Mr. Haradhan Madhusudan DasVsMr. Chanchal Haradhan Das 2 Mrs. Sunaina Chanchal Das

Date: 19-07-2019
Business: Advocate Mr. Pankaj Bhat @ Plaintiff present and filed registered Notice of Motion no.2528/2019 with affidavit in support, t.o.r. Defendant present. Court is busy in hearing NM in suit no.234/19 and court has to dictate order in suit no.6072/06, case is adjourned to 16/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Advocate P. M. Bhat  Plaintiff present Defendant no.1 present and submitted that his advocate is out of Mumbai hence matter may be adjourned. It is made clear that Plaintiffs argument about NM no.2528/19 will be started today and if possible said argument will be completed today itself and if not it will be continued tomorrow because at 5.20 p.m. Plaintiffamp039s advocate has started his arguments. It is further submitted that, after Plaintiffs argument about said NM, matter can be adjourned for Defendants arguments. Heard arguments of Plaintiffs advocate about NM no.2528/19. It is submitted that Defendants are served with writ of summons and copy of Notice of Motion on 08/07/2019 and inspite of it till today Defendants have not filed their reply to NM. It is argued that suit premises is commercial premises in which Plaintiff was doing his business as goldsmith however Defendants ave forcibly dispossessed Plaintiff from suit premises and Defendants have started residing in suit premises thereby Defendants have prevented Plaintiff from doing his business and thereby Defendants have changed the user of suit premises hence landlord of suit premises may give notice to Plaintiff for vacating suit premises for change of its user. Advocate for Plaintiff referred copy of report lodged by Defendant no.2 with V.P. Road police station, Mumbai on 13/12/2018. In said report Defendant no.2 has alleged that Plaintiff has outraged modesty of Defendant no.2 by pulling her hair and by touching her breast. According to advocate for Plaintiff said false report is filed with the intention to pressurize Plaintiff and to deprive Plaintiff from entering into suit premises. It is argued that Defendant no.1 who is real son of Plaintiff and husband of Defendant no.2 has instigated Defendant no.2 to file said false report with police however due to the CC Tv footage of suit premises in which alleged incident was recorded, police concluded that Plaintiff has not done any bad thing as alleged and hence Plaintiff could be saved. According to advocate for Plaintiff Defendants have no right to prevent Plaintiff from entering into the suit premises and to continue its occupation as suit premises is commercial one used for earning bread and butter by Plaintiff. Lastly, it is submitted that Plaintiff has filed documents like rent receipt, shop and establishment Act license, electricity bill of suit premises to show that Plaintiff is tenant in suit premises and Plaintiff has right to occupy it. Hence, according to advocate for Plaintiff, Notice of Motion should be made absolute. As such, arguments of Plaintiffs advocate in respect of Notice of Motion no.2528/19 heard. Case is adjourned to 19/09/2019 for Defendants arguments without reply to Notice of Motion no.2528/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Advocate Jani for Plaintiff present Advocate A. K. Hussain for Defendant present and filed vakalatnama, t.o.r. and sought time to file NM reply. Considering submissions adjourned. Case is adjourned to 24/09/2019 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Advocate Jani for Plaintiff present and submitted that court has already observed in roznama dated 16/09/2019 that Defendants arguments about NM will be heard without reply to the NM, hence reply of NM can not be accepted on behalf of Defendants. Advocate C. A. Wahid for Defendants submitted that he is intending to file reply to NM no.2528/19. Advocate Jani for Plaintiff submitted that court has already observed in roznama dated 16/09/2019 that Defendants arguments about NM will be heard without reply to the NM, hence reply of NM can not be accepted on behalf of Defendants. I have given serious consideration to the submissions made by parties. It is made clear that, on 16/09/2019 this court has observed that court will hear arguments of Defendant without NM reply because Defendants had not filed reply till that date and today as Defendants advocate is intending to file NM reply I find that no prejudice will be caused if said reply will be accepted on the contrary it will amount to decide NM on merits, hence reply filed by Defendants to NM no.2528/19 is t.o.r. Defendants advocate served copy of said NM reply upon Plaintiff advocate who is submitted that he will file rejoinder to reply filed by advocate for Defendants to Notice of Motion. Case is adjourned to 30/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Adv. Mr. Devash Nath for plaintiff present. Adv. Mr. C.A.Wahid for defendant present. Both the ld. Advs. Submitted that parties to the Suit are thinking for settlement hence, matter may be adjourned. Considering submission matter may be adjourned for N/M Hearing. Case is adjourned to 12.10.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2019

Date: 12-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Advocate Jani @ Plaintiff present Advocate C. A. Wahid @ Defendant present Parties signed referral letter hence matter be referred for mediation. Case is adjourned to 15/11/2019 for mediation report.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Mediation report received as failed. Advocate Mr. P.M. Bhat for Plaintiff present Advocate Ms. Viral Bhatia for Defendant present and filed vakalatnama, t.o.r. Heard arguments of advocate for Plaintiff. On request of advocate for Defendant, case is adjourned to 16/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: None present for Plaintiff. Advocate Ms. Khushbu Rajger for defendant present. Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 12/03/2020. L.O. Advocate Mr. P. M. Bhat for Plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate Mr. Jani for Plaintiff present None present for Defendants. Already Plaintiffamp039s arguments about NM are heard, Defendant are not present for NM arguments, it seems that Defendants are not interested in NM arguments, hence case is adjourned to 21/03/2020 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: None present for Plaintiff. None present for Defendant. In view of circular of Hon Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 01/07/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Business: None present for Plaintiff. None present for Defendants. It appears that already argument is advanced by the plaintiff. On last date defendant was absent. Today also defendant and his advocate absent. Hence, on next date if defendant fails to remain present, the court will be compelled to pass the necessary order on Notice of Motion. Hence, case is adjourned to 27/08/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Due to covid-19, none present.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Due to covid-19, none present. Hence, matter is adjd. to 30/09/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: None present for Plaintiff. None present for Defendants. Due to Corona pandemic, it seems that parties are absent. Order is partly dictated. Case is adjourned to 03/10/2020 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: NM allowed as per F.R.S.R. order has passed.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
As nobody present for both the parties, considering present
pandemic condition matter is adjd. for written statement to
19.04.2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to Covid, matter is adjd.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None present for both parties.
Despite granting several opportunities, defts failed to file WS hence, suit to proceed without written statement of defts.
Matter is adjd. for evidence without WS to 24.11.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd.at same stage till next date.
Matter is adjd. for recording evidence to 06.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None present for both parties.
Plff has not adduced evidence hence, matter be kept for order.
Matter is adjd. for order to 13.07.2022.
Next Purpose: ORDER
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for both sides.
Plaintiff has not adduced evidence. Keep for dismissal.
Matter adjd to 19.09.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: None present.
k.b
later on at 5.00 pm.
None present.
Matter adjd to 09.12.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: None present for both sides.
Matter adj. to 03.03.2023 for order of dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: HHJ is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: None for plaintiff
None for defendant
From the perusal of the roznamas, it appears that though the suit is directed to proceed without written statement for the defendant while order dtd. 26-08-2021, the plaintiff is not proceeding with the suit and hence, the matter is fixed for order of dismissal of the suit since 19-09-2022. In this view of the matter I do not find any justification to keep the matter pending any more but to dismiss the suit for default. The suit stands dismissed accordingly for default.
Nature Of Disposal: DISMISSED
Disposal Date: 14-06-2023

Registration Number: 101608/2019
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: 107050/2019
Filing Date: 27-06-2019
First Hearing Date: 19th July 2019
Decision Date: 14th June 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE