Smt. Halima Anwar alias Shaikh +28 moreVsThe General Manager

Date: 24-10-2019
Business: Fresh matter assigned to this Court.
By Praecipe
Adv. Rajendra Bhandari for plaintiff present.
Adv. Bhangale a/w Adv. Basu for defendant present.
Heard both the counsels on ad-interim relief. It is argued on behalf of plaintiff that defendant has pasted suit notice dt.20/09/2019 on 21/09/2019 on the premises of plaintiff. Plaintiff have no alternate accommodation and there is every apprehension of dis-possession. As against this it is argued by Ld. Counsel for defendant that plaintiff waited for a month from said notice. Similarly such notice was issued in January 2018. Plaintiff have approached the Court and sought Interim relief. However, plaintiff have not continued with the suit and therefore it is dismissed for default.
So as per record similar notice was issued in January 2018, plaintiff has challenged it and sought interim relief. However, plaintiff has not followed said suit and therefore it is dismissed for default. It goes to show that plaintiff was well aware about the alleged apprehension from defendant. Apart from it as per present suit notice it was pasted on 21/09/2019. It goes to show that after laps of one month plaintiff approached to the Court. There is no any explanation why he kept mum for one month. As such argument on behalf of plaintiff about urgency in the matter is not sustainable. Hence no ad-interim relief is granted. NM be registered.
Matter adjd for registered NM and filing reply on 21/11/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Rajendra Bhandari  for plaintiff present.
Adv. Basu  for defendant present.
Adv. for plff tendered registered original NM NO.4156/19 alongwith affidavit.
Adv. deft filed reply to NM No. 4156/19. t.o.r. O-seen and recorded.
Matter adjd for rejoinder if any and NM Hearing on 31/01/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv. Rajendra Bhandari for plaintiff present.
KB. L.O. at 3.33 pm
Adv Basu for defendant present.
Adv Rita Bhandari for plff present.
She states that plff intends to file rejoinder, therefore matter be adjourned.
Matter adjd for filing rejoinder and NM hearing to 24-02-2020 at 2.45 pm.
Next Purpose: REJOINDER
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Geeta Bhandari for plaintiff present.
None Present for the Deft.
Adv for plff submits that short date be given for filing rejoinder. Hence matter adjourned for filing rejoinder and NM Hearing.
Matter Adjd for  filing rejoinder and NM Hearing on 24/03/2020 at 02.45 pm.
L.O. at 3.50 pm
Adv Basu for defendant present.
Matter Adjd for  filing rejoinder and NM Hearing on 24/03/2020 at 02.45 pm.
L.O. at 3.57 pm
Adv Akshata Timmapur for defendant present.
Matter Adjd for  filing rejoinder and NM Hearing on 24/03/2020 at 02.45 pm.
Next Purpose: REJOINDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: REJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: REJOINDER
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Honourable High Court, Bombay the Hon''ble I/c. Principal Judge has been pleased to declare Holiday today i.e. 23-09-2020. Hence matter adjourned.
Next Purpose: REJOINDER
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None for plaintiff.
Adv. RoopKumar Basu for defendant present.
Adjd for NM hearing to 04/03/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Nobody present.
Adjd for NM hearing to 06/05/2021
L. O.
Adv. Roop Basu I/b M/s. The Law Point for defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: As PO is busy in dictating Order in ACB Spl. Case No. 10/2016.  Hence, Board is discharged.  Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None for plaintiff.
Adv Gaurav Jain for defendant present.
Adjd on 29.06.2022 for Hrg on N/M
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Matter called out at 3.19 pm
None for plff
Adv Heena Desai for Defendant present.
NM is pending for hearing since long.  Plff is directed to proceed with the hearing of NM.
Matter is adjd on 24.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Matter called out at 3.12 pm
None for plff
Adv Gaurav Jain for Defendant present
Despite of specific directions none present for plff to argue on NM.  Put up for appropriate order on next date.
Matter is adjd on 15.11.2022 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: None for plaintiff.
Adv. Gaurav Jain i/b The Law Point for defendant present.
Record shows that Notice of Motion No. 4156 of 2019 is pending for hearing since 29.01.2021.  It further shows that since then none has appeared on behalf of the plaintiff in this matter. Despite of specific directions given on 29.06.2022 and 24.08.2022, none present for the plaintiff to proceed with the hearing on Notice of Motion. Therefore, Notice of Motion No. 4156 of 2019 is disposed off for want of prosecution.
Matter is adjd on 30.01.2023  for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None Present
Mattter adjourned to 06.05.2023 for Directions
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: None present.
Matter is adjd on 21-07-2023 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy argument and recording evidence in sessions case, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Roop Basu for defendant present.
Matter is adj to 03/10/2023 for directions
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Roop Basu for defendant present.   He seeks time to file written statement.  Time granted till next date.
Matter is adj to 20/12/2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Ahmed Padela i/b The Law Point for defendant present.
Matter is adj to 19/03/2024 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Roop Basu for defendant present.
Matter is adj to 15/07/2024 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None for plaintiff.
Adv.Padela for defendant present. He filed draft Notice of Motion, along with affidavit and written statement for condonation of delay to file written statement .
Order-Leave is granted to register the Notice of Motion.
Defendant to serve copy of N/M to the plaintiff.
Matter is adj to 08/10/2024 for affidavit of service of N/M / reply on N/M.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None for plaintiff.
Adv.Padela for defendant present.
Matter is wrongly on board.
Matter is already adj to 04/11/2024 for affidavit of service of N/M / reply on N/M.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None for plaintiff.
Adv.Heenal Wadhawa for defendant Nos.1 and 2 present.  She tendered registered N/M No.4560/2024 along with affidavit in support. T.O.R.
Adv.for plaintiff filed affidavit of service of N/M No.4560 of 2024 taken on record marked as Exh-5. Order-Filed.
Matter is adj to 13/01/2025 for reply on N/M by the plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None for plaintiff.
Adv.Roop Basu for defendant present.
Plaintiff called repeatedly he is absent.  Plaintiff fails to file reply on N/M No.4560/2024 hence, N/M No.4560/2024 proceed without reply of plaintiff.
Plaintiff is directed to remain present on next date and proceed positively in present suit.
Matter is adj to 09/04/2025 for hearing on N/M No.4560/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None present for plaintiff.
Adv. Padela for defendant present.
Plaintiff is directed to remain present on next date, else NM will decide on merit.
Matter is adj to 10.06.2025 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None for plaintiff.
Adv.Ahmed Padela for defendant present.
            ORDER ON NOTICE OF MOTION NO.4560 OF 2024.
         Notice of Motion No.4560 of 2024 is filed by the defendant for condonation of delay in filing written statement and for taking written statement on record.   Plaintiffs are not appearing since long.  No reply is filed by plaintiffs.  Heard Ld.Adv. for defendant.  Written Statement is already filed on record along with notice of motion.  Considering the reason mentioned in notice of motion, I am of the view that the written statement to be taken on record.  Hence, following order-
                                     ORDER
1. Notice of Motion No.4560 of 2024 is allowed in terms of prayer clause (a) and (b).
2. Notice of Motion No.4560 of 2024 disposed of accordingly.
Written statement of defendant taken on record marked as Exh-6  Order- Read and recorded.
Copy of written statement for plaintiff given on record.
Matter is adj to 10/09/2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None for plaintiff.
Adv.Priya Kumari for defendant present.
Matter is adj to 15/10/2025 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: P.O. is on leave. Adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None for plaintiff.
Adv.Roop Basu for defendant present and submitted that plaintiff is not appearing in the present suit since 2022.  The N/M No.4156 of 2019 filed by the plaintiff also dismissed for want of prosecution on 15/11/2022.
Order- On perusal of roznama and record it appears that plaintiff is not appearing since 2022.  Despite calling repeatedly noone present for the plaintiff today also.  No adjournment application filed on record.  It shows that plaintiff is not interest to proceed with the present suit.  Hence, suit is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 20-08-2026

NOTICE OF MOTION/104156/2019
NOTICE OF MOTION/104560/2024

Registration Number: 102712/2019
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 111124/2019
Filing Date: 11-10-2019
First Hearing Date: 24th October 2019
Decision Date: 20th August 2026
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE