Date: 12-12-2019
Business: Adv. Kumbhar for Plaintiff is present. He tendered register Ch/S a/w affidavit in support.
Adv. Meghna Moghe h/f Adv. P. G. Lad for Defendant is present. She seeks time for tendering reply of Ch/S o Granted as a last chance.
Matter is adjd. for Ch/S reply to 28/01/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: C/S REPLY
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Next Purpose: C/S REPLY
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 10/02/2021 for reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: None for plaintiff.
Adv. Mr. Shete for defendant.
Reply to Ch/s filed by advocate for defendant. t.o.r.
Matter is adjd. to 09/03/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Plaintiff No.1(b) is present. His advocate absent.
Adv. Sayli Apte for the defendant.
Rejoinder filed by plaintiff No.1(b). t.o.r.
Matter is adjd. to 01/04/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 28/06/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: due to covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: due to covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None for plaintiff.
Adv. Ms. Prearna Doke for defendant present.
Adjournment application filed by advocate for the defendant. O-Granted.
Matter is adjd. to 23/09/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: P.O. is busy in dictating judgment in Suit No.2183/16 and order in Suit No. 2378/17. Hence, Matter is adjd. to 18-10-2021
Next Purpose: C/S HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Office Order No.213 of 2021. Holiday is declared today. Matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: As Court is busy in hearing arguments in SU 2445/19 in NM 640/19 and urgent matters and by precipe matter on board. Hence, board is discharged.
Matter is adjd. to 01.02.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 17.03.2022 for Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
Adv. R. R. Pawar present for defendants and sought adjournment.
Plaintiff no. 01B in person present.
Matter adjourned for cs hrg. To 29/04/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Clerk of Adv. is present for plaintiff and tendered application for adjournment. TOR marked Exh. 08.
None present for defendant.
Order on Exh-08
Considering the reason application is Allowed.
Matter adjourned for C/S Hearing to 30.07.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: None present for plaintiff.
None present for defendants.
Plaintiff no. 1-C is present in person and sought adjournment.
Matter adjourned for Chamber Summons hearing to 07.09.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: As p.o. is on leave, matter is adjd.
Next Purpose: C/S HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: As P. O. is on leave, matter is adjd.
Next Purpose: C/S HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: None present for plaintiff.
None present for defendants.
Plaintiff in person present and sought adjournment.
Matter adjourned for Chamber Summons hearing to 09.01.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Plaintiff no. 01B in person present and sought adjournment.
Adv. absent for plaintiff.
None present for defendant.
Matter adjourned for cs hearing to 10/02/23.
Next Purpose: C/S HEARING
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: As presiding officer is on leave, matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: C/S HEARING
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. S. M. Seegarla present for plaintiff and tendered vakalatnama on behalf Adv. Seegarla Shrikant M. for plaintiff. t.o.r marked as Exh.09.
None present for defendant.
As per requsest of advocate for plaintiff, Matter adjourned for cs hearing to 25/04/23.
Next Purpose: C/S HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for cs hearing/order to 05/06/23.
Next Purpose: C/S HEARING
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Sigrela for plaintiff present.
None present from defendant/MHADA.
Ld. counsel for plaintiff submitted that notice of motion number 2343/2016 be decided alongwith the suit. Therefore, this notice of motion shall be decide alongwith suit.
Ch/s. argument of counsel for the plaintiff is heard.
Matter adjourned for Ch/s. argument of counsel for defendant to 22.06.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: dv. Sigarla for plaintiff present.
None present for defendant.
Matter adjourned for CS hearing to 27.07.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. S.M. Seegarla present for plaintiff.
None present for defendants.
Matter adjourned for Ch/s. Hearing to 23.08.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. S.M. Seegarla present for plaintiff.
None present for defendants.
Matter adjourned for Ch/s. Hearing to 27.09.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: None present for plaintiff.
None present for defendants.
Matter adjourned for Ch/s. Hearing to 30.11.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Adv. S. M. Seegarla present for plaintiff.
None present for defendants.
Matter adjourned for Ch/s. Hearing/order to 12.12.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: Adv. S. M. Seegarla present for plaintiff.
None present for defendants.
Order in Chamber summons No. 2190/2019
Perused Chamber summons, affidavit in support thereof, affidavit in reply and affidavit in rejoinder of plaintiffs.
Heard, Ld. Counsel for plaintiffs. Plaintiffs desire to amend suit for declaration of their ownership over the suit property along with structure standing thereon and for that purpose plaintiffs bank upon the principle of adverse possession. Plaintiffs contend that they and before them their father are in continuous possession of suit property for more than twelve years. Plaintiffs submit that after demise of their father on 28.03.2018 they paid taxes. Plaintiffs want to bring that fact on record. Plaintiff also want to bring on record that their father regularly paid municipal taxes and other taxes to authorities with reference to suit property. After demise of their father also they are paying taxes regularly.
I have given thoughtful consideration to submissions of ld. Counsel of plaintiff. Plaintiffs based their plaint on doctrine of adverse possession. For this purpose the only relevant fact is plaintiffs adverse / hostile possession over the suit property before filing of suit. Payment of taxes after filing of suit is irrelevant of decision of the case. In this matter issues were framed in October 2015. Since then suit is lying for evidence of plaintiff but instead of proceeding with the case plaintiff is consuming time in attempting to bring irrelevant facts on record. As per amended provision of rule 17 of Order 6, there cannot be an amendment after commencement of trial, unless the fact which applicant attempts to bring on record was not within knowledge of applicant or applicant was prevented by unavoidable circumstances from amending his suit before framing of issues. In this case fact that plaintiffs father was regularly paying taxes was within knowledge of plaintiffs. Payment of taxes after filing of suit is irrelevant therefore, this Chamber summons cannot be allowed. Accordingly I pass following order.
1. Chamber Summons No. 2190/2019 is rejected.
Matter adjourned for R/E to 20.02.2024.
L.O. at 03.50
Adv. R. R. Pawar h/f Adv. P. G. Lad present for def/MHADA.
Matter adjourned for R/E to 20.02.2027.
Nature Of Disposal: DISMISSED
Disposal Date: 11-01-2024