Date: 20-12-2021
Business: Resumed, Before M. K. Shringare, Addl Registrar
Plff and his adv absent
Adj for Issue Summons to deft
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Resumed. Pltff. and his adv. absent. Deft. unserved. As per office order 3/2022 dt. 07/01/2022. Adj. for issue alias
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Resumed. Pltff. and his adv. present. Deft. unserved. In view of Office Order No. 3 of 2022 dt 7-1-2022 of Honble Chief Judge of This Court and Standard Operating Procedure (SOP) of Honble High Court dt 6-1-2022 to take up only urgent matters.
Adj. for issue alias against deft.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Resumed,
Plff absent his adv present Deft absent Appl for issuance of summons on alternate address filed by adv for plff Exh 9 is allowed service on address mention in plaint and alternate address
Adj for Issue alias to deft as per Exh 9
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Resumed
Plff and his holding adv present Deft present Summons served to deft on dt 04/03/22
Adj for W S
Next Purpose: Written Statement at 11.00 A.M.
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Resumed. Pltff. and his adv. present. Deft. absent deft. failed to file w.s within time. Adj. for taken step for filing w.s
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Resumed. Pltff. and his adv. present. Deft. present. on oral request of deft Adj. for step for filing w.s
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Resumed. Pltff. and his holding adv. present. Deft. absent. Deft. failed to file w.s within time Hence matter transfer to CR-38 for Step and order for filing w.s
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Resumed,
Plff. and his Adv. present. Deft. and His Adv. absent.
EXh. 9/D Appln. for Deposit arrears of licence fees. O - O.S. to say.
Exh. 10/ Appln for Interim Inj by Plff. O - O.S. to say.
Adj. for Reply in Exh. 9 and 10
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Resumed.
Pltff and his adv present. Deft absent. Order passed on Exh-1 O- Dft failed to appear. Hence suit to proceed further Ex-parte againsst him..
Adj for Hrg Exh-9 (deposit of rent) and Exh-10 (Inj) (Exparte)
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Resumed.
Plff absent. H/adv present. Deft and adv absent.
Adj for Hrg on Exh 9 (deposit of rent), Exh 10 (Inj)/ Exparte.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Resumed.
Pltff and his adv present. Deft Expartee.
Adj for Hrg Exh 9 (deposit rent), 10 (Inj) (expartee)
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Resumed.
Plff absent. His adv present.
Deft Exparte.
Adj for Hrg Exh 9 (deposit rent), Exh 10 (inj) (Exparte)
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Resumed
Plff nd Adv present. Deft Ex-parte.Heard Exh 9,10
Adj for order on Exh 9 and Exh 10
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Resumed Plff present. his adv.absent. deft. and his adv. absent.
Court busy in final argument matter RAD 473 of 2014. Hence,
Adj for order in Exh. 9 and 10
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Resumed
Plff and his adv present. order passed on Exh 9 and 10 O - Applications allowed. (see detail order)
Adj for Compliance order Exh 9/filing Exparte Evidence
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Resumed.
Plaintiff and his advocate present. Advocate for defendant present. S. V of advocate Manoj R. Bhargav filed for defendant. Application for setting aside order dt.18.07.2022 filed by defendant. Adj for say on Exh-12 by plaintiff (setting aside O. dt. 18.07.2022)
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Resumed.
Plff and his adv present. Holding adv for deft present.
Reply to Exh 12 filed by plff.
Adj for Hg on Exh 12 (setting aside ).
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Resumed
Plff and his adv present. H/Adv for Deft present. Adj Appln filed by Deft hand written say given by Plff. O - granted.
Adj for filing rejoinder / Hrg. Exh 12 (set aside)
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Court not sitting .P.O is on leave .
Resumed before I/C Judge Shri S.S.Kadam, C.R. NO.37.
Plff and his holding adv present. Adv for deft present.
Rejoinder to Exh 12 filed by deft.
Adj for Hg on Exh 12 (setting aside.)
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Resumed.
Plaintiff and holding advocate for plaintiff Shreya Jadhav present. Defendant and advocate absent. order passed below Exh.12.
O - The application is allowed subject to cost of Rs.10000/-. Defendant to comply order within 14 days. Hence adjourned for compliance of order below Exh.12.
Next Purpose: Notice for Hearing at 11.00 A.M.
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Court not sitting P.O. is on Leave
Resumed - Before I/C Judge D.P. Kasat.
Both Adv and Plff present.
Adv for deft filed time extension Application after giving say O - In view of say, Allowed. Order on Exh 12 Compliance done by deft.
Adj for w.s. / if any
Next Purpose: Written Statement at 11.00 A.M.
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Resumed.
Both parties and their advs present.
W.S of deft taken on record.
Adj for Issues.
Next Purpose: For Issues at 11.00 A.M.
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Resumed
Pltf. and his holding adv. present.
Issues framed
Appln. for striking of defence of the deft. filed by pltf. with affidavit in support
Adj. for say on Exh. 22 by deft.
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: Resumed
Plft. and his adv. present. Adv. for deft. present.
Adj. for say on Exh. 22 by deft. (Striking of defense)
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Resumed
Plft. and his holding adv. present. Holding adv. for deft. present.
Adj. for say on Exh. 22 by deft. (Striking of def.)
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Resumed
Pltff. present. adv. for Deft. present.
Adj. for say on Exh.22 by Deft.as last chance (striking of Defense )
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 02-01-2024
Date: 02-01-2024
Business: Resumed
Plft. and his holding adv. present. Adv. for deft. present.
Reply to Exh. 22 filed by deft.
Adj for Hrg. on Exh. 22 (Striking of defense)
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Resumed.
Plff and his adv present. Deft present.
Adjn appln filed by deft. Handwritten say given by plff. Appln rejected.
Heard argument on Exh 22 by both side.
Adj for order on Exh 22 ( striking of defence)
Next Purpose: Order at 11 A.M.
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Resumed
Plft. present. Adv. for deft. present.
Order passed below Exh. 22 - Appln. Exh. 22 disposed of as follows. The deft. is hereby directed to comply the order passed below Exh. 9 withing period of one month from today. (see detail order)
Adj. for compliance of order passed below Exh. 22
Next Purpose: Order at 11 A.M.
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: Resumed
Plft. present.
Adj. for filing evid. of plft.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Resumed
Plft. and his holding adv. present.
Exam in chief with list of doc. filed by plft.
Adj. for Hrg. on doc.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Resumed.
Plff and his holding adv present.
Adj for hearing on document of plff.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Resumed.
Plff and his holding adv present.
Appln to place on record the C.C of gift deed dt 27/11/19 filed by plff.
Adj for say on Exh 28 .
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Court Vacant. Charge before I/c Judge C.R. 40 Smt. J.D. Hushangabade
Plaintiff present.
Adj for say on Exh 28
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Court is vacant. Charge before I/c. Judge Smt. J. D. Hushangabade C.R. No. 40.
Plft. present.
Adj. for say on Exh. 28 by deft.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Court is vacant. Charge before I/c. Judge Smt. J. D. Hushangabade C.R. No. 40.
Plaintiff Present.
Adj for say on Exh 28 by deft
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: Resumed
Plft. and holding adv. present.
Appln. to place Original doc. on record by adv. for plft. O- O. S. to say.
Adj. for say on Exh. 29 (Production of doc.) / Say on Exh. 28 (Production of doc.)
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Resumed.
Plaintiff present. Holding Adv. for plaintiff present.
Adj. for say on Exh.29 ( Production of Document)./ Say on Exh. 28 ( Production of Documents).
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: Resumed
Plft. and holding adv. present.
No say order passed on Exh. 29 and 28
Adj. for Hrg. on Exh. 29 (production of doc.), Hrg. on Exh. 28 (production of doc.)
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: Resumed
Plft. and adv. present. Deft. and adv. absent.
Heard adv. of plft.
Order passed on Exh. 28. O- Appln. allowed.
Order below Exh. 29. O- Appln. allowed.
Addl list of addl. doc. taken on record filed by plft.
Addl. list of original doc. taken on record filed by plft.
Adj. for Hrg. doc. of plft.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: PO is on half day leave. Resumed Before I/c Judge Shri A. S. Pandagle C. R. No.37.
Plff and H. Adv present. Deft and Adv absent.
Adj for Hrg on Doc of plff.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: Resumed
Plft. present.
Court busy in HCTB matter.
Adj. for Hrg. on doc. of plft.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Resumed.
Both parties absent. H. Adv for pltff present.
Heard on doc of pltff. Admissibility order passed on pltff doc. Doc. exhibited and marked. at Exh 34 copy of share certificate issued by said society
Exh -35 copy of the Gift deed dt. 27-11-19
Exh -36 Certifide copy of leave and license Agreement dt. 29.05.19
Exh 37 copy of the order dt. 6.03.2021
Exh 38 copy of termination notice issued by plaintiff dt. 28.02.2020
Exh -39 copy of the re possession letter dt. 3.10.2020
Exh -40 copy of the order dt. 10.10.2023
Exh 33/C - Pursis for closing evid of pltff. Order - filed.
Adj for filing evid of deft.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 17-07-2025
Date: 17-07-2025
Business: Resumed,
Pltff and H. adv present. Deft and Adv present.
Adj for argument (Ex-parte)
Next Purpose: Argument at 11.00 A.M.
Next Hearing Date: 30-08-2025
Date: 30-08-2025
Business: Resumed,
Plft and H. Adv present. Deft and Adv absent.
Fully argued by Plft.
Adj for Judgement. (Ex-Parte)
Next Purpose: Judgment at 11.00 A.M.
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: Resumed.
Pltff and Adv present. Deft and Adv absent.
Order passed below Exh-1.
Order -
1. Suit is hereby decreed with costs.
2. Defendant is hereby directed to handover the quiet, vacant and peaceful possession of the suit premises viz Shop No. 11/A, Ground Floor, Ellora Co-op. Housing Society Ltd., 4th Road Corner, Khar (West), Mumbai – 400 052 to the plaintiff within period of two months from the date of passing of decree.
3. The defendant is further directed to pay a sum of Rs.12,00,000/- towards outstanding dues of monthly compensation from October, 2020 to September, 2021 and further sum of Rs.1,25,000/- per month towards damages for wrongful occupation of the suit premises from 29.10.2021 till the defendant hand over the vacant and peaceful possession of the suit premises to the plaintiff.
4. Enquiry be held with respect to mesne profit under Order XX Rule 12 of Code of Civil Procedure, 1908 from the date of filing of the suit till getting actual possession of the suit premises.
5. Decree be drawn up accordingly.
Nature Of Disposal: Judgement
Disposal Date: 20-09-2025
