Jyoti Naresh Gauri +2 moreVsHaresh Raghunath Gauri +4 more

Date: 08-02-2019
Business: Not on Board Taken on Board By Precipe
Adv. Salvi for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion.
He undertakes to serve the copy of NM to the other side by next date.
Matter already adj.to 22.02.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Adv. Padawal for plaintiff present and tendered original notice of motion no.629/2016 along with supporting affidavit and affidavit of service.
Adv. P.S. Tiwari for D-1 to 3 present and filed VP on behalf of D-1 to 3.
Adv. Ms. Kavita Sharma for D-5 present and filed VP on behalf of D-5.
Ld. Counsel for D-1 to 3 and 5 states that writ of  summons is served on 14.2.2019. Written statement be filed in two weeks by moving precipe.
D-4 is also served but she has not entered appearance. Hence suit and notice of motion proceed exparte against D-4.
Ld. Counsel for plaintiff submits that matter is urgent since there is apprehension that D-5 may hand over the possession of suit flat and D-1 to 3 may create third party interest in the suit property. Ld. Counsel for defendants 1 to 3 submits that possession has not been handed over till today and he seeks time to file reply to the NM. Ld. Counsel for defendant no.5 is directed to take instructions regarding status of construction.
Matter adj. for Compliance, NM Reply and Hearing  to 13.03.2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Adv. Salvifor plaintiff present.
Adv. Tiwari for D-1 to 3 present and written statement and reply in  NM 629/2019. Copy served to other side.
Adv. Sharma for D-5 present and filed reply in NM no 629/2019. She states that her reply may be treated as her written statement. Statement accepted. Copy served to other side.
Matter adj. for NM Hearing to 26.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Mehra for plaintiff present and he filed draft motion.
Adv. Reshmi Parab for Deft. No. 1, 2 and 3 present.
Leave be granted to register the motion.
He undertakes to serve the copy of NM on other side.
Adv. Kavita Sharma for Deft. No. 5
Matter stands Adj for Reply to NM to 21.09.19
Next Purpose: REPLY
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Shivam Mehra for plaintiff present and filed draft NM along with affidavit. Leave granted to register draft NM. Copy served on other side.
None present for defendant.
Heard Ld. counsel for plaintiff. He submitted that sought adjournment granted for registering the NM and for reply and hearing on NM, in view of urgency he has also requested for preponing the date for hearing. Oral request granted and hearing of the case is preponed to 08.08.19
Matter stands Adj for Reply and hearing on NM to 08.08.19.
Next Purpose: REPLY
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Shivam Mehra for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff. He submitted that defendant/respondent no. 1 has to file reply to the NM and it is necessary to intimate them about the same. Hence, prayed for adjournment. Adjournment granted.
Matter stands Adj for reply to NM to 03.09.19.
Next Purpose: REPLY
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: THE COURT IS ON LEAVE
Next Purpose: REPLY
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Adv. Vijay Kurle for plaintiff present.
Adv. Rashmi Parab for defendant no. 1 to 3 present.
Heard both sides. Fresh copy of NM supplied to Ld. counsel for defendants. On oral request short adjournment granted.
Matter stands Adj for reply to NM to 17.10.19.
Next Purpose: REPLY
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Vikas Pawar h/f Adv. Vijay Kurle for plaintiff present.
Adv. Reshmi Parab for defendant no. 1 to 3 present and seeks time to file reply to NM. Time granted.
Matter stands Adj for reply to NM on 04.11.19.
Next Purpose: REPLY
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv. Vikas Pawar for plaintiff present.
Adv. Reshmi Parab for defendant 1 to 3 present and filed reply to NM no.  629/19. Copy served on other sides.
Adv. Sharma for defendant no. 5 present.
Matter stands Adj for NM hearing to 16.12.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Court is busy in dictating Judgment in suit no. 76/18 and order in suit no. 226/18. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Arpana Bhosale h/f Saliyan for plaintiff present.
Adv. Tiwari for defendant 1 to 3 present.
Adv. Kavita Sharma for defendant no. 5 present.
Pleadings are complete. No rejoinder filed.
Matter stands Adj for hearing on Nm to 03.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None present for plaintiff.
Adv. Tiwari for defendant present.
In absence of counsel for plff matter stands adjd. for hearing on NM.
Matter stands Adj for hearing on NM No.2854/19 and NM 629/19 on 09.06.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present.
The case is adjourned to 18.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None for plaintiff.
Advocate Ms. Reshmi Parab h/f adv. P.S.Tiwari for defendant No. 1,2,3 present.
Plaintiffs shall appear and prosecute NM failing which further orders shall follow.
The case is adjourned to 08.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Matter called out at 04.27 p.m.
Adv. Samkit Shah for plaintiff present.
Adv. Reshmi M. Parab h/f Adv. P. S. Tiwari for Deft. No. 1, 2 and 3 present.
Adv for plaintiff seeking adjournment that his senior is legs on before Hon\''ble High Court.
Adjournment granted by way of last chance.
Matter stands adjourned to 08.10.2021 for NM hearing.
In the event of failure of the Advocate of plaintiff to appear and
argue the motion, this court will proceed on the basis of the
pleadings of the parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Matter called out at 3.41 p.m.
Plaintiff absent.
Adv. Reshmi Parab for Deft. No.1 to 3 present.
Heard Ld. Advocate for Deft.No.1 to 3 on NM No.629/19 and NM No.2854/19. Put up for order.
Matter stands adjourned to 11.10.2021 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Matter mentioned at 5.05 p.m.
Adv. Samkit Shah for plaintiff present.
Following F.R.S.R. order in Notice of Motion No.629/2019:
1.   Notice of Motion No. 629/2019 is hereby dismissed.
2.   Plaintiff to bear costs of the Motion.
3.   Notice of Motion No. 629/2019 is disposed of accordingly.
Ld. advocate for the plaintiff fairly conceded that prayer in NM No.2854/19 become infructuous.  Hence, NM No.2854/19 is disposed of as infructuous.  The plaintiff, if succeeded in the suit, she can always get the said amount. Therefore, in view of the above NM No.2854/19 is disposed of accordingly.
Matter stands adjourned to 06.12.2021 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv. Samkit Shah for plaintiff present
None present for defendant.
As court is busy in recording evidence in SU No.594/08.
Therefore, matter stands adjourned to 07.02.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order no.27 of 2022 dated 06.02.2022, holiday declared to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.  Hence, board discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: None present for plaintiff.
Adv. P. S. Tiwari for defendant.
Issues not framed.
Matter stands adjourned to 04.07.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: None present.
Matter stands adjourned to 25.08.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Samkit Shah for plaintiff present.
None present for defendant.
Matter stands adjourned to 17.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: None present for plaintiff.
Adv. Reshmi Parab for defendant Nos.1 to 3 present.
Matter stands adjourned to 13.01.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Court is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: None present.
Matter stands adjourned on 26.06.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 30-08-2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 06.11.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Both parties absent.
Exhibit 4 reply of defendant no. 5 to Notice of Motion is treated as Written statement as per roznama dtd. 13.03.2019.
Issues are framed. Exhibit - 5
ISSUES
1. Does plaintiffs prove that they have 1/5 undivided share in suit properties
2. Does Plaintiffs prove that defendant nos. 1 to 4 denied their share in suit properties
3. Is suit valued properly for payment of Court Fees
4. Are plaintiffs entitled for monthly amount of Rs. 60,000/- (Rupees Sixty Thousand) towards share in family business from Defendant nos. 1 to 4
5. Are Plaintiffs entitled to reliefs claimed
6. What order and decree
Matter stands adjourned on 05-02-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
None for  plaintiff.
None for defendant.
Due to formation of new court and change of assignment last chance granted for filing affidavit of evidence.
Matter adjourned for filing affidavit of evidence to 19-03-2024
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
None for defendant.
Matter adjourned for filing affidavit of documents and evidence       to 13-06-2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
None for defendant.
Matter adjourned for filing affidavit of evidence and documents to 20-08-2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
The matter is adjourned for directions to 09.10.2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for directions to 19-12-2024.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: None for plaintiff.
None for defendant.
Matter adjourned for directions to 17.03.2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: None for plaintiff.
None for defendant.
Matter adjourned for filing affidavit of evidence and documents by plaintiff to 15.07.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None present.
Evidence affidavit not filed.
Matter adjourned for dismissal order to 18/08/2025.
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for dismissal order to 20.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: PO is on leave, hence matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
K.B.
Later on at 1.30 p.m.
Plaintiff is absent and has not lead any evidence. It appears
that plaintiff is not interested in proceeding further with the
suit. As such Suit No.280/2019 is dismissed in default.
No order as to costs. R and P be sent to Record Department.
                                                                                 Judge
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-10-2025

NOTICE OF MOTION/102854/2019
NOTICE OF MOTION/100629/2019

Registration Number: 100280/2019
Transfer Date: 29-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 100429/2019
Filing Date: 09-01-2019
First Hearing Date: 08th February 2019
Decision Date: 18th October 2025
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE