Date: 16-07-2018
Business: Matter adj. for Hearing on Documents on 02.08.2018 in second session.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: matter adj. for Further Hearing on Documents to 17.09.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: Matter adj. for NM Hearing to 16.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Matter adj. for Compliance and NM Hearing to 21.11.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Court is on half day leave in second session. Hence matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Hence Matter adj. for Hearing on Documents to 10.01.2019 in morning session
Next Purpose: HEARING
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: Matter adj. for Compliance and further hearing on the remaining documents to 22.01.2019.
Next Purpose: HEARING
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Hence matter adj. for Hearing on the Remaining documents and NM Hearing to 05.02.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: hence, matter adjd. to 6.3.2019 (first session) for hearing on documents.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Matter adj. for Hearing on Documents to 15.03.2019 and 16.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Matter adj. for Filing Say and Hearing on Documents to 25.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Matter adj. for Hearing on Documents to 08.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Matter adj. for Compliance and Hearing to 26.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Advocate Mr. Nagvadhariya for Plaintiff present
Advocate Ms. Namita Shirke for Defendant no.1(b) and 1(c) present
Mr. Niranjan Chavan, Clerk of officer of Court Receiver of Hon\''ble High Court present and filed report dated 22/04/2019 prepared by court receiver t.o.r. O-Filed.
Court has brought it to the notice of the parties that admitted documents are already exhibited and now Plaintiff will have to prove the documents which are specifically denied by Defendants or which are not admitted by Defendants. Advocate for Plaintiff submitted that on next date, PW1 will enter into witness box for proving the documents relied upon by the Plaintiff.
By consent, case is adjourned to 04/06/2019 for further evidence by Plaintiff.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: It seems that additional affidavit of evidence filed by Plaintiff on 14/09/2018 is on record but my learned predecessor has not passed any order in respect of said affidavit hence said affidavit is t.o.r. O-filed. It is marked as Exh.7A.
Advocate Mr. Prem Gidwani for Plaintiff present with PW-1 and filed 2nd additional affidavit of examination in chief, t.o.r. and marked as Exh.7B. Plaintiff is directed to serve copy of this affidavit to Defendants. Copy served upon Defendant no.1 (b).
Plaintiff\''s advocate also filed list of witnesses referring names of 8 witnesses. List is taken on record and marked as Exh.42.
Copy of list is served upon Defendant no.1(b)
Defendant no.1(b) present and submitted that he is advocate is on the way to the court.
K.B. for proving the documents which are denied by Defendants.
L.O.
Advocate Mr. J. J. Thakkar for Defendant no.1(b) and 1(c) present.
PW1 resumed on S.A.
Sketch plan of second floor prepared by PW-1.
Receipt issued by Dena Bank.
Accommodation letter dated 20/08/2019 issued by office of the controller of accommodation.
Accommodation letter dated 26/08/2019 issued by office of the controller of accommodation.
Original letter of acceptance of possession of block no.8 from Navneetlal B. Patel filed by PW-1.
Application dated 13/08/2013 under RTI Act.
Application dated 04/09/2013 under RTI Act.
Letter dated 12/07/1967 sent by advocate Mr. A. M. Desai, the Solicitor of BMC to PW-1.
Letter dated 16/10/1967 sent by advocate Mr. A. M. Desai, the Solicitor of BMC to PW-1.
Letter dated 20/10/1967 sent by PW-1 to advocate Mr. A. M. Desai, the Solicitor of BMC.
Letter dated 07/05/1968 sent by advocate Mr. A. M. Desai, the Solicitor of BMC to PW-1.
Letter dated 07/05/1968 sent by PW-1 to advocate Mr. A. M. Desai, the Solicitor of BMC.
Office copy of application dated 06/05/2016 filed by PW-1.
Admission of Defendant no.1B namely D. B. Parikh in Father Egnel Polytechnic.
Pay in slip book of saving account no.6663 of Bank of India, branch Sion, Mumbai and counter foil.
Receipt issued by mason who has carried out the work at suit premises.
Letter dated 06/10/2000 sent by PW-1 to Defendant no.1B.
On request of advocate for Plaintiff, case is adjourned to 11/06/2019 for further examination in chief.
Next Purpose: FOR___________________
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Plaintiff present and submitted that his advocate Mr. Gidwani is on the way to the court.
Advocate Ms. Hemlata Kadam for Defendant no.1b and 1c present
K.B.
Later on at 1.15 p.m. Same appearance.
Advocate Mr. Ganesh Lambate h/f Adv. Prem Gidwani for Plaintiff present and submitted that advocate Mr. Prem Gidwani is held up before Hon\''ble Justice Karnik, hence matter may be adjourned. Considering submissions adjourned as a last chance to 02/08/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is busy in recording evidence in suit no.9168/92 and other matter, hence first session board is discharged and case is adjourned to 26/08/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: PW-1 with advocate Mr. Prem Gidwani for Plaintiff present
Defendant no.1 B present and submitted that his lawyer is on the way to the court hence matter may be kept back. Considering submissions kept back.
L.O. at 12.18 p.m.
Advocate Mr. Prem Gidwani for Plaintiff present
Advocate Ms. Namita Shirke for Defendant no.1b and 1c present
PW-1 resumed on S.A.
On 20/06/2019 documents from Exh.60 to 84 are exhibited by the court however reference to those documents is not given in Roznama hence those documents are being referred in roznama today.
Letter dated 07.10.2002 now shown to me is signed by my earlier advocate Mr. B.B. Parekh.
Copy of application filed by PW-1 under RTI Act
Document of mutual consent.
The invitation card of opening ceremony of health care clinic.
Copy of letter sent by PW-1 to all concerned doctors for giving information of starting my clinic at Matunga.
Provisional receipt from BMC in respect of vehicle no.MHZ-7887 related to period between 06/10/1978 to 31/03/1989.
Original BMC vehicle tax bill in respect of same vehicle for the period between 01/04/1981 to 21/03/2019.
Tax bill in respect of vehicle no.MRJ-5885 for the period between 01/04/1981 to 31/03/1982.
Original BMC Motor Vehicle tax bill in respect of vehicle no.MRJ-5885 for the period between May 1984 to April 1985
Original immediate receipt issued by BMC for vehicle no.MRJ-5885.
Original BMC tax bill for vehicle No.MRJ-5885 for the period between 01/04/1982 to 31/03/1983.
Original tax bill for the vehicle no.MRJ-5885 for the period between 01/04/1984 to 31/03/1985.
Original immediate receipt for vehicle no.MHZ-7887.
Original BMC tax bill for vehicle No.MHZ-7778 for the period between October 1986 to September 1987.
Examination in chief of PW-1 is partly recorded.
Case is adjourned to 24/09/2019 for further recording evidence of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Advocate Gidwani for Plaintiff present
Advocate Shirke for Defendant no.1b and 1c present
Court is busy in recording evidence in suit no.6775/00, hence case is adjourned to 14/10/2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Advocate Prem Gidwani for Plaintiff present
Advocate Monika Shirke for Defendant no.1b and 1c present and submitted that she has to rush Hon\''ble High Court for another matter and some documents filed by Plaintiff are to be exhibited.
As witness from suit no.6775/00 is in the witness box and as Defendant\''s advocate is in rush, case is adjourned to 05/11/2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Plaintiff present.
Defendant no.1B with advocate Ms. Namita Shirke for Defendant no.1B and 1c present.
K.B.
L.O.
PW-1 resumed on S.A.
Further examination in chief of PW-1 is partly recorded by advocate Mr. Prem Gidwani.
Copy of complaint sent by PW-1 to Senior Inspector Matunga police station.
Certified copy of NC case no.598/97 registered with Sion police station is filed by PW-1 along with its official English translation. Copy of NC report is public document.
Certified copy of NC case no.635/97 registered with Sion police station is filed by PW-1. Copy of NC report is public document.
Certified copy of NC case no.909/97 registered with Sion police station is filed by PW-1. Copy of NC report is public document.
Certified copy of complaint lodged by PW1 on 13/11/1997 in Sion police station.
Copy of complaint lodged by PW-1 on 26/12/1997 in Sion police station.
Copy of NC report no.1137/97 filed with Sion police station is filed by PW-1 on record. Copy of NC report is public document.
Certified copy of NC report no.1130/97. Copy of NC report is public document.
Certified copy of NC report no.745/97. Copy of NC report is public document.
Original letter dated 31/12/1997 sent by Senior PI Sion police station.
Case is adjourned to 07/12/2019 for further examination in chief of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Advocate Mr. Prem Gidwani for Plaintiff present
Advocate Ms. Namita Shirke for Defendant no.1b and 1c present
Further examination in chief of PW-1 is partly recorded. Following documents are exhibited-
Certified copy of NC case no.745/99 registered with Sion police station.
Letter sent by police station officer of Sion police station to PW-1.
Certified copy of NC case no.817/99 registered with Sion police station.
Letter dated 06/08/1999 issued by officer of Sion police station to PW-1.
Certified copy of NC case no.831/99 registered with Sion police station along with its translated copy.
Letter dated 09/08/1999.
Letter dated 28/12/2002.
Letter dated 31/12/2002.
Entries of some amounts noted down on 30/09/1988 in a diary.
Office copy of letter dated 02/04/1998 sent by PW-1 to Devendra Parikh.
Office copy of letter dated 31/12/2002 sent by advocate Mr. B. B. Parekh to advocate Mr. Javahar J. Thakkar, the advocate for original Defendant no.1.
Letter dated 02/01/2003 sent by my advocate Mr. B. B. Parekh to court receiver, Hon\''ble High Court, Mumbai. It bears signature of advocate Mr. B. B. Parekh.
Certified copy of charge and plea statement framed by Metropolitan Magistrate Court No.30, Kurla, Bombay in complaint case no.259/P/87.
Original Gujrati letter dated 27/06/1988 and its translated copy.
General power of attorney executed by Defendant no.1 and sister of witness, Kalavati in favour of PW-1.
Copy of letter dated 07/10/1994 sent by advocate Mr. L. S. Krishnamurthi to Defendant no.1B.
Bills issued by workshop namely H. Khan Welding works along with receipt of payment of Rs.8500/- made by PW-1.
Notice dated 09/06/1986 issued by BMC to Jasudaben.
Cash memo issued by the shop namely Bombay Engineer Syndicate.
Copy of letter dated 27/10/1998 sent by witness to original Defendant no.1.
Office copy of letter dated 22/09/1999 sent by witness to the Court Receiver, Hon\''ble High Court, Bombay.
Office copy of letter dated 28/09/1999 sent by Second Assistant of Court Receiver to witness.
Pathology reports about blood tests of witness.
Office copy of letter dated 06/12/2005 sent by witness advocate Mr. B. B. Parekh to the Court Receiver, Hon\''ble High Court Bombay.
Letter dated 18/07/1997. It was written by brother in law Mr. Babulal D. Shah of witness to witness and witness has received it in a postal envelope.
Affidavit dated 03/03/1987 executed by sister Kalavati Shah of witness for relinquishing her rights in his favour as well as in favour of his mother and original Defendant no.1.
Affidavit dated 03/03/1987 executed by sister Hemlata Himmatlal Shah of witness for relinquishing her rights in his favour as well as in favour of his mother and original Defendant no.1.
Postal envelope and letter dated 14/11/1979 sent by Chairman of Lions Club Medical Centre Mr. D. T. Shah to witness.
Advocate for Plaintiff submitted that remaining documents from third bunch will be exhibited on next date. Considering submissions examination in chief deferred till next date
Case is adjourned to 16/01/2020 for further examination in chief of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Ganesh Lambhate for Plaintiff present
Advocate Namita Shirke for Defendant present
Mr. Niranjan Chavan, Clerk of Court Reciver, Hon\''ble High Court, Bombay present.
Court is busy in recording evidence in HC Expedited suit no.2537/13, hence case is adjourned to 06/02/2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Advocate Mr. Prem Gidwani for Plaintiff present and submitted that potassium level of PW1 has gone down hence he is unable to attend the Court today. Considering submissions adjourned.
Defendant no.1B present. His advocate absent.
Mr. Niranjan Chavan, Representative of Court receiver, Hon\''ble High Court present.
On request of Defendant no.1 matter is kept back.
L.O.
Advocate Namita Shirke for Defendant no.1b and 1c present
Case is adjourned to 18/02/2020 for further evidence of Plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Advocate Mr. Prem Gidwani for Plaintiff present
Advocate Namita Shirke for Defendant no.1B and 1C present and filed an application for directions to Court Receiver to collect rent from tenants of room no.6,9 and 11, t.o.r. Plaintiff\''s advocate gave no objection to allow the application.
Mr. Niranjan Chauhan, clerk from the office of Court Receiver, Hon\''ble High Court present.
ORDER ON APPLICATION NO.156
As Plaintiff has given no objection for directions to Court receiver for collecting rent from tenants of room no.6,9 and 11, application Exh.156 is allowed, court receiver is directed to collect rent from the tenants of room no.6,9 and 11.
Advocate for Defendant no.1B and 1C submitted that her senior advocate Mr. Jaydeep Thakkar is held up in another court hence matter may be kept back up to 1.00 pm. Advocate for Plaintiff submitted that PW1 is discharged from the hospital day before yesterday only and he is coming from Ghatkopar hence matter may be adjourned rather than keeping it back. Considering submissions adjourned.
ORDER ON COURT RECEIVER\''S REPORT NO.213/16
Court receiver in report no.213/16 has sought directions from the court as to whether receiver\''s office should collect the rent from the LRs of expired tenants without prejudice to the rights of the parties. Advocate for Defendant no.1B and 1C submitted that those Defendants have objection to collect the rent from such LRs of expired tenants. Plaintiff\''s advocate submitted that court receiver may collect the rent amount but it should be collected as compensation and not as the rent. Considering submissions Court receiver is directed to collect rent amount from LRs of expired tenants but issue receipts as the payment of compensation and such collection of rent/compensation be made without prejudice to the rights of the parties. In report no.213/16 Court receiver has also sought directions from the Court that what action should be taken by his office regarding payment of property taxes and repairs of suit property. Advocate for Plaintiff and Defendant no.1B and 1C submitted that Court receiver may make the payment of property taxes and repairs of suit property from the rent/compensation amount of suit property collected by him, hence Court receiver is directed that he should make the payment of property taxes and repairing expenses of suit property from the rent/compensation amount of suit property collected by him. As such, report no.213/16 is finalized.
Case is adjourned to 02/03/2020 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: PW-1 with advocate Mr. Prem Gidwani for Plaintiff present
Defendant present and requested to keep the matter back.
K.B.
L.O. at 11.20 a.m.
Defendant with advocate Mr. Thakkar for Defendant present and submitted that certified copy of Written Statement of original Defendant no.1 produced by Plaintiff on record filed in suit no.5184/97 is not referred or pleaded by Plaintiff in affidavit in lieu of examination in chief even though in para no.18 of Exh.7 reference of said suit is given.
Plaintiff\''s advocate submitted that for pleading said certified copy of Written Statement Plaintiff will file further short additional affidavit of examination in chief. Considering submissions adjourned.
Case is adjourned to 11/03/2020 for filing additional affidavit in lieu of examination in chief by Plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Plaintiff with advocate Mr. Prem Gidwani present and filed additional affidavit in lieu of examination in chief, t.o.r. Copy served upon Defendant no.1B.
Defendant no.1B present and submitted that his lawyer is held up in another court hence matter may be adjourned.
Case is adjourned to 07/04/2020 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-08-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 19.08.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic and heavy rainfall in Mumbai, it seems that parties are absent, hence case is adjourned to 23/09/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rainfall, and Covid-19 it seems that parties not turned to the court, hence adjourned
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Advocate Mr. S. Nagvadharia for plaintiff present
None present for Defendants.
It seems that due to Corona pandemic, Defendants and their advocate are absent, hence case is adjourned to 18/01/2021 for cross examination of PW1. It is made clear that certified copy of written statement filed by Plaintiff will be exhibited when the person knowing signature of original deceased Defendant no.1 will be identified by any person including his children knowing said signature.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv Mr. S.Nagvadaria i/b Adv Mr. P.S.Gidwani for plff.present.
None present for defendants.
None present for the Court Receiver.
N.M. No.2391/2018 is ordered to be heard along with the Suit as per the noting in roznama dt. 22.01.2019. Ld. Advocate for the plff submitted that another pending NM No.2151/2018 may also be heard with the Suit.
Ld. Advocate for the plff seeks adjournment by submitting that PW-1 was tested Corona positive and said witness is unable to attend this Court today.
As nobody present for defendants, considering present
pandemic condition, on request of advocate for the plff matter
is adjd. for cross examination of PW-1 to 02.03.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv Ms. Srishti Thorat for plff present and seeks adjournment.
None present for defts.
Considering the present pandemic condition, matter is adjd. at same stage beyond summer vacation.
Matter is adjd. for recording evidence p/h to 23.06.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2021
Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2021
Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Adv Ms. Shrushti Thorat for plff present and seeks adjournment by submitting that her client- PW-1 is unable to attend the Court today being a senior citizen.
None present for deft.
As nobody is present for deft, considering the present pandemic condition, on request of adv. for the plff, matter is adjd.at same stage till next date.
Matter is adjd. for recording evidence to 18.08.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: PW-1 present
Deft No.1b present and requested to keep back the matter.
K.B.
L.O. at 11.40 a.m.
Adv Ms. Srishti Thorat for plff present.
Adv Mr. Thakkar for deft Nos.1a and 1b present.
PW-1 present.
Cross examination of PW-1 is recorded partly.
On request of the witness, by consent, matter is adjd. for further cross examination to 16.09.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: PW-1 present
Deft No.1b present and requested to keep back the matter.
K.B.
L.O. at 11.40 a.m.
Adv Ms. Srishti Thorat for plff present.
Adv Mr. Thakkar for deft Nos.1a and 1b present.
PW-1 present.
Cross examination of PW-1 is recorded partly.
On request of the witness, by consent, matter is adjd. for further cross examination to 11.10.2021 at 12 noon.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Ms. Srushti Thorat for plff present and seeks adjournment by submitting that PW-1 is unable to attend this Court today.
Deft No.1b present in person.
Matter is adjd. for evidence p/h to 18.11.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv Ms. Srushti Thorat present for plff.
Deft No.1b present.
Adv Ms. Renuka present for deft.Nos.1a and 1b and filed adjournment application Exh.157. Adv for the plff endorsed no objection on said application. For the reasons stated in application and as adv. for plff has no objection, application is allowed.
Matter is adjd. for evidence p/h to 07.12.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv Ms. Thorat present for plff. and seeks adjournment by submitting that PW-1 is suffering from Herpes zoaster and hence, the witness is unable to attend the Court today. PW-1 is aged more than 75 years. AS it is informed by his ld. Advocate that he is unable to attend the Court today due to the physical ailment as mentioned above and as adv. for the deft has no objection, to protect the interest of justice, adjournment is granted till next date.
Adv Ms. Negi present for deft.
Matter is adjd. for recording evidence to 04.01.2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Nagvadaria a/w Adv Srushti Thorat present for plff.
Adv. Thakkar present for deft No.1a and 1b.
PW-1 present further cross-examination partly recorded.
Matter is adjd. for Further cross-examination of PW-1 to 01/02/2022 at 12.00 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv Ms. Srishti Thorat present for plff present.
Adv Ms. Shirke for deft Nos.1/a and 1/b present.
Both ld. Advocates seek adjournment.
Considering the present pandemic condition, SOP issued by Hon’ble High Court, by consent, matter is adjd. for evidence p/h to 03.03.2022 at 12.00 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-03-2022
Date: 01-02-2022
Business: Adv Ms. Srishti Thorat present for plff present.
Adv Ms. Shirke for deft Nos.1/a and 1/b present.
Both ld. Advocates seek adjournment.
Considering the present pandemic condition, SOP issued by Hon’ble High Court, by consent, matter is adjd. for evidence p/h to 03.03.2022 at 12.00 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv Ms. Srishti Thorat present for plff. and filed pursis at Exh.160 that it is informed to the plff that deft No.3 has expired on 22.02.2022. She seeks time to take steps.
Deft No.1b present. Adv Ms.Namita Shirke present for deft.1b.
Matter is adjd. for steps to 22.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None present for plff.
Deft No.1b present in person.
Adv Ms. Renuka Negi present for deft No.1b.
It is recorded in the roznama of previous date that deft No.3 has expired. Plff has not taken steps till date in respect of deceased deft No.3.
As nobody is present for the plff, matter is adj. for steps to 27.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Defendant No.1B present.
Adv.Shrushti Thorat for plaintiff present.
Adv.Renuka Negi for defendant No.1B present.
The Adv. for plaintiff tendered registered chamber summons No.477/2022 a/w. Affidavit. She also filed service affidavit in ch/s. No.477/2022 t.o.r. and marked as Exh.161.
Defendant No.1B filed handwritten reply in Ch/s. No.477/2022 itself.
Heard Adv. of plaintiff and Adv. for defendant No.1B in chamber summons No.477/2022.
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.477 of 2022 is allowed in terms of prayer clause (a) and (b).
2. Plaintiff to carry out the amendments within stipulated time.
3. Chamber Summons is disposed of accordingly.
Matter adjd to 25.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2022
Date: 02-07-2022
Business: Defendant No.1B present.
Adv.Shrushti Thorat for plaintiff present.
Adv.Renuka Negi for defendant No.1B present.
The Adv. for plaintiff tendered registered chamber summons No.477/2022 a/w. Affidavit. She also filed service affidavit in ch/s. No.477/2022 t.o.r. and marked as Exh.161.
Defendant No.1B filed handwritten reply in Ch/s. No.477/2022 itself.
Heard Adv. of plaintiff and Adv. for defendant No.1B in chamber summons No.477/2022.
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.477 of 2022 is allowed in terms of prayer clause (a) and (b).
2. Plaintiff to carry out the amendments within stipulated time.
3. Chamber Summons is disposed of accordingly.
Matter adjd to 25.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Girwani for the plaintiff present .
Defendant No.1-b is present.
Plaintiff filed service affidavit in respect of amended plaint t.o.r marked as Exh.162.
Matter adjourned for order against defendant to 25.08.2022.2
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2022
Date: 25-08-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2022
Date: 25-08-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv.Gidwani for plaintiff present.
Adv.Renuka Negi h/f.Adv.Jaideep Thakkar for deft.No.1b present. She accepts the service of amended plaint as copy of amended plaint is provided by plaintiff to her.
The plaintiff filed service affidavit in chamber summons No.477/2022 t.o.r. and marked as Exh.163.
ORDER BELOW EXH.1
Read the service affidavit Exh.162. The amended plaint after the amendment made vide chamber summons No.477/2022 is served on defendant No.3a to 3c in the month of July 2022 they failed to appear, hence, suit to proceed ex-parte against them.
Matter adjd to 18.10.2022 at 12.00 noon for cross of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2022
Date: 30-09-2022
Business: Adv.Gidwani for plaintiff present.
Adv.Renuka Negi h/f.Adv.Jaideep Thakkar for deft.No.1b present. She accepts the service of amended plaint as copy of amended plaint is provided by plaintiff to her.
The plaintiff filed service affidavit in chamber summons No.477/2022 t.o.r. and marked as Exh.163.
ORDER BELOW EXH.1
Read the service affidavit Exh.162. The amended plaint after the amendment made vide chamber summons No.477/2022 is served on defendant No.3a to 3c in the month of July 2022 they failed to appear, hence, suit to proceed ex-parte against them.
Matter adjd to 18.10.2022 at 12.00 noon for cross of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv.Gidwani for plaintiff present.
None present for defendant.
Adv. for the plaintiff submits that the defendants advocate by telephonic message informed him that he is not feeling well and therefore the witness is not present today. Considering the submission adjourned for cross-examination of plaintiff.
Matter adjd to 22.11.2022 for cross-examination of plaintiff.
Judge
LO at 11.30 am
Adv.Renuka Negi i/b.Adv.Sandeep Thakkar for deft.No.1b present.
Matter adjd to 22.11.2022 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2022
Date: 18-10-2022
Business: Adv.Gidwani for plaintiff present.
None present for defendant.
Adv. for the plaintiff submits that the defendants advocate by telephonic message informed him that he is not feeling well and therefore the witness is not present today. Considering the submission adjourned for cross-examination of plaintiff.
Matter adjd to 22.11.2022 for cross-examination of plaintiff.
Judge
LO at 11.30 am
Adv.Renuka Negi i/b.Adv.Sandeep Thakkar for deft.No.1b present.
Matter adjd to 22.11.2022 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: None present for plaintiff.
Adv.Renuka Negi for defendant No.1b present.
KB
LO at 11.30 am
Adv.Priyanka Tanna h/f.Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
Witness is absent.
KB
LO at 01.00 pm
Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
(As Court is busy in recording evidence in SU 7805/98, hence, adjourned.)
Matter adjd to 09.12.2023 at 12 noon for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2022
Date: 22-11-2022
Business: None present for plaintiff.
Adv.Renuka Negi for defendant No.1b present.
KB
LO at 11.30 am
Adv.Priyanka Tanna h/f.Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
Witness is absent.
KB
LO at 01.00 pm
Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
(As Court is busy in recording evidence in SU 7805/98, hence, adjourned.)
Matter adjd to 09.12.2023 at 12 noon for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2022
Date: 22-11-2022
Business: None present for plaintiff.
Adv.Renuka Negi for defendant No.1b present.
KB
LO at 11.30 am
Adv.Priyanka Tanna h/f.Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
Witness is absent.
KB
LO at 01.00 pm
Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
(As Court is busy in recording evidence in SU 7805/98, hence, adjourned.)
Matter adjd to 09.12.2023 at 12 noon for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv.Gidwani for plaintiff present.
Adv.Jaideep Thakker for deft.No.1b present.
Witness present.
Dr.Jitendra Parikh (PW-1) resumed on S.A.
Cross-examination of PW-1 partly completed.
(At the request of defendant, cross-examination is deferred till next date).
Matter adj. to 19.01.2023 at 12.00 noon for further cross of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: None present plaintiff.
Adv. Renuka Negi For defendant No. 1b present. and filed application for adjournment TOR marked as Exh.164. None present for the plaintiff witness is absent hence adjournment granted.
Matter adj. to 17.02.2023 for further cross-examination of PW-1.
L. O at 11.20 am.
Adv. Priyanka Tanna i/b Adv. Prem Gidwani for plaintiff present.
Already adjourned to 17/02/2023 for further Cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. Gauri Deshpande i/b Adv. Gidvani for plaintiff present.
Adv. Krupa Savajiyani h/f Adv. Jaydeep Thakkar for defendant 1(b) present.
Witness is absent.
K.B
L.O. 1.00pm
Adv. Gauri Deshpande i/b Adv. Gidvani for plaintiff present.
Adv. Jaydeep Thakkar for defendant 1(b) present.
Witness present.
Dr.Jitendra Parikh (PW-1) resumed on S.A.
Cross-examination of PW-1 partly completed.
(At the request of defendant, cross-examination is deferred till next date).
Matter adjd to 13-03-2023 for futher cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023
Date: 17-02-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv.Gauri Deshpande h/f.Adv.Prem Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
Mr.Niranjan Chavan, representative of Court Receiver present.
KB
LO at 01. 25 pm
Same appearance.
Further cross-examination of Dr.Jitendra Parikh (PW-1) partly completed.
Matter adj. to 11.04.2023 for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2023
Date: 13-03-2023
Business: Adv.Gauri Deshpande h/f.Adv.Prem Gidwani for plaintiff present.
Adv.Jaideep Thakkar for defendant No.1b present.
Mr.Niranjan Chavan, representative of Court Receiver present.
KB
LO at 01. 25 pm
Same appearance.
Further cross-examination of Dr.Jitendra Parikh (PW-1) partly completed.
Matter adj. to 11.04.2023 for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv.Gauri Deshpande h/f.Adv.Prem Gidwani for plaintiff present.
Adv.Renuka Negi h/f.Adv.Jaydeep Thakker for defendant No.1b present and filed application for adjournment. TOR and marked as Exh.165.
KB
LO at 12.10 pm
Adv.Gauri Deshpande h/f.Adv.Prem Gidwani for plaintiff present.
Adv.Renuka Negi h/f.Adv.Jaydeep Thakker for deft. No.1b present.
The plaintiff filed draft notice of motion (O-40) a/w. Affidavit in support. O-Leave granted to register draft NM.
Copy of same is received by defendant.
PW-1 is present.
Matter adjd to 07.06.2023 for reply in NM and cross of PW-1.
Next Purpose: REPLY
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Next Purpose: ORDER
Next Hearing Date: 04-07-2023
Date: 07-06-2023
Business: Adv. Gidwani for plaintiff present
Adv. Renuka Negi for defendant no. 1b present and filed reply in NM No. 2391/18 t.o.r. marked as Exh. 166
Mr. Niranjan Chavan representative of Court Receiver present.
Adv. Gidwani for plaintiff received copy of Exh. 166.
Adv. Gidwani for plaintiff present filed registered NM No. 1724/23 t.o.r.
He also filed application t.o.r. marked as Exh. 167
He also filed affidavit of service regarding NM No. 1724/23 t.o.r. marked as Exh. 168
Court receiver directed to furnish report regarding NM No. 1724/23
Matter is adjd.to 04-07-2023 for Order on NM.
Next Purpose: ORDER
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Adv. Gauri Deshpande for plaintiff present.
Adv. Renuka Negi for defendant no. 1b present.
Mr. Niranjan Chavan representatives of Court Receiver present.
LO 12.45PM
Adv. Jaydeep Thakkar a/w Adv. Renuka Negi for defendant no. 1b present.
Heard both the sides in NM No. 1724/2023 which is taken out by the plaintiff for the direction to the Court receiver to take possession of shop no. 2 situating on ground floor, Jasud Bhavan by breaking open the lock, to take inspection of the said premises and to submit report. From the perusal of the record, it appears that vide order dtd. 30-08-1999, the Honble Bombay High Court appointed Court receiver in respect of the entire suit building i.e. the Jasud Bhavan. It also appeares that this Court vide order dtd. 23-01-2018 directed the Court Receiver to submit a report in respect of possession of block no. 4 situated on the ground floor in the said building and accordingly Court Receiver has submitted report bearing no. 44/2018. It is informed by the Ld. Counsel that the shop no. 2 is in the abandoned condition since last around 15 years and there are arrears of repair cess and property taxes in respect of the said shop. The Ld. Counsel appearing for plaintiff and defendant no. 1b have shown readiness to share the said arrears of repair cess and property taxes equally. In this view of the matter I deem it just and appropriate to allow the notice of motion by directing the court receiver to take physical possession of shop no. 2 Jasud Bhavan by breaking open the lock and submit a status report in respect of said shop i.e. shop no. 2 within four weeks from today. The NM No. 1724/23 stands accordingly disposed of.
Authenticated copies of this roznama be given to the parties and the court receiver.
Matter is adjd.to 03-08-2023 for cross of PW - 1 and compliance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2023
Date: 04-07-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Gauri Deshpande a/w plaintiff present.
Defendant present.
Mr. Niranjan Chavan representative office of Court Receiver present submitted a report in terms of the order dtd. 04-07-2023 passed by this Court. He would make submission that the copy of said report has been given to the plaintiff and defendants no. 1b. The said report is t.o.r. marked as Exh. 169 PW -1 is present to face cross examination. The defendant no. 1 b would make submission that his counsel will attend the matter within 20 minutes to cross examination of PW -1 Hence, matter is kept back at 12.30 pm.
KB LO
Adv. Jaydeep Thakkar for defendant present.
Further cross examination by ADV. Mr. Jaydeep Thakkar for defendant no. 1b commenced
Matter is adjd.to 31-08-2023 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2023
Date: 03-08-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Adv. Gauri Deshpande a/w plaintiff present.
Adv. Renuka for defendant no. 1b present and filed adjournment application t.o.r. marked as Exh.170
Say given on Exh.170 by Adv. for plaintiff
The plaintiff has not raised any objection for grant of adjournment. Due to the reason stated in the application that the The Ld. Counsel for defendant no. 1b is unwell and unable to attend the matter, the application stand allowed.
Matter is adjd.to 18-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Adv. Gauri Deshpande for plaintiff present.
Adv. Renuka Negi a/w defendant no. 1b present.
On the request for the counsel appearing for defendant no. 1b seeking adjournment to cross examination of the Pw-1 and also the contention of the plaintiff counsel that due to prior intimation by the defendant no. 1b, PW - 1 has not appeared today.
Matter is adjd.to 19-10-2023 for cross examination of PW -1 by defendant 1b as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023
Date: 19-10-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023
Date: 19-10-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Adv. Prem Gidwani for plaintiff present.
Adv. for defendant present.
Matter is adjourned to 30-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Adv. Prem Gidwani for plaintiff present.
Adv. Renuka Negi for defendant no. 1b present and filed adjournment application t.o.r. marked as Exh.171 O- Other side to say.
Adv. for plaintiff given say on Exh.
Exh. 171 is contending that The Ld. Counsel for defendant no. 1b is required to attend partly heard writ petition no. 6703/23 listed before her Ladyship Justice Sharmila Deshmukh in the Honble Bombay High Court and the said writ petition is kept for further argument today. The PW - 1 is also not in attendance to face cross examination by the opposite party. Hence, the matter stands adjourned as a last chance for cross examination of PW - 1.
Matter is adjourned to 19-01-2024 for cross examination of PW - 1 as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Adv. Deshpande for plaintiff present.
None for defendant
k.b.
later on 12.00am.
Adv. for plaintiff filed application Exh.172 there by informing that the sole plaintiff Jitendra R. Parik died on
13-01-2024.
The plaintiff counsel seeks 3 weeks time to take appropriate steps for bringing the legal representative of the deceased plaintiff on record. Hence the matter stand adjourned for steps.
Matter is adjourned to 22-02-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: (NOT ON BOARD TAKEN ON BOARD By preceipe )
Adv. Gauri Deshpande for applicant present and filed preceipe it is taken on record and marked as Exh.173
She also filed draft C/S with supporting affidavit t.o.r. - O- Leave is granted to register the draft C/S.
Matter is adjourned to 22-02-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Adv. Priyanka Tanna h/f Adv. Pream Gidwani for plaintiff present and filed vakalatnama on behalf of plaintiff it is taken on record and marked as Exh. 174. she also tendered registered CS 250/24 alongwith affidavit in support.
And also filed affidavit of service it is taken on record and marked as Exh.175.
Adv. Renuka Negi defendant no. 1b present.
Matter is adjourned to 12-03-2024 for CS Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: Adv. Priyanka Tanna h/f Adv. Prem Gidwani for plaintiff present.
Adv. Namita Shirke h/f Adv. Jaydeep Thakkar for defendant no. 1b present and filed handwritten say on C/S No. 250/24.
Matter is adjourned to 27-03-2024 for C/S order
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Adv. Priyanka Tanna h/f Adv. Prem Gidwani for plaintiff present.
Defendant no. 1b in person present.
F. R.S.R. following order passed-
ORDER
1. Chamber Summons No. 250 of 2024 is made absolute in terms of prayer clause (a) and (b).
2. The applicants to carry out the amendment in the plaint within a period of two weeks from today and shall furnish amended plaint on record and copies thereof to the other side without unnecessary delay.
3. Chamber Summons No. 250 of 2024 stands disposed of accordingly.
Matter is adjourned to 26-04-2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Adv. Priyanka Tanna h/f Adv. Prem Gidwani for plaintiff present and filed amended copy of the plaint . It is taken on record. The Ld. Counsel for plaintiff would make submission that copies of amended plaint have been served upon the defendants.
Adv. Namita Shirke for defendant no. 1b present.
None for defendants no. 2 to 9
Matter is adjourned to 20-06-2024 for additional written statement if any by deft. Adv. Priyanka Tanna h/f Adv. Prem Gidwani for plaintiff present and filed amended copy of the plaint . It is taken on record. The Ld. Counsel for plaintiff would make submission that copies of amended plaint have been served upon the defendants.
Adv. Namita Shirke for defendant no. 1b present.
None for defendants no. 2 to 9
Matter is adjourned to 20-06-2024 for additional written statement if any by deft.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Adv. Pream Gidwani for plaintiff present and filed affidavit of service of amended plaint to the defendants It is taken on record and marked as Exh. 177.
Adv. Renuka Naghi for defendant no. 1b present and filed his additional written statement It is taken on record and marked as Exh. 176.
Matter is adjourned to 22-07-2024 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Adv. Sejal Patel i/b. Adv. Prem Gidwani for plaintiff present.
Adv. Jaideep Thakkar for defendant No. 1b present and tendered draft NM alongwith affidavit in support.
Court receiver Kishor Prindavankar Asst. Section Officer is present and received the copy of draft NM.
Matter is adjourned to 05-09-2024 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2024
Date: 05-09-2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2024
Date: 05-09-2024
Business: AdvAshok Rastogi h/f Adv. Prem Gidwani for plaintiff present.
Adv. Jaydeep Thakkar for defendant No.1-b present and tendered registered notice of motion alongwith affidavit in support. It is taken on record.
Court receiver Mr. Kishor Prindavankar, Assistant Section Officer is present.
Matter is adjourned to 08-10-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: Adv. Aditya Tawde for plaintiff No.1(b) present and filed affidavit in reply to NM No.3783/2024. It is taken on record and marked as Exh.178.
Copy of the same furnish to other side.
Adv. Jaydeep Thakkar for defendant no.1(b) present and filed pursis alongwith list regarding minutes of meeting of the Court receiver. It is taken on record and marked as Exh.179 and 180.
Later on at 3.45 pm
Mr. K. S. Prindavankar, ASO, Court Receiver, High Court, Mumbai is present.
Matter is adjourned to 19.10.2024 for order in NM 3783/24.
Next Purpose: NM ORDERS
Next Hearing Date: 19-10-2024
Date: 08-10-2024
Business: Adv. Aditya Tawde for plaintiff No.1(b) present and filed affidavit in reply to NM No.3783/2024. It is taken on record and marked as Exh.178.
Copy of the same furnish to other side.
Adv. Jaydeep Thakkar for defendant no.1(b) present and filed pursis alongwith list regarding minutes of meeting of the Court receiver. It is taken on record and marked as Exh.179 and 180.
Later on at 3.45 pm
Mr. K. S. Prindavankar, ASO, Court Receiver, High Court, Mumbai is present.
Matter is adjourned to 19.10.2024 for order in NM 3783/24.
Next Purpose: NM ORDERS
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
It is seen from the record that notice of motions is fixed for orders and hence not coming under the category to be assigned to this court. Considering the same matter is transferred back to Court Room No.62 for passing of orders. Placed on 22.10.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Adv. Aditya Tawde for plaintiff present.
Adv. Vandana Tiwari for third party present and filed application u/s. 151 C.P.C. It is taken on record and marked as Exh.181.
Copy of the same furnished to other side.
O- Other side to say.
Adv. Namita Shirke for defendant no.1(b) present.
Mr. K. S. Prindavankar, ASG, Court Receiver, High Court, Mumbai present.
Today the matter is under caption of NM order and re-transferred from CR. No.19 to this Court.
Matter is adjourned to 16.11.2024 for NM order and say on Exh.181.
Next Purpose: NM ORDERS
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: Adv. Prem Gidwani for plaintiff present.
Adv. Vandana Tiwari for third party present and filed draft chamber summons alongwith affidavit in support. It is taken on record. She is seeking leave to register draft chamber summons and permission for not pressing the application Exh.181.
In view of the said application Exh.181 Ld. Adv. for the third party is directed that to satisfy the Court how leave to register chamber summons can be granted when earlier application is pending.
Adv. Jaydeep Thakkar for defendant no. 1(b) present.
Mr. K. S. Prindavankar, ASO, Court Receiver, High Court, Bombay present.
Matter is adjourned to 09.12.2024 for NM order and say on Exh.181.
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2024
Date: 16-11-2024
Business: Adv. Prem Gidwani for plaintiff present.
Adv. Vandana Tiwari for third party present and filed draft chamber summons alongwith affidavit in support. It is taken on record. She is seeking leave to register draft chamber summons and permission for not pressing the application Exh.181.
In view of the said application Exh.181 Ld. Adv. for the third party is directed that to satisfy the Court how leave to register chamber summons can be granted when earlier application is pending.
Adv. Jaydeep Thakkar for defendant no. 1(b) present.
Mr. K. S. Prindavankar, ASO, Court Receiver, High Court, Bombay present.
Matter is adjourned to 09.12.2024 for NM order and say on Exh.181.
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2024
Date: 16-11-2024
Business: Adv. Prem Gidwani for plaintiff present.
Adv. Vandana Tiwari for third party present and filed draft chamber summons alongwith affidavit in support. It is taken on record. She is seeking leave to register draft chamber summons and permission for not pressing the application Exh.181.
In view of the said application Exh.181 Ld. Adv. for the third party is directed that to satisfy the Court how leave to register chamber summons can be granted when earlier application is pending.
Adv. Jaydeep Thakkar for defendant no. 1(b) present.
Mr. K. S. Prindavankar, ASO, Court Receiver, High Court, Bombay present.
Matter is adjourned to 09.12.2024 for NM order and say on Exh.181.
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: Adv. Puja Tukrel for plaintiff present.
Adv. Usha Tiwari for applicant present.
Adv. Jaydeep Thakkar for defendant no.1 (b) present.
Mrs. P. P. Sarang, Section Officer, Court Receiver, Bombay High Court.
Heard Ld. Counsel for the applicant in draft chamber summons on the point of entitlement to grant leave for registration of chamber summons.
Matter is adjourned to 13.01.2025 for order in NM and draft CS.
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2025
Date: 09-12-2024
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2025
Date: 09-12-2024
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2025
Date: 13-01-2025
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2025
Date: 13-01-2025
Business: Adv. Usha Tiwari for applicant present and tendered draft CS.
She also filed application for seeking permission to produced document. It is taken on record and marked as Exh. 182.
O- Permission granted.
None for plaintiff.
Adv. Jaydeep Thakkar for defendant no.1(b) present.
Matter is adjourned to 20.02.2025 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2025
Date: 13-01-2025
Business: Adv. Usha Tiwari for applicant present and tendered draft CS.
She also filed application for seeking permission to produced document. It is taken on record and marked as Exh. 182.
O- Permission granted.
None for plaintiff.
Adv. Jaydeep Thakkar for defendant no.1(b) present.
Matter is adjourned to 20.02.2025 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: Adv. Usha Tiwari for applicant present.
Adv. Mumtaz Shaikh for plaintiff present.
Adv. Namita Shirke for defendant no. 1b present and tendered pursis regarding leave alongwith list of document. It is taken on record and marked as Exh.183 Colly.
Matter is adjourned to 27.03.2025 for argument on maintainability of draft CS.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: None for plaintiff present.
None for defendant.
Court is on half day leave for training at Uttan. Hence, matter is adjourned to 21.04.2025 for CS argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: Plaintiff in person present.
Adv. Jaydeep Thakkar for defendant no. 1 present.
Later on at 3.57 pm
Adv. Rahul Ranbhise for applicant present.
Last chance granted to intervener to argue on next date.
Matter is adjourned to 16.06.2025 for CS argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: Adv. Mumtaz Shaikh for plaintiff present.
Adv. Vandana Tiwari for intervener present.
Adv. Jaydeep Thakkar for defendant no. 1b present and tendered pursis regarding NM No. 2151/2018. It is taken on record and marked as Exh.184.
Matter is adjourned to 21.06.2025 for order on NM No. 2151/18.
Next Purpose: NM ORDERS
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: Adv. Shrinivasan for plaintiff present.
None for defendant.
Kb
Matter is adjourned to 24-06- 2025 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 24-06-2025
Date: 21-06-2025
Business: None for plaintiff.
Defendant no.1 b in person present.
Adv. Sanjana Tiwari for intervener present.
Kb
Matter is adjourned to 18.08.2025 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Adv. Mumtaz Shaikh for plaintiff present.
Adv. Jaydeep Thakkar for defendant no. 1b present.
Adv. Vandana Tiwari for intervener in draft CS present.
KB
Heard adv. for the plaintiff and defendant no.1b.
The advocate for the defendant no.1b submitted that the one of the tenant has bifurcated shop no.1, Jasud Bhavan Building and he has inducted third person in the shop premises illegally. The tenant has done illegal alterations in the shop galas. The Rent Collector P.A.Rane at submitted his report to the Court Receiver on 04.04.2000 and on 21.10.2005. The Court Receiver has not taken any action on the report of the Rent Collector for last more that 25 years. So, the advocate for the plaintiff and defendant no.1b have prayed to direct the Court Receiver to take action against the occupant of shop no.1 in Jasud Bhavan Building.
After hearing the advocate for the plaintiff and defendant no.1b, I am of the view the suit property is in the custody of the Court Receiver. The Court Receiver is the custodian to protect the suit property, but he has not taken any steps to maintain and preserve the suit property. It is necessary to call the status report of the suit premises from the Court receiver. So, I pass the following order :
1. The Court Receiver of the Jasud Bhavan Building is hereby directed to visit the building and shop no.1 and submit the status report of the shop no.1 in this building within one month and before next date.
2. Till then NM No. 2151/2018 is kept pending.
3. Inform about this order to the Court Receiver.
Matter is adjourned to 04.10.2025 for report of the Court Receiver / compliance.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Court is on leave
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Adv. Anita Sargare i/b Adv. Jayydeep Thakkar alongwith defendant No. 1(b) present.
Adv. Vandana Tiwari for applicant present.
