Dhirendra Pratap Singh +1 moreVsRudrapratap Singh +2 more

Date: 10-07-2018
Business: None for plaintiff.
Issue writ of summons upon defendants through bailiff.
Matter adj. for Writ of Summons to 16.10.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: Adv. Mujib Khan for plaintiff present and filed affidavit of service.
None for defendant.
As per the bailiff report the defendants are served with the writ of summons. However, they have not entered  appearance.
Hence matter adj. for Appearance of Defendant to 16.02.2019.
Later on at 1.30 pm. Adv. Upadhyay for D-1 to 3 present and filed VP on  behalf of D-1 to 3.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Adv. Mujib Khan for plaintiff present.
Adv. Ms. Prerana for defendant present. and seeks time to file written statement.
Defendants have not filed written statement till today despite service of writ of summons long back. Hence suit to proceed without written statement.
Matter adj. for Exparte Evidence to 19.06.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. Mujim Khan for plaintiff present.
Adv. Prerana for defendant present.
Heard both sides. Ld. counsel for plaintiff submitted that he has to file evidence affidavit but there is possibility that defendant may seeks permission to file WS. Hence, prayed for adjournment.
Matter stands Adj for plaintiff\''s evidence to 05.08.19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. Mujib Khan for plaintiff present.
Adv. Shakti Upadhaya for defendant present.
Case is proceeded without WS of the defendant. On oral request of Ld. counsel for plaintiff adjournment granted for filing evidence affidavit.
Matter stands Adj for filing evidence affidavit to 20.09.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Adv. Mujib Khan for plaintiff present.
None present for defendant.
Matter stands Adj for Ex-parte evidence to 04.11.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv. Mujib Khan for plaintiff present.
Defendant no. 1 present.
At the request of Ld. counsel for plaintiff, Matter stands Adj for Ex-parte evidence to 16.12.19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Mujib Khan for plaintiff present.
Adv. Mulani for defendant present.
Matter stands Adj for Ex-Parte Evidence to 21.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. Mujib Khan for plaintiff present and seeks time to file evidence affidavit. Time granted.
None present for defendant.
Matter stands Adj for filing evidence affidavit to 26.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Mujib Khan for plaintiff present and seeks time to file evidence affidavit. Time granted.
None present for defendant.
Matter stands Adj for Ex-parte Evidence to 17.04.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Exparte Evidence to 29.01.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None present.
The case is adjourned to 09.03.2021  for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: As Court is busy in hearing arguments in SU No.6138/06 and other matters on board, morning session board is discharged.
The case is adjourned to 07.04.2021 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Advocate Mujib Khan for plaintiffs present.
The case is adjourned to 21.06.2021 for RE.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021  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: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Matter called out at 11.39 a.m.
None present.
Matter stands adjourned to 27.10.2021 for Ex-parte Evidence.
Later on 12.33 p.m
Deft. No. 1 present in person.
Matter already adjourned to 27.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Mujib Khan for plaintiff present.
He tendered affidavit of evidence. TOR. Exh.3.
He also filed list of documents. Exh.4
O-Production allowed.
Matter stands adjourned to 07.12.2021 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Matter called out at 11.59 a.m.
Adv. Mujib Khan for plaintiff present.
Plaintiff witness present.
None present for defendant.
At the request of plaintiff\''s advocate, matter stands adjourned to 05.02.2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: The court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Matter called out at 11.52 a.m.
Adv. for plaintiff present. He tendered application for permission to file certified copy of certificate issued by Byculla Police station. Exh.5.
O-Production allowed.
In view of certified copy produced by the plaintiff the document at Sr. No.3 of list of Exh.4 is marked as Exh.6.
None present for defendant.
Plaintiff tendered closing pursis. TOR. Exh.7.
Closed for hearing.
Matter stands adjourned to 05.05.2022 for exparte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Adv. Mujib Khan for plaintiff present.
None present for defendant.
As court is busy in hearing in Kaccha. Com. 50/2022.
Matter stands adjourned to 04.07.2022 for exparte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: None present.
Kept back.
Later on called out at 12.25 p.m.
Adv. Mujib Khan for plaintiff present.
Adv. Prerna Mulani h/f Adv. Mangesh Patel for defendant present.  She is seeking time to take steps.
Matter stands adjourned to 11.08.2022 for exparte evidence/steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Mujib Khan for plaintiff present.
Adv. Ragini Dhandrut for defendant present. She tendered draft NM a/w affidavit in support.
O-Leave granted to register.
Draft NM handed over to the defendant for registration.
She also tendered WS. TOR.
Copy served to the plaintiff.
Matter stands adjourned to 11.10.2022 for reply on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Mujib Khan for plaintiff present.
Adv. Shakti Upadhyay for defendant present.
K.B.
Later on mentioned at 4.28 p.m.
Adv. Mujib Khan for plaintiff present.
Adv. Shakti Upadhyay for defendant present. He tendered reg. NM No.3313/2022.
Heard both the sides.
Plaintiff has no objection for allowing the NM No.3313/2022 for condonation of delay for filing WS. Hence, NM No.3313/2022 is hereby allowed. Delay is condoned.  WS is taken on record which is already tendered. NM No.3313/2022 stands disposed of accordingly.
WS is marked as Exh.08.
Heard both the sides on the point of framing issues.
Issues framed below Exh.09.
ISSUES
1.	Do the plaintiffs prove their previous possession within 6 months 	from the date of filing of suit ?
2.	Do the plaintiffs prove that the defendants have dispossess them 	without following due procedure of law ?
3.	Are the plaintiff entitled for the relief sought ?
4.	What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Matter stands adjourned to 15.12.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Mujib Khan for plaintiff present.
Witness present.
None present for defendant.
Put up for no cross order.
Matter stands adjourned to 24.02.2023 for no cross order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Mujib Khan for plaintiff present.
Adv. Mangesh Patel for defendant present.
Copy of evidence and document is supplied to the defendant.
Put up for cross-examination.
Matter stands adjourned on 17.04.2023 for recording evidence
P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None present.
Matter stands adjourned on 28.06.2023 for R. E. (P.H.)
Later on at 11.22 a.m.
Adv. Mujib khan for plaintiff present.
Matter already adjourned on 28.06.2023 for R. E. (P.H.)
Later on at 12.07 p.m.
Adv. Shakti Upadhyay for defendants present.
Matter already adjourned on 28.06.2023 for R. E. (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: None for Plaintiff present.
Adv Mangesh Patel for defendant present.
Witness absent.
Matter stands adjourned on  29-08-2023 for evidence closing order/dismissal order.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Adv Jujib Khan for Plaintiff present.
Adv Mangehs Patel for defendant present.
Witness is present.
Adv for defendant filed say on the documents Exh.4 filed by the Plaintiff.
It is seen that earlier matter was proceeded ex-party and at that time the documents filed along with Exh. 4 were marked. The Plaintiff then closed his evidence. Latter on defendant filed his W.S by condoning the delay and issues were framed. Today the matter was kept for cross examination of the Plaintiff. Defendant is ready for cross examination however, it was seen that say of defendant on list of documents Exh.4 was not given hence, defendant was given opportunity to file say to the document Exh.4. Defendant has filed reply to the document Exh.4. He denied all the documents. He submitted that hearing be taken on all the documents hence, heard defendant and Plaintiff on Exh.4.
Heard both sides.
Matter stands adjourned on 25-10-2023 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv Mujib Khan present for Plaintiff.
None present for Defendant.
Sr no. 5 of Exh.4 referred in para of affidavit Exh.3 is marked at Exh.10
Sr No. 6 Bank Pass book of father referred in affidavit of para 6, it is marked Exh. 11.
Sr No. 7 OC of letter dtd. 28.05.2018 referred in affidavit of para 8, it is marked at Exh.12.
Matter stands adjourned on 18-01-2024 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: This court newly formed on 02.01.2024.
Matter transferred from CR NO.3.
None for plaintiff.
None for defendant.
PW-2 absent.
Due to newly formation of this court and change of assignment matter is adjourned by cross examination by PW-2 by the defendant as last chance.
LO at 12.25 PM..
Adv. Mujib Khan for plaintiff present.
PW-2 present.
LO at 12.35 PM..
Adv. Mangesh Patel for defendant present.
Matter adjourned for cross examination by PW-2 to 08-02-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
PW-2 absent.
Adv. Ragini  i/b Adv. Mangesh Patel for defendant present.
PW-2 under cross is absent. The Ld. counsel for the defendant is present.  No explanation by the plaintiff.  Matter is old one and part heard hence, the matter to be proceed further. Hence, evidence of PW-2 is closed due to absence of PW-2.
Matter adjourned for further evidence if any  to 07-03-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv. Hritik K. Phapale i/b Mangesh Patel for defendants present.
Defendant No.1 in person present.
KB.. at 11.50 am..
Adv. Muzhif Khan for plaintiff present and adjournment application t.o.r and marked as Exh.13 O- Defendant to say.
Adv. for defendant given say overleaf on Exh.13. O-
Order below Exh.13.
      Read application praying for adjourned the matter also perused say.  Heard both. Both counsel submitted in the light of their respective contentions on this application.  Admittedly matter is for further evidence if any by plaintiff as on previous date the matter proceeded due to failure of PW-1 to keep himself present for offering cross-examine to defendant. Today plaintiff intends to adjourn the matter as the intends to filed notice of motion against the order passed on previous date.  Therefore considering the prayer as to adjournment, this application is allowed to the extent of grant of adjournment only.
Matter adjourned for further witness by plaintiff/ RE P.H.  to 27-03-2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: The P.O. is on Leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-05-2024

Date: 06-05-2024
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.
Plaintiff and his counsel is absent no further evidence if any is going to be tendered by the plaintiff hence, matter is posted for passing further order against the plaintiff.
Matter adjourned for  passing further order against plaintiff   to 26-06-2024.
Adv. Mujib Khan for plaintiff present and filed draft NM anongwith affidavit in support O- Leave granted to register NM.
Adv. Hritk K. Phapale i/b adv. Mangesh M. D. Patel for defendants present and received copy of draft notice of motion.
Matter adjourned for  passing further order against plaintiff / filing NM reply  to 26-06-2024.
Next Purpose: ORDER
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Mujib Khan for plaintiff present and tendered registered NM No.2073/24 alongwith affidavit in support. TOR.
Defendant No.1 in person present.
None for defendant Nos.2 and 3.
Matter adjourned for NM reply by defendant  to 26-07-2024.
Lo at 3.30 pm.
Adv. Mangesh Patel for defendant present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Defendant no. 1 is present along with his adv. Hritik Phapale i/b Adv. Mangesh Patel and he filed say overleaf on NM no. 2073/24
Matter adjourned for NM Hearing to 04.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: None for plaintiffs.
Defendant no. 1 is present.
KB
Later on at 03.15 pm.
None for plaintiffs.
Defendant no. 1 alongwith his Advocate Hritik Papale is present.
Matter is adjourned for NM hearing to 11/11/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiffs.
Defendant No.1 alongwith his Adv. Rakhi Dhandrut for defendants is present.
Heard advocate Rakhi Dhandrut for defendants.
F. R.S.R. following order is passed in Notice of Motion No.2073 of 2024 -
ORDER
    1. Notice of Motion is allowed in following terms-
        a. Order of closure of evidence of plaintiffs passed by my Ld. Predecessor on 08.02.2024 is hereby set aside subject to payment of costs of Rs.2,000/- (Rs. Two Thousands Only) by plaintiffs in total to the defendants No.1 to 3, as a condition precedent and on or before the next date.
        b. On payment/deposit of costs by plaintiffs as ordered above, plaintiffs are permitted to adduce their further evidence.
    2. Accordingly, Notice of Motion No.2073 of 2024 stands disposed off.
Matter adjourned for compliance to 03-01-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: The Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: None for plaintiffs.
Defendant No.1 a/w his Adv. Prerna Mulani h/f Adv. Mangesh Patel for all defendants is present.
Matter adjourned for compliance to 09.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiffs.
Defendant No.1 a/w his Adv. Ragini Dhandrut i/b Mangesh M. D. Patel is present.
K.B.
Later on at 4.00 p.m.
None for plaintiffs.
Order dated 11.11.2024 is not yet complied. As plaintiff No.2 who is witness No.1 for plaintiff is not present and the order of NM not complied, therefore no opportunity to cross the witness. As such the examination in Chief given vide Exh-03 needs to be strucked off. It follows that the plaintiff failed to lead any evidence as such suit is dismissed in default. Accordingly Suit No.1487/2018 stands disposed off. R and P be sent to Record Department.
Nature Of Disposal: DISMISSED
Disposal Date: 09-07-2025

NOTICE OF MOTION/103313/2022
NOTICE OF MOTION/102073/2024

Registration Number: 101487/2018
Transfer Date: 17-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 107314/2018
Filing Date: 04-06-2018
First Hearing Date: 10th July 2018
Decision Date: 09th July 2025
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE