Praful Kanubhai Merchant +1 moreVsShrikant Govind Kamat +1 more

Date: 24-01-2019
Business: Adv. Mr. Barot for the Plaintiff present.
Adv. Mr. Prerak Sharma for Defendant no. 1 present.
Already tendered Vakalatnama of the plff.
Already tendered address memo of the plff.
Vakalatnama tendered by deft no. 1. t.o.r. O-filed.
Written Statement tendered by deft no. 1. t.o.r. O-filed.
Original Notice of Motion no. 128/19 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Adv for deft no. 1 has submitted that W.S of deft no. 1 be considered, as reply to N/M no. 128/19 of the plff.
Draft Notice of Motion alongwith affidavit in support taken out by deft no. 1 for appointment of an architect for visiting and inspecting the suit property in respect of prepared work of carried out by plff and deft no. 2. t.o.r. Leave granted to register.
Adv for deft no. 1 has submitted that he will write to the plff for demanding the documents within 8 days and after receiving the letter, the plff will furnish all necessary documents, which are in their custody and on the basis of which the repairs work is in progress. Thereafter, deft no. 1 will point out, if there is in illegality while carrying out said repairs with the help of architect appointed by him.
Matter adjd to 14.02.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Resumed.
Adv. Barot for plaintiff and Adv. Sharma for defendant No. 1 are present.
Adv. Sharma submits that yesterday he received compilation of documents from the plaintiff and it is necessary for def. no. 1 to verify the document with his architect and file a rejoinder to that effect.
  Both the Ld. Advocate by consent submitted that the architect may inspect the premises for the aforesaid purpose.  Their statement is taken on record.
Adjd for rejoinder if any by def. no. 1 to 01.03.2019.
Next Purpose: REJOINDER
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: Resumed.
Adv. D. A. Barot for plaintiff and Adv. P. Sharma for defendant no. 1 are present.
Adv. Sharma filed registered NM No. 801/2019 with affidavit. TOR.
Adv. Barot filed rejoinder to NM no. 128/2019.
Adjd for NM arguments to 13.03.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Resumed.
The P.O. is busy in dictating NM orders in Suit No. 2783/2014.  For want of time the board is discharged.
Adjd for NM arguments to 04.04.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Resumed.
Adv. Barot for plaintiff and Adv. Mahindra Gaikwad h/f Adv. Sharma for defendant are present.
Adv. Gaikwad seeks time on the ground that Adv. Sharma is held up in High Court.  Time is granted as last chance.
Adjd for NM arguments to 16.04.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Resumed.
The P.O. is busy in dictating NM order in Suit No. 2843/2018 and Ch/s order in Suit No. 2827/2015.  For want of time the board is discharged.
Adjd for NM arguments to 03.06.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Adv. Barot for plaintiff present.
Adv. Prerak Sharma for defendant no. 1 present.
Heard argument of both sides on NM No. 128/19 and 801/19
Adjourned for order on NM No. 128/19 and 801/19 to 12.6.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-06-2019

Date: 03-06-2019
Business: Adv. Barot for plaintiff present.
Adv. Prerak Sharma for defendant no. 1 present.
Heard argument of both sides on NM No. 128/19 and 801/19
Adjourned for order on NM No. 128/19 and 801/19 to 12.6.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-06-2019

Date: 03-06-2019
Business: Adv. Barot for plaintiff present.
Adv. Prerak Sharma for defendant no. 1 present.
Heard argument of both sides on NM No. 128/19 and 801/19
Adjourned for order on NM No. 128/19 and 801/19 to 12.6.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Plaintiff present.
Adv. Prerak Sharma for defendant no. 1 present.
Deft. no. 1 present.
FRSR following order is passed on Notice of Motion No.  128/19
Notice of Motion No. 128/2019 stands rejected.
______________________________________
The counsel for deft. no. 1 has not pressed the NM No. 801/19.  Hence Notice of Motion No. 801/19 is disposed of.
Adjourned for draft issues to 5.9.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-06-2019

Date: 05-09-2019
Business: None present.
Matter adjn for framing issues to 19.10.19.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv. Barot for plaintiff present.
None present for defendant.
The Ld. Advocate for the plaintiff seeks time to file draft issues.
Adjourned for filing draft issues to 4.1.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Barot for plaintiff present.
None for deft.
Adv. for plaintiff tendered draft issues.  T.O.R.
The matter is adjd for framing issues to 20.06.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2020

Date: 20-06-2020
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: FRAMING ISSUES
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Due to Covid-19, the matter is adjourned to 20.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: P.O. is on leave matter adjd.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: None present.
This is the simplicitor suit for injunction.
Issue notice to both the parties for attending National Lok Adalat scheduled to be held on 11.12.2021 at 10.00 a.m.
Matter adjd for lok adalat on 11.12.2021.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: Plaintiff and advocate for plaintiff absent.
Adv. Nihir Dedhia for defendant present.
Matter is already adjd to 22.02.2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present.
Issue notice to both the parties to attend National Lokadalat scheduled to be held on 12/03/2022 at 10.00 a.m.
Matter is adjd to 12/03/2022 for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: None present.
Matter adjourned to 24.03.2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: None present.
Matter is adjd to 25/07/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: None for deft.
Considering the nature of the suit, the matter is referred to Lok Adalat to be held on 13/08/2022.
Issue notices to the parties.
Matter adjd to 13.08.2022 for Lok Adalat .
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertains to C.R.No.1.
None present.
Matter adjd to 02.11.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: None present for plaintiff and defendant.
Matter is referred to Lok-Adalat.
Issue notices to both parties.
Matter adjd to 12/11/2022  for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: Both parties and their advocates are absent.
Matter is not settled.
Adjourned to 14.12.2022
Next Purpose: FOR___________________
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: None present for plaintiff and defendant.
Issue notice to both the parties for attending National Lok Adalat schedule to be held on 11.02.2023 at 10.30 a.m.
Matter adjd to 11.02.2023 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: National Lok Adalat Dated 11.02.202 Panel No.1
Panel Head - HHJ Shri. D.D.Almale
Panel Members - Prof. Ms. Falkanaz Shaikh
None present.
Adjd to 15/03/2023.
Next Purpose: FOR___________________
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: FOR___________________
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None present for plaintiff and defendant.
Matter adjd to 21-08-223 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None present for plaintiff and defendant.
Issues are framed at Exh.6.
Matter adjd to 18.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: None present for plaintiff and defendant.
Matter stands adjourned on 16.01.2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: None present for plaintiff and defendant.
Matter adjd to 21.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: P.O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: None present for plaintiff and defendant.
Matter adjd to 07.08.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: None present for plaintiff and defendant.
Matter adjd to 09.10.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: None present for plaintiff and defendant.
Sufficient time is granted to plaintiff to lead oral evidence. Today none present on behalf of plaintiff. Last chance granted to plaintiff to lead oral evidence. On failure further order will be passed on next date.
Matter adjd to 16.11.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: None present for plaintiff and defendant.
On last date time was granted to plaintiff to lead oral evidence on court motion. The plaintiff and defendant both are absent since last more than one year. From the roznama it is seen that plaintiff is not interested to proceed with the matter. Sufficient time is granted to plaintiff to lead oral evidence. No steps are taken on behalf of plaintiff. Hence, suit is dismissed for default with no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-11-2024

NOTICE OF MOTION/100128/2019
NOTICE OF MOTION/100801/2019

Filing Number: 100066/2019
Filing Date: 03-01-2019
First Hearing Date: 24th January 2019
Decision Date: 16th November 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE