Date: 25-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Ms. Devyani Katira for Plaintiff present and filed affidavit of service, t.o.r.
Advocate Mr. Shahjad Irani for Defendant no.2 present and undertook to file vakalatnama and to file NM reply on next date.
Earlier order to continue till next date.
Case is adjourned to 22/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020
Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
As nobody present for both the parties, considering present
pandemic condition matter is adjd. for NM reply to 21.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021
Date: 29-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv Ms. Devyani Katira for plff present.
None present for deft.
Defts have not filed reply to the NM till date. As nobody is present for defts today, on request of adv. for the plff, earlier interim order to continue till filing of reply to NM by the defts. Defts shall file reply to the NM on next date without fail.
Matter is adjd. for NM reply to 30.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Ms. for Devyani Katari for plff present.
None present for deft.
Despite granting several opportunities, defts failed to file reply hence, N.M.No.4047/2019 to proceed without reply of defts.
Matter is adjd. for NM hearing to 02.12.2021.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Ms. Kataria present for plff.
None present for deft.
Heard argument of adv. for plff in N.M.No.4047/2019.
K.B.
L.O.
Court is busy in other matter hence, matter is adjd. for order to 08.12.2021.
Next Purpose: ORDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Ms. Kataria present for plff.
None present for deft.
K.B.
L.O.at 4.55 p.m.
Adv Ms. Kataria present for plff.
None present for deft.
Court is busy in other matters hence, this matter is adjd. for order.
Matter is adjd. for order to 17.12.2021.
Next Purpose: ORDER
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv Ms. Kataria for plff present.
Heard argument of ld.adv for plaintiff in NM No.4047/19. The statements made in the affidavit filed in support of NM by the plff that defendants are illegally trying to erect a mobile tower on the terrace of the building Bhagyalaxmi Villa have gone on record unchallenged as despite granting several opportunities, defendants have failed to file reply to the Notice of Motion. In fact, nobody has attended the matter for and on behalf of the defendants on any date after 05.02.2020. Plaintiffs have produced document in support of their contentions raised in the plaint and in the affidavit in support of a Notice of Motion. Defendants cannot erect a mobile tower without following the due process of law. Status quo order is already granted in favour of the plaintiff as per order dt.14.10.2019 by the Court by hearing the advocates for plaintiff and defendant No.3. Ld. Advocate for the plaintiff submitted that after passing of the said order, there is a status quo till date at the building and the further construction of the tower is not undertaken by the defendants. Having regards to the fact that defendants failed to contest the Notice of Motion, this court is of the opinion that since the defendants are not appearing , it would be in the interest of justice to allow this Notice of Motion pending final decision of the suit. Thus an order.
ORDER
Pending final disposal of the suit, defendants are temporarily restrained from erecting, installing and operating Cell tower on the terrace of Bhagylaxmi Villa Building, without following the due process of law.
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Defendants failed to file WS hence, suit to proceed without WS.
Matter is adjd. for evidence without WS to 10.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv Ms. Katira present for plff. and brought to the notice that NM No.4047/2019 is already disposed off. Having gone through the roznama, it came to the notice that said NM is already disposed off on 17.12.2021 yet it is shown pending in the CIS and it has appeared on daily board of today. It be marked in CIS as already disposed off.
None present for deft.
Adv for the plaintiff filed evidence in lieu of examination in chief of PW-1 Vrushali Puranik at Exh.5.
She also filed four documents with list Exh.6.
Witness is not present today hence, put up for verification on next date.
Matter is adjd. for evidence to 22.04.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 10-03-2022