Shafi K.M.VsShankar Rajaram Bairi (Bhairu)

Date: 22-01-2020
Business: Plaintiff present.
Adv. Tripathi for Plaintiff present and tendered original NM 4497/19
Adv. Archit Manurkar for Deft present and seeks time to file reply.
Time granted.
Earlier order to continue.
Matter stands Adj for Reply to 05.03.2020
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is busy in dictating order in suit no. 2880/19. Hence, board is discharged.
Earlier order to continue till next date.
Matter stands Adj for filing reply to NM on 23.04.2020.
Next Purpose: REPLY
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Adv. Archit Manurkar for defendant present and tendered written statement.
Matter stands Adj for reply to 12.02.2021
Next Purpose: REPLY
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Advocate Viren Tripathi h/f adv. L.K.Tripathi for plaintiff present.
W/st of defendant is already on record. It is marked as Exh.3
Advocate Akash Vikramsingh i/b RJ Law for defendants present and filed pursis adopting written statement as reply to NM No. 4497/19 TOR and marked as Exh. 4.
O- Seen
He undertakes to serve copy of Written statement  on Plaintiff at least a week in advance of next date.
Earlier order is to be continued till next date.
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 Abhishek Tripathi I/b adv. L.K.Tripathi  for plaintiff present.
Advocate Aakash Vikramsingh i/b RJ Law for defendants present and served copy of written statement on advocate for Plaintiff.
Earlier order is continued till next date.
The case is adjourned to 05.04.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 28.06.2021 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of 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: NM FOR HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Matter called out at 03.14 p.m.
Adv. Jayanathan V. h/f Adv. Tripathi for plaintiff present. He is seeking time. Time granted.
Earlier order to continue, if any then.
None present for defendant.
Matter stands adjourned to 10.12.2021 for NM hearing.
Later on at 03.43 p.m.
Adv. Archit G. Manurkar a/w Mr. Tanmay Rane I/b R.J. Law for
defendant present.
Matter already stands adjourned to 10.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Matter called out at 3.48 p.m.
Adv. Virendra Tripathi for plaintiff present.  He tendered original reg. NM No.4497/19. TOR.
Adv. Archit Manurkar I/b RJ Law for defendant present.
Plaintiff filed suit against the defendant praying that he should not be dispossessed from the suit premises without following due procedure of law.  The Ld. Advocate for defendants made a statement that they have filed eviction suit bearing LE&C Suit No.30/2020 before Small Causes Court.  Therefore, in view of the aforesaid fact, nothing survive in the present suit.
Ld. advocate for plaintiff wanted to take instructions.
Earlier order if any, to continue.
Hence, by consent, matter stands adjourned to 13.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Jaganathan for plaintiff present.
Adv. Archit Manurkar for defendants present.
As court is busy in recording evidence in SU No.7250/05.
Therefore, matter stands adjourned to 03.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Matter called out at 3.23 p.m.
Adv. Virendra Tripathi for plaintiff present. He made a statement that he has no communication with his client. He is seeking time. Time granted by way of last chance.
Adv. Archit Manurkar for defendant present.
There will be no extension of interim orders.
Matter stands adjourned to 29.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Virendra Tripathi for plaintiff present.
None present for defendant.
As court is busy in dictating judgment in SU no.594/2008.
Matter stands adjourned to 21.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present for plaintiff.
Adv. Archit Manurkar for defendant present.
Issues framed below Exh.05.
ISSUES
1.	Does the plaintiff prove that he is in legal possession of the suit 	property ?
2.	Does the plaintiff prove the obstruction at the hands of 	defendant?
3.	Whether this court has jurisdiction to try and decide the suit ?
4.	Is the plaintiff entitled for the relief sought ?
5.	What order and decree ?
From the pleading, it reveals that the issue of jurisdiction is required to be dealt as a preliminary issue under O14 R2 of CPC. Parties to advance their argument on next date.
Matter stands adjourned to 23.08.2022 for hearing on preliminary
issues and NM hearing.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Tanmay Rane for defendant present. He is seeking time. Time granted.
Matter stands adjourned to 14.11.2022 for hearing on preliminary
issues.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. L. K. Tripathi for plaintiff present.
Defendant in person present.
K.B.
Later on mentioned at 4.17 p.m.
Adv. L. K. Tripathi for plaintiff present.
Adv. Archit Manurkar for defendant present.
Heard both the sides on preliminary issue.
Matter stands adjourned to 05.12.2022 for hearing on preliminary
issue.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Archit Manurkar for defendant present.
ORDER ON PRELIMINARY ISSUE
1Plaint in S. C. Suit No.2846/2019, be returned to the plaintiff for its presentation before the Ld. Small Causes Court under order 7 rule 10 of Code of Civil Procedure.
2Rival parties are directed to appear before the Ld. Small Causes Court on 30/01/2023 as per the provisions of Order 7 Rule 10-A clause (2) of Code of Civil Procedure.
3Pending Notice of Motions, if any, stand disposed off in terms of return of plaint.
4Suit is disposed off accordingly.
Nature Of Disposal: OTHERWISE
Disposal Date: 05-12-2022

Main Case No: SUIT/0102846/2019
Main Cnr: MHCC010112862019
Main Filing No: 111447

Filing Number: 113072/2019
Filing Date: 28-11-2019
First Hearing Date: 22nd January 2020
Decision Date: 05th December 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE