Anupama Sharad PuranikVsManish Liladhar Parab

Date: 03-01-2020
Business: Advocate Ms. Poonam Shinde for Plaintiff present and filed registered Notice of Motion no.4879/2019 with affidavit in support, t.o.r.  She also filed affidavit of service, t.o.r.
Defendant no.1 present and submitted that his advocate is on the way to the Court and he will file vakalatnama.
Advocate Ms. Jyoti Pandey for Defendant no.3 to 5 present and filed vakalatnama, t.o.r.  She also filed reply to Notice of Motion no.4879/19 on behalf of Defendant no.5 t.o.r.  She also filed pursis on behalf of Defendant no.3 and 4 contending that those Defendants are adopting NM reply filed by Defendant no.5.
K.B.
L.O. at 3.35 p.m.
Advocate Ms. Poonam Shinde for Plaintiff present
Advocate Mr. Marathe for Defendant present and filed vakalatnama for Defendant no.1 and 2, t.o.r.
Defendant nos.6 to 8 present and submitted that on next date they will engage lawyer to represent them.  Considering submissions adjourned.  Defendants are directed to serve copy of NM reply upon Plaintiff in advance.
Case is adjourned to 18/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Advocate Abhyankar for Plaintiff present
Defendant no.1 present and submitted that his advocate is held up in Hon\''ble High Court.
Defendant nos.1 and 2 have not filed their reply to NM no.4879/19.
Advocate Jyoti Pandey for Defendant no.3 to 5 present
Advocate Hitesh Mavani for Defendant no.6 to 8 present and filed vakalatnama, t.o.r.
Heard Plaintiff\''s advocate about NM no.4879/19 who has submitted that Plaintiffs and Defendant are legal heirs of Pandurang Parab who has left behind suit property described in para no.8 of the plaint.  It is submitted that Defendant nos.1 and 2 are possessing said property. Plaintiffs have filed suit for partition hence Plaintiffs have taken out  this Notice of Motion for restraining Defendants temporarily from creating third party rights in suit property.  According to Plaintiff\''s advocate Notice of Motion is necessary to be made absolute for determination of rights of the parties in suit property.  Advocate for Defendant nos.3 to 5 submitted that Defendants nos.3 to 5 are supporting Plaintiffs case.  Advocate for Defendants nos.6 to 8 submitted that Defendant nos.6 to 8 are not possessing suit property hence court may pass necessary orders in the matter.
K.B. for argument of Defendant no.1 without reply to the Notice of Motion.
L.O. at 4.45 p.m
Advocate Marathe for Defendant no.1 and 2 present and submitted that Defendant no.1 is intending to file reply to NM. Plaintiff\''s advocate submitted that let Defendant no.1 file NM reply to support the contention that property shown at serial no.a of para no.8 of the plant is tenanted premises.  Considering submissions no reply order passed against Defendant nos.1 and 2 is hereby set aside.  It is made clear that, if on next date, Defendant no.1 will not file NM reply, court will be compelled to dispose off NM considering arguments advanced by Plaintiff and Defendant no.3 to 8.
Defendant no.1 who is present before the court, when asked by the court that whether he is going to create third party rights in suit property particularly in property referred at serial no.a of para no.8 of the plaint, Defendant no.1 submitted that he is not going to create third party interest in suit property till filing NM reply. Considering submissions, Defendant no.1 is directed not to create third party interest in suit property referred at serial no.a of para no.8 of the plaint till filing NM reply. It is made clear that, after Defendant no.1 will file NM reply, NM will be decided on merits.
Case is adjourned to 02/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 21-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv Ms.Poonam Shinde h/f Adv Mr. Abhyankar for plaintiff present.
Adv Ms. Snehal Marathe for defendant Nos.1 and 2 present and filed reply to NM No.4879/2019. She orally submitted that defendants will not create third party interest in the suit premises till next date. She also tendered draft NM along with affidavit in support for condonation of delay in filing WS. Proposed WS of defendant Nos.1 and 2 is produced on record. O- Leave to register the NM is granted to deft. Nos.1 and  2. Copy of said NM is served on the advocate for plaintiff.
Advocate for plff seeks adjournment to argue NM No.4879/2019.
Adv Ms.Khushboo i/b Sahil Mahajan for defendant Nos.6,7,8 present and filed pursis informing that reply filed by defendant No.1 is adopted by deft Nos.6,7,8 as their reply to NM No.4879/2019.
By consent, matter is adjd. for NM hearing to 22.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv Ms. Poonam Shinde for plff present.
Adv Ms. Snehal Marathe for deft Nos.1 and 2 present and filed registered NM No.273/2021 along with affidavit in support.
Adv. for plff filed affidavit in reply to NM No.273/2021.
Adv. for plff seeks adjournment hence, by consent, matter is adjd. for NM hearing to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Plaintiff Anupama Puranik present in person. Her advocate absent.
None present for the defendant.
Plaintiffs seeks adjournment.
As nobody is present for defendants, considering the present Pandemic condition, on request of the plaintiff, matter is adjourned for NM hearing to 12.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Plff present with Adv Mr. Abyankar.
Adv Ms. Marathe for deft No.1 present.
Adv Ms. Pushpa Thapa for deft Nos.3 to 5 present.
Adv for deft No.1 seeks adjournment to argue both pending NM. Ad-interim protection is already granted to the plff previously hence, adjournment is granted.
Adv. for the plff suggested that matter may be referred for mediation as it is a family dispute. As it appears that there exists an element of settlement, matter is referred to mediator.
Referral order signed by the plff and adv. for deft. at Exh.6
By consent, matter is adjd. for awaiting report to 05.10.2021.
Next Purpose: REPORT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv Ms. Agrawal present for plff.
Adv Ms. Snehal Marathe present for deft.
K.B. for argument.
L.O. at 4.10 p.m. Same appearance as above.
Heard arguments of adv. for deft Nos.1 and 2 and adv. for plff in N.M.No.273/2021.
Matter is adjd. for NM order and NM hearing to 13.10.2021.
Judg
Next Purpose: ORDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Plff Adv Ms. Tripathi h/f Adv Abhyankar for plff present.
Adv Ms. Snehal Marathe present for deft present.
Heard.
FRSR following order passed in NM No.273-21 in SU 3178-19
                           ORDER
     Notice of Motion No.273 of 2021 is allowed in terms of its prayer  clause “a”  and ‘’b’’ subject  to  cost  of  Rs.2,000/- (Two Thousand Rupees only).
	Defendant Nos. 1and 2 shall pay the amount of cost either directly to 	the plaintiff or shall deposit the same in the Court on or before next date.
	After the amount of cost is paid /deposited as mentioned above, the written statement of defendant Nos.1 and 2 will be taken on record.
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By consent, matter is adjd. for compliance and NM hearing  to             25.11. 2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2022

Date: 25-11-2021
Business: court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Plff present in person and submitted that cost amount of Rs.2000/- is received by her from the defts as per order dt.13.10.2021.
Adv Ms. Poonam Yadav for deft No.1 and 2 present and seeks adjournment by submitting that adv. on record for deft is tested corona positive. Plff has no objection to grant adjournment.
By consent, matter is adjd. for NM hearing to 17.02.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 07-01-2022
Business: Plff present in person and submitted that cost amount of Rs.2000/- is received by her from the defts as per order dt.13.10.2021.
Adv Ms. Poonam Yadav for deft No.1 and 2 present and seeks adjournment by submitting that adv. on record for deft is tested corona positive. Plff has no objection to grant adjournment.
By consent, matter is adjd. for NM hearing to 17.02.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Mr. Abhyankar present for plff.
Adv Ms. Marathe present for deft.Nos.1 and 2 and filed WS at Exh.8 on behalf of deft No.1. She also filed pursis at Exh.9 that deft No.2 is adopting the WS of deft No.1 as his WS.
Adv Ms. Jyoti Pandey for deft Nos.3,4 and 5.
Adv Ms. Karishma Mungekar h/f Adv Mr. Sahil Mahajan for deft Nos.6 to 8 present and filed pursis at Exh.10 that deft Nos.6 to 8 are adopting the WS of deft No.1 as their WS.
On request of adv for deft nos.1 and 2, matter is adjd. for NM hearing to 04.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Adv Mr. Abhyankar present for plff.
Adv Ms. Marathe present for deft.Nos.1 and 2.
Adv Ms. Jyoti Tripathi for deft Nos.3 to 5 present.
None present for other defts.
Heard arguments of adv. for plff, deft Nos1 and 2 and deft Nos.3 to 5 in NM No.4879/19.
Matter is adjd. for NM order to 16.03.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Plff present.
Adv Ms. Snehal Marathe present for deft.Nos.1 and 2.
Adv Ms. Tripathi for deft Nos.3 to 5 present.
F.R.S.R. following order is passed in N.M.No.4879/2019
                       ORDER
Notice of  Motion No.4879/2019 is partly allowed as under-
Pending final disposal of the Suit, defendant Nos.1 and 2 are temporarily restrained from creating third party interests in Suit flat No.B/8, Ratna Co-Op Hsg. Society Ltd 186, Veer Savarkar Marg, Mahim, Mumbai.
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Adv for defendant Nos.1 and 2 filed draft NM alongwith affidavit in support for considering written statement dt.20.07.2020 and 25.11.2021 as WS of defendant Nos.1 and 2. O- Leave to register is granted with direction to serve the plff.
Matter is adjd. for NM reply to 16.06.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 16-03-2022

Main Case No: SUIT/0103178/2019
Main Cnr: MHCC010118652019
Main Filing No: 111447

Registration Number: 104879/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 113952/2019
Filing Date: 19-12-2019
First Hearing Date: 03rd January 2020
Decision Date: 16th March 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE