Date: 19-07-2019
Business: Advocate Mr. Pankaj Bhat @ Plaintiff present and filed registered Notice of Motion no.2528/2019 with affidavit in support, t.o.r.
Defendant present.
Court is busy in hearing NM in suit no.234/19 and court has to dictate order in suit no.6072/06, case is adjourned to 16/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Advocate P. M. Bhat @ Plaintiff present
Defendant no.1 present and submitted that his advocate is out of Mumbai hence matter may be adjourned. It is made clear that Plaintiffs argument about NM no.2528/19 will be started today and if possible said argument will be completed today itself and if not it will be continued tomorrow because at 5.20 p.m. Plaintiff\''s advocate has started his arguments. It is further submitted that, after Plaintiffs argument about said NM, matter can be adjourned for Defendants arguments.
Heard arguments of Plaintiffs advocate about NM no.2528/19. It is submitted that Defendants are served with writ of summons and copy of Notice of Motion on 08/07/2019 and inspite of it till today Defendants have not filed their reply to NM. It is argued that suit premises is commercial premises in which Plaintiff was doing his business as goldsmith however Defendants ave forcibly dispossessed Plaintiff from suit premises and Defendants have started residing in suit premises thereby Defendants have prevented Plaintiff from doing his business and thereby Defendants have changed the user of suit premises hence landlord of suit premises may give notice to Plaintiff for vacating suit premises for change of its user. Advocate for Plaintiff referred copy of report lodged by Defendant no.2 with V.P. Road police station, Mumbai on 13/12/2018. In said report Defendant no.2 has alleged that Plaintiff has outraged modesty of Defendant no.2 by pulling her hair and by touching her breast. According to advocate for Plaintiff said false report is filed with the intention to pressurize Plaintiff and to deprive Plaintiff from entering into suit premises. It is argued that Defendant no.1 who is real son of Plaintiff and husband of Defendant no.2 has instigated Defendant no.2 to file said false report with police however due to the CC Tv footage of suit premises in which alleged incident was recorded, police concluded that Plaintiff has not done any bad thing as alleged and hence Plaintiff could be saved. According to advocate for Plaintiff Defendants have no right to prevent Plaintiff from entering into the suit premises and to continue its occupation as suit premises is commercial one used for earning bread and butter by Plaintiff. Lastly, it is submitted that Plaintiff has filed documents like rent receipt, shop and establishment Act license, electricity bill of suit premises to show that Plaintiff is tenant in suit premises and Plaintiff has right to occupy it. Hence, according to advocate for Plaintiff, Notice of Motion should be made absolute. As such, arguments of Plaintiffs advocate in respect of Notice of Motion no.2528/19 heard.
Case is adjourned to 19/09/2019 for Defendants arguments without reply to Notice of Motion no.2528/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Advocate Jani for Plaintiff present
Advocate A. K. Hussain for Defendant present and filed vakalatnama, t.o.r. and sought time to file NM reply. Considering submissions adjourned.
Case is adjourned to 24/09/2019 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Advocate Jani for Plaintiff present and submitted that court has already observed in roznama dated 16/09/2019 that Defendants arguments about NM will be heard without reply to the NM, hence reply of NM can not be accepted on behalf of Defendants.
Advocate C. A. Wahid for Defendants submitted that he is intending to file reply to NM no.2528/19.
Advocate Jani for Plaintiff submitted that court has already observed in roznama dated 16/09/2019 that Defendants arguments about NM will be heard without reply to the NM, hence reply of NM can not be accepted on behalf of Defendants.
I have given serious consideration to the submissions made by parties. It is made clear that, on 16/09/2019 this court has observed that court will hear arguments of Defendant without NM reply because Defendants had not filed reply till that date and today as Defendants advocate is intending to file NM reply I find that no prejudice will be caused if said reply will be accepted on the contrary it will amount to decide NM on merits, hence reply filed by Defendants to NM no.2528/19 is t.o.r. Defendants advocate served copy of said NM reply upon Plaintiff\''s advocate who is submitted that he will file rejoinder to reply filed by advocate for Defendants to Notice of Motion.
Case is adjourned to 30/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Mr. Devash Nath for plaintiff present.
Adv. Mr. C.A.Wahid for defendant present.
Both the ld. Advs. Submitted that parties to the Suit are thinking for settlement hence, matter may be adjourned.
Considering submission matter may be adjourned for N/M Hearing.
Case is adjourned to 12.10.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2019
Date: 30-09-2019
Business: Adv. Mr. Devash Nath for plaintiff present.
Adv. Mr. C.A.Wahid for defendant present.
Both the ld. Advs. Submitted that parties to the Suit are thinking for settlement hence, matter may be adjourned.
Considering submission matter may be adjourned for N/M Hearing.
Case is adjourned to 12.10.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2019
Date: 12-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Advocate Jani @ Plaintiff present
Advocate C. A. Wahid @ Defendant present
Parties signed referral letter hence matter be referred for mediation.
Case is adjourned to 15/11/2019 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: court is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-12-2019
Date: 15-11-2019
Business: court is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Mediation report received as failed.
Advocate Mr. P.M. Bhat for Plaintiff present
Advocate Ms. Viral Bhatia for Defendant present and filed vakalatnama, t.o.r.
Heard arguments of advocate for Plaintiff.
On request of advocate for Defendant, case is adjourned to 16/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: None present for Plaintiff.
Advocate Ms. Khushbu Rajger for defendant present.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 12/03/2020.
L.O.
Advocate Mr. P. M. Bhat for Plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Advocate Mr. Jani for Plaintiff present
None present for Defendants.
Already Plaintiff\''s arguments about NM are heard, Defendant are not present for NM arguments, it seems that Defendants are not interested in NM arguments, hence case is adjourned to 21/03/2020 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 01/07/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Business: None present for Plaintiff.
None present for Defendants.
It appears that already argument is advanced by the plaintiff. On last date defendant was absent. Today also defendant and his advocate absent. Hence, on next date if defendant fails to remain present, the court will be compelled to pass the necessary order on Notice of Motion.
Hence, case is adjourned to 27/08/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM ORDERS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: Due to covid-19, none present.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: Due to covid-19, none present.
Hence, matter is adjd. to 30/09/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent. Order is partly dictated. Case is adjourned to 03/10/2020 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-10-2020
Date: 30-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent. Order is partly dictated. Case is adjourned to 03/10/2020 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: NM allowed as per F.R.S.R. order has passed.
Nature Of Disposal: ALLOWED
Disposal Date: 03-10-2020
