Chhotelal Bansi Prajapati S.C. Suit No. 8215 of 1991VsTapeshwar Bekaru Prajapati and Anr.

Date: 20-12-2019
Business: Shri Muzaffar Patel h/f Mahesh Mishra, Advocate for Plaintiff, present.
On request of Shri Patel, issue notice U/o.XXI, Rule 22 of CPC, returnable on 03/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Ms. Apoorva Pawar, advocate for the defendant no.02 present.
Exe.application marked as Exh-A(Colly)
Ms.Pawar has tendered Vakalatnama, t.o.r. and marked as Exh-B.
Ms. Pawar states that the copy of exe.application has not been served upon the defendant no.02 and therefore, she seeks longer adjournment to obtain certified copies of the exe.application and then to file reply.
Hence, on request of Ms. Pawar, adjd to 20/03/2020.
Later on Shri. Mahesh Mishra, advocate for the plaintiff appeared and he has been informed about the above roznama.
Next Purpose: FOR___________________
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Parties and Advocate absent
As Court is on leave, board discharged and matter, adjd to 13/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Parties and advocate are absent adjourned to 21/01/2021.
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Mr. Mahesh Mishra, Advocate for Plaintiff, present.  None for defendants.
Shri Mishra tendered original notice U/o.XXI Rule 22 of CPC, alongwith service report endorsed thereon, taken on record, marked as Exh-C.
As per report notice has been served upon defendant No.2 and as the defendant No.1 is reportedly expired, Shri Mishra seeks time to file application to bring the legal representatives of the deceased defendant No.1 on record and on his request for taking necessary steps, matter adjourned to 05/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Shri Mahesh Mishra advocate for plaintiff present.
Ms.Apurva Pawar advocate for defendant No.2 present.
Shri Mishra has tendered application for amendment t.o.r. and marked as Exh.D.
Upon hearing Shri Mishra and upon perusing application, amendment allowed.
Amendment be carried out within 14 days from today and notice after amendment be issued returnable on 12/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Ms. Apurva Pawar advocate for defendant No.1 present.
On request of Ms. Pawar matter adjourned to 15/04/2021.
LO
Shri Mahesh Mishra advocate for plaintiff appeared and he has been informed about next date.
Next Purpose: FOR___________________
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Today being declared holiday, adjourned to 29/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 31/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: As Court is on leave, board discharged and matter adjourned to  21/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Parties and Advocate absent matter adjourned to 10/11/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Ms. Kajal Gupta, advocate for defendant No.2 present.
Ms. Gupta has tendered reply of defendant No.2, t.o.r and marked as Exh.E.
As none appeared for plaintiff.
On request of Ms. Gupta, mater adjourned to 11/01/2022.
LO
Shri Mahesh Mishra advocate for plaintiff appeared and he has been informed that the matter is already adjourned to 11/01/2022.
Shri Mishra, has tendered application add the Name of Heirs of the plaintiff, t.o.r. and marked as Exh.F.
Upon hearing Shri Mishra,  application allowed, amendment be carried out ad per rules.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 10/03/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Shri Mahesh Mishra, Advocate for plaintiff present.
Ms. Shraddha Ghag, Advocate for defendant No.2 present.
Shri Mahesh Mishra states that the amendment has been carried out and has tendered vakalatnama for Constituted Attorney of plaintiff Nos.1a, 1c and 1d, t.o.r and marked as Exh.-C.
Shri Mishra, submits that reply of defendant No.2 is already on record and as such, matter has already become contested and in view thereof, matter be submitted to Honourable Court as per assignment.
In view of this position, matter is hereby submitted to Honourable Court, as per assignment, on 23/03/2022.
Office to take steps to assign the matter to Honourable Court.
Parties and advocates to appear before the Court as may be assigned, on 23/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Matter called out at 12.10 p.m.
None present for plaintiff.
Adv. Shraddha Ghag for JDR No.2 present. At her request, kept back.
Later on called out at 2.55 p.m.
None present.
Matter stands adjourned to 28.04.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: None present for plaintiff.
Adv. Shraddha Ghag for Deft. no.2 present.
As court is busy in dictating judgment in SU no. 3536/13 and SU no.594/08.
Matter stands adjourned to 11.07.2022 for hearing.
Later on at 3.34 p.m.
Adv. Mahesh Mishra for plaintiff/applicant present.
Already adjourned to 11.07.2022.
Next Purpose: HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: None present for DH.
Adv. Shweta Singh for JD no.2 present.
Matter stands adjourned to 23.08.2022 for hearing.
Later on at 12.24 p.m.
Adv. Mahesh Mishra for DH present.
Already adjourned to 23.08.2022.
Next Purpose: HEARING
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None present for DH.
Adv. Shweta Singh for JD No.2 present.
K.B.
Later on mentioned at 11.55 a.m.
None present for DH.
Adv. Shweta Singh for JD No.2 present.
Matter stands adjourned to 16.11.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: None present for DH.
Adv. Shraddha Ghag for JD No.2 present.
Matter stands adjourned to 11.01.2023 for hearing.
Later on at 11.40 am
Adv. Mahesh Mishra for DH present.
Already adjourned to 11.01.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Court is on Leave.
Next Purpose: HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: dv. Mahesh Mishra for DH present.
None present for JD.
Heard the advocate of DH. The JD absent. The JD No.2 replied contending that he has applied for restoration of writ petition and his application of interim application is pending. The advocate of DH submitted that there is no stay. Hence, issue warrant under Order-21 Rule-35 of CPC, for the execution of decree passed in S. C. Suit No.8215/1991.
Matter stands adjourned on 03.05.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Mahesh Mishra for DH present. He is seeking time. Time granted.
Adv. Shweta Singh for JD No.2 present.
Matter stands adjourned on 10.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: None for D/h present.
Adv Shewta Singh for J/d no.2 present.
She submitted that matter is stayed by Hon\''ble High Court. She filed copy of W.P. No. 5113 of 2001 in Interim Appeal No. 17441/22 dtd. 31.07.2023. TOR. Matter stands adjourned on 07-11-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: NOB-TOB
Original Writ received from Hon\''ble High Court in Interim Application No. 17441 of 2022 in Writ Petition No. 5113 of2001 dated 31/08/2023. (Coram : Sharmila U. Deshmukh,  Judge) has on 31/07/2023.
PC.
4. Considered the averments made in the Interim Application. The Writ Petition was dismissed for non-prosecution, as no instructions were given to the counsel for the Petitioners. Learned counsel appearing for the Applicants-petitioners submits that due to miscommunication, no instructions could be given.  The Writ Petition is of the year 2001 and pending for final hearing and is required to be decided no merits.
5.  For the reasons stated in the Interim Application, the same is allowed and the order dated 05th September, 2019 is recalled and the writ petition is restored to its file. Considering that there was interim relief which was running in favour of the Applicants-Petitioners-Applicants since 06th November, 2001, the interim relief granted is received.
6. Needless to clarify that the interim relief restraining the applicants-petitioners from creating any third party rights in respect of the suit premises granted vide order dated 23rd April, 2019 is also revived.
7. Interim Application stands disposed of.
8. List the Writ Petition No. 5113 of 2001 on 4th September, 2023 at 4.00 p.m., under the caption for final hearing. Interim relief, granted earlier, to continue till the next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: None present for DH.
Adv. Kavita Mungase present for JD. She is mentioned as E.A.510/19 is stayed.
Matter stands adjourned on 31.01.2024 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from Cr No.
None for  plaintiff.
Adv. Kavita Mungse for defendant No.2 present.
As per roznama dt.25.09.2023 matter is stayed.
Matter adjourned for stayed  to 12-04-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
None for defendant.
Matter adjourned for Suit stayed  to 16-07-2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: The Court is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for D. H./plaintiff.
Adv. Kavita Mungse for JD/defendant No.2 is present.
Matter adjourned as stayed matter by Honble High Court to 08.01.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: None for DH.
None for JD.
Matter adjourned for suit stayed to 03.05.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: None for DH.
Adv. Ravi Gurupag i/b Adv. Yatin Shah for JD No.2 is present.
Matter adjourned for suit stayed to 11.09.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: None for  DH.
Adv. Kavita Mungse i/b Adv. Yatin Shah for JD is present.
Matter adjourned for suit stayed to 23.12.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 23-12-2025

Date: 23-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
Adv. Kajal Upadhyay h/f Adv. Harsha Shah for JD is present.
Matter adjourned for suit stayed to 29.04.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
Adv. Kavita Mungse for JD is present.
Matter adjourned for suit stayed to 17.08.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 17-08-2026

Date: 17-08-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for DH.
Adv. Kavita Mungse for JD is present.
Matter adjourned for suit stayed to 05.12.2026.
                                                                                 Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 05-12-2026

Registration Number: 100510/2019
Transfer Date: 14-03-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100510/2019
Transfer Date: 23-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 113116/2019
Filing Date: 06-12-2019
First Hearing Date: 20th December 2019
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE