Smt. Rutuja Jayesh ModakVsTushar Vitthal Shinde +3 more

Date: 30-08-2019
Business: Adv. Ganesh Murti for plaintiff present and submitted that before the holiday Court on 17/08/2019 he had submitted that Daft of NM supported with affidavit. It may be taken on record and leave my be granted to register the NM. Leave granted. Learned counsel for the plaintiff submitted that he has served the defendant no. 1 to 5 with the NM and undertake to file affidavit of service on next date.
Adv. Jamkhande for defendant no.5 present. He orally prayed for time to file reply to the NM. He submitted that on 17/08/2019 he had submitted his appearance on behalf of defendant no.5
Vakalatnama filed by Adv. Jamkhande. TOR.
Learned counsel for plaintiff submitted that plaintiff in possession of premises. Hence interim protection may be granted by directing the defendants to maintain status quo.
In view of the above statement made before the Court, the defendants are directed to maintain status quo till next date.
Sheristedar to give authenticated copy of today\''s Rojnama to the counsel for the plaintiff for his information and communication to the defendants.
Matter stands Adj for Registering NM and reply to 27/09/2019.
Next Purpose: REPLY
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Kharatmal for plaintiff present and filed affidavit of service.
It is submitted that the defendants no. 1 to 4 have been served with the writ of summons by RPAD and as per the track report and acknowledgements the service is effected. The defendants no. 1 to 4 are absent though served. Ld. counsel for defendant no. 5 is absent. Ld. counsel for plaintiff prayed for grant of extension of time for register the NM. Extension is granted.
In view of the above, Earlier order to continue till next date.
On oral request, Matter stands Adj for appearance and reply to NM to 26.11.19.
Next Purpose: FOR APPERANCE
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Plaintiff present
Adv. Keyur Kulkarni for plaintiff present and filed original NM no.   3957/19 along with affidavit.
Defendant no. 3 present.
Earlier interim order to continue till next date.
Matter stands adjn for reply to NM on 21.01.20
Next Purpose: REPLY
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Bonde for defendant no. 1 to 4 present. and filed VP.
Vakalatnama filed on behalf of defendant no. 1 to 4.
Court is busy in dictating Order in st. 2388/19. Hence, board is discharged.
Earlier order to continue till next date.
Matter stands Adj for reply to 05.03.2020.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is busy in dictating order in suit no. 2880/19. Hence, board is discharged.
Earlier order to continue till next date.
Matter stands Adj for reply to NM to 22.04.2020.
Next Purpose: REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Adv. Jamkhandi for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter stands Adj for reply to 04.02.2021.
Next Purpose: REPLY
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Advocate Deven Bonde for defendant 1 to 4 present and submits that he will file vakalatnama in his individual capacity. He tendered reply to NM  No.3957/19. TOR.
He also filed pursis to treat reply as written statement. TOR and marked as Exh.3.
O- Seen.
Exh.4- Reply treated as Written Statement.
O- R and R
The case is adjourned to 15.03.2021 for NM hearing.
LO at 3.53pm
Advocate Redekar for plaintiff present.
Earlier order is to be continued till next date.
The case is adjourned to 15.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None for Plaintiff.
Advocate Deven Bonde for defendants 1 to 4 present and filed vakalatnama. TOR and marked as Exh.5.
O- Filed.
KB at 4.00pm for NM hearing.
LO at 4.50pm
Same appearance.
The case is adjourned to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: CORAM : H.H.J SHRI.  S. T. SOOR (C.R.NO.2)
In charge of C. R. No. 3
Advocate  Mr. Jamkhandi for plaintiff present.
None present  for defendant.
Earlier order, if any, continue till next date.
Adjd to 29.09.2021 for N.M hearing.
                                                                                   Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Matter called out at 3.40 p.m.
Adv. Deven B. Bonde for Deft. No.1 to 4 present.
Adv. for plaintiff absent.
Hence, matter stands adjourned to 07.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Matter mentioned at 3.47 p.m.
None present for plaintiff.
Adv. Deven Bonde for Deft. No.1 to 4 present.
Matter stands adjourned to 08.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Matter called out at 3.11 p.m.
None present for plaintiff.
Adv. Deven Bonde for Deft. No.1 to 4 present. He made a statement that they are not giving to dispossess the plaintiff from the suit premises. They have opted their remedy for recovery of loan amount from the plaintiff. The plaintiff filed instant suit simplicitor for injunction against the defendant restraining them from dispossessing from the suit premises without following due process of law. In view of above statement made by the defendants, I am of the view, nothing survives in the suit and suit is infructuous therefore, same is disposed of accordingly.
Suit disposed of as infructuous.
As the suit is disposed of as infructuous, hence, nothing survives in the NM and same is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 01-04-2022

NOTICE OF MOTION/103957/2019

Filing Number: 109106/2019
Filing Date: 17-08-2019
First Hearing Date: 30th August 2019
Decision Date: 01st April 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE