Date: 28-08-2019
Business: Earlier order if any, to continue till next date.
Matter adjd to 21/09/2019 for final hearing on NM No. 4215/18.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Plaintiff present.
Adv. K.K.Shukla H/F adv. B.P. Shukla for plaintiff present.
Adv. Harshad Rajeshirke for defendant present.
Defendant present.
Adv. For plaintiff sought adjournment on the count that adv. On record is not available. Adjournment is granted.
Matter is adj. For NM hearing to 4.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv.Yadav for Plaintiff present.
Adv. Rajeshirke for defendant no 1 present.
Parties are present.
KB
LO
Adv. For plaintiff remained absent.
Matter is adjourned in the interest of justice for notice of motion hearing in default for order.
Adjd. To 16.10.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. B.P. Shukla for plaintiff present.
Adv. Rajeshirke for defendant present.
Plaintiff present.
Defendant present.
Plaintiff filed rejoinder to reply filed by defendant.
Heard respective counsel for parties in NM No.4215 of2018
ORDER PASSED BELOW NOTICE OF MOTION NO.4215 of 2018
Present notice of motion is taken out by the plaintiff seeking relief that pending hearing and final disposal of suit the defendant, her servants, agents and persons through or under her be restrained by order of temporary injunction from evicting the plaintiff or taking forcible possession of suit premises and/or disturbing the possession of plaintiff in respect of suit premises i.e. Room Nos.1 and 2, each admeasuring 32.5 feet x 11.00 feet, made of B.M. wall and AC sheet roof situated at CTS No.585, Ashok Niwas, Laxmi Udyog Nagar, Opp. Ind Colony, Bhandup, Mumbai without following due process of law.
Learned advocate for plaintiff submitted that during pendency of suit defendant has taken possession of the suit premises and therefore plaintiff has filed Contempt Notice of Motion No.3070 of 2019 and in view of said fact he submitted to pass necessary order in present notice of motion.
I have gone through present notice of motion and so also contempt notice of motion No.3070 of 2019 and affidavit in support of it. It is clear from the affidavit of plaintiff filed in support of contempt notice of motion that, she stated that between 25.07.2019 to 30.07.2019, when she was out of Mumbai, defendant has break open the lock of suit premises and inducted her son Vivek Ramesh Singh in the suit premises illegally and in willful disobedience of the Court\''s order. Aforesaid contention in affidavit of plaintiff clearly indicate that she is not in possession of suit premises as of now. That being so, relief of temporary injunction sought in above terms cannot be granted. Hence, pass following order.
ORDER
Notice of Motion No.4215 of 2018 stands dismissed and disposed off accordingly.
Learned advocate for plaintiff submitted that plaintiff does not want to adduce evidence in contempt notice of motion No.3070 of 2019 and same can be decided on the basis of pleadings of parties and documents placed on record.
Advocate for defendant also submitted that defendant does not want to adduce any evidence in relation to said contempt notice of motion. Therefore, contempt notice of motion No.3070 of 2019 is posted for hearing.
Adjd for hearing to 13.11.2019
Next Purpose: HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. V. B. Shukla for plaintiff present.
Adv. Rajeshirke for defendant present.
As court is busy in passing order in other matter,
Adjourned for argument to 25.11.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. B.P. Shukla for plaintiff present.
Adv. Rajeshirke for defendant present.
Heard arguments on both sides.
Adjourned to 5.12.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Yadav for plaintiff present.
Adv. Unnati Worlikar for defendant present.
As court is busy in hearing in other matter adjourned to 12.12.2012 for order.
Next Purpose: ORDER
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Plaintiff present.
Adv. Bhagyashree Dhamapurkar for defendant present.
KB
LO
FRSR following order below Notice of Motion 3070/19
Contempt Notice of Motion No. 3070 of 2019 stands dismissed and disposed off accordingly.
Adjourned for issued to 3.01.2020
Nature Of Disposal: DISMISSED
Disposal Date: 12-12-2019