Janki Rahul BhattVsHarihar Himmatlal Mehta +3 more

Date: 19-11-2018
Business: By precipe
Adv. Jubin Dalal for the Plaintiff present.
Adv. Rajkumar Sharma for Deftr no.1 present.
Adv. Mishra for Deft no.3 present.
Already tendered Vakalatnama of the pltff
Address memo of the pltff.
Vakalatnama tendered by deft no.1.
K.B
Draft notice of motion and affidavit of support taken out by the pltff for appointment of Court Receiver and for restoration of possession of the suit premises along with other reliefs. t.o.r Leave granted to register.
Vakalatnama tendered by Deft no.3 t.o.r.
Adv for deft no.1 and 3  made statement that they will not create any third party right the respect of suit premises and will not enter to any permanent alternate accommodation in lieu of the suit premises. Their statement accepted by the court.
Deft no.1 and 3 waive service of writ of summons
Matter is adjd. to 27.11.2018 reply to N/M by deft no.1 and 3/W/st by deft no.1 and 3/Proof of service of writ of summons and N/M to deft no.2 and 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: None present for the plff.
Adv. Mr. Lalit Pal for defendant nos. 1 and 3 present.
The plff has failed to file proof of service of writ of summons of the deft nos. 2 and 4
Adv for deft nos. 1 and 3 seeks adjournment for filing reply to N/M and W.S . Granted as a last chance.
Matter is adjourned to 7.02.2019 for reply and W.S by deft no. 1 and 3/ steps by the plff in respect of deft nos. 2 and 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Resumed.
Adv. Parmar for plaintiff filed original writ of summons.  He also tendered registered NM No. 4378/2018 with affidavit. TOR.
The P.O. is busy in hearing NM arguments in suit no. 1164/2018, 2783/2014 and 3399/2013 and order on NM  in suit no. 103/2014.  For want of time the board is discharged.
Adjd for NM reply to 04.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Resumed.
Adv. J. V. Parmar for plaintiff and Adv. S. J. Dubey for defendant no. 4 are present.
The def. Nos. 1 and his advocate are absent.  Their absence is not explained.  The def. No. 1 has not file the w.s and reply to NM.
   Suit be heard without w.s. and NM be heard without reply to def. no. 1.
Exh. 6 - Original writ of summons. O- filed.  IT appears there from the def. Nos. 2 and 4 are duly served with the writ of summons on 19.11.2018.  They have not appeared in the matter.
    Suit and NM be heard ex-parte against them.
Adv. Dubey seeks time to file reply to NM.  Time is granted as last chance.
Adjd for NM reply to 14.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Ashish Gupta for plaintiff present.
Adv. S. J. Dubey for defendant no. 4 present.
Defendant no. 4 present.
Adjournment application filed on behalf of defendant no. 4 for filing reply and written statement.  O-Granted.
Adjourned for NM reply to 5.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. Dalal for plaintiff present.
Adv. Siddharth Dubey for defendant no. 4 present.
Draft NM filed by the defendant no. 4.  Leave is granted to register.
Adjourned for reply to NM to 19.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019

Date: 05-08-2019
Business: Adv. Dalal for plaintiff present.
Adv. Siddharth Dubey for defendant no. 4 present.
Draft NM filed by the defendant no. 4.  Leave is granted to register.
Adjourned for reply to NM to 19.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019

Date: 19-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Dalal for plaintiff present.
None present for defendant.
The defendant nos. 1 and 3 appeared in the matter and were represented by advocate.  They waived the service of writ of summons.  Till date the defendant nos. 1 and 3 failed to file their written statement and reply to NM.  Suit and Notice of Motion to proceed without written statement and reply respectively of the defendant nos. 1 and 3.
Adjourned for hearing on NM to 27.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019

Date: 09-09-2019
Business: Adv. Dalal for plaintiff present.
None present for defendant.
The defendant nos. 1 and 3 appeared in the matter and were represented by advocate.  They waived the service of writ of summons.  Till date the defendant nos. 1 and 3 failed to file their written statement and reply to NM.  Suit and Notice of Motion to proceed without written statement and reply respectively of the defendant nos. 1 and 3.
Adjourned for hearing on NM to 27.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Dalal for plaintiff present.
None present for defendants.
Heard argument of Ld. Advocate for the plaintiff on NM no. 4378/18
None present for defendants.  Put the NM no. 4378/18 for order.
Adjourned for order on NM 4378/18 to 7.10.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-10-2019

Date: 27-09-2019
Business: Adv. Dalal for plaintiff present.
None present for defendants.
Heard argument of Ld. Advocate for the plaintiff on NM no. 4378/18
None present for defendants.  Put the NM no. 4378/18 for order.
Adjourned for order on NM 4378/18 to 7.10.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Dalal for plaintiff present.
Adv. Jyoti Chourasia for defendant no. 3 present.
Vakalatnama filed on behalf of defendant no 3
Court is busy in dictating judgment in SU-5161/07.
Adjourned for order on NM to 9.10.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 16-10-2019

Date: 09-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: None present.
Court is busy in hearing time bound NM in Suit no. 4321/2013.
Adjourned for order on NM to 17.10.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Dalal for plaintiff present.
Order is partly dictated.
Court is busy in hearing time bound NM in Suit No. 4321/13.
Adjourned for order on NM to 18.10.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adjourned for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv Ashish Gupta for plaintiff and plaintiff present
None present for defendant
Issue letter to Court receiver to submit the report.
Matter is adjd to 24.01.2020 for report.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Plaintiff present.
None for deft.
Court receiver has not submitted the report.  Issue letter to Court receiver to submit the report in compliance of order dated 18.10.2019.
The matter is adjd for report to 20.03.2020.
Next Purpose: REPORT
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for report to 11.06.2020.
Next Purpose: REPORT
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 11.01.2021.
Next Purpose: REPORT
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Plaintiff present.  Adv. J.V. Parmar for plaintiff present.
None for deft.
Report of the receiver was already received on record. The report is marked as Exh.9.
Report of the receiver.
Plaintiff to make submission on the report of receiver.
The matter is adjd for say to 11.02.2021.
Next Purpose: REPORT
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. J.V. Parmar for plaintiff present.
None for deft.
Mr. Niranjan Chavhan, Clerk at the Office of Court Receiver present.
ORDER BELOW EXH.1
Read Court Receiver report (Exh.9).  On perusal of the report, it reveals that the Court receiver went to the suit property along with the plaintiff to hand over the possession of suit room to the plaintiff in pursuant to the order of this Court.  The defendant no.3 residing in the room shown as room no.4 by the plaintiff claims that the said room is room no.2.  In this situation, the Court Receiver submitted that due to uncertainty of the room, the representative of the Court Receiver could not take the possession.  In this background, plaintiff to provide sufficient material as regard identity of the room no.4 to the Court Receiver for the execution of the order.
The matter is adjd for say to 19.04.2021.
Next Purpose: REPLY
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: REPLY
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Adv. Dalal for plaintiff present. Perused the order dtd. 11.02.2021.
Representative of Court Receiver Mr. Ghone is present.
He has submitted that the plaintiff has submitted the documents regarding the identity of Room No.4. Thus the Court Receiver to comply with the order of execution as mentioned in NM No. 4378/18.
Matter adjd for compliance to 09.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Dalal for plaintiff is present.
Adv. Uttam Rane for defendant no. 1 is present.
Adv. Bipin Joshi for defendant no.3 is present.
Representative of Court Receiver Mr. Ghone is present and filed report t.o.r marked as Exh.10.
Adv. Mr. Joshi sought time to file reply to Exh.10.
Matter adjd for filing reply on Exh.10 on 24.08.2021.
Next Purpose: REPLY
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: dv. Dalal for plff is present.
Adv. Bipin Joshi for deft no.3 is present and filed V/P t.o.r marked as Exh.11.
Adv.for deft has also filed draft NM. O- Leave granted to register. Copy served to other side.
Representative of Court Receiver Niranjan Chavan is present.
Adv. Uttam Rane for deft no.1 filed V/P t.o.r marked as Exh.12.
On oral request of Adv.for deft no.3 time is granted to file reply to Exh.10.
               Order below NM no.3190/19
Defendant no.4 has sought leave to register NM but till this date has not taken any steps and also has not produced register NM on record. Hence, NM No.3190/19 stands dismissed and it be removed from the board.
Matter adjd for reply to Exh.10 on 18.10.2021..
Next Purpose: REPLY
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per Order No.213 of 2021 dated 12.10.2021 hereby declared holiday on 18.10.2021.  Matter is adjd to 27.11.2021.
Next Purpose: REPLY
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: REPLY
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: By Praecipe
NOB/TOB
Adv. Parmar for plaintiff present.
Mr. Niranjan Chavhan Representative of Court Receiver present.
Adv. For plaintiff filed draft NM alongwith affidavit of service.
Order - Leave granted to register Notice of Motion.
Affidavit of service is filed. None appeared for defendants.
Heard Ld. Adv.for plaintiff. Perused the documents and photographs on record. Considering overall circumstances, the defendants not to take any coercive action with regard to suit property till next date. Plaintiff to comply with the provisions of Order 39 Rule 3 of the CPC. Authenticated copy be given to the parties.
Later on at 02.54 pm.
Adv. Sakshi Agqarwal for deft No.3 present.
Matter already adj for affidavit of reply on 20/01/2022.
Next Purpose: REPLY
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Adv. Parmar for pltff present.
Earlier Order if any to continue till next date.
As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 05/04/2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: By Precipe.
NOB.TOB.
Adv. Ashish Gupta for pltff present.
He filed draft Contempt NM.  Leave is granted to register the same.
Matter is already adjd to 05/04/2022.
Next Purpose: REPLY
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: P. O is on leave.
Next Purpose: REPLY
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv. Ashish Gupta for plaintiff is present and filed affidavit of service of writ of summons. T.O.R.
Adv. Bhavesh Joshi for defendant is present.
Plaintiff tendered on record original registered NM No. 94/22 and contempt NM No. 1172/22 a/w affidavit.
Defendant is directed to tender on record original registered Nm No. 2180/21 on next date.
Matter adjd to 12.08.2022 for WS in Suit, reply to NM No. 94/22 and NM No.1172/22 and tendering original NM NO. 2180/21.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Ashish Gupta for plaintiff is present.
Adv. Sakshi Agarwal for defendant no.3 is present and tendered original registered NM No.2180/21 a/w affidavit in support of NM. T.O.R.
On oral request of Adv.for plaintiff matter adjourned for NM reply and hearing.
Matter adjd to 01.11.2022 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Ashish Gupta  for plaintiff is present.
Adv. Singh  for defendant No. 3  is present.
Advocate for plaintiff has tendered reply NM NO. 2180/2021.
The Ld. advocate for defendant sought time to file reply  to NM No. 1172/2022. Hence on oral request matter adjourned to NM reply and NM hearing.
Matter adjd to 16-12-2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Parmar for plaintiff is present.
Adv. Bipin Joshi for defendant no.2 is present.
On oral request of Ld.Adv.for defendant no.2 matter adjourned for filing reply.
Matter adjd to 09.02.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. J.V. Parmar for plaintiff is present.
Adv. Sakshi Agarwal for defendant no.3 is present and filed reply to NM No. 94/22 and NM No.1172/22. T.O.R. Copy supplied to other side.
The Ld.Adv.for plaintiff has supplied copy of reply filing in NM No. 2180/21 to the defendant.
The Ld.Adv.for defendant no.3 tendered draft NM a/w affidavit in support of it. O- Leave granted to register. Copy supplied to the plaintiff.
Matter adjd to 05.04.2023 for filing reply and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. Mr. Ashish Gupta for plaintiff is present.
Adv. Ms. Sakshi Agarwal. for defendant No. 3 is present.
On oral request of Ld. advocate for defendant No. 3 time is granted to tender original registered NM.
LO at 03:57 PM.
The Ld. advocate for defendant No. 3 is present and filed original registered NM No 968/2023 along-with affidavit.
Matter adjd to 23.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Ashish Gupta for plaintiff is present and filed reply on NM No.968/2023. TOR. O-seen.
Adv. Nikhil Joshi for defendant No.3 is present.
Copy supplied to other side.
Heard both side on NM No.968/2023.
K.B.
Later on at 4.03 p.m.
FRSR order passed in NM No.968/2023.
ORDER
1. NM No.968/2023 stands rejected.
2. Notice of Motion stands disposed off accordingly.
Matter adjd to 22.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: None present for plaintiff.
Adv. Sakshi Agarwal for defendant no. 3 is present.
Matter is adjourned for hearing on NM.
Matter adjd to 10.10.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Adv Ashish Gupta for plaintiff present.
None for defendant present.
Upon perusal of record it reveals that on 16.12.2022 the defendant till appeared through Adv Bipin Joshi and sought time to file reply. However till date no reply has been filed. Hence matter is proceeded without reply of deft no. 2 in NM No. 1172/2022.
Matter adjd to 08-12-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. J. D. Parmar for plaintiff is present.
Adv. A. B. Kajrolkar h/f Bipin Joshi  for defendant no. 3 is present.
On oral request of Ld. Adv. for defendant matter is adjourned for hearing on both notice of motion.
Matter adjd to 15.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Adv. Ashish Gupta for plaintiff is present and seek time. O- Time granted.
C.A of plaintiff is present.
None present for defendant.
Matter adjd to 14.06.2024 for NM hearing on the request of Adv. for plaintiff.
L.O at 4.10 p.m
Adv. Dikshita More h/f Bipin Joshi for defendant is present.
Matter already adjd to 14.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: None present for plaintiff.
Adv. Sakshi Agarwal for defendant no.3 is present and seek time. O- Time granted.
Matter adjd to 26.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: Adv. J. V. Parmar for plaintiff is present.
Adv. Sakshi Agrawal for defendant no.3 is present and seek time. O- Time granted.
Matter adjd to 30.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Plaintiff present and seek time. O- Time granted.
Adv. Dikshita More h/f Adv. Bipin Joshi for defendant no.3 is present.
Matter adjd to 04.12.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Plaintiff present and seek time. O- Time granted.
Adv. Saloni Doshi h/f Bipin Joshi for defendant no.3 present.
Matter adjd to 06.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: Plaintiff present and seek time on the ground of ill health of advocate. O- Time granted.
None present for defendant.
Matter adjd to 07.03.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: Adv. Ashish Gupta for plaintiff is present and filed pursis Exh.13 TOR. He requested time. Time granted. He requested for longer date.
Adv. Eknath Pagam h/f Adv. Bipin Joshi for defendant no.3  is present.
Matter adjd to 19.06.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: Adv. Aashish Gupta for plaintiff is present and submits that the contempt petition is pending before the Hon'ble High Court and it is partly heard.
Adv. Eknath Pagam h/f Adv. Bipin Joshi for defendant no.3 is present.
Matter adjd to 07.10.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Adv. Ashish Gupta for plaintiff is present and seek time. O- Time granted.
Adv. Nilesh Jadhav h/f Bipin Joshi for defendant no.3 is present.
Matter adjd to 22.12.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2025

Date: 22-12-2025
Business: Adv. Aashish Gupta for plaintiff is present and seek time. O- Time granted.
Adv. Saloni Doshi i/b Adv. Bipin Joshi for defendant no.3 is present.
Both seek longer date.
Matter adjd to 17.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: Adv. Aashish P. Gupta for plaintiff is present.
Adv. Nilesh Jadhav for defendant no.3 is present.
Matter adjourned to 10.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: Adv.Ashish Gupta for plaintiff is present.
Adv. Saloni Joshi for defendant No.3 is present.
There are three Notice of Motions pending since long for the hearing. It is of the year 2021 and 2022. Hence, in view of the granted sufficient opportunity NM be kept for dismissal order on next date.
Matter adjourned to 01.09.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: Adv. J. V. Parmar for plaintiff is present.
Adv. Nilesh Jadhav i/b Adv. Bipin Joshi for defendant no.3 is present.
Matter adjourned to 25.11.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2026

NOTICE OF MOTION/100094/2022
NOTICE OF MOTION/104378/2018
NOTICE OF MOTION/101172/2022
NOTICE OF MOTION/100968/2023
NOTICE OF MOTION/103190/2019
NOTICE OF MOTION/102180/2021

Filing Number: 114034/2018
Filing Date: 15-10-2018
First Hearing Date: 19th November 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE