Date: 22-11-2019
Business: Matter called out at11.30 a.m.
By consent Adjd. to 07.02.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Matter is called out at 11.54am
Adv.V.T.Dubey for plaintiff present.
Plaintiff filed affidavit service(Exh-5) T.O.R
As per affidavit defendant no.1 and 2 are duly serve, whereas defendant no.3 and 4 refused to accept the service. Hence, matter to proceed ex-parte.
Plaintiff to file affidavit of evidence.
Matter is adj to 13/04/2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Due to Covid-19 none present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Due to Covid-19 none present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv Rashid Ansari for plaintiff present.
Defendants proceeded ex-parte.
Matter adjd for ex-parte evidence on 06/02/2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv for plaintiff present. He requested adjournment for ex-parte evidence.
Matter adjd for ex-parte evidence on 12/04/2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Adjourned for Ex-parte evidence on 10.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: C.A. of plaintiff is present.
Advocate Mohemmed Rashid for plaintiff is present and filed evidence affidavit of PW-1-Mr. Gulam Rassol Nizamuddin Shaikh. It is marked as Exh.06. He also filed list of documents at Exh.07.
None present for defendant.
Adjourned for ex-parte evidence to 14.01.2022.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Advocate Mohammed Rashid Ansari for plaintiff is present.
None present for defendant.
Adjourned for ex-parte evidence to 23.03.2022.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None present for plaintiff.
None present for defendant.
Adjourned for ex-parte evidence to 18.07.2022.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Plaintiff and his counsel are absent when called.
Matter is proceeded exparte against the defendant and fixed for evidence of Plaintiff. No adjournment application on record. Hence, Plaintiff is hereby directed to lead his evidence on next date without fail.
Adjd. for evidence of Plaintiff to 28/06/2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Vijayarani Prasad present for plaintiff and sought time to adduce evidence. O- Time is granted.
None present for defendant.
Matter is adjd. for Exparte evidence to 30.08.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Court is On Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. V. T. Dubey present for plaintiff.
Suit is proceed against defendants.
Following documents with list Exh-07 are admissible in evidence and marked as Exhibits below.
Exh-08 Power of Attorney.
Exh-09 Copy of agreement for sale dtd.29.12.2016.
Exh-10 Copy of share certicate.
Exh-11 Copy of notice dtd.09.09.2019 with postal receipt.
Adv. for plaintiff filed pursis for closing evidence. t.o.r. Marked as Exh-12.
Matter is adjd. for argument to 04.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. V. T. Dubey present for plaintiff.
Mater is proceeded ex-parte against defendant.
Matter is adjd. for argument to 21.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Vijayarani Prasad h/f Adv. V. T. Dubey present for plaintiff.
Suit is proceeded ex-parte against defendant.
KB for argument.
LO at 12:48 p.m.
Adv. V. T. Dubey alongwith Adv. Fawaz and Rashid Ansari present for plaintiff.
Heard argument of adv. for plaintiff.
Matter is adjd. for Judgment to 15.01.2024.
Next Purpose: JUDGMENT
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: (Matter is received from C.R. 63).
Adv. for plaintiff is absent.
Suit is proceeded ex-parte against defendant no.1to 4.
Judgment
For the reasons separately recorded following order is passed.
ORDER
1. Suit is decreed with costs.
2. It is hereby declared that, the agreement for sale dated 29.12.2016 is valid, subsisting and binding on plaintiff and defendant Nos.1 and 2.
3. It is hereby declared that, defendant Nos.3 and 4 have no right, title and interest in the suit flat and they are in illegal possession as trespassers of the suit flat.
4. Defendant Nos.1 to 4 are hereby directed to hand over vacant and peaceful possession of suit flat No.G2, Ground Floor, Brahman Wadi, Pipe Road, Kurla (West), Mumbai-70 within 3 months from today.
5. Defendant Nos.3 and 4 are hereby permanently restrained from creating third party interest or parting with possession of suit flat to any third party.
6. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-01-2024