Arun Sadashiv BanavaliVsPoonam Nakul Banavali

Date: 23-08-2019
Business: Advocate Sahil Mahajan for Plaintiff present
Defendant present.
Heard arguments of advocate for Plaintiff in respect of Notice of Motion.  It is submitted that Plaintiff is owner of suit flat. He has purchased it for Rs.12,600/-.  Defendant is daughter in law of Plaintiff and after her marriage he started residing with Plaintiff\''s son in suit flat.  It is further argued that after marriage Defendant started raising quarrel on petty ground with Plaintiff and she has also lodged NC cases against Plaintiff and Plaintiff\''s son.  It is pointed out that Plaintiff has also filed counter Ncs against Defendant.  It is argued that Plaintiff\''s son left suit house on 10/11/2015 due to the quarrel with Defendant and Plaintiffs son has sent so many letters to Defendant requesting her to stay with Plaintiff\''s son who is residing in premises obtained on leave and license, however Defendant has refused to vacate suit premises.  At present Plaintiff is residing with his wife in one house owned by Plaintiff\''s wife and said house is situated at Bhandup, however Plaintiff is having treatment from the Doctors at Ghatkopar and suit flat is situated in Ghatkopar, hence it is necessary that Defendant should be directed to hand over vacant possession of suit premises to Plaintiff and it is further submitted that it is necessary that Defendant should be directed to pay damages of Rs.30,000/- pm. to Plaintiff for the use of suit premises being made by Defendant.  Plff has also prayed for appointment of receiver.  Plaintiff\''s advocate argued that in view of observations from Batras case Notice of Motion is necessary to be made absolute because suit flat can not be matrimonial home of Defendant.
It is made clear that, if on next date Defendant will not argue NM court will be compelled to dispose of NM on merits by considering reply of NM filed by Defendant.
Case is adjourned to 27/09/2019 for hearing of NM by Defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Advocate for Plaintiff present
Advocate for Defendant filed registered Notice of Motion no.2926/2019 with affidavit in support, t.o.r.
Court is busy in hearing NM argument in suit no.9376/95 and court has to hear NM in suit no.4935/12, hence board of second session is discharged and case is adjourned to 18/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Advocate Trupti Surve for Plaintiff present and filed reply to NM no.2926/19, t.o.r.
Advocate Rekha Musle for Defendant present and sought time for hearing of NM.  Considering submissions adjourned.
Case is adjourned to 17/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Plaintiff present.
Advocate Rekha Musale for Defendant present
Court is busy dictating Judgment in suit no.8136/86, hence case is adjourned to 11/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Advocate Mr. Sahil Mahajan for Plaintiff present
None present for Defendant.
Plff has already argued Notice of Motion no.3185/2018 and Defendant has to argue said Notice of Motion, however it seems that since last 8 months Defendant has not argued it hence it is made clear that, if on next date, Defendant will not argue NM no.3185/18, court will be compelled to decide it considering arguments of Plaintiff. Further if Defendant will not argue Notice of Motion no.2926/19, court will be compelled to dispose it of.
Case is adjourned to 02/05/2020  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 22-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 22-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020

Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Advocate Mr. Sahil Mahajan for plaintiff present
None present for Defendants.
It seems that due to Corona pandemic, no one is present for plaintiff, hence case is adjourned to 16/02/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Plff present with Adv Mr.Sahil Mahajan.
None present for deft.
K.B. for argument.
L.O.at 4.00 p.m.
Heard arguments of adv. for plff on NM No. 3185/2018.
Nobody is present for deft hence said NM be kept for argument of deft/order on next date.
As nobody is present for deft, NM No. 2926/2019 of the deft be kept for dismissal order on next date.
Matter is adjd. for NM argument / order to 22.02.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Plff present in persons with his Adv Khushboo Rohra i/b Sahil Mahajan.
Nobody is present for the deft.
Deft failed to argue NM No. 2926/2019 despite granting sufficient opportunities hence, said NM is dismissed in default for want of prosecution.
Deft failed to argue NM No.3185/2018 hence, said NM be kept for order on merits.
Matter is adjd. for NM order to 01.03.2021.
Nature Of Disposal: DISMISSED
Disposal Date: 22-02-2021

Main Case No: SUIT/0100714/2018
Main Cnr: MHCC010121712017
Main Filing No: 111447

Filing Number: 108312/2019
Filing Date: 03-08-2019
First Hearing Date: 23rd August 2019
Decision Date: 22nd February 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE