Binakumari (SRA) CHS Ltd - Plff Nandlal Bharat Kushwaha - ApplicantVsMulund Shriram CHS Ltd

Date: 17-12-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Jiten Tiwari for plaintiff present.
Adv. Shekhawat  for defendant present.
KB LO
Adv.  S. S. Singh for applicant present and and tendered original registered C/S No. 2262/19 along with affidavit in support.
Adv. Raju Pankar  for plaintiff present and reply to C/S. Copy served to other side.
LO
Heard both sides on NM No. 2205/18
Copy of C/S not served to the defendant till today.
Earlier order, if any, to continue till next date.
Adjd to 29-02-2020  for NM No. 2205/18 order .
Next Purpose: NM  ORDERS
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Mr. Jitendra Tiwari for plaintiff present.
None for defendant
Order on Notice of Motion No. 2205/18 -
                                               ORDER
           By instant Notice of Motion the plaintiff/Society has prayed for temporary injunction restraining the defendant/Society from demolishing the compound wall situated on plaintiff\''s plot. It is not in dispute that C.T.S. no.462 belongs to the defendant/Society. Even though, the plaintiff is claiming that the compound wall is in plaintiff\''s wall, the Court Commissioner has filed map prepared on 17.12.2018 showing that the compound wall is in the defendant\''s C.T.S. no.462 and the disputed land beyond the compound wall adjoining to plaintiff\''s plot is part of C.T.S. no.462. The same position was shown when the survey was carried out on 08.09.2017. There is no document of the plaintiff in support of its claim that the compound wall is located in plaintiff\''s plot. Mere averments in that regard are not sufficient to establish prima facie case.
        According to Ld. Advocate for the plaintiff, the disputed area beyond the compound wall adjoining to plaintiff\''s wall is in possession of plaintiff\''s Society members since long and therefore, the plaintiff has become owner of the said land by adverse possession. He has also cited case laws in support of his argument that a person in settled possession of an immovable property cannot be dispossed without following due process of law. In this regard, it is to be noted that there is no pleading in support of claim of ownership by adverse possession. Moreover, case of the plaintiff in its plaint is that the compound wall is located in its plot and the defendant has no concern therewith. Therefore, the case laws filed by the plaintiff are not applicable to the facts of this case in as much as the claim of the plaintiff is without any documentary evidence. For the reasons given above, I do not find that the plaintiff has established prima facie case, balance of convenience and irreparable loss in its favour. Therefore, Notice of Motion No.2205 of 2018 is dismissed.
Ld. Advocate for the plaintiff orally request to continue earlier order dated 28.03.2018 for 4 weeks so that he can prefer appeal against the order. As the order has continued for last 2 years, the same is continued for a period of 4 weeks from today.
Matter is adjd to 23.04.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2020

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

Date: 14-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: SERVICE
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: SERVICE
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present.
Matter stands Adj for CS Service to 01/03/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: None for plff.
Adv Shekhawat for deft present.
It appears that on 05/12/2019 applicant / third party has taken out CS 2262/2019 for adding him as deft.  Leave to register was granted to the applicant on 05/12/2021.  Since then applicant is not appearing before the Court.  CS is pending since more than 01 year.  It appears that applicant is not interested in prosecuting his CS.  Since this is the first date afther regular functioning of the Court, last chance is granted to the applicant for service of CS on the parties in default for dismissal.
Matter stands Adj for CS Service, in default dismissal to 08/04/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv Shekhawat for deft present.
Matter stands Adj for CS Service to 10/06/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 23-07-2021

Date: 10-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-09-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plff.
Adv Shekhawat for deft present.
Matter stands Adj to 14/10/2021 for CS Dismissal for want of prosecution.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Plaintiff advocate absent.
Adv. Shekhawat for defendant present.
As Court is buzy in administrative work.
Adjd to 15.11.2021.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for plff.
Adv Shekhawat for deft present.
Applicant / third party taken out CS 2262/2019 for adding him as deft.  Leave to register was granted on 05/12/2019.  Since then applicant in CS is appearing before the Court and he failed to serve CS on the parties.  Hence CS is fixed for dismissal in default since 08/04/2021.  Today also applicant in CS is absent.  Hence CS 2262/2019 is dismissed in default for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-11-2021

Main Case No: SUIT/0101419/2018
Main Cnr: MHCC010041582018
Main Filing No: 111447

Registration Number: 102262/2019
Transfer Date: 20-06-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 113845/2019
Filing Date: 16-12-2019
First Hearing Date: 17th December 2019
Decision Date: 15th November 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE