Date: 18-01-2019
Business: Matter adj. for Compliance and NM Hearing to 28.01.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Matter adj. to NM Hearing to 12.02.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Matter adj. for NM Hearing to 11.03.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Matter adj. for NM Hearing to 19.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Advocate Mr.Hasan Khan for Plaintiff present
Advocate Mr. Amar Gharte for Defendant no.4 present
As the court has to pass order in one NM and court has to hear part heard argument in other NM, case is adjourned.
Case is adjourned to 23/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Advocate Hasan Khan for Plaintiff present
Advocate Sappan Walavalkar h/f Adv. Mr. Karnik for Defendant no.1 and 2 present and submitted that matter may be adjourned. Considering submissions adjourned.
Advocate Mr. Amar Gharte for Defendant no.3 present
Case is adjourned to 18/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate Hasan Khan for Plaintiff present
None present for Defendant nos.1 and 2.
Advocate Avinash Hoval for Defendant no.3 present
Case is adjourned to 19/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: None present for Plaintiff.
Advocate Mr. Avinash Vavhal for Defendant no.3 present
Case is adjourned to 24/02/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Plaintiff present and submitted that his advocate is held up in another court.
Advocate for Defendant present
Case is adjourned to 10/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020
Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 10/03/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv Mr. Hasan Khan for plff present.
Adv Mr. Amar Gharte for deft No.3 present and seeks time to file reply to NM No.106/2019. O-Granted lastly.
Advocate for plff brought to the notice the statements made by deft Nos. 1 and 2 on 11.03.2019.
Matter is adjd. for NM hearing to 16.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 08-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for both the parties.
K.B. L.O. at 3.20 p.m.
Adv Mr. Khan for plff present.
Adv Mr. Gharte for deft No.3 present and seeks time to file reply.
Adv Mr. Asif Shaikh for deft No.4 present.
None present for other defts.
By consent, matter is adjd. for NM reply to 28.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv Ms. Kritika Kothari present for plff.
Adv Mr. Sujit Suresh present for deft.No.3 and seeks time to file reply.
By consent, matter is adjd. for NM reply to 10.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None present for plff.
Adv. Sujeet Suresh for defendant No.3 present and seeks time to file reply.
As nobody is present for the plaintiff, matter is adjourned for NM reply to 16.03.2022.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv Mr. Khan for plff present.
Adv Mr. Sujit Suresh h/f Adv Mr. Amar Gharte for deft No.3 present and seeks time to file reply.
Adv for the plff has no objection hence, time till next date is granted.
Matter is adjd. for NM reply to 27.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv.Hassan Khan for plaintiff present.
Adv.Amar Gharte for deft.No.3 present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 21.07.2022 for rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: As per the matter is showing in 12.08.2022, hence, keep on 12.08.2022
Matter adjd to 12.08.2022 for reply in NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022
Date: 21-07-2022
Business: As per the matter is showing in 12.08.2022, hence, keep on 12.08.2022
Matter adjd to 12.08.2022 for reply in NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv.Hassan Khan for plaintiff present.
Adv.Sujit Suresh h/f. Adv.Amar Gharte for deft.No.3 present.
The plaintiff filed draft chamber summons a/w. Affidavit in support.
O-Leave granted to register draft chamber summons.
Adv. for deft.No.3 requested time for filing reply in NM No.106/19.
Matter adjd to 23.09.2022 for reply in NM and ch/s.
Next Purpose: REPLY
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: BY PRECIPEE (Exh.4)
Adv.Hassan Khan for plaintiff present and filed application for taking case on today\''s board. Case is TOB and marked as Exh.4. O-Allowed to take case on today\''s board.
Adv.Advait Hattangadi present and filed vakalatnama for Flavia Legal on behalf of deft.No.1a, 1b t.o.r. and marked as Exh.5.
Adv.Advait Hattangadi present and filed vakalatnama for Flavia Legal on behalf of deft.No.2 t.o.r. and marked as Exh.6.
Adv.Devising Deora h/f.Adv.Amar Gharte for deft.No.3 present.
Adv.Jitendra Chinchambekar present and filed vakalatnama for deft.No.4 t.o.r. and marked as Exh.7.
The plaintiff and defendant No.1 to 4 are filing consent terms. Plaintiff No.1 to 3, defendant No.1b for herself and as a CA of 1a, deft.No.3 and 4 are present. They are identified by their respective advocates. Copy of Power of Attorney of CA of deft. No.1a is in the consent terms. Plaintiffs and defendant No.1 to 4 voluntarily admit and accept the terms in consent terms. Consent terms are read and recorded and marked as Exh.8. Hence, dispute is settled between the plaintiffs and defendant No.1 to 4. Suit is pending against defendant No.5. One chamber summons No.1308/22 is also pending, hence, it is kept for further necessary orders.
Matter adjd to 04.11.2022 for orders.
Next Purpose: ORDER
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: BY PRECIPEE (Exh.9)
Adv.Hassan Khan for plaintiff present and filed application for taking case on todays board. Case is TOB and marked as Exh.9. O-Allowed to take case on todays board.
Adv. of plaintiff filed application for withdrawal of suit against defendant No.5. It is t.o.r. and marked as Exh.10. On last date the plaintiff and defendant No.1 to 4 have filed consent terms. Now the plaintiff wants to withdraw the suit against defendant No.5. Hence, the application Exh.10 is allowed. Plaintiff is allowed to withdraw suit against defendant No.5 unconditionally. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application Exh.10 and todays order passed thereon. As the plaintiff wants to withdraw suit against defendant No.5 and permission is granted to that effect. Suit is dismissed against defendant No.5 as withdrawn.
KB
LO at 01.25 pm
Adv. of plaintiff filed application for reconstruction of chamber summons No.1308/22 a/w. affidavit in support. They are taken on record and marked as Exh.11 and Exh.12 respectively.
Heard.
Following order is passed on Exh.11.
Read the application. Read the affidavit in support thereof. It is the contention of the plaintiff that the original chamber summons has been lost and inspite of due diligence it is not traceable. The plaintiffs have prayed for reconstruction of chamber summons No.1308/22 a/w. its affidavit. The plaintiffs have produced the photocopy of original chamber summons No.1308/22 a/w. its affidavit. It bears the order dated 12.08.2022 about leave granted to register the same. It also bears endorsement as to the registration of the chamber summons. Hence, considering the statement of the plaintiff on oath about loss of the original chamber summons and affidavit in support, the reconstruction of chamber summons and its affidavit is allowed. The copy bearing endorsements about registration of chamber summons a/w. its copy of affidavit taken on record as reconstructed chamber summons. It be endorsed accordingly.
Heard the Ld.Adv.for the plaintiff in the chamber summons.
Following order is passed on ch/s. No.1308/2022.
Read the copy of death certificate Exh.A. Mr.Digambar Shankar Madhav (defendant No.1) has expired on 12.11.2020. Proposed defendant Nos.1a, 1b are his legal heirs. Considering the directions of Honble Supreme Court in Writ Petition No.03/2020 limitation is excluded, hence, delay is condoned and abatement is set aside. The plaintiffs are allowed to carry out the amendment as per the scheduled attached in the chamber summons. Hence, chamber summons is allowed in terms of prayer clause (a) and (b). It is disposed of accordingly.
Matter already adjd to 04.11.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: BY PRECIPEE (Exh. )
Adv.Hassan Khan for plaintiff present and filed application for taking case on today\''s board. Case is TOB and marked as Exh.13.
O-Allowed to take case on today\''s board.
The plaintiff by the same application Exh.13 pointed out that in the roznama dated 13.10.2022 there are corrections. In the paragraph of recording of consent terms instead of words \''CA of 1a\'' it should be \''CA of defendant No.1a and 2\''. As the defendant No.1b on the basis of power of attorney representing as CA of defendant No.1a and 2 instead of words \''Copy of Power of Attorney of CA of deft.No.1a\'' it should be \''Copy of Power of Attorney of CA of defendant No.1a and 2\''.
Perused the record and copies of power of attorneys filed alongwith consent terms I am of the view that the corrections as requested are necessary, hence, following corrections shall be made in the roznama dated 13.10.2022.
In the paragraph of recording of consent terms instead of words \''CA of 1a\'' it should be \''CA of defendant No.1a and 2\''. As the defendant No.1b on the basis of power of attorney representing as CA of defendant No.1a and 2 instead of words \''Copy of Power of Attorney of CA of deft.No.1a\'' it should be \''Copy of Power of Attorney of CA of defendant No.1a and 2\''.
Roznama dated 13.10.2022 is corrected accordingly.
The Ld.Adv.for the plaintiffs submits that necessary amendment in view of chamber summons No.1308/2022 and order dated 15.10.2022 on Exh.10 have been carried out. Rest of the parties have settled their dispute in view of consent terms recorded on 13.10.2022 and therefore he requested for decree in terms of consent terms.
ORDER BELOW EXH.1
Read the consent terms Exh.8 recorded on 13.10.2022. All the plaintiffs and defendant No.1a through her CA defendant No.1b, defendant No.1b for herself, defendant No.2 through her CA defendant No.1b, defendant No.3 and 4 have settled their disputes by consent terms Exh.8. Suit is dismissed as withdrawn against defendant No.5. Hence, all parties to the suit have settled their disputes in view of consent terms Exh.8. Hence, suit is required to be decreed in terms of consent terms. In the result, I pass the following order.
ORDER
1. Suit is decreed in terms of consent terms Exh.8.
2. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.106/19
By consent terms between plaintiffs and defendant No.1 to 4 suit is disposed of, hence, notice of motion does not survive. It is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 19-10-2022