Date: 13-02-2020
Business: Adv. M. R. Yadav for plaintiff present.
None for defendant is present.
Adjd for compliance to 01/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present.
Today matter is for compliance.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for compliance to 23-02-2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. M.R. Yadav for plaintiff present.
None for defendant.
Ld adv for plaintiff tendered original registered CS no. 27 of 2020 along with affidavit t.o.r.
Ex.12 adv for plaintiff no. 1 to 3 filed application for substitute service of CS no. 1612 of 2019 t.o.r.
Heard adv for applicant/plaintiff.
Matter adjd for order Ex.12 to 19-03-2021.
Next Purpose: ORDER
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None present.
Court is busy in hearing in SU 9176 of 1992 and dictating order in SJ no. 35 of 2018 in Summary suit no. 1347 of 2017.
Matter adjd for order on Ex.12 to 05-05-2021.
Next Purpose: ORDER
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: P.O. is on leave
Next Purpose: ORDER
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: P.O. is on leave
Next Purpose: ORDER
Next Hearing Date: 18-08-2021
Date: 30-06-2021
Business: P.O. is on leave
Next Purpose: ORDER
Next Hearing Date: 18-08-2021
Date: 30-06-2021
Business: P.O. is on leave
Next Purpose: ORDER
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. N.D. Jaywant for plaintiff present.
None for defendant.
Due to assignment change, matter re-argument on Ex.12
Matter adjd for re-argument on Ex.12 to 08-09-2021.
Next Purpose: HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. N.D. Jaywant for plaintiff present.
None for defendant.
Heard ld adv for plaintiff on Ex.12.
Order below Ex.12-
Issue writ of summons to defendants by way of substituted service i.e. by pasting as per order 5 Rule 20 of CPC. Plaintiff to bear be expenses.
Matter adjd for affidavit of service to 29-10-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. M. R. Yadav for plaintiff present.
None present for deft.
Ld. Adv. for plff prayed for extension of time for filing service affidavit. Time extended.
Matter adjd for service affidavit 05/01/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Jaywant for plaintiff present.
None present for defendant.
Time sought for filing service affidavit.
Matter Adjd for filing service affidavit on 17/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
On oral request by Adv. for plaintiff Time extended for service to defendant.
Matter Adjd for service affidavit on 29/03/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: By Precipe
Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Exh.13 - Application for taking matter on today\''s board. O-Allowed.
On oral submission by advocate for plaintiff, time is extended for filing service affidavit of Chamber Summons No.1612/19 as per the order below Exh.12 dt.08.09.2021.
Matter already Adjd for service affidavit on 29/03/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-03-2022
Date: 05-03-2022
Business: By Precipe
Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Exh.13 - Application for taking matter on today\''s board. O-Allowed.
On oral submission by advocate for plaintiff, time is extended for filing service affidavit of Chamber Summons No.1612/19 as per the order below Exh.12 dt.08.09.2021.
Matter already Adjd for service affidavit on 29/03/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None present.
Matter Adjd for service affidavit on 16/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None present.
Matter Adjd for service affidavit on 30/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Matter Adjd for service affidavit on 28/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Time sought.
Matter Adjd for service affidavit on 18/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Tiwari for plaintiff present.
None present for defendant.
Exh.14 - Service affidavit. O-seen.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Matter Adjd for tendering original registered CS on 02/01/2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff tendered original registered CS No.2225 of 22. TOR.
Order below Chamber summons No.2225/2022
Order - Perusal of record shows that, the defendant is not served with CS. Hence chamber summons No.1612 of 19 be served by way of substituted service by paper publication. Chamber summons is disposed off accordingly.
Matter Adjd for service affidavit of CS No.1612 of 19 on 16/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023
Date: 02-01-2023
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff tendered original registered CS No.2225 of 22. TOR.
Order below Chamber summons No.2225/2022
Order - Perusal of record shows that, the defendant is not served with CS. Hence chamber summons No.1612 of 19 be served by way of substituted service by paper publication. Chamber summons is disposed off accordingly.
Matter Adjd for service affidavit of CS No.1612 of 19 on 16/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023
Date: 02-01-2023
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff tendered original registered CS No.2225 of 22. TOR.
Order below Chamber summons No.2225/2022
Order - Perusal of record shows that, the defendant is not served with CS. Hence chamber summons No.1612 of 19 be served by way of substituted service by paper publication. Chamber summons is disposed off accordingly.
Matter Adjd for service affidavit of CS No.1612 of 19 on 16/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv. M. R. Yadav for plaintiff present.
None present for defendant.
Exh.15 - Service affidavit of CS No.1612/2019. O-seen.
Defendants failed to file reply to CS. Hence to proceed without reply of defendants.
Matter Adjd for CS Hearing on 29/03/2023.
Next Purpose: C/S HEARING
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Hinayat Shaikh h/f N. D. Jaywant for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff sought time.
Matter Adjd for CS Hearing on 04/05/2023.
Next Purpose: C/S HEARING
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2023
Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2023
Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 25-08-2023
Date: 13-07-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 25-08-2023
Date: 13-07-2023
Business: P. O. is on leave.
Hence, matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Both parties are absent when called.
Adv. N.D. Jaywant for plaintiff is present.
Heard argument.
Matter Adjd for order to 27.09.2023.
Next Purpose: ORDER
Next Hearing Date: 27-09-2023
Date: 25-08-2023
Business: Both parties are absent when called.
Adv. N.D. Jaywant for plaintiff is present.
Heard argument.
Matter Adjd for order to 27.09.2023.
Next Purpose: ORDER
Next Hearing Date: 27-09-2023
Date: 25-08-2023
Business: Both parties are absent when called.
Adv. N.D. Jaywant for plaintiff is present.
Heard argument.
Matter Adjd for order to 27.09.2023.
Next Purpose: ORDER
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 19-10-2023
Date: 27-09-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-11-2023
Date: 19-10-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-11-2023
Date: 19-10-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024
Date: 05-12-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024
Date: 05-12-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Presiding officer is on leave.
Next Purpose: ORDER
Next Hearing Date: 05-02-2024
Date: 04-01-2024
Business: Presiding officer is on leave.
Next Purpose: ORDER
Next Hearing Date: 05-02-2024
Date: 04-01-2024
Business: Presiding officer is on leave.
Next Purpose: ORDER
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Court is vacant.
Next Purpose: ORDER
Next Hearing Date: 11-03-2024
Date: 05-02-2024
Business: Court is vacant.
Next Purpose: ORDER
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: Court is Vacant.
Next Purpose: ORDER
Next Hearing Date: 05-04-2024
Date: 11-03-2024
Business: Court is Vacant.
Next Purpose: ORDER
Next Hearing Date: 05-04-2024
Date: 11-03-2024
Business: Court is Vacant.
Next Purpose: ORDER
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 26-04-2024
Date: 05-04-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 26-04-2024
Date: 05-04-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: P.O. is on Training
Next Purpose: ORDER
Next Hearing Date: 06-05-2024
Date: 26-04-2024
Business: P.O. is on Training
Next Purpose: ORDER
Next Hearing Date: 06-05-2024
Date: 26-04-2024
Business: P.O. is on Training
Next Purpose: ORDER
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: None present.
As P. O is change case is put for argument.
Matter is adjourned to 08.07.2024 for Ch/sum Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 08-07-2024
Date: 06-05-2024
Business: None present.
As P. O is change case is put for argument.
Matter is adjourned to 08.07.2024 for Ch/sum Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 08-07-2024
Date: 06-05-2024
Business: None present.
As P. O is change case is put for argument.
Matter is adjourned to 08.07.2024 for Ch/sum Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: None present.
Matter is adjourned to 31.07.2024 for Ch/Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 31-07-2024
Date: 08-07-2024
Business: None present.
Matter is adjourned to 31.07.2024 for Ch/Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 31-07-2024
Date: 08-07-2024
Business: None present.
Matter is adjourned to 31.07.2024 for Ch/Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. N. D. Jaywant for plaintiff present.
None for defendant.
Heard Adv. Jaywant behalf of plaintiff.
Order on Ch/s No.1612/2019 -
Heard Adv. Jaywant for plaintiffs as the suit has proceeded against defendants, after taking out the present Ch/s, paper publication was done and service affected Exh.15 was filed. By way of present Ch/s, plaintiffs wants to amend the suit and para 18(a). According to Adv. Jaywant it is necessary to carry out the amendment to bring out the clarity as regards papers of suit No.318/1984, consent terms and consent decree dated 19.04.1984 found in the year 2010 and according to him by allowing the said application, nature of suit will not change.
Perusal of the proposed amendment seems to be to bring out clarity regarding the limitation in filing the suit. Thus the amendment will not change the nature of the suit. Hence, I proceed to pass following order.
ORDER
1. Ch/s No.1612/19 is allowed.
2. Plaintiff to carry out amendment with the stipulated period and to furnish the amended copy.
3. Ch/s is disposed of accordingly.
Order on Ch/s No.27/20 -
Heard Adv. Jaywant for plaintiffs. He submitted that during the pendency of this suit defendant No.4 Nitin Yeshwant Nagwekar died on 04.10.2019. The wife, Son and daughter are the legal heirs who are necessary to be brought on record. Perusal of the copy of death certificate issued by Municipal Corporation of Gr. Mumbai reveals defendant No.4 defendant No.4 died on 04.10.2019, whereas, Ch/s is filed on 22.11.2019. As such it is filed within limitation. The names of the proposed plaintiffs i.e. legal heirs of defendant No.4 are given. After death of defendant No.4, the right to sue survives to the legal heirs. Hence Ch/s needs to be allowed as prayed. Hence following order.
ORDER
1. Ch/s No. 27/2020 is allowed as prayed.
2. The legal heirs of defendant No.4 be taken on record.
3. Necessary amendment be carried out within stipulated period.
4. Ch/s is disposed of accordingly.
Matter is adjourned to 13.08.2024 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 31-07-2024
Date: 31-07-2024
Business: Adv. N. D. Jaywant for plaintiff present.
None for defendant.
Heard Adv. Jaywant behalf of plaintiff.
Order on Ch/s No.1612/2019 -
Heard Adv. Jaywant for plaintiffs as the suit has proceeded against defendants, after taking out the present Ch/s, paper publication was done and service affected Exh.15 was filed. By way of present Ch/s, plaintiffs wants to amend the suit and para 18(a). According to Adv. Jaywant it is necessary to carry out the amendment to bring out the clarity as regards papers of suit No.318/1984, consent terms and consent decree dated 19.04.1984 found in the year 2010 and according to him by allowing the said application, nature of suit will not change.
Perusal of the proposed amendment seems to be to bring out clarity regarding the limitation in filing the suit. Thus the amendment will not change the nature of the suit. Hence, I proceed to pass following order.
ORDER
1. Ch/s No.1612/19 is allowed.
2. Plaintiff to carry out amendment with the stipulated period and to furnish the amended copy.
3. Ch/s is disposed of accordingly.
Order on Ch/s No.27/20 -
Heard Adv. Jaywant for plaintiffs. He submitted that during the pendency of this suit defendant No.4 Nitin Yeshwant Nagwekar died on 04.10.2019. The wife, Son and daughter are the legal heirs who are necessary to be brought on record. Perusal of the copy of death certificate issued by Municipal Corporation of Gr. Mumbai reveals defendant No.4 defendant No.4 died on 04.10.2019, whereas, Ch/s is filed on 22.11.2019. As such it is filed within limitation. The names of the proposed plaintiffs i.e. legal heirs of defendant No.4 are given. After death of defendant No.4, the right to sue survives to the legal heirs. Hence Ch/s needs to be allowed as prayed. Hence following order.
ORDER
1. Ch/s No. 27/2020 is allowed as prayed.
2. The legal heirs of defendant No.4 be taken on record.
3. Necessary amendment be carried out within stipulated period.
4. Ch/s is disposed of accordingly.
Matter is adjourned to 13.08.2024 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 31-07-2024
