Date: 15-11-2019
Business: Adv. Pratibha Relekar for plaintiff present.
Adv.S.A. Shaikh for porpoised defendant present, he filed V/p
Matter adj for proof of service on NM 19.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Sagar Bhatave for plaintiff is presen. He filed application u/Sec 80 of CPC. Considering the urgency leave is granted. He seeks time for affidavit of service. O granted.
Adv. Sambodhi Mane for defendant no. 1 and 2 is present.
Matter is adjd. for affidavit of service to 24/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Sagar for Plaintiff is present.
Adv. Samruddhi Mane h/f Adv. Shaikh for defendant no. 1 is present. She seeks time for N/M reply. O Granted as a last chance.
Matter is adjd. for N/M reply/affidavit service to 27/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: matter adjd to 21/03/2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd. to 16.02.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: None for the plaintiff.
KB
L.O.
Adv. Mr. Sagar Batavia for the plaintiff.
The plaintiff has sought declaration of possession of the property consisting of parcel of land admeasuring about 594 Sq. Meter of CTS No.248 at Naurang Chawl, Qureshi Nagar, Kurla (E), Mumbai 400 070 and structure thereon (in short “ the suit premises”). As such, the plaintiff ought to have valued the suit on the market value of the suit premises for the purpose of jurisdiction and Court fees and paid Court fees as per the provisions of under section 6 (v) of the Maharashtra Court Fees Act. However, he has valued the suit at Rs.1000/- only for the purpose of jurisdiction and Court fees and paid Court fees of Rs.200/- only under section 6 (iv) (j) of the Maharashtra Court Fees Act. The plaintiff has not properly valued the suit for the purpose of jurisdiction and Court fees and paid deficit Court fees. Hence, the plaintiff is directed to correct the valuation of the suit and pay Court fees as per the provisions of section 6 (v) of the Maharashtra Court Fees Act. Last chance is granted to the plaintiff to pay deficit Court fees.
Matter is adjd. to 05/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Mr. Sagar Batavia for the plaintiff.
The suit seems to be under value for the purpose of Court fees and jurisdiction. Hence, keep the matter for argument on the point of valuation.
Matter is adjd. to 17/03/2021 for argument on the point of valuation.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Sagar Batavia for the plaintiff
None for defendants.
Affidavit filed by advocate for the plaintiff. t.o.r.
Matter is adjd. to 25/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None present.
Matter is adjd. to 16/04/2021 for removal office objections.
L.O.
Adv. Mr. Sagar B. for the plaintiff.
Copy of valuation report filed by advocate for the plaintiff. t.o.r.
From the valuation report submitted by the plaintiff, it seems that the market value of the suit premises is Rs.8,57,968/-. So, the plaintiff shall pay Court fees on Rs.8,57,968/- as per the provisions of Section 6 (v) of the Maharashtra Court Fees Act and make correction in the valuation clause of the plaint as per the order dated 16/02/2021. The suit be registered keeping open other legal issues, if any.
Matter is already adjd. to 16/04/2021 for removal office objections.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: due to covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
Matter is adjd. to 12/11/2021 for NM No.4231/2019 reply-rejoinder.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: As Court is busy in hearing arguments in NM 417/21 in Suit No.233/21 and other matters. Hence, Board discharged.
Matter is adjd. to 29.11.2021 for NM reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv Sagar Batavia present for the plaintiff.
None present for the defendant.
ORDER
Defendant nos.1 to 3 though duly served with the NM, failed to file there reply till date. Hence, NM is heard without reply on 04.12.2021
Matter is adjd. to 04.12.2021 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv Sagar Batavia present for the plaintiff.
None present for the plaintiff.
Arguments heard.
Matter is adjd. to 08.12.2021 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: As Court is busy in recording evidence in SU No.875/11 and hearing argument in SU 6988/06 and SU 2194/17. Hence, board is discharged.
Matter is adjd. to 21.12.2021 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Sagar Batavia for Plff present.
Matter is adjd. to 04-01-2022
Next Purpose: NM ORDERS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Court is on Leave.
Next Purpose: NM ORDERS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 17.01.2022 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: As Court is busy in other matter on board. Hence, board is discharged.
Matter is adjd. to 25.01.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. Sagar Batavia for Plff present.
FRSR following order is passed-
O R D E R
1.Notice of Motion No.4231 of 2019 is partly allowed.
2.Defendant Nos. 1 and 2, their servants, agents or anyone on their behalf are hereby temporarily restrained from creating third-party interest in the suit property or transfer the suit property to the third-party during pendency of this suit.
3.Rest of the prayers in the Notice of Motion No.4231 of 2019 are rejected.
4.Cost of the Motion will follow in Main cause.
5.Notice of Motion No.4231 of 2019 is disposed of accordingly.
Matter is adjd. to 07.04.2022 for hearing.
Nature Of Disposal: ALLOWED
Disposal Date: 25-01-2022
