Date: 09-01-2020
Business: Plff no.1 with advocate Ms. Anamika Vichare for Plaintiff present
Defendants present. Defendant no.1 submitted that his financial condition is not good, hence he is unable to engage lawyer for himself. Defendants are directed to file an application for free legal aid. It is made clear that, said application will be referred to DLSA for further action.
Case is adjourned to 18/03/2020 for filing vakalatnama on behalf of Defendant nos.1 and 2.
L.O.
Defendant no.1 filed an application for getting advocate from free legal aid, t.o.r. O-This application be forwarded to DLSA for further action.
Next Purpose: SERVICE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv. Anamika Vichare present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard.
Case is adjourned to 06/07/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Business: Due to covid pandemic and lockdown
Next Purpose: SERVICE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: Due to Covid 19
Next Purpose: SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, Plaintiffs are absent, hence case is adjourned to 15/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Ms.Manisha Bhosale for plff and seeks time for filing affidavit of service of writ of summons.
On request of advocate for plff. matter is adjd. for affidavit of service to 08.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv Mr. Salunkhe h/f Adv Ms. Manisha Bhosale for plff present and seeks adjourned beyond summer vacation for filing affidavit of service.
None present for deft.
Matter is adjd. for affidavit of service to 05.07.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv Ms. Vichare for plff present.
None present for defts.
Application Exh.2 filed by the defts on 09.01.2020 was forwarded to DLSA for further action in respect of appointment of adv. on free legal aid basis for the defts. Report in that regard is yet not received. Besides said application, there is nothing on record to show the date of service of writ of summons on the defts. Plff to file affidavit of service.
Matter is adjd. for affidavit of service to 18.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Plaintiff and his Advocate Smt. Vichare for plaintiff present and filed affidavit of service at Exh.3.
None present for defts.
The statement made in the affidavit Exh.3 that defts are served by RPAD and they were present before the Court on 09.01.2020 are acceptable in view of the noting in roznama dt.09.01.2020. Prayer in the affidavit Exh.3 is made to proceed without written statement against deft Nos.1 and 2. Since the application filed by deft Nos.1 and 2 to provide them advocate on free legal aid basis is forwarded to DLSA and as the Court in that regard is yet not received, it would be just to call the report from DLSA whether adv on free legal aid basis is already provided to deft nos.1 and 2, before proceeding without WS against them.
Matter is adjd. for awaiting report to 16.12.2021.
Next Purpose: REPORT
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv Ms. Prajakta Vichare present for plff.
None present for deft.
Court busy in judgment matters and other old matters hence, this matter is adjd.
Matter is adjd. for report to 15.02.2022.
Next Purpose: REPORT
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Plff present with his Adv Ms. Manisha Bhosale.
None present for defts.
Application Exh.2 was filed on 09.01.2020 by defendant Nos.1 and 2 which was forwarded to DLSA. Since report was not received, letter was issued to the office of DLSA but report is not received till date. Though the defts have filed appln. Exh.2 for seeking free legal aid, they did not appear on any date thereafter. Adv for the plff submitted that affidavit of service is already filed. Since defts are not appearing and since sufficient opportunities are already given to them, suit to proceed without WS against the defts.
Matter is adjd. for evidence without WS to 16.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Plff present with his Adv Manisha Bhosale.
None present for defts.
Plff has filed affidavits in lieu of examination of chief of himself and two other witnesses.
Affidavit in lieu of examination in chief of PW-1 Krishanappa Duja Poojari is at Exh.4.
Affidavit in lieu of examination in chief of PW-2 Meera Krishanappa Poojari is at Exh.5
Affidavit in lieu of examination in chief of PW-3 Sumati Ganesh Poojari is at Exh.6.
Adv for the plff seeks time to produce documents.
Matter is adjd. for production of documents to 04.05.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv Manisha Bhosale present for plff. and produced documents with list Exh.7.
None present for deft.
Matter is adjd. for reply of deft about admission denial to 21.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Court is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Plaintiff present Adv. for plaintiff absent.
None for the defendants.
No reply of the defendants on plaintiff’s documents
List of Exhibit marked as Exh.7 for hearing admissibility of documents.
K.B.
Adv. Manisha Bhosale for the plaintiff present.
The plaintiff filed application Exh.8 to place on record the postal receipts about service of documents and evidence on the defendants. Adj. for hearing on admissibility of documents to 14.09.2022
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None present for both sides.
Stage is for admissibility of documents. Affidavits of evidence are filed but not affirmed before the Court. Hence, plaintiff to keep the witness present.
Matter adjd to 15.11.2022 for compliance, admissibility of documents.
Judge
LO at 12.10 pm
Adv.Manisha D. Bhosale for plaintiff present.
Affidavit of examination in chief of Mr.Krishnappa Poojari (PW-1) and Mrs.Sumati Poojari (PW-3) are read and recorded.
Matter adjd to 15.11.2022 for compliance of PW-2, admissibility of documents.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Ms. Manisha Bhosale for plaintiff present.
None present for the defendant.
PW-2 present Mrs. Meera Krishnappa Poojari
Matter adjd to 17.12.2022 for admissibility of documents.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None present both parties.
Witness is absent adj. for administrative of documents.
Matter adj. to 27.02.2023 for administrative of documents.
Judge
later on 11.35 am.
Plaintiff present with his Adv. Manisha Bhosale.
already matter adj. to 27.02.2023 for administrative of documents.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Plaintiff present. His Adv.absent.
KB
LO at 12.15 pm
Plaintiff present.
Adv.Manisha Bhosale for plaintiff present.
Heard the Adv.for plaintiff on documents list Exh.7.
Matter adj. to 28.03.2023 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None present for both parties.
K.B.
Later on,
Adv.Manisha Bhosale for plaintiff is present.
For paucity of time, adjourned for order on documents.
Matter adjd to 27.04.2023 for Order on documents.
Next Purpose: ORDER
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: 27.04.2023
(9)
CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
SU
3301/19
Exh. 9.
Exh. 10.
Exh. 11.
Exh. 12.
Exh. 13.
Exh. 14.
Exh.15.
Art.Y1
Adv. Ms. Manisha Bhosale for plaintiff present
None present for defendant.
K.B.
L.O. at 12.50 pm
Order regarding documents is passed below Exh 06 same is reproduces as follows:-
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. Document at Sr. No.1 is photo-pass of BMC, which is issued by public authority. It is admitted and marked as Exh. 9.
2. Document at Sr. No.2 is property tax bill, in fact this document is issued by Co-operative Society to the plaintiff acknowledging the payment received against certain charges. It is admitted and marked as Exh. 10.
3. Document at Sr. No.3 is electricity bill, it came from proper custody. It is admitted and marked as Exh. 11.
4. Document at Sr. No.4 is ration card, which is issued by public authority. It is admitted and marked as Exh. 12.
5. Document at Sr. No.5 is election identity card, which is issued by public authority. It is admitted and marked as Exh. 13.
6. Document at Sr. No.6 is Aadhar Card, which is issued by public authority. It is admitted and marked as Exh. 14.
7. Document at Sr. No.7 is Pan Card. It is admitted and marked as Exh.15.
8. Document at Sr. No.8 a copy of letter dated 25.03.2017. It is photocopy hence marked as Art.Y1
Matter adj. to 13/07/2023 for cross-examination.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Manisha Bhosale for plaintiff present.
None for defendant
The Ld. Counsel appearing for plaintiff would seek time to examine further witnesses. The plaintiff witness is not in attendance. Hence, the matter stands for cross-examination of PW -1 by the adverse party.
Matter is adjd.to 06-10-2023 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Manisha Bhosale for plaintiff present.
None for defendant
Matter is adjd.to 23-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv. Manisha Bhosale for plaintiff alongwith plaintiff present.
None for defendant
The P.W.No.1 Krishnappa Poojari is present to face cross examination by the apposite party. Since no one is present for the opposite party to cross examine P.W.No.1 Krishnappa, the witness is discharged without cross examination by the opposite party.
K.B.
Matter is adjourned to 10-01-2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Adv. Manisha Bhosale for plaintiff present and tendered written notes of argument taken on record marked as Exh.16
None for defendant
Matter is adjourned to 13-02-2024 for Argument of the other side.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: None for plaintiff.
None for defendant
From the perusal of the record, it would reveal that none of the defendants are attending the proceeding since last several dates. Thus it is apparent that the defendants do not intend to advance any argument in the matter. Hence, their argument stands closed and matter posted for judgment.
LO 1.15PM
Adv. Rakshana Karle for plaintiff present.
Matter is adjourned to 23-02-2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Adv. Manisha Bhosale for plaintiff present.
None for defendant
F. R.S.R. following order passed -
ORDER
1. The suit stands decreed against the defendants with costs.
2. It is hereby ordered that the defendants shall remove themselves from the suit premises i.e. Room No. 293/2/2 Indrayani Society, Behind Hanuman Temple, Upper Depot, Vikroli (W), Mumbai 400 079, along with their belongings if any, within eight weeks hereof.
3. After such removal the defendants are perpetually restrained from entering into, remaining upon, residing, using or occupying any portion of the suit premises.
4. A Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 23-02-2024