Date: 05-12-2019
Business: Adv. Pratibha Redkar for plaintiff present.
Adv. Pratik Shah for defendant no. 1 present and filed reply to NM no. 4455/19. Copy served on other side.
Keep back
Later on.
Adv. Sagar Batia for plaintiff present and filed original NM no. 4455/19 along with affidavit and he seeks time to file rejoinder. Time granted. Ld. counsel for plaintiff is directed to serve the copy of rejoinder well in advance before next date.
Adv Pratik Shah for defendant no. 1 present.
Matter stands Adj for NM hearing to 03.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Sagar Batavia for plaintiff present and filed rejoinder in NM no. 4455/19.
Court is busy in dictating order in suit no. 380/18 and in 725/18.
Hence, board is discharged.
Matter stands Adj for hearing on NM to 19.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for NM hearing to 15.06.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Plaintiff present.
Adv. Sagar Batavia for plaintiff present
None present for defendant.
Matter stands Adj for NM hearing to 03.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Advocate Sagar Batavia for plaintiff present.
Advocate Pratik Shah for defendant present.
By consent,the case is adjourned to 16.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Advocate Sagar Batavia for plaintiff present.
Advocate Pratik Shah for defendant present.
Heard advocate for Plaintiff and defendant.
The case is adjourned to 20.03.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Advocate Batavia for plaintiff present.
Advocate Pratik Shah for defendant no. 1 present.
F.R.S.R.following order is passed
ORDER
1. Notice of Motion is allowed in terms of prayer clause (a) and (b) against the defendant no. 1.
2. Defendant no. 1 or anybody through him is temporarily restrained from demolishing the suit shop without following due process of law.
3. Defendant no.1 or anybody through him temporarily restrained from dispossessing the Plaintiff from suit shop without following due process of law.
4. Costs in cause.
The case is adjourned to 15.06.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 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 sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Court is vacant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Matter called out at 12.52 p.m.
Adv. Sagar Batavia for plaintiff present.
Adv. Pratik K. Shah for Deft. No.1 present. He made a statement that their reply to NM No. 4455/19 be treated as written statement. Hence, reply to NM is taken on record and treated as written statement. It is marked as Exh.3.
Plaintiff to verify whether he has served to Deft. No.2 or not.
Matter stands adjourned to 03.12.2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Sagar Batavia for plaintiff present.
None present for defendant.
As court is busy in taking evidence in SU No.1388/13 and SU 7769/77. Therefore, matter stands adjourned to 31.01.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Court is on Leave, Hence Board is Discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Sagar Batavia for plaintiff present.
Adv. Pratik Shah for Deft. No.1 present.
Issues not framed.
Matter stands adjourned to 29.06.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Court is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Sagar Batavia for plaintiff present.
None present for defendant.
Matter stands adjourned to 15.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Sagar Batavia for plaintiff present. He is seeking time to file draft issues. Time granted.
None present for defendant.
Matter stands adjourned to 11.01.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Batavia for plaintiff present. He tendered draft issues. TOR.
Adv. Mansi Shah for defendant No.1 present.
Heard both sides.
Issues framed below Exh-04.
ISSUES
1. Does the plaintiff prove that his legal possession over the suit property?
2. Does the plaintiff prove that the defendant are intending to dispose him without following due procedure of law?
3. Is the plaintiff entitled for the reliefs sought ?
4. What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Matter stands adjourned on 05.07.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
Adv. Sagar Batavia for Plaintiff present.
Adv. Pratik Shah for defendant no.01 present.
Matter stands adjourned on 15.09.2023 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Adv Batavia a/w Plaintiff present.
Adv Pratik Shah for defendant no.1 present.
Representative of defendant no. 1 present.
Defendant no. 2 absent.
Exh.5 pursis filed by advocate for Plaintiff to withdraw the suit unconditionally against defendant no. 2. TOR. O- Seen and filed.
Exh.6. Authority letter issued by defendant no. 1 in favour of Manish Bafna. TOR.
Exh.7 Consent terms singed by Plaintiff and defendant no. 1. filed by both side. TOR.
ORDER BELOW EXH. 7
Plaintiff and partner of defendant no.1 has filed consent terms. Heard plaintiff and authorized partner of defendant no. 1 in person. Plaintiff and partner of defendant no.1 filed the identification in the form of Aadhar Card.
Plaintiff and partner of defendant no. 1 agreed to the terms and conditions of Exh.7.
They also admit that they are not having any coercion misrepresentation or fraud to enter the Consent Terms.
Heard advocate for both the sides. The suit is unconditionally withdrawn against defendant no. 2. Hence, I pass the following order-
ORDER
1. Suit No. 3110/2019 is disposed of in terms of Consent Terms.
2. Decree be drawn up accordingly.
3. No order as to costs.
4. Court fees be refunded as per rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 15-09-2023