Date: 02-08-2019
Business: Adv Devendra Sharma for applicant and tendered N/M @ affdvt.
Adv Ms.Swartha Suraywanshi h/f Adv Rane for plff is present before the court.
As per order dtd.28/6/2019 N/M No.2626/19 was registered. Thereafter because upon non applicant filed reply. Copy of N/M was served to the plff on 16/7/2019. However, plff has failed to file say. Today also she shown her inability to file reply to the N/M. No adjt application for extension of time. Hence, N/M is proceeded without reply of plff. N/M Keep for argument.
Matter adjd to 19/9/2019 for argument .
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant
R and P not trace out.
Matter adjd to 23.10.2019 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for applicant present.
Matter adjd to 16.03.2020 for argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: R & P not received.
JD Present.
None for Defendant.
Adjd to 19-6-2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Abhijeet rane for DH filed
Exh.8 - Application for set aside order dtd.02-08-2019. t.o.r. O- Other side to say. Copy be served to other side.
Adjd for service of application Exh.8 to 06-04-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv Abhijeet Rane for DH None for JD As per office order 64/2021. Matter Adjd 30-06-2021 for Service of Exh-8
Next Purpose: SERVICE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv Abhijeet Rane present for the DH.
None present for the JD.
ORDER
Ld for DH is present. He submits that the exe app. Is stuck due to absence of the third party applicant. The Court directed to issue notice suo-moto to the third party applicant on 02.08.2021. It returned unserved as the third party applicant had gone to native place. Hence, on 31.08.2021 this Court directed to serve the applicant by pesting Under order 5 rule 20 of CPC. It appears that the said order is not complied by the office. The office is directed to comply the same immediately and before the next date. Matter be listed on 20.10.2021 at (02.45pm)
Matter is adjd to 20.10.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv Abhijeet Rane present for the DH.
None present for the JD.
The order dated 24.09.2021 is not complied by the office. Office is directed to comply the order immediately and serve the notice as per the order upon the JD and any case the report be furnished to this Court on or before 25.10.2021.
Matter is adjd to 25.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv Mr.Rane present for the DH.
He filed a Judgment of Hon\''ble Supreme Court TOR O- Time for service by pesting is extended to 27.10.2021. Bailiff shall serve the notice by pesting in any case before 27.10.2021 and submit his report on that day without fails.
None present for the JD.
Matter is adjd to 27.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv Abhijeet Rane present for the DH.
None present for the JD.
KB
LO
Ld advocate for DH submits that he wants to file reply to the NM. he has already tendered application at Exh.8 to allow him to file reply to the NM. The said application was served upon the JD and third party. They failed to appear and contest the application. Considering the reasons, the application if allowed. DH is permitted to file reply.
Adv for Dh filed reply to NM No.2626/19 TOR O- filed
Heard argument of Ld advocate for DH regarding NM No.2626/19. The third party applicant is absent. JD is absent. Hence, matter will be decided on merits on 10.11.2021
Matter is adjd to 10.11.2021 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv. Mr. Rane for DH present.
KB LO
None for defendant.
Court is busy in other matter.
Matter is adjd to 15/11/2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present for both parties.
KB
LO
Adv Mr.Rane present for the DH.
None present for the JD.
Adv Priyanka Singh present for the applicant.
KB
LO
Today when the matter was posted for order on NM, Ld advocate for the obstructionist appeared and submitted that the Ld advocate for obstructionist expired due to pandemic. The obstructionist was not aware of the same. He shifted to his native place. He came to Mumbai today and came to know that the matter is posted for orders on NM. It is pertinent to note that the notice was served by pesting on the suit property which is commercial premises. However, the obstructionist did not appear in response to that notice. The obstructionist has filed NM and hence, it was his duty to pursue the same. Therefore, it is necessary that the obstructionist should file affidavit regarding all the aforesaid events. In order to adjudicate the matter fully, a last opportunity is granted the obstructionist to argue on NM. He shall file the aforesaid affidavit on the same date. If the obstructionist fail to argue and file affidavit on the NM will be decided on merits and considering the arguments of the plaintiff which are already heard.
Matter is adjd to 26.11.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None present.
Matter is adjd. to 31/01/2022 for NM hearing.
L.O. 03.43 p.m.
Adv Mr. Rane present for the DH.
Adv. Mr. Singh for the applicant present.
The advocate of DH requested he has urgency. Therefore, considering urgency, matter is preponed.
Matter is adjd. to 20/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Abhijit Rane DH is present.
Adv. Priyanka Singh for the applicant is present.
KB
L.O. at 04.45 p.m.
Court is on leave in second Sessions.
LO
Adv. Abhijit Rane DH is present.
Adv. Sharma with Adv. Priyanka Singh for the applicant is present.
By consent.
Matter is adjd.to 05-01-2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Mr. Abhijeet P. Rane DH is present.
Adv. Sharma a/w Adv. Singh for the applicant is present.
None for JD.
Heard arguments of ld. advocate of applicant from 04.15 p.m. to 04.55 p.m.
Heard arguments of ld. advocate of DH from 04.55 p.m. to 05.05 p.m.
Matter is adjd. to 11/01/2022 for order on NM No.2626/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Priyanka Singh for the applicant present.
As Court is busy in dictating order in SJ. Therefore, matter is adjd. to 13/01/2022 for NM No.2626/2019 order.
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Nishit Pandey h/f Adv. Priyanka Singh for the applicant present.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.2626 of 2019 is made absolute.
2. Property is realised from attachment.
3. Notice of Motion No.2626 of 2019 stands disposed of accordingly.
Matter is adjd. to 14/02/2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 13-01-2022
