Date: 17-09-2019
Business: Matter called out(3.36pm)
Plaintiff and his advocate absent.
Adv.V.T.Dubey for defendant present.
Matter is adj for reply on N/M on 05/11/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Matter called out(3.50pm)
Adv.Asit Singh for plaintiff present.
Adv.V.T.Dubey for defendant present.
At the request of plaintiff.
Matter is adj to 02/01/2020 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Matter is called out at 3.36pm
Adv.Asit Singh for plaintiff present seeking time to file reply. Time granted.
Adv.Rashid Ansari h/f V.T.Dubey for defendant present.
Matter is adj to 12/02/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Court is busy recording of evidence in Suit No.110004/1987.
None present.
Matter is adj to 31/03/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Court is on Leave. Hence matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Asit Singh for plaintiff present.
Adv. Dubey for defendant present.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to 07.05.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: None for both the parties.
Adjd for NM reply to 06/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for both sides.
Adjd for NM hearing to 24/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: At 3.05 pm
None present for both sides.
Adjd for NM hearing to 15/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant.
Adv. For plaintiff wrote his reply to Notice of motion itself.
Adjd for NM arguments to 23/03/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None present when called at 2.57 pm
Adjd for arguments to 21/06/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant.
Matter is adjd.to 18/08/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Amin Patel for plaintiff present and prayed for adjournment due to non availability of Adv. Asit Singh.
Adv. V. T. Dubey for defendant present and submitted that NM No. 3308/19 is taken out by the defendant. He further submitted that the plaintiff is not arguing in NM which is pending since 2019.
Considering limited aspect of delay con-donation and filing written statement by setting aside ex parte order is prayed in NM. Both sides are arguing the matter on the next date of hearing.
Matter is adjd.to 22-09-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Asit Singh a/w CA of plaintiff present.
Adv. V. T. Dubey a/w defendant present.
Both sides filed consent terms t.o.r. marked as Exh.5
Order below Exh.5
Exh.5 is Consent Terms filed by the CA of the plaintiff and the defendant. The plaintiff has agreed to allow the defendant to occupy the suit flat on or before 31-03-2023 as per terms and conditions of the registered agreement for sale as specifically mentioned in the consent terms Exh. 5. There are also several clauses in consent terms Exh.5. Both sides have admitted their signature on consent terms Exh. 5 with contents therein and they are identified by their respective advocates. As both sides are voluntarily compromising the matter and they are represented by their advocates, settlement does not appear to be out come of any pressure or factor affecting to its legality. Considering all these aspects, I pass the following order -
- ORDER -
1. Suit No. 2094/2017 is decreed in terms of Consent Terms (Exh.5).
2. Parties shall bear their own cost.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
4. Consent Terms (Exh.5) shall form part and parcel of the Compromise Decree.
5. Compromise decree be drawn up accordingly.
6. Notice of Motion No. 3308/2019 is disposed off having become infructuous due to disposal of the main matter.
Nature Of Disposal: OTHER
Disposal Date: 16-12-2022
