Date: 07-08-2019
Business: Advocate for Plaintiff present filed registered Notice of Motion no. 2999/2019 with affidavit in support, t.o.r. He also filed original writ of summons, t.o.r.
None present for Defendant.
Court is busy in recording evidence in suit no.305/88 and suit no.569/05, hence case is adjourned to 07/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Advocate Ravindra Singh for Plaintiff present and filed preceipe for submitting that matter may be preponed.
Advocate Rudra Pillai for Defendants present and filed vakalatnama of advocate Mr. Yogendra Kanchan of Defendants, t.o.r. He also filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused for filing Written Statement. Leave to register Notice of Motion is granted. Copy served upon advocate for Plaintiff.
Heard.
F.R.S.R. following order has passed-
ORDER
1. Draft Notice of Motion is made absolute in terms of prayer clause (a) and (b) of draft Notice of Motion and Written Statement of Defendants be accepted.
2. Draft Notice of Motion be registered for statistical purpose.
Exh.3 Written Statement filed by Defendant nos.1 to 3 is t.o.r. O-Read and recorded.
On request of advocate for Plaintiff, case is adjourned to 15/10/2019 by preponing the date for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 25-09-2019
Business: Advocate Ravindra Singh for Plaintiff present and filed preceipe for submitting that matter may be preponed.
Advocate Rudra Pillai for Defendants present and filed vakalatnama of advocate Mr. Yogendra Kanchan of Defendants, t.o.r. He also filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused for filing Written Statement. Leave to register Notice of Motion is granted. Copy served upon advocate for Plaintiff.
Heard.
F.R.S.R. following order has passed-
ORDER
1. Draft Notice of Motion is made absolute in terms of prayer clause (a) and (b) of draft Notice of Motion and Written Statement of Defendants be accepted.
2. Draft Notice of Motion be registered for statistical purpose.
Exh.3 Written Statement filed by Defendant nos.1 to 3 is t.o.r. O-Read and recorded.
On request of advocate for Plaintiff, case is adjourned to 15/10/2019 by preponing the date for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Advocate Ravindra Singh for Plaintiff present and filed rejoinder to NM reply filed by Defendant no.1 to 3.
Advocate Yogendra Kanchan for Defendant no.1 to 3 present
Case is adjourned to 18/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Advocate Mr. Ravindra Singh for Plaintiff present and submitted that on next date arguments about NM will be advanced. Considering submissions adjourned.
Advocate Mr. Yogendra Kanchan for Defendant present
Case is adjourned to 18/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 14-02-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-05-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 21-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: In view of lockdown case is adjd. to 04.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 09-06-2020
Business: In view of lockdown case is adjd. to 04.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: Adv.Mr.Saraogi for plaintiff present.
No one present for defendants.
It seems that due to Corona epidemic defendants and their advocates have not turned to the Court, hence for giving fair opporutnity to parties adjd for arguments for ad-intrim reliefs.
Matter is adjd to 09/09/2020 for ad-interim reliefs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Adv.Mr.Saraogi for plaintiff present.
Adv. Yogendra Kanchan present for defendant No.1 to 3 and submitted that NM reply of defendant nos.1, 2 and 3 is ready but it is to be affirmed and 24 hours time as per SOP will be required for affirmation of said reply and affidavit.
Considering submissions matter adjd. to 14/09/2020. Meanwhile defendant nos.1 to 3 to get their affidavit affirmed.
Plaintiff\''s adv. Mr.Saraogi submitted copy of reply to additional affidavit of plaintiff is served upon plaintiff.
Defendant No.2 present.
Matter is Adjd. for afirmed affidavit and hearing for Ad-interim relief to 14/09/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: Adv.Mr.Saraogi for plaintiff present.
Adv. Yogendra Kanchan present for defendant No.1 to 3 filed affidavit of defendant no.2 which is in response to the additional affidavit filed by plaintiff in NM No.2999/2019. Said affidavit to which copies of documents are annexed is taken on record. Copies of affidavit and documents are served upon plaintiff\''s Adv. Mr.Saraogi.
Plaintiff\''s Adv.Mr.Saraogi filed rejoinder to the affidavit of defendant no.2. Said Rejoinder taken on record. Copy of said rejoinder is served upon adv. For defendant nos.1 to 3.
By consent Matter is Adjd. for NM hearing to 18/09/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2020
Date: 14-09-2020
Business: Adv.Mr.Saraogi for plaintiff present.
Adv. Yogendra Kanchan present for defendant No.1 to 3 filed affidavit of defendant no.2 which is in response to the additional affidavit filed by plaintiff in NM No.2999/2019. Said affidavit to which copies of documents are annexed is taken on record. Copies of affidavit and documents are served upon plaintiff\''s Adv. Mr.Saraogi.
Plaintiff\''s Adv.Mr.Saraogi filed rejoinder to the affidavit of defendant no.2. Said Rejoinder taken on record. Copy of said rejoinder is served upon adv. For defendant nos.1 to 3.
By consent Matter is Adjd. for NM hearing to 18/09/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Adv. Gopal Jetlly i/b. Adv. A.M. Sarogi for Plaintiff present.
Adv. Yogendra M. Kanchan for Defet. 1 to 3 present.
Mr. E.C. John present and containing that he is a representative of society i.e Defendant no.4 and he will produce resolution about his
authority on next date. Adv. for plaintiff requested for time for advancing NM hearing. Hence Matter is Adjd. to 21/09/20. for NM hearing and filling written arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 18-09-2020
Business: Adv. Gopal Jetlly i/b. Adv. A.M. Sarogi for Plaintiff present.
Adv. Yogendra M. Kanchan for Defet. 1 to 3 present.
Mr. E.C. John present and containing that he is a representative of society i.e Defendant no.4 and he will produce resolution about his
authority on next date. Adv. for plaintiff requested for time for advancing NM hearing. Hence Matter is Adjd. to 21/09/20. for NM hearing and filling written arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Adv. Shri.Saraogi present for Plaintiff.
Adv. Shri.Yogendra Kanchan present for Defendant Nos. 1 to 3. and filed Pursis informing that Written Statement (Exhibit-03) of defendant Nos. 1 to 3 should be treated as their reply to Notice of Motion No. 2999/2020.
Pursis T.O.R. and marked as Exhibit - 03A
Secretary of Defendant No.4-society present and filed copy of Minutes of meeting of defendant No.4 held on 20/09/2020, It is
T.O.R. and marked Exhibit - 04.
Those Minutes shows that Secretary present before the Court is authorised to represent defendant No.4 in this Suit. The representative of Deft. No.4 submitted that he will file affidavit of reply to Notice of Motion No. 2999/2020.
Secretary further submitted that he will serve copy of affidavit of reply in advance to plaintiff and defendant Nos. 1 to 3.
By consent case is adjourned for filing affidavit of N/M reply by Defendant No.4 to 29.09.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 21-09-2020
Business: Adv. Shri.Saraogi present for Plaintiff.
Adv. Shri.Yogendra Kanchan present for Defendant Nos. 1 to 3. and filed Pursis informing that Written Statement (Exhibit-03) of defendant Nos. 1 to 3 should be treated as their reply to Notice of Motion No. 2999/2020.
Pursis T.O.R. and marked as Exhibit - 03A
Secretary of Defendant No.4-society present and filed copy of Minutes of meeting of defendant No.4 held on 20/09/2020, It is
T.O.R. and marked Exhibit - 04.
Those Minutes shows that Secretary present before the Court is authorised to represent defendant No.4 in this Suit. The representative of Deft. No.4 submitted that he will file affidavit of reply to Notice of Motion No. 2999/2020.
Secretary further submitted that he will serve copy of affidavit of reply in advance to plaintiff and defendant Nos. 1 to 3.
By consent case is adjourned for filing affidavit of N/M reply by Defendant No.4 to 29.09.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Adv. Shri.Saraogi present for Plaintiff.
Adv.Shri.Yogendra Kanchan for Defendants defendant nos.1 to 3 present @ defendant no.2.
Secretary of defendant no.4 present in person and he has informed the Court that summons of this suit is not served upon him inspite of it as per the notice sent by plaintiff to defendant no.4, he is appearing in the Court on behalf of defendant o.4 as per the authority given by defendant o.4 to him by passing resolution dated 20/09/2020. Representative/ Secretary of defendant no.4 submitted that he is intending to file written statement on behalf of defendant no.4.
Advocate for defendant nos.1 to 3 submitted that written statement of defendant o.4 cannot be accepted unless defendant o.4 files Notice of Motion for condonation of delay.
Plaintiff\''s advocate Mr.Saraogi submitted that writ of summons of this suit till this date is not served by plaintiff upon defendant upon defendant no.4 and therefore, no question arises of counting the period for filing of written statement by defendant no.4 from the date of service of summons.
Secretary of defendant no.4 submitted that writ of summons till this date is not served upon defendant no.4.
After giving serious consideration to the submissions made on behalf of the parties, I find that as writ of summons is not served upon defendant no.4 and as defendant no.4 is suo-motto filing the written statement no question arises of counting the time period for filing written statement by defendant no.4 from the date of service of writ of summons upon defendant no.4. Hence, written statement of defendant o.4 can be accepted without any notice of motion for condonation of delay caused in filing written statement by defendant no.4.
Advocate for defendant nos.1, 2 and 3 further raised objection for accepting the written statement signed by the Secretary on behalf of defendant no.4 on the ground that the Secretary is not authorized by defendant no.4 by its resolution dated 20/09/2020 to sign the pleadings. On careful perusal of resolution dated 20/09/2020 passed by defendant no.4 Society, it is noticed by the Court that defendant no.4 has authorized its Secretary to appear on behalf of defendant no.4 in this suit and to represent defendant no.4 in this suit. In such circumstances merely on the ground that the words \"Secretary is authorized to sign the pleadings of defendant no.4 are missing\", secretary cannot be prohibited from filing the written statement on behalf of defendant no.4. Resolution further shows that Secretary is also authorized to make statements as per record available with the Society.
Considering the submissions made on behalf of the parties and considering the resolution dated 20/09/2020, I find that written statement signed by Secretary on behalf of defendant no.4 can be accepted. Further Chairman and Secretary of the Society are always responsible for the affairs of the Society in that sense also written statement signed either by Chairman or Secretary of the Society can be accepted by the Court. Hence, written statement filed by defendant no.4 signed by its Secretary is taken on record and it is marked as Exh.5. Copies of written statement of defendant no.4 have admittedly served upon plaintiff and defendant nos.1 to 3.
Heard plaintiff\''s advocate in respect of NM NO.2999/2019. Plaintiff\''s advocate Mr.Saraogi referred various documents filed with plaint, written statement of defendant o.4 and reply of additional affidavit filed by defendant no.2. Advocate Mr.Saraogi mainly argued that membership of the Society will not confirm title of the property in favour of defendant o.1. It is further pointed out that the membership of the society is in relation to the plot only and it is not related to the structure constructed on said plot. Plaintiff\''s advocate argued that plaintiff being the owner of the suit property, he is entitled to deal with the property as suit property is self acquired property of plaintiff. Lastly, advocate Mr.Saraogi submitted that plaintiff is intending to disposed off suit property and even though defendant no.1 has no title over suit property, plaintiff is ready to give 50% of the valuation from the plot from suit property to defendant no.1. Alternatively, plaintiff is ready to give separate flat for residence of defendant no.1. Plaintiff\''s advocate submitted that plaintiff is not having responsibility of maintaining defendant nos.2 to 4 because defendant no.2 is adult and he can take care of himself, wife and children.
Considering the proposal given by plaintiff\''s advocate, defendants are directed to discussed the matter with plaintiff for settlement if any possible. Thereafter arguments on behalf of defendant nos.1 to 3 will be heard in respect of NM No.2999/2019.
Matter is adjourned to 06/10/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 29-09-2020
Business: Adv. Shri.Saraogi present for Plaintiff.
Adv.Shri.Yogendra Kanchan for Defendants defendant nos.1 to 3 present @ defendant no.2.
Secretary of defendant no.4 present in person and he has informed the Court that summons of this suit is not served upon him inspite of it as per the notice sent by plaintiff to defendant no.4, he is appearing in the Court on behalf of defendant o.4 as per the authority given by defendant o.4 to him by passing resolution dated 20/09/2020. Representative/ Secretary of defendant no.4 submitted that he is intending to file written statement on behalf of defendant no.4.
Advocate for defendant nos.1 to 3 submitted that written statement of defendant o.4 cannot be accepted unless defendant o.4 files Notice of Motion for condonation of delay.
Plaintiff\''s advocate Mr.Saraogi submitted that writ of summons of this suit till this date is not served by plaintiff upon defendant upon defendant no.4 and therefore, no question arises of counting the period for filing of written statement by defendant no.4 from the date of service of summons.
Secretary of defendant no.4 submitted that writ of summons till this date is not served upon defendant no.4.
After giving serious consideration to the submissions made on behalf of the parties, I find that as writ of summons is not served upon defendant no.4 and as defendant no.4 is suo-motto filing the written statement no question arises of counting the time period for filing written statement by defendant no.4 from the date of service of writ of summons upon defendant no.4. Hence, written statement of defendant o.4 can be accepted without any notice of motion for condonation of delay caused in filing written statement by defendant no.4.
Advocate for defendant nos.1, 2 and 3 further raised objection for accepting the written statement signed by the Secretary on behalf of defendant no.4 on the ground that the Secretary is not authorized by defendant no.4 by its resolution dated 20/09/2020 to sign the pleadings. On careful perusal of resolution dated 20/09/2020 passed by defendant no.4 Society, it is noticed by the Court that defendant no.4 has authorized its Secretary to appear on behalf of defendant no.4 in this suit and to represent defendant no.4 in this suit. In such circumstances merely on the ground that the words \"Secretary is authorized to sign the pleadings of defendant no.4 are missing\", secretary cannot be prohibited from filing the written statement on behalf of defendant no.4. Resolution further shows that Secretary is also authorized to make statements as per record available with the Society.
Considering the submissions made on behalf of the parties and considering the resolution dated 20/09/2020, I find that written statement signed by Secretary on behalf of defendant no.4 can be accepted. Further Chairman and Secretary of the Society are always responsible for the affairs of the Society in that sense also written statement signed either by Chairman or Secretary of the Society can be accepted by the Court. Hence, written statement filed by defendant no.4 signed by its Secretary is taken on record and it is marked as Exh.5. Copies of written statement of defendant no.4 have admittedly served upon plaintiff and defendant nos.1 to 3.
Heard plaintiff\''s advocate in respect of NM NO.2999/2019. Plaintiff\''s advocate Mr.Saraogi referred various documents filed with plaint, written statement of defendant o.4 and reply of additional affidavit filed by defendant no.2. Advocate Mr.Saraogi mainly argued that membership of the Society will not confirm title of the property in favour of defendant o.1. It is further pointed out that the membership of the society is in relation to the plot only and it is not related to the structure constructed on said plot. Plaintiff\''s advocate argued that plaintiff being the owner of the suit property, he is entitled to deal with the property as suit property is self acquired property of plaintiff. Lastly, advocate Mr.Saraogi submitted that plaintiff is intending to disposed off suit property and even though defendant no.1 has no title over suit property, plaintiff is ready to give 50% of the valuation from the plot from suit property to defendant no.1. Alternatively, plaintiff is ready to give separate flat for residence of defendant no.1. Plaintiff\''s advocate submitted that plaintiff is not having responsibility of maintaining defendant nos.2 to 4 because defendant no.2 is adult and he can take care of himself, wife and children.
Considering the proposal given by plaintiff\''s advocate, defendants are directed to discussed the matter with plaintiff for settlement if any possible. Thereafter arguments on behalf of defendant nos.1 to 3 will be heard in respect of NM No.2999/2019.
Matter is adjourned to 06/10/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Plaintiff with his Adv.Saraogi present.
Defendant nos.1 and 2 @ ADv.Yogendra Kanchan present.
It is submitted on behalf of the defendants that written proposal is not sent by plaintiff for consideration of the defendants.
Plaintiff\''s adv. submitted that he will send the proposal for consideration of defendants, but plaintiff has apprehension that said proposal may be misused in other proceedings.
Parties are directed to think for peaceful settlement and not to use the proposal given by each other in any other proceedings.
Matter is adjd. for settlement/ NM hearing to 14/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Advocate Mr. Gopal Jetley h/f adv. A.M. Saraogi present for plaintiffs.
Advocate Yogendra Kanchan present for defendant no.1 to 3.
Plaintiff\''s advocate submitted that written proposal for settlement is given by plaintiff to defendants. Its reply is awaiting.
Advocate for defendant no.1 to 3 submitted that defendants will sent written reply to proposal of plff. Considering submissions, matter is adjourned for informing the parties to the court about progress in the settlement. It is made clear that if the parties will fail in settlement, court will decide NM on merits. Matter adjourned to 22/10/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Adv. Mr. A.M. Saraogi @ plaintiff present.
Adv. Yogendra Kanchan @ defendant nos.1 to 3 present.
Heard arguments of defendants\'' advocate Mr.Yogendra Kanchan in respect of NM No.2999/2019. It is submitted that defendants are not disturbing possession of plaintiff over suit property, hence no question arises of granting injunction in terms of prayer clause(b) of NM. It is further submitted that relief claimed in prayer clause of (a) of NM, if will be granted it will amount to grant final relief at the time of passing order in NM. According to defendant\''s advocate, such final relief at interim stage cannot be granted. Defendant\''s adv. referred all the documents annexed to the plaint and to the written statement as well as to the additional affidavit filed by defendants in reply to the NM. It is submitted that the declaration sought by plaintiff cannot be granted or interim relief in terms of prayer clause (a) of NM because plaintiff\''s prayer to that effect is hit by principle of res-judicata in view of the consent term filed in Suit of 2009 which was filed by plaintiff himself. By referring various documents defendant\''s adv. pointed out that plaintiff himself is troubling defendants and not the defendants are troubling him. It is pointed out that plaintiff himself has requested the society to note down the name of defendant no.1 in the share certificate of suit property as the member of the Society. It is also pointed that a Confirmation Deed of 2005 executed by plaintiff confirming the rights of defendant no.1 in suit property is with plaintiff. Defendant\''s advocate argued that plaintiff has harassed defendant no.1 to the extent that she was required to knock the doors of Magistrate\''s Court for seeking relief under Domestic Violence Act and the order for protecting in possession in suit property as share hold house are passed by concerned Magistrate Court. Defendant\''s adv. argued that wherever the loans are required to be obtained, plaintiff uses defendants as the shield and as per his whims now he is intending to throw out defendants from suit property. It is pointed out that plaintiff has entered into agreement for Conveyance in favour of some third person who had filed suit for specific performance before Hon\''ble H.C. and said consent terms were filed. Accordingly, the order to that effect was passed by Hon\''ble HC. In pursuant of said order defendants have paid amount of Rs.53,00,000/- to said third party and defendants are trying to protect the suit property. Defendant\''s adv. pointed out the conduct of the plaintiff from the various NC reports and orders passed by the Magistrate\''s court as well as the order passed in Execution Petition field by plaintiff. To sum-up defendant\''s adv. submitted that plaintiff is not at all entitled to the reliefs sought in NM. Defendant\''s adv. also cited case laws for his case.
Plaintiffs adv. Mr.Saraogi submitted that he is intending to make argument in reply/rejoinder to defendant\''s argument. Hence, by consent Matter is adjd. to 26/10/2020 at .1.00pm for further argument on behalf of plaintiff.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-10-2020
Date: 22-10-2020
Business: Adv. Mr. A.M. Saraogi @ plaintiff present.
Adv. Yogendra Kanchan @ defendant nos.1 to 3 present.
Heard arguments of defendants\'' advocate Mr.Yogendra Kanchan in respect of NM No.2999/2019. It is submitted that defendants are not disturbing possession of plaintiff over suit property, hence no question arises of granting injunction in terms of prayer clause(b) of NM. It is further submitted that relief claimed in prayer clause of (a) of NM, if will be granted it will amount to grant final relief at the time of passing order in NM. According to defendant\''s advocate, such final relief at interim stage cannot be granted. Defendant\''s adv. referred all the documents annexed to the plaint and to the written statement as well as to the additional affidavit filed by defendants in reply to the NM. It is submitted that the declaration sought by plaintiff cannot be granted or interim relief in terms of prayer clause (a) of NM because plaintiff\''s prayer to that effect is hit by principle of res-judicata in view of the consent term filed in Suit of 2009 which was filed by plaintiff himself. By referring various documents defendant\''s adv. pointed out that plaintiff himself is troubling defendants and not the defendants are troubling him. It is pointed out that plaintiff himself has requested the society to note down the name of defendant no.1 in the share certificate of suit property as the member of the Society. It is also pointed that a Confirmation Deed of 2005 executed by plaintiff confirming the rights of defendant no.1 in suit property is with plaintiff. Defendant\''s advocate argued that plaintiff has harassed defendant no.1 to the extent that she was required to knock the doors of Magistrate\''s Court for seeking relief under Domestic Violence Act and the order for protecting in possession in suit property as share hold house are passed by concerned Magistrate Court. Defendant\''s adv. argued that wherever the loans are required to be obtained, plaintiff uses defendants as the shield and as per his whims now he is intending to throw out defendants from suit property. It is pointed out that plaintiff has entered into agreement for Conveyance in favour of some third person who had filed suit for specific performance before Hon\''ble H.C. and said consent terms were filed. Accordingly, the order to that effect was passed by Hon\''ble HC. In pursuant of said order defendants have paid amount of Rs.53,00,000/- to said third party and defendants are trying to protect the suit property. Defendant\''s adv. pointed out the conduct of the plaintiff from the various NC reports and orders passed by the Magistrate\''s court as well as the order passed in Execution Petition field by plaintiff. To sum-up defendant\''s adv. submitted that plaintiff is not at all entitled to the reliefs sought in NM. Defendant\''s adv. also cited case laws for his case.
Plaintiffs adv. Mr.Saraogi submitted that he is intending to make argument in reply/rejoinder to defendant\''s argument. Hence, by consent Matter is adjd. to 26/10/2020 at .1.00pm for further argument on behalf of plaintiff.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Advocate Mr. Priyatosh Tiwari h/f adv. A. M. Saroagi @ plaintiff present and submitted that advocate Mr. Saroagi is held up in Court Room no.12, hence matter may be adjourned and if advocate Mr. Saroagi is unable to argue the matter on next date, the matter will be kept after Diwali vacation.
Advocate Mr. Yogendra Kanchan for defendant no.1 and 3 and strongly opposed for adjournment.
Considering submissions, case is adjourned by consent to 06/11/2020 at 12 noon with the direction to advocate for plaintiff to argue matter on next date.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Adv. A.M. Saraogi present for Plaintiffs.
Adv.Yogendra Kanchan for defendants.
Plaintiffs adv. argued in respect of case laws cited by defendants and submitted that those case laws are not applicable to present case as no specific principles are laid down in those case law and secondly the observations of those case laws are based on the facts of those cases. Further plaintiffs adv. that res-judicata will not be applicable in present suit. Hence, according to plaintiffs adv. Notice of Motion would be made absolute.
Matter is adjd. for Notice of Motion o 09/11/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Plaintiff @ Adv.Smt.Pooja Narvekar h/f Adv.A.M.Saraogi for plaintiff present.
Defendants absent.
Adv.Ms.Sonal Brid h/f. Yogendra Kanchan for defendant nos.1 to 3 present.
F.R.S.R. following order is passed.
ORDER
1. NM No.2999 of 2019 is partly allowed.
2. Relief in terms of prayer Clause(a) of NM stands rejected.
However, the relief in terms of prayer clause(b) of the NM is
granted to the extent that defendants are temporarily
restrained till the decision of this suit from disturbing plaintiff\''s
possession in respect of the premises being Bungalow No.74,
Guruprasad situated at Mysore Colony Chamber, Bombay-
400074.
Matter is adjd. to 09/02/2021 for draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: By preceipe
Adv Ms. Narvekar for plff present and tendered draft notice of motion along with affidavit in support. O- Leave to register is granted.
Adv Mr. Yogendra Kanchan for det Nos.1 to 3 present and filed reply to said draft NM.
K.B. at 2.00pm for hearing on said NM.
L.O. at 2.24 p.m.
Adv Mr. Sarogi for plaintiff present.
Adv Mr. Yogendra Kanchan for deft Nos.1 to 3 present.
