Mr. Pudbapurambil Thomas Anthony +1 moreVsThoppil John Jose +5 more

Date: 06-08-2018
Business: Adv. Mr. Karan Chavan for the Plaintiff present.
Vakalatnama of the plff. t.o.r.
Affidavit of service tendered by the plff. t.o.r.
Though deft nos. 1 to 6 duly served with writ summons, they failed to appear. Hence exparte order is hereby passed against deft nos. 1 to 6.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff. t.o.r. Leave granted to register.
Matter is adjd. to 11.10.2018 for affidavit of service of N/M/ exparte evidence.
LO at 12.35p.m.
Adv. Mr. Damania for deft nos. 1 to 6 present.
Vakalatnama tendered by deft nos. 1 to 6. t.o.r. O-filed.
Application tendered by the defts no. 1 to 6 for setting aside exparte order passed today. t.o.r Considering the reasons stated in the application (exh. 4), exparte order passed against deft nos. 1 to 6 is hereby set aside.
Matter is adjd. to 11.10.2018 for W.S by the defts./ proof of service of N/M.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2018

Date: 11-10-2018
Business: None present for the Plaintiff.
Adv. Mr. Mohanish Damani for Defendants present.
Written statement by deft no. 1. t.o.r. O-filed.
Matter is adjd. to 10.01.2019 for reply to N/M/ W.S by deft nos. 2 to 7/draft issues
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2019

Date: 10-01-2019
Business: None present for the plff.
Adv.Milan Rawal for Defendant No.1 to 6 present.
W/st.tendered by defendant No.2,
W/st.tendered by defendant No.3,
W/st.tendered by defendant No.4,
W/st.tendered by defendant No.5,
K.B. L.O.
Adv. Mohan Gugle for pltff present.
Adv. Sandhya for Deft no.2 to 5.
Register original N/M no. 3036/18 tendered by the pltff t.o.r.
Affidavit of service of N/m tendered by the pltff t.o.r.
Matter is adjd. to 11.03.2019 for reply to N/M/passing no w/st. order against defendant No.6
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Resumed.
Adv. Jitendra Gautam h/f Adv. Lanke for plaintiff and Adv. Amrish Damani for defendants are present.
The def. no. 6 has not filed the w.s.  Suit be heard without w.s. of def. no. 6.
Adv. Damani for defendants submits that the w.s. Exh. 5 to 9 be treated as reply of the defendants to NM NO. 3036/2018.  His statement is accepted and taken on record.
Adjd for NM arguments to 22.04.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Advocate Mr. Chavan for Plaintiff present and submitted that Plaintiff is intending to file rejoinder to NM reply. Considering submissions adjourned
Advocate Mr. Joseph for Defendants present and filed reply of Defendant no.1 in respect of NM No.3036/18, t.o.r. Copy served upon Plaintiff\''s advocate.
Case is adjourned to 14/08/2019 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Advocate S. S. Lanke for Plaintiff present
Advocate A. N. Gore for Defendant present
Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 30/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Advocate Lanke for Plaintiff present
Defendant no.5 present and submitted that her advocate is held up in Hon\''ble High Court.
Court is busy in dictating Judgment in suit no.6771/04, hence case is adjourned to 21/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: None present for Plaintiff.
Advocate Sandhya Shukla for Defendant present
Court is busy in dictating order on Notice of Motion no.4593/15, order on Exh.26 and Chamber Summons in suit no.3723/11, order on Chamber Summons in suit no.6225/04 as well as court has to dictate judgment in suit no.4470/08, hence case is adjourned to 28/11/2019.
LO.
Advocate Karan Chavan for Plaintiff present
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Advocate Mr. Karan Chauhan for Plaintiff present and submitted that advocate Mr. Lanke who is going to argue NM is held up in another Court hence matter may be adjourned.  Considering submissions adjourned.
Advocate Mr. Ajay Mishtry for Defendant present
Case is adjourned to 03/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Advocate S. S. Lanke for Plaintiff present.
Advocate Ajay Mistry for Defendants present.
                    ORDER ON NM NO.3036/18
This Notice of Motion is filed by Plaintiff for directions to Defendants to restore Plaintiffs possession over suit structure no.55 (Old Hut no.3885) situated at SRA Co-operative housing Society Federation Waswani Marg, Ganeshmruti Nagar, Part-2, behind Backbay depot, Cuffe Parade, Colaba, Mumbai-400 005. Plaintiffs have further prayed for appointment of court commissioner with directions to him to visit suit structure and to make inventory of the articles belonging to Plaintiffs which are lying in suit structure and to submit the report to the court.
Plaintiff no.1 has filed his affidavit in support of Notice of Motion contending that Plaintiffs have filed suit u/s 6 of Specific relief Act in respect of suit premises referred above.  It is alleged that Defendants have forcibly dispossessed Plaintiff from suit premises on 30/05/2018 and Plaintiffs have no other accommodation in Mumbai, hence they are required to take shelter on road without roof on t heir head.  Plaintiffs are having documentary evidence to show that Plaintiffs were in possession of suit structure, hence according to Plaintiffs court can pass interim order directing Defendants to forthwith handover possession of suit structure to Plaintiffs.
Defendant no.1 has filed affidavit in reply and resisted the Notice of Motion contending that Plaintiffs have no locus-standi  to file the suit and to occupy suit premises temporarily.  Plaintiff have played fraud by producing sham and bogus documents for getting orders from the court.  It is alleged that contentions raised in plaint and Notice of Motion are false and Plaintiffs have indulged themselves in criminal Acts by committing offenses.  With the help of those contentions Defendant no.1 has payed to dismiss the Notice of Motion.
Heard Plaintiffs advocate as well as Defendants advocate. Perused plaint and documents annexed to it.  It is noticed that Plaintiffs have prayed for decree directing Defendants to restore Plaintiffs possession over suit structure.  Thus, on perusal of plaint and Notice of Motion t is noticed that prayer clause (a) of the Notice of Motion is as like the final relief claimed in the suit. If such a relief will be granted without giving the parties opportunity to prove their rival contentions, it will amount to grant pre-mature decree without giving the opportunity to parties to prove their contentions on merits, hence I find that reliefs as claimed in prayer clause (a) of the Notice of Motion can not be granted.  Further, in prayer clause (b) of the Notice of Motion Plaintiff s have sought for appointment of court commissioner for visiting suit premises and for preparing the inventory of articles of Plaintiffs which are allegedly lying in suit structure. It is settled principle of law that court commissioner can not be appointed for collecting evidence for any of the parties. Further, even if such a court commissioner will be appointed the question will arise as to how commissioner can ascertain the fact that articles lying in suit structure belong to which person.  In such circumstances, no purpose will be served by appointing Court commissioner.  Plaintiffs  will have to prove before the court by adducing cogent evidence the fact that articles lying in suit structure belong to Plaintiffs or they are owned by Plaintiffs and evidence for proving those articles to be of Plaintiff can not be collected through court commissioner. Hence, I find that relief as prayed in prayer clause (b) of Notice of Motion can not be granted.  Hence, I proceed to pass following order-
                                ORDER
Notice of Motion no.3036 of 2018 stands disposed off / dismissed.
Parties are directed to file draft issues on next date.
Plaintiffs advocate  pointed out that Defendant no.6 has not filed Written Statement, hence suit to proceed without Written Statement.
Case is adjourned to 03/04/2020 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Parties are directed to file draft issues on next date.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 10/12/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present for Plaintiffs.
Defendant no.1 and 4 present and sought time to file draft issues.
Parties are directed to file draft issues on next date.
It seems that due to Corona pandemic, Plaintiffs and their advocate are absent, hence case is adjourned to 22/02/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present for plff.
Adv Mr. Ajay Mistry for defts present and seeks time for filing draft issues.
Plff failed to file draft issues.
As court is busy in other  old matters
Matter is adjd. for farming issues to 28.04.2021.
Judge
Adv Ms. Poonam Pal for plff present and seeks time for filing draft issues.
Already adjd. to 28.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Adv Mr. Jitendra Gautam h/f Adv Mr. Lanke  for plff present and seeks adjournment for filing draft issue.
None present for deft.
On request of adv. for the plffs, matter is adjd. for draft issues to 25.10.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Due to covid 19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Poonam Pal present for plff.
Deft No.1 Thoppil Jose present in person.
K.B.
L.O.
Court is busy in hearing further arguments in suit No.104/1990 and other matters hence, for want of time, this matter is adjd.
Matter is adjd. for draft issues to 07.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: None present for deft.
Adv.Poonam Pal h/f.Adv.Lanke for plaintiff present. She orally requested time for filing draft issues. Last chance granted.
Matter adjd to 17.09.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv.Poonam Pal h/f.Adv.Lanke for plaintiff present.
The plaintiff is not willing to file draft issues. Defendants are absent.
KB
LO at 11.45 am
Defendant No.1 present.
Adv.Tanawade h/f. Adv.Amrish Damani for deft.No.1 to 6 present.
KB
LO at 06.00 pm
Due to paucity of time, matter adjd to 15.10.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Defendant No.4 and 5 present.
Adv.Poonam Pal for plaintiff present.
KB for issues.
LO at 05.55 pm
For want of time and as Court is busy in dictating order in SU 2230/22,  SU 2231/22,  SU 2232/22, SU 1533/16 and SU 1840/18, hence, adjourned.
Matter adjd to 19.12.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Deft.No.1 present.
None present for plaintiff.
KB
LO at 05.55 pm
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 04.02.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Defendant No.1 present.
None present for plaintiff.
KB
LO at 11.55 am
Same appearance.
Heard the defendant No.1. No submission of plaintiff.
Issues are framed at Exh.10.
Matter adj. to 05.04.2023 for filing affidavit of evidence by pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Defendant No.1 and 5 present.
Adv.Poonam Pal for plaintiff present. She undertakes to file vakalatnama on next date.
Adv.Sadashiv Tanavade for defendant Nos.1 to 5 present.
None present for defendant No.6.
The Adv.for the plaintiff requested time to file vakalatnama.
Matter adjd to 07.07.2023 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Adv. Jitendra Gautam for plaintiff present and filed vakalatnma t.o.r. marked as Exh.11
Defendant no. 1 present his advocate absent.
None for defendants 2 to 6
On request of Adv. For plaintiff, matter is adjourned for plaintiffs evidence 23-08-2023
Matter is adjd.to 23-08-2023 for R/E of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Adv. Jitendra Gautam for plaintiff present.
Adv. Manisha Jadhav h/f Adv. Gore for defendant is present.
None for def. no. 6.
On the oral request of the plaintiff counsel matter is adjourned.
Matter is adjd.to 07/10/2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: None for plaintiff.
Defendant no. 5 in person present.
Matter is adjd.to 03-11-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Adv. Poonam Pal for plaintiff present and filed adjournment application t.o.r. marked as Exh.12 O- Other side to say.
Adv. Manisha Jadhav for defendants no. 1 to 5  present and given say on Exh. 12 on itself and opposed the application.
 Considering the matter, I deem it just and appropriate to allow the application subject to cost of Rs. 500/- payable to the defendants. Application Exh. 12 stands allowed accordingly.
Matter is adjourned to 18-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Adv. Jitendra Gautam for plaintiff present and comply the order dtd. 03-11-2023 cost paid to deft. today in Court.
Adv. Manisha Jadhav for defendants no. 1 to 5 present.
The Ld. Counsel for plaintiff would make submission that the affidavit of evidence of plaintiff is to be filed on record on today itself. Hence, matter kept back
LO
The plaintiff no. 1 Anthony filed affidavit of examination in chief taken on record marked as Exh.13
He also filed compilation of document taken on record marked as Exh.14
PW - 1 is verified with regard to contentions of his affidavit of examination in chief
Matter is adjourned to  24-01-2023 for admission or denial by the opposite party on documents relied upon the plaintiff vide list of document Exh. 14
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Adv. Deepak for plaintiff present.
Defendant no. 5 in person present.
Adv. Manisha Jadhav for defendants no. 1 to 6 present and filed admission and denial taken on record marked as Exh. 15
The defendant admit the document serial no. 6, 8 to 11 and 18. Hence, the said documents at serial no. 6, 8 to 11 and 18 from the compilation of document Exh. 14 are admitted in evidence and marked as Exh. 16 to 21 respectively.
Matter is adjourned to 28-02-2024 for hearing on admissibility of other document
Next Purpose: HEARING
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Adv. Deepak Sharma h/f Adv. Jitendra Gautam for plaintiff present.
None for defendant
 With consent of both sides matter is adjourned to  16-04-2024.
Matter is adjourned to 16-04-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: None for plaintiff.
Adv. Manisha Jadhav for all defendants a/w defendant no. 1 present.
Matter is adjourned to  10-07-2024 for  hearing on admissibility of documents
Next Purpose: HEARING
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: None for plaintiff.
Defendant No. 1 in person present.
LO 11.56 AM
Adv. Deepak Sharma h/f Adv. Jitendra Gautam   for plaintiff present.
Matter is adjourned to 16-08-2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Adv.Deepak Sharma for the plaintiff is present and seeking adjournment for hearing on admissibility of document.
Adv.Manisha Jadhav for defendant No. 1 to 6 is present.
Matter is adjourned to 26-09-2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Adv. Deepak Sharma for plaintiff present.
Adv. Manisha Jadhav h/f Adv. A.N. Gore for defendant No.1 to 6 present.
Matter is adjourned to 19.11.2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: Adv. Poonam Pal for plaintiff present.
Defendant No.1 in person present.
Matter is adjourned to 18.12.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: Adv. Poonam Pal for plaintiff present and requested for adjournment.
Adv. Manisha Jadhav for defendant no.1 to 6 present.
Matter is adjourned to 25.02.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: Adv. Deepak Sharma h/f Devendra Gupta for plaintiff present.
None for defendant.
KB.
Lo at 1.00 pm.
Adv. Sadashiv Karande for defendant no. 1 to 4 present.
Matter is adjourned to 17-06-2025 for  hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Adv. Sonam Pal for plaintiff present.
Defendant no.1 in person present.
At the request of adv. for plaintiff matter is adjourned to 04.08.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: None for plaintiff.
Defendant no.1 in person present.
Kb
Later on at 1.00 pm
Adv. Poonam Pal for plaintiff present.
Adv. Sadashiv Tanawade for defendants no.1 to 6 present.
At the request of the adv. for plaintiff matter is adjourned to 02.12.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 16.01.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2026

Date: 16-01-2026
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 21.04.2026 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: P.O.Is on leave
Next Purpose: HEARING
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Matter called at 11.28 am
None for plaintiff.
Defendant No. 1 in person present.
Kept Back.
Later on at 02.45 pm
None for plaintiff.
Defendant No. 1 in person present.
Matter is adjourned to 14.08.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: P.O. IS ON OFFICIAL TRAINING.
Next Purpose: HEARING
Next Hearing Date: 09-09-2026

Date: 09-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Deepak Sharma h/f Adv. Jitendra Gautam for plaintiff present.
Defendant No. 1 in person present.
Witness absent.
Matter is adjourned to 17.10.2026 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2026

NOTICE OF MOTION/103036/2018

Registration Number: 101718/2018
Transfer Date: 11-04-2019
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101718/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 108049/2018
Filing Date: 19-06-2018
First Hearing Date: 06th August 2018
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE