. 1211/19 and NM no. 1212/19.
Order below Notice of Motion No. 1211/19
This Notice of Motion is tendered by defendant no. 2 seeking the condonation of delay of 215 days in filing the written statement. Heard. The Ld. counsel for the defendant no. 2 submitted that the defendant no. 2 wish to rely upon the documents which are more than 30 years old and it took considerable time for defendant no. 2 to trace out the same. Therefore there is delay in filing the written statement and same be condoned.
The plaintiff opposed the notice of motion on the count that sufficient cause has not been established by the defendant no. 2 and therefore the Notice of Motion needs to be dismissed in limine with costs.
The reason assigned by the defendant no. 2 that the considerable time was consumed by the defendant no. 2 to trace the documents which are more than 30 years old does not sound proper. The defendant no. 2 is a association and the time is required by the association to trace the document appears to be unacceptable. But at the same time the defendant no. 2 intends to prosecute the matter. Therefore, there should not be hyper technical and pedantic approach in dealing with such type of Notice of Motion. The substantial rights of the parties are involved and therefore Notice of Motion needs consideration. Hence, it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1211/2019 is made absolute in terms of prayer clause (a) subject to costs of Rs. 5,000/- to be paid to the plaintiff by the defendant no. 2 within a period of four weeks from today.
2. The payment of costs is subject precedent.
3. Notice of Motion is disposed of accordingly.
4. After payment of cost within stipulated time, written statement be taken on record.
________________________________________________
Order below Notice of Motion No. 1212/19
This Notice of Motion is tendered by defendant no. 1 seeking the condonation of delay of 96 days in filing the written statement. Heard. The Ld. counsel for the defendant no. 1 submitted that the defendant no. 1 wish to rely upon the documents which are more than 30 years old and it took considerable time for defendant no. 1 to trace out the same. Therefore there is delay in filing the written statement and same be condoned.
The plaintiff opposed the notice of motion on the count that sufficient cause has not been established by the defendant no. 1 and therefore the Notice of Motion needs to be dismissed in limine with costs.
The reason assigned by the defendant no. 1 that the considerable time was consumed by the defendant no. 1 to trace the documents which are more than 30 years old does not sound proper. The defendant no. 1 is a society and the time is required by the society to trace the document appears to be unacceptable. But at the same time the defendant no. 1 intends to prosecute the matter. Therefore, there should not be hyper technical and pedantic approach in dealing with such type of Notice of Motion. The substantial rights of the parties are involved and therefore Notice of Motion needs consideration. Hence, it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1212/2019 is made absolute in terms of prayer clause (a) subject to costs of Rs. 5,000/- to be paid to the plaintiff by the defendant no. 1 within a period of four weeks from today.
2. The payment of costs is subject precedent.
3. Notice of Motion is disposed of accordingly.
4. After payment of cost within stipulated time, written statement be taken on record.
________________________________________________
Adjourned for compliance to 19.10.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: None present for plaintiff.
Adv. Rimi Jain for both the defendants present.
Application filed on behalf of defendants for production of documents. O-Production is allowed.
The Ld. Advocate for the defendants have filed the photocopy of the letter of the advocate of the defendants which bears the acknowledgment of the advocate for the plaintiff. By the said letter the defendants have issued two cheques of Rs. 5,000/- each in favour of the plaintiff. The defendants were directed to pay the costs of Rs. 5,000/- within a period of four weeks from the date of order. The order was dated 16.9.2019. It appears that the defendants have complied with the order. There is nothing from the side of the plaintiff to dispute about the same. Hence written statement be taken on record.
Written statement of defendant no. 1.
Written statement of defendant no. 2.
Adjourned for issues to 21.12.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Rimi Jain for defts. present.
Draft issues tendered by plaintiff and defendant. T.O.R.
Exh.11 Issues framed.
The matter is adjd for filing list of witness/evidence to 23.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Jain for deft. present.
Exh.12 Affidavit of evidence of PW-1 Nivrutti Bhausaheb Thosar.
Exh.13 Compilation of documents.
O. - Call say of defendant.
Verification of PW-1 is completed.
The matter is adjd for say on Exh.13 to 19.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present for plaintiff
Adv. Rimi Jain for defendants present
In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 29/06/2020 at 11.00 a.m. for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 21.12.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
Adv. Wakharia for deft. nos.1 and 2 present.
The matter is adjd for evidence to 18.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Yunus for defts. present.
Ld. counsel for defts. submitted that there is some discrepancy in the documents supplied to him. Ld. Counsel for plaintiff submitted that he is ready to provide the copies of those documents. Corrected copy is supplied to counsel for defts. Hence, matter is adjourned for reply and hearing on admissibility of documents.
The matter is adjd for reply and hearing on admissibility of documents to 05.04.2021.
Next Purpose: REPLY
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Shah for plaintiff present.
Adv. Harshad Damania for deft. present.
The matter is adjd for say on admissibility of documents to 23.06.2021.
Next Purpose: REPLY
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 20/08/2021.
Next Purpose: REPLY
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. Pankaj Shah for plff is present.
Adv. Yunus Vakhasia for deft is present.
Say on Exh.13 filed by deft t.o.r marked as Exh.13-A.
Matter adjd for hearing on Exh.13 on 04.10.2021.
Next Purpose: HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Pankaj Shah for plaintiff is present.
None for defendant.
Heard Adv.for the plaintiff. Matter adjourned by way of last chance.
Matter adjd for marking of documents on 26.10.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Archana Gatte for plaintiff is present.
Adv. Yunus Vakhariya for defendant is present.
PW No.1 Nivrutti Thosar is present.
On oral request of plaintiff adjourned for hearing on Exh.13.
Matter adjd.to 01/02/2022 for hrg.on Exh.
Next Purpose: HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv Pankaj Shah for pltff present.
Adv Suyash Kalbhor for deft present.
As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 28/03/2022 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv Pankaj Shah for pltff present.
Adv Shaikh for deft present.
Matter is adjd to 21/06/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Asad Ulla Shaikh for defendant is present.
Hearing on admission and denial KB till 03.00 p.m.
LO at 4.00 p.m.
The Ld. Adv.for defendant denied the admission of all the documents. In support of his contention he relied upon various authorities. As the defendant did not admit any of the documents, the plaintiff to prove the same by examining witnesses.
Matter adjd to 18.08.2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. P. S. Shaha for plaintiff is present.
Adv. Asad Ulla Shaikh for defendant is present.
Matter adjd to 04.11.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. P. H. Shah for plaintiff is present.
P.W.-1 Nivrutti Thosar is present.
Adv. Hasanulla for defendant Nos.1 and 2 is present.
Exh.14 - Original sale deed dated 17/06/2017.
Exh.15 - Original general power attorney dated 17/06/2017.
Exh. 16 - Original affidavit dated 17/06/2017.
Exh.17 - Original Adhar card.
Exh.18 - Original election identity card.
Exh.19 - Original ration card.
Exh.20 - Original invoice dated 02/04/2018 issued by Manjiri and Co. cash distributor.
Exh.21/1 to Exh.21/3 (colly.) - Electricity bill dated 09/01/2018, 08/02/2018 and 10/03/2018.
Exh.22 - Letter dated 15/01/2018.
Matter adjd to 05/01/2023 for cross-examination of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Archana Gatte for plaintiff is present.
Adv. Shaikh for defendant nos. 1 and 2 is present and tendered draft NM a/w affidavit in support of it. O- Leave granted to register.
Matter adjd to 08.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Suyash Kalbhor for defendant is present.
The Ld.Adv.for defendant is hereby directed to tender original registered NM on record.
Matter adjd to 17.06.2023 for tender original NM and reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Harshal Damania for defendant is present and tendered original registered NM No.136/2023 a/w affidavit in support. TOR.
The Ld. Adv. for plaintiff filed reply on NM No.136/2023. TOR.
The Ld. Adv. for defendant filed rejoinder on NM. TOR.
Matter adjd to 18.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Jainendra Sheth h/f Adv. Yogita Singh for defendant is present.
On oral request of Ld. Adv. for defendant, last chance is granted to argue the NM.
Matter adjd to 05.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Hasan Mulla Shaikh for defendant no. 1 and 2 is present.
Heard both sides.
Matter adjd to 27.09.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh a/w Jainandra Sheth for defendant is present.
F.R.S.R following order is passed on Notice of Motion No. 136 of 2023.
ORDER
1. Notice of Motion No. 136 of 2023 stands rejected.
2. Notice of Motion stands disposed off accordingly.
Matter adjd to 28.11.2023 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Hasrat Shaikh for defendant is present.
PW-1 is present.
On oral request of Ld. Adv. for defendant matter is adjourned for cross examination.
Matter adjd to 30.01.2024 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: P. O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: Not on board taken on board by praecipe Exh. 23
None present for plaintiff.
Adv. Jainendra Sheth for defendant is present and filed order passed in Writ Petition No. 1369/2024 dated 05.02.2024 along with pursis Exh. 24. TOR.
The Honble High Court is pleased to direct to decide Notice of Motion filed by defendant within 4 weeks from the date of order positively. Suit is posted on 04.03.2024. Hence, hearing of suit is prepond to 12.02.2024. Defendant is directed to give notice to the plaintiff. Private service allowed on oral request.
Matter adjd to 12.02.2024 for affidavit of service.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Adv. Pankaj Shah a/w Bipin Mishra for plaintiff is present.
Adv. Asadullah Shaikh a/w Jainendra Sheth for defendant is present.
Notice of Motion No. 136/2023 is restored in view of Judgment and order passed in Writ Petition No. 1369/2024 passed by Honble High Court on 05.02.2024.
Notice of motion 136/2023 is taken out for hearing with consent.
The Adv. for plaintiff has filed application Exh. 25 seeking permission to file additional affidavit. TOR. Copy served on other side. Defendant to file reply.
Heard both advocates on NM No. 136/2023.
F.R.S.R following order is passed in Notice of Motion No. 136 of 2023
ORDER
1. Notice of motion no. 136 of 2023 is allowed in the following terms with no order as to cost -
(a) The sale deed dated 17/06/2017 Exhibit-14 is hereby impounded and forwarded to the Collector Stamps by keeping a verified copy of the sale deed on record.
(b) The plaintiff is directed to take steps before Collector of Stamps forthwith as per law as the matter is Time Bound suit to proceed further.
2. Notice of motion is hereby disposed off.
Plaintiff filed xerox copy of agreement marked as Article A. TOR. O- Issue letter to Collector office.
Matter adjd to 29.02.2024 for compliance.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Adv. Pankaj Shah for plaintiff is present and made statement that the office of Collector stamp will take further one month to assess the document. The matter is time bound hence issue letter to collector stamp requesting him to complete the work of assessment of tax/stamp duty expeditiously i.e. on or before next date of hearing as the matter is made time bound by the Honble High Court.
Adv. Saba Shaikh for defendant is present.
Matter adjd to 19.03.2024 for compliance.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Hasadullah Shaikh for defendant is present.
Await report from Collector Stamp.
Matter adjd to 30.03.2024 for cross examination.
L.O at 1.50 p.m
Report received from Collector Stamp Exh.26. TOR.
Matter already adjd to 30.03.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Hasadullah Shaikh for defendant is present and seek time to file reply on document. O- Time granted as last chance. Matter is time bound, hence no further adjournment will be granted in this matter.
Matter adjd to 05.04.2024 for reply.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Adv. Pankaj Shah a/w Bipin Shah for plaintiff is present.
Adv. Hasdullah Shaikh for defendant is present.
PW-1 is present.
Cross examination of PW-1 commenced and partly concluded.
Matter adjd to 16.04.2024 for further cross examination of PW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Plaintiff is present.
Adv. Pankaj Shah for plaintiff is present.
Adv. Hasadullah Shaikh a/w Saba Shaikh for defendant is present.
PW-1 is present.
Further cross examination of PW-1 is commenced and partly concluded.
During cross examination list marked as Exh.27 and Ration Card marked as Exh.28.
Matter adjd to 20.04.2024 for further cross examination of PW-1 at 12.00 p.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Adv. Pankaj Shah for plaintiff is present and filed application Exh.29 seeking permission for production of document. TOR. Copy served on other side.
Adv. Hasadullah Shaikh a/w Jayendra Shaikh for defendant is present.
PW-1 is present.
With consent matter adjd to 23.04.2024 for further cross examination of PW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Hasadullah Shaikh for defendant is present.
PW-1 is present.
Further cross examination of PW-1 is commenced and partly concluded.
Adv. for defendant is filed list of documents Exh.30. TOR. O- Production allowed.
Matter adjd to 04.05.2024 for further cross examination of PW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: Adv. Pankaj Shah for plaintiff is present and filed application Exh.31. TOR. Copy served on other side.
Adv. Hasadullah Shaikh a/w Saba Shaikh for defendant is present.
PW-1 is present.
Further cross examination of PW-1 is commenced and concluded.
During cross examination copy of water consumption bill dated 18.04.2024 along with application marked as Exh.32 and bill dated 18.04.2024 marked as Exh.33 and list of members marked as Article A and Aadhar Card marked as Article B.
The Ld. Adv. for plaintiff has filed evidence close pursis Exh. 34. TOR.
Matter adjd to 10.05.2024 for evidence of defendant at 12.00 p.m
L.O at 5.00 p.m
In the morning session the Ld. Adv. for defendant gave undertaking to tender document Article A and B along with the list however till this time he did not tender the list and documents.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: Not on board taken on board Exh.35
Adv. Bipin Mishra h/f Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh i/b Singh for defendant is present and tendered document Article A and B along with the list.
Matter already adjd to 10.05.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: None present for plaintiff.
Adv. Asadullah Shaikh for defendant is present and seek time to lead evidence. O- Time granted as last chance since matter is time bound.
Matter adjd to 13.06.2024 for evidence of defendant.
L.O at 1.15 p.m
Adv. Bipin Mishra h/f Pankaj Shah for plaintiff is present.
Plaintiff is present.
Matter already adjd to 13.06.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Adv. Pankaj Shah for plaintiff is present.
None present for defendant.
KB
L.O at 12.13 p.m
Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant no.1 and 2 is present and filed evidence affidavit Exh.36. TOR. Copy served on other side.
He also filed compilation of documents Exh.37. TOR. Copy already served on other side.
He also filed reply to Exh.29 and 31. TOR and marked Exh.29A and 31A. Copy already served on other side.
DW-1 Babasaheb Ambadas Bhalerao is present and admit the contents of evidence affidavit on S. A hence read and recorded.
Matter adjd to 18.06.2024 for admission denial and cross examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Adv. Pankaj Shah for plaintiff is present and filed reply to list Exh.37 and marked Exh.37A. TOR.
Adv. Asadullah Shaikh for defendant is present.
DW-1 is present.
KB
L.O at 12.30 p.m
Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant is present.
DW-1 Babasaheb Bhalerao is present.
The document at serial no.1 is copy of resolution passed by defendant no.1. The document at serial no.2 is minutes of meeting dated 18.11.2018. The original minutes book is tendered for inspection. Copy on record is as per original. Original is verified and return to the witness. Document at serial no.3 is letter address to police station by the defendant’s society. Document at serial no.4 is the list of members submitted to police station. Document at serial no.5 is letter dated 23.06.1993. Document at serial no.6 is letter dated 21.04.1993 issued by defendant no.1 society. Document at serial no.7 is the list of members. Document at serial no.8 is the letter dated 09.10.2016 address to defendant no.1 society. Document at serial no.9 is notice dated 23.10.2016. Document at serial no.9 is the receipts issued by the society. The original receipt book is tendered for inspection. The copies of receipts on record are as per original. Receipt book is return to the witness. The document at serial no.10 is NC complaint lodged by Chairman of defendant no.1. Document at serial no.11 is letter dated 04.11.2016 and 15.10.2017 address to defendant no.1 society. Document at serial no.12 is payment receipts and photographs. Document at serial no.13 is complaint letter dated 23.10.2017. Document at serial no.14 is application under RTI dated 10.05.2024. The plaintiff has denied all the documents except document at serial no.7 by filing reply. The document at serial no.1 is the copy of resolution and document at serial no.2 is the minutes of meeting dated 18.11.2018. The document at serial no.3 to 11, 13 and 14 is the correspondence made by defendant no.1 society and list of members of defendant no.1 society. The contents of document at serial no.1 to 11, 13 and 14 are proved from the oral evidence of DW-1. The relevancy of document will be considered at the time of and hearing of suit. Documents are taken on record. Documents except serial no.12 are taken on record and marked Exh.38 to 51.
Document at serial no.1 is certified copy of the resolution of the Managing committee meeting held on 18.11.2018 as Exhibit A marked as Exh.38.
Document at serial no.2 is copy of the minutes of meeting dated 18.11.2018 as Exhibit B marked as Exh.39.
Document at serial no.3 is original letter dated 20.01.1993 issued by the defendant no.1 society to the senier inspector of police as Exhibit C marked as Exh.40.
Document at serial no.4 is original list of members affected during riots is annexed hereto as Exhibit D marked as Exh.41.
Document at serial no.5 is original letter dated 23.06.1993 to the project officer, Res. Zone Hutment Remedial Project, Bandra East, along with list of 43 members and plant annexted thereto of PMGP is produced as Exhibit E marked as Exh.42.
Document at serial no.6 is original letter dated 21.04.1993 issued by Chairman, Bombay Housing and Area Development Board, the said Authority to the concerned authority as Exhibit F marked as Exh.43.
Document at serial no.7 is original list bona fide members as Exhibit G makred as Exh.44.
Document at serial no.8 is original letter dated 09.10.2016, recording the estimate of work and payment received from the society as Exhibit H marked as Exh.45.
Document at serial no.9 is original notice dated 23.10.2016, showing cost of repair of the office as Exhibit I marked as Exh.46.
Document at serial no.9 is copy of receipt book showing payments received from members annexed as Exhibit J marked as Exh.47.
Document at serial no.10 is original N.C lodged by chairman of defendant no.1 with the local police station, Ghatkopar as Exhibit K marked as Exh.48.
Document at serial no.11 is original letters dated 04.11.2016 and 15.10.2017 issued by Jay Malhar Pratishtaan as Exhibit L-1 and Exhibit L-2 marked as Exh.49.
Document at serial no.13 is original letter dated 23rd October 2017, written by defendant no.1 society to the police Exhibit as N marked as Exh.50.
Document at serial no.14 is RTI dated 10.05.2024 and postal receipt as Exhibit O marked as Exh.51.
Cross examination of DW-1 is commenced and partly concluded.
Matter adjd to 24.06.2024 for further cross examination of DW-1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Plaintiff is present.
Adv. Saba Shaikh h/f Asadullah Shaikh for defendant is present.
DW-1 absent.
L.O at 12.20 p.m
Plaintiff present and his advocate absent.
DW-1 absent.
The suit is time bound. Parties are directed to co-operate for early decision of suit. O- Time granted on oral request of plaintiff and Adv. for defendant.
Matter adjd to 04.07.2024 for cross examination of DW-1.
L.O at 12.50 p.m
Adv. Pankaj Shah for plaintiff is present.
Matter already adjd to 04.07.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Plaintiff is present.
Defendant no.2 present.
Adv. Asadullah Shaikh for defendant is present.
DW-1 present.
During cross examination documents along with list marked as Exh.52. Document at serial no.1 and 2 marked as Exh.53 and 54.
Further cross examination of DW-1 is commenced and concluded.
The Adv. for defendant seek time to lead further evidence. O- Time granted.
Matter adjd to 25.07.2024 for further evidence of defendant on the request of both advocates.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Plaintiff present.
Adv. Suhas Pawar i/b Asadullah Shaikh for defendant is present and seek time. O- Time granted as last chance.
Matter adjd to 31.07.2024 for further evidence of defendant.
L.O at 12.05 p.m.
Adv. Pankaj Shah for plaintiff is present.
Matter already adjd to 31.07.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: NOB TOB
High Court Writ received from Board Department on 26.07.2024 ( In. No. 11181 dated 24.07.2024) in Writ Petition No.1369/2024. Honble High Court Justice Milind N. Jadhav, J. has passed following order on 05.02.2024.
ORDER
P.C.
The learned Trial Court is requested by this Court to dispose of S. C. Suit No.1424 of 2018 as expeditiously as possible and preferably within a period of ten months from today strictly in accordance with law.
Matter already adjd to 31.07.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Suhas Pawar h/f Adv. Asadullah Shaikh for defendant is present.
KB
L.O at 12.10 p.m.
Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant is present and filed evidence affidavit Exh.55 along with compilation of documents Exh.56. TOR. Copy served on other side.
DW-2 Leonard Salins present and admits contents of affidavit on S.A hence read and recorded.
Matter adjd to 06.08.2024 for admission denial.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Adv. Pankaj Shah for plaintiff is present and filed reply to documents. TOR and marked Exh.56A. Copy served on other side.
He also filed application Exh.57. TOR. Copy served on other side.
Adv. Asadullah Shaikh for defendant is present.
DW-2 present.
Matter adjd to 07.08.2024 for reply and admission denial.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant is present and filed reply on Exh.57 marked as Exh.57A. TOR.
Heard both advocate for the parties.
Application Exh.57 is filed to struck of statement of witnesses which are beyond the pleadings. It is settle that the evidence beyond the pleadings is required to be excluded from its consideration. It is also stated that there is no provision in the Code of Civil Provision to struck of statements which are beyond pleadings or irrelevant statements. In this back drop the objection raised on behalf of plaintiff is kept open and will be consider at the time of final decision of suit. The application Exh.57 is disposed off in the above terms.
The defendant has filed documents along with list at Exh.56.
The plaintiff has filed reply and admitted document at serial no.5 and 17. Hence, document at serial no.5 and 17 are taken on record and marked Exh.58 and 59.
The document at serial no.5 is original municipal approved plan showing the 43 tenements and one additional room to served as a community centre marked as Exh.58.
The document at serial no.17 is original letter dated 24th April 2018 of defendant no.2 sent in response to the Plaintiffs advocate letter dated 5th April 2018 marked as Exh.59.
Document at serial no.1 is the extract of minutes of meeting of the Board of Directors of defendant no.2 held on 27.08.2021. The document at serial no.2 and 3 are the copies of minutes of meeting held on 27.08.2021 and on 25.01.1993. The original is tendered. The copies are as per original.
The document at serial no.4 is office copy of construction order dated 16.02.1993 issued by defendant no.2 in favour of contractor. The document at serial no.6 is no objection certificate issued by MHADA in favour of defendant no.1. The document at serial no.7 is extract of minutes of the meeting of Board of Directors of defendant no.2 held on 03.06.1993. Original is tendered. The copy is as per original. The document at serial no.8 is the list of tenants prepared by defendant no.1. The document at serial no.9 and 13 are the annual report of defendant no.2. The document at serial no.10 is copy of letter of MHADA. The Adv. for plaintiff has no objection to mark document at serial no.10 in evidence. The document at serial no.12 is the internal correspondence of defendant no.2. The document at serial no.14, 15 and 16 are the complaint letters made to concern police station and BMC by defendant. The document at serial no.18, 19 and 20 are the letters address to defendant no.2. The document at serial no.21 is the report prepared by defendant no.2. The document at serial no.22 is the letter address to defendant no.2. From the contents of report and letter at serial no.21 and 22 it is seen that they are not relavant for decision of suit. The contents of document at serial no.1 to 4, 6 to 16 and 18 to 20 are proved from the evidence of DW-2, the General Secretary of defendant no.2.
The Ld. Adv. for plaintiff objected the document on the ground that they are not relevant for decision of suit and are not in accordance with law. The objection on behalf of plaintiff is recorded. The document at serial no.1 to 4, 6 to 16 and 18 to 20 are taken on record and marked Exh.60 to 77 subject to objection raised on behalf of plaintiff. The admissibility of document will be consider at the time of final decision of suit.
The document at serial no.1 is original extract from the minutes of the meeting of the Board of Directors of defendant no.2 held on 27th August, 2021 marked as Exh.60.
The document at serial no.2 is copy of minutes of meeting dated 27th August, 2021 marked as Exh.61.
The document at serial no.3 is copy of the relevant extract of the minutes of the meeting held on 25th January, 1993 marked as Exh.62.
The document at serial no.4 is office copy of construction order dated 16th February, 1993 marked as Exh.63.
The document at serial no.6 is original of NOC dated 3rd March, 1993 granted by Rajiv Gandhi Zopadpatti Sudhar and Niwara Prakalp Project of MHADA marked as Exh.64.
The document at serial no.7 is copy of the relevant extract of the minutes of the meeting of the Board of Directors of the Bombay YMCA held on 3rd June, 1993 marked as Exh.65.
The document at serial no.8 is office copy of list of 43 tenants marked as Exh.66.
The document at serial no.9 is original Annual report 1992-93 marked as Exh.67.
The document at serial no.10 is letter dated 21st April, 1994 marked as Exh.68.
The document at serial no.11 is report of the meeting held on 13th February 1993 marked as Exh.69.
The document at serial no.12 original letter of the YMCA General Secretary’s letter dated 29th December, 1993 addressed to the then Secretary at the YMCA Ghatkopar Branch marked as Exh.70.
The document at serial no.13 is original 119th (1993-94) Annual report of the YMCA marked as Exh.71.
The document at serial no.14 is original letter dated 6th November, 2017 of defendant no.2 to Sr Police Inspector, Ghatkopar marked as Exh.72.
The document at serial no.15 is original letters dated 7th November, 2017 written by the defendant no.2 to the concerned police marked as Exh.73.
The document at serial no.16 is 8th November, 2017 written by the defendant no.2 to the conerned police marked as Exh.74.
The document at serial no.18 is original letter dated 30th August, 1997 marked as Exh.75.
The document at serial no.19 is original letter dated 6th November, 1997 marked as Exh.76.
The document at serial no.20 is original letter dated 14th August, 1998 marked as Exh.77.
Matter adjd to 17.08.2024 for cross examination of DW-2.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Plaintiff is present and seek time on the ground of ill health of advocate on record. O- Time granted with consent.
Adv. Asadullah Shaikh for defendant is present.
DW-2 is present.
Matter adjd to 20.08.2024 for cross examination of DW-2.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant is present.
DW-2 present.
Cross examination of DW-2 commenced and concluded.
The Ld. Adv. for defendant made statement that defendant do not want to lead further evidence and undertake to tender evidence close pursis during the day. Statement is recorded.
The Ld. Adv. for defendant filed evidence close pursis Exh.78. TOR.
Matter adjd to 09.09.2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: Adv. Bipin Mishra h/f Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant no.1 and 2 is present.
On oral request of both advocate.
Matter adjd to 12.09.2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: Adv. Bipin Mishra h/f Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant is present.
Partly heard Adv. for defendant. Court time is over.
Matter adjd to 13.09.2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh for defendant is present.
Argument of defendant is completed.
Matter adjd to 19.09.2024 for argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Adv. Pankaj Shah a/w Adv. Bipin Mishra for plaintiff is present and filed written submission Exh.79. TOR. Copy served on othe side.
Adv. Asadullah Shaikh a/w Adv. Saba Shaikh for defendant is present.
Argument of Adv. for plaintiff is completed.
Matter adjd to 30.09.2024 for Judgment.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Not on board taken on board
None present for plaintiff.
Adv. Asadullah Shaikh for defendant is present and filed written argument Exh.80. TOR. Copy served on other side.
Matter already adjd to 30.09.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: Adv. Pankaj Shah for plaintiff is present.
Adv. Asadullah Shaikh a/w Adv. Saba Shaikh for defendant is present.
Judgment at Exh.81
F.R.S.R. following order is passed
ORDER
1. Suit is dismissed with costs.
2. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 30-09-2024