By consent, draft NM tendered today by the plff is heard finally and for want of time, said draft NM is kept for order to 21.01.2021.
Main matter is ajd. For draft issues to 09.02.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv Ms. Narvekar for plff present.
None present for defendants.
F.R.S.R. following order is passed in draft Notice of Motion.
ORDER
Draft Notice of Motion tendered on 20.01.2021 by the plaintiff in SC Suit No.2050 of 2019 stands rejected.
Said draft Notice of Motion be got registered for statistical purposes.
----
Authenticated copy of this rozanma be given to the advocate for the plff as per rules.
Already adjd. To 09.02.2021 for draft issues.
Judge
L.O.
Draft Notice of Motion tendered on 20.01.2021 by the plaintiff is registered as N.M.No.221/2021 for statistical purposes.
It is already disposed off as per the order passed earlier today.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv Ms. Neha Pande h/f Adv Mr. Sarogi for plff present and filed draft issues at Exh.2
None present for deft.
court is busy in other matters hence, matter is adjd for filing draft issues by deft and for framing issues to 31.03.2021.
Judge
L.O.
Adv Mr. Yogendra Kanchan for deft No.1 to 3 present.
Already adjd. to 31.03.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv Pooja Narvekar for the plaintiff present
Adv Mr. Kanchan for Deft 1 to 3 present.
Advocate for deft nos. 1 to 3 seeks time for filing draft issues by submitting that the plaintiff has preferred appeal against the order passed by this Court in NM,
Court is busy in other matters, hence, by consent, matter adjd to 10.06.2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: None present for both the parties.
Court is busy in other matters hence, matter is adjd. for framing issues to 25.10.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: court is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: None present for plff.
Adv Mr. Yogendra Kanchan for deft Nos.1 to 3 present.
Issues (L) framed below Exh.3.
Matter is adjd. for list of witnesses/evidence to 29.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None present for both parties.
Today’s is the first date after framing of issues for evidence of the plff.
As nobody is present for both parties, matter is adjd. for evidence to 06.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present for plaintiff.
Adv.Ankita Sharma for deft.No.1 to 3 present.
No evidence is adduce. Keep for order.
Matter adjd to 14.09.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None present for plaintiff.
Adv.Yogendra Kanchan for deft.No.1 to 3 present.
Plaintiff failed to adduce evidence, keep for dismissal.
Matter adjd to 03.12.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: None present for plaintiff.
Adv.Ankita Sharma for deft.No.1 to 3 present.
KB
LO at 05.55 pm
None present for both sides. Inspite of keeping back the suit none present for the plaintiff to take steps for filing evidence or to seek an adjournment. Suit is of 2019. One more chance is granted to the plaintiff to take necessary steps or in default suit shall be dismissed.
Matter adj. to 04.03.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: HHJ is on Leave.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None present for both sides.
KB
LO at 11.40 am
Adv.Dhanashree Hublikar for defendant No.1 to 3 present.
KB
LO at 05.55 pm
None present for both sides. Matter adjd to 17.06.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: None for plaintiff
None for defendant
KB LO 4.00PM
Plaintiff in person present.
None for defendant
The plaintiff would contend that he being unwell and his counsel being not present, he may be granted time to adduce evidence. Considering the submissions of the plaintiff he is granted last chance to adduce evidence in the matter by next date.
Matter is adjd.to 15-07-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: None for plaintiff.
Adv. Dhanashree Hublikar for defendants no. 1 to 3 present.
Matter is adjd.to 08-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: None for plaintiff.
Adv. Dwani Modi for defendants no. 1 to 3 present.
She would make submission that despite the issues having been framed on 11-03-2022, the plaintiff failed to adduce evidence though on the 17-06-2023 he was granted last chance to adduce evidence. Thus The Ld. Counsel for defendant the suit is liable to be dismissed for default. After perusal of record it would reveal that the issues have been framed vide Exh. 3 on 11-03-2022 whereby except issue no. 4 which relates to the bar of principle of res-judicator, the burden of proving all other issues is on the plaintiff. Since the plaintiff is avoiding to adduce evidence in the matter despite the matter was posted for dismissal, the suit liable to be dismissed for want of prosecution. The suit stands accordingly dismissed for default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 08-09-2023