Rucha Ambekar, Master (ADM), Court Receiver present and submitted the site report of the suit premises. It is taken on record and marked as Exh.185. The copies of the report is supplied to all the parties.
Matter is kept back.
Later on at 5.00 pm
Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Adv. Jaydeep thakkar alongwith defendant No. 1(b) present.
Adv. Vandana Tiwari for applicant present.
Matter is adjourned to 12.12.2025 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2025
Date: 12-12-2025
Business: Adv. Minhal Hussain for plaintiff present.
Adv. Vandana Tiwari for defendant present.
Matter is adjourned to 17.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Prem Gidwani for plaintiff present.
Adv. Jaydeep Thakkar for defendant no. 1 present.
Adv. Vandana Tiwari for applicant present.
Matter is adjourned to 25.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
Adv. Jaydeep Thakkar for defendant no. 1 (b) present.
Adv. Vandana Tiwari i/b Adv. Usha Tiwari for applicant in Chamber Summons present.
Kept Back.
Later on at 2.58 pm
Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present and stated that her senior is not present. The suit is pending since 1999 therefore, further opportunity cannot be granted. She is stating to keep it tomorrow. ON going through the board of everyday there are atleast 95 matter including NM and CS therefore, the Court cannot increase the number of cases on a day just for the sake of adjournment sought by advocate for plaintiff. The plaintiff is well aware that his suit is pending since 1999 and there is directions to dispose of the old cases expeditiously. Therefore no adjournment can be granted to old suit which is more than 5/10/20/30 and more than 40 years old. It is for the plaintiff to decide whether to argue or not if not argued the court will fix date for order.
Adv. Jaydeep Thakkar for defendant no. 1 (b) present and filed list of documents. O- Filed.
Adv. Vandana Tiwari i/b Adv. Usha Tiwari for applicant in Chamber Summons present.
Heard advocate for defendant no. 1(b) and plaintiff on NM 2391/2018, NM 3783/2024 and NM 2151/2018.
Heard advocate for applicant in CS.
Advocate for applicant in the CS stated that she will not press Exh.181. And she has noted in Exh.181 that she is not presing the application in view of CS filed by her. Hence, filed.
Matter is adjourned to 27.03.2026 for CS reply/ Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Adv. Usha Tiwari for applicant in CS present.
Adv. Vanita Shinde h/f Adv. Jaydeep Thakker alongwith defendant no.1B present and tendered affidavit in reply to draft CS. TOR and marked as Exh.186.
Heard arguments of both the sides on NM 2391/18, NM 2151/18 and NM 3783/24.
Heard arguments of both the sides and applicant in CS on draft CS.
Matter is adjourned to 07.04.2026 for Order of NM 2391/18, NM 2151/18 and NM 3783/24 and unregistered CS.
Next Purpose: CS NM ORDERS
Next Hearing Date: 07-04-2026
Date: 27-03-2026
Business: Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Adv. Usha Tiwari for applicant in CS present.
Adv. Vanita Shinde h/f Adv. Jaydeep Thakker alongwith defendant no.1B present and tendered affidavit in reply to draft CS. TOR and marked as Exh.186.
Heard arguments of both the sides on NM 2391/18, NM 2151/18 and NM 3783/24.
Heard arguments of both the sides and applicant in CS on draft CS.
Matter is adjourned to 07.04.2026 for Order of NM 2391/18, NM 2151/18 and NM 3783/24 and unregistered CS.
Next Purpose: CS NM ORDERS
Next Hearing Date: 07-04-2026
Date: 27-03-2026
Business: Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Adv. Usha Tiwari for applicant in CS present.
Adv. Vanita Shinde h/f Adv. Jaydeep Thakker alongwith defendant no.1B present and tendered affidavit in reply to draft CS. TOR and marked as Exh.186.
Heard arguments of both the sides on NM 2391/18, NM 2151/18 and NM 3783/24.
Heard arguments of both the sides and applicant in CS on draft CS.
Matter is adjourned to 07.04.2026 for Order of NM 2391/18, NM 2151/18 and NM 3783/24 and unregistered CS.
Next Purpose: CS NM ORDERS
Next Hearing Date: 07-04-2026
Date: 27-03-2026
Business: Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Adv. Usha Tiwari for applicant in CS present.
Adv. Vanita Shinde h/f Adv. Jaydeep Thakker alongwith defendant no.1B present and tendered affidavit in reply to draft CS. TOR and marked as Exh.186.
Heard arguments of both the sides on NM 2391/18, NM 2151/18 and NM 3783/24.
Heard arguments of both the sides and applicant in CS on draft CS.
Matter is adjourned to 07.04.2026 for Order of NM 2391/18, NM 2151/18 and NM 3783/24 and unregistered CS.
Next Purpose: CS NM ORDERS
Next Hearing Date: 07-04-2026
Date: 07-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Mumtaz Shaikh i/b Adv. Prem Gidwani for plaintiff present.
Defendant no. 1(b) in person present.
Adv. Vandana Tiwari i/b Adv. Usha Tiwari for applicant in draft Chamber Summons present.
F.R.S.R. following order is passed in unregistered CS
ORDER
1. Unregistered Chamber Summons is rejected.
2. No order as to costs.
3. The Registrar (Civil) is directed to register the chamber summons.
4. Accordingly, unregistered Chamber Summons disposed of.
F.R.S.R. following order is passed in NM No. 3783/2024
ORDER
1. Notice of Motion No.3783 of 2024 is rejected.
2. No order as to costs.
3. Accordingly, Notice of Motion is disposed of.
F.R.S.R. following order is passed in NM No. 2391/2018
ORDER
1. Notice of Motion No.2391/2018 is rejected.
2. Parties to bear their own costs.
3. Accordingly, Notice of Motion is disposed of.
F.R.S.R. following order is passed in NM No. 2151/2018
ORDER
1. Notice of Motion No.2151 of 2018 is allowed.
2. The Court Receiver is directed to verify all the records in respect of alterations in Shop No.1 of suit premises i.e. Jasud Bhavan, Sion, Mumbai with the concerned record of the BMC and order of court, if any.
3. It is further directed to Court Receiver in case any discrepancy/illegality is found then he should take appropriate action against the persons concerned.
4. Accordingly, Notice of Motion is disposed of.
The suit is pending since 1999 the issues are already framed in the year 2014 the plaintiff has adduced evidence by filing evidence affidavit of PW-1. The roznama shows that it is for cross-examination of PW-1 dated 18/09/2023. In the year 2018 the two notice of motion were filed by the parties and they took almost 8 years to complete the said notice of motions. The parties are directed to proceed with the suit expeditiously failing which further orders will be passed if any of the parties are not able to proceed with the suit.
Nature Of Disposal: DISMISSED
Disposal Date: 07-04-2026