Tejas Prakash DhariaVsKeyur Kiritkumar Shah +10 more

Date: 03-10-2018
Business: None present for the plff.
The plff has failed to file proof of service of writ of summons of the deft
Matter is adjd. to 18.02.2019 for proof of service of writ of summons of the deft or for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Resumed.
Adv. Anisha Ansari for plaintiff tendered affidavit of service.   TOR.
The P.O. is busy in recording evidence in Suit No. 8978/2000.
Adjd for dismissal to 23.04.2019.
Next Purpose: DISMISSAL
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Resumed.
None for plaintiff and defendant.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Affidavit of service dtd. 18.02.2019.
    It appears from the affidavit of service of writ of summons Exh. 6 that the writ of summons is duly served on defendant no. 9 and 10, defendant nos. 7 and 8, defendant no. 1, defendant no. 3 and 5.  They have not appeared in the matter.
O-   The suit be heard ex-parte against defendant nos. 1, 3, 5, 7, 8, 9 and 10.
    It is also reported that the writ of summons is not served on defendant nos. 2,4, 6 and 11.  It is reported that def. no. 2, 4, are expired.  Plaintiff to take necessary steps against the defendant nos. 2, 4, 6 and 11.
Adjd for taking steps to 19.07.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Rjaesh Khandelwal I/b Adv. Piyush Jain for plaintiff present.
Adv. for plaintiff filed pursis.
Order below Exh. 7
Read pursis (Exh. 7).  By the pursis (Exh. 7) it is intimated to the court by the plaintiff that the plaintiff is unable to obtain the death certificate of defendant nos. 2 and 4 and also the alternate addresses of defendant nos. 6 and 11.  Therefore, plaintiff is not pressing for any relief against the defendant nos. 2, 4, 6 and 11.  In view of this statement vide Exh. 7 the suit against defendant nos. 2, 4, 6 and 11 is dismissed.  Suit to proceed against the other defendants.
Adjourned for exparte evidence to 20.9.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: None present for plaintiff.
Adjourned for exparte evidence to 20.11.2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: None present for the plaintiff.
Adjourned for evidence of the plaintiff to 10.2.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Bhavna Jain for plaintiff present.
None for deft.
Verification of PW-1 is completed.
Ld. counsel for plaintiff seeks time for hearing on admissibility of documents.  Granted.
The matter is adjd for hearing to 20.03.2020.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for hearing to 13.04.2020.
Next Purpose: HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: As per Office Order Nos.74/2020 and 77/2020, due to Lock Down  matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Business: CORAM : H.H.J. SHRI. K.P. NANDEDKAR (Court Room 09)
(Matter pertains to Court Room No. 01)
Adv. Bhavna Jain present for plaintiff and filed Written notes on admissibility of documents by plaintiff.
No one present for defendant.
Matter is adjd to 14/09/2020  for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Ld. advocate Ms.Bhavna Jain for the plaintiff present
Adjd to 17/09/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Adv. Piyush Jain for plaintiff present.
K.B.
L.O.
Adv. Piyush Jain for plaintiff present.
Adv. for plaintiff filed application.
O. - Read application.  Considering the fact that the plaintiff is a doctor and unable to attend the court due to present situation, permission is granted as sought.
Adv. for plaintiff filed application.
O. - Heard.  This is an application seeking permission to file affidavit of plaintiff and for discarding the evidence of power of attorney of plaintiff.  The evidence of the power of attorney was not completed.  The plaintiff does not wish to continue with the evidence of power of attorney, hence, the evidence (Exh.8) of the power of attorney Deepak Shinde is discarded and the plaintiff is permitted to file his affidavit of evidence.
Affidavit of evidence of PW-1 Tejas Prakash Dharia.
Verification of PW-1 is completed.
The matter is adjd for hearing to 22.09.2020.
Next Purpose: HEARING
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: Adv. Bhavna Jain for plaintiff present.
ORDER BELOW EXH.9
Heard.  Document at Sr. no.1 is a power of attorney executed by plaintiff.  It is duly notarized, hence it is marked as Exh.13.  Document at Sr. no.2 is registered relinquishment deed dated 26.12.2012 to which, plaintiff is a party.  It is marked as exhibit.  Document at Sr. no.3 is a power of attorney dated 14.05.2011 executed by the defendant no.1 which was executed at U.S.A. but it was not executed in presence of plaintiff.  The said power of attorney is a part of registered relinquishment deed, hence it is marked as exhibit.  Document at Sr. no.4 is family arrangement between deft. nos.2 to 11. The document of family arrangement is not duly registered and even, copy is a photocopy and the plaintiff is not a party to that document and in his presence, that document was not executed, therefore, family arrangement cannot be marked as exhibit.  Document at Sr. no.5 is a deed of transfer executed between the deft. nos.2 to 11 and the plaintiff and deft. no.1 on 07.10.2000. The document is registered document, therefore it is marked as exhibit.
Original power of attorney of the plaintiff dated 16.04.19.
Original copy of the deed for relinquishment and transfer dated 26.12.2012.
Original power of attorney dated 14.05.2011 of deft. no.1.
Original transfer deed dated 07.10.2000 bearing registration number BBE/575/2001.
Evidence closing pursis filed by Adv. for plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 30.09.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: The court is on leave today. Hence adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: Ld. advocate Ms.Bhavana Jain for the plaintiff present.
She files written notes of arguments.
ORDER
Read and recorded.
The matter is kept for judgment to 19/10/2020
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Business: Adv. Bhavna Jain for plaintiff present.
The Court is busy in dictating judgment in SC  760/13 and SC  378/17, hence, the matter is adjd for judgment to 04.11.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Adv. Piyush Jain along with Adv. Bhavna Jain for plaintiff present.
Counsel for the plaintiff seeks permission to further orally argue on the matter.  He was permitted to argue.
Argument completed.
Adv. for plaintiff placed pursis that the Court may consider to award decree of declaration of title to the extent of shares of defendants leaving aside any heir having share, if any, in respect of the suit property.
O. - Seen and filed.
The matter is adjd for judgment to 10.11.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Adv. Bhavna Jain for plaintiff present.
Court is busy in hearing arguments on N/M in Stamp Nos.4532/20, 4536/20 and 4378/20, the matter is adjd for judgment to 26.11.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Ld. advocate Ms.Bhavana Jain for the plaintiff present
On perusal of the plaint, it appears that the plaintiff has valued the suit claim for declaration u/s. 6(iv)(j) of The Maharashtra Court Fees Act.  The suit is for declaration of ownership of the immovable property and is required to be valued as per 6(iv)(d) of the Act. At this juncture, the Ld. Counsel for the plaintiff submitted that the plaintiff would take necessary steps and would deposit the deficit court fees. The plaintiff to value the suit claim accordingly and deposit the deficit court fees.
The matter is adjd to    16/12/2020         for compliance.
Next Purpose: JUDGMENT
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv. Piyush Jain along with Adv. Bhavna Jain for plaintiff present.
Adv. for plaintiff filed pursis.
O. - Read and recorded.
It appears from the record that the plaintiff has valued the suit claim for Rs.98,37,746/- and affixed the court fees of Rs.66,015/-, thus, the plaintiff has valued the suit claim as per section 6(iv)(d) of the Maharashtra Court Fees Act although the amendment to that effect was not made in the plaint.  Hence, in the matter judgment can be pronounced.
Judgment.
F.R.S.R. following order is passed -
ORDER
1.     Suit is partly decreed with costs.
2.   Plaintiff is hereby declared owner to the extent of share of deceased Shantikumar Nanabhai Merchant and Ashok Nanabhai Merchant in the property bearing survey no.249, Girgaon Division situated at 42, Cow Lane, Girgaon, Mumbai admeasuring 96.99 sq. mtrs.
Nature Of Disposal: DECREED
Disposal Date: 16-12-2020

Filing Number: 110137/2018
Filing Date: 26-07-2018
First Hearing Date: 03rd October 2018
Decision Date: 16th December 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE