Date: 27-02-2019
Business: Adv. Harish Pawar for Plaintiff present.
Deft present. Adv absent.
Original NM No.679/19 tendered by Adv for Plaintiff t.o.r.
He also filed affidavit of service t.o.r.
K.B.
L.O.
Deft sought time to file reply. Time is granted.
Deft is directed to maintain status quo in relation to suit property till next date.
Adj for NM reply to 25.03.2019.
Next Purpose: REPLY
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Harish Pawar for Plaintiff present.
Deft present. He sought time to file reply.
Earlier order to continue till next date.
Adj for reply to 04.06.2019.
Next Purpose: REPLY
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: As Court is on leave, hence board is discharged and matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Business: Adv. Surbhi Gujar for Plaintiff present.
Plaintiff is present.
Adv. Nilesh Parab for defendant present.
Deft is present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy be given to other side.
Earlier order, if any to continue till next date.
Adj for service and reply and to 07.08.2019.
Next Purpose: REPLY
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Adv. Harish Pawar for Plaintiff present.
Adv. Nilesh Parab for defendant present.
He tendered original NM No.2978/19 t.o.r.
Copy of NM is supplied to the Adv for Plaintiff today.
Say filed by Plaintiff.
Order below NM No.2978/19.
Read notice of motion, affidavit in support of it, reply of Plaintiff and Roznama of present proceeding.
Heard respective counsel for parties.
Notice of motion is taken out by the defendant for condoning delay of 127 days caused in filing of written statement and to grant such further relief.
It is contended by the defendant that writ of summons was served upon him on 22.02.2019 and he could not file written statement within prescribed period as he was not aware about the statutory limit for filing of written statement. He assigned reason that he has taken time in searching for an Advocate to represent him and thereafter he engaged Advocate and given instructions to him to file written statement. Accordingly, his Advocate draft written statement which was affirmed on 20.07.2019. In above circumstances, defendant has made prayer in above terms.
Plaintiff has opposed notice of motion on the count that no just and sufficient cause is shown by the defendant for condoning delay.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
Keeping in view above legal principle, I have considered present notice of motion. Apparently there is lapse on part of defendant but for that reason he cannot be precluded from contesting the matter on merits.
In the facts of matter it cannot be said that delay caused is deliberate. In order to permit defendant to contest the matter on merits, I am inclined to condone delay caused in filing written statement and permit him to file written statement. However, considering the conduct of defendant, it is necessary to impose certain costs upon him. Hence, pass following order.
ORDER
1. Notice of motion No.2878/19 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.1,000/- to the Plaintiff within period of one week. Defendant is at liberty to deposit costs payable to the Plaintiff in Court.
2. The defendant has to file his written statement within 7 days from date of payment of costs.
3. Accordingly, NM is disposed off.
Defendant has paid costs to the Adv for Plaintiff in open Court.
Defendant has to file written statement within 7 days from today. He is at liberty to move precipe for that purpose.
There is element of settlement, so matter is referred for mediation.
Parties are directed to appear before Mediator on 28.08.2019.
Earlier order, if any to continue till next date.
Adj for mediation report to 27.09.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: By Precipe.
Adv. Nilesh Parab for defendant present.
Ex.3 Written statement filed by Adv for defendant t.o.r.
Copy of written statement is already served on other side.
Already adj to 27.09.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: NOBTOB
Ex.4 Received mediation report. And marked exhibit.
Mediation failed. Already adj. to 27.09.2019
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv.Surbhi Gujar for Plaintiff present.
Adv. Nilesh Parab for defendant present.
Plaintiff and defendant present.
Adv. for defendant submitted that written statement of defendant be treated as reply.
Pursis filed by adv. for defendant t.o.r.
Earlier order, if any to continue till next date.
Adjd. to 22.10.2019 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Purvi Gujar for plaintiff present.
Adv. For defendant absent.
Defendant sought adjournment
O- Granted.
Earlier order, if any to continue till next date.
Adjourned to 27.11.2019 NM hearing.
LO
Adv. Nilesh Parab for defendant present.
Already adjourned to 27.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Nilesh Parab for defendant
Adv. Harish Pawar for plaintiff.
HE sought time to file rejoinder Granted.
Earlier order, if any to continue till next date.
Adjourned for rejoinder and hearing to 18.12.2019
Next Purpose: REJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Nilesh Parab for defendant present.
Rejoinder filed by adv. for plaintiff t.o.r
Copy served upon defendant.
Earlier order, if any to continue till next date.
Adjourned for 2.01.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Miss Gujar for plaintiff present.
Plaintiff and defendant present.
He sought adjournment. - Granted.
Earlier order, if any to continue till next date.
Adjourned to 31.01.2020 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv. Harish Pawar a/w Adv. Ms. Gujar for plaintiff present.
Defendant present. His advocate absent.
As advocate for defendant is absent hence adjourned in the interest of justice.
Earlier order, if any, to continue till next date.
Adjourned for hearing to 20.02.2020.
Next Purpose: HEARING
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv Harish Pawar for plff present.
Deft present.
Adv Vinod Singh for deft present.
Earlier order continued till next date.
Matter stands Adj for NM hearing to 23/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present.
Matter stands Adj for Hearing on N/M to 09/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present.
Earlier Order Continue.
Matter stands Adj for NM Hearing to 10/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv Harish Pawar for plff present.
Adv Vinod Singh for deft present.
Interim order to continue till decision of NM.
Matter stands Adj for NM Hearing to 15/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: As Holiday declared as per office order 79/2021. Due to covid matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021
Date: 15-04-2021
Business: As Holiday declared as per office order 79/2021. Due to covid matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv Harish Pawar for plff present.
None for deft.
Matter stands Adj for NM Hearing to 23/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2021
Date: 23-09-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Pawan Tiwari for plff present.
Adv Sachin Masurkar for deft present.
He filed list of documents in support of reply to NM. t.o.r. Copy given to Adv for plff.
Adv for plff seeks time for NM Hearing. With consent of Adv for deft adjournment is granted.
Matter stands Adj for NM Hearing to 03/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv Harish Pawar for plff present.
None for deft.
Matter stands Adj for NM Hearing to 17/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Harish Pawar for plaintiff present.
None for defendant.
Matter stands Adj for hearing to 08/03/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None for plff.
Adv Chitra Kavalekar for deft present.
PO is busy in dictating Judgment in SU 1097/2016, 1098/2016, 1099/2016 and 2294/2016.
Hence, matter stands Adj for NM Hearing to 13/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv Pawan Tiwari for plff present.
Adv Shahista for deft present.
PO is busy in dictating Judgment in SU 2988/2004.
Matter stands Adj for NM Hearing to 02/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: P.O. IS ON LEAVE, MATTER IS ADJD TO
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Harish Pawar for plaintiff present.
None for defendant.
Sufficient time is granted to work out n/m. Today also defendant and their advocate absent last chance granted. On failure hearing of n/m will proceed further in absent of defendant.
Parties are directed to give CTS Number of suit property.
Matter is adjd for n/m hearing to 13/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Harish Pawar for plaintiff present.
Adv. Sachin Masurkar for defendant present.
kb.
L. O.
Heard both advocate.
Parties are directed to give CTS number of suit property.
Matter is adjd for order to 17/09/2022
Next Purpose: ORDER
Next Hearing Date: 17-09-2022
Date: 13-09-2022
Business: Adv. Harish Pawar for plaintiff present.
Adv. Sachin Masurkar for defendant present.
kb.
L. O.
Heard both advocate.
Parties are directed to give CTS number of suit property.
Matter is adjd for order to 17/09/2022
Next Purpose: ORDER
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. Pawan Tiwari for plaintiff present.
FRSR following order passed
Order :-
1) Notice of motion no. 679 of 2019 is hereby partly allowed.
2) Defendant is hereby restrained from creating third party interest in the suit flat by way of sale, lease, mortgage, etc. till the final decision of the suit.
3) Prayer of plaintiff for appointment of Court Receiver is hereby rejected.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 30/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: (NOB TOB for placing the matter before National Lok-Adalat will be held on 12/11/2022.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 12/11/2022 at 10.00 a.m.
Issue notice to both parties to remain present before Naional-Lok-Adalat.
Matter is adj. to 12/11/2022 for National Lok-Adalat.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Both the parties and their advocates are absent.
Adjourned to 30.11.2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Pawan Tiwari for plaintiff present.
Adv. Sunita Perumal for defendant present.
Both parties seek time to file draft issue. Time granted.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 20/02/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Charusila Gorad h/f Harish Pawar for plaintiff present.
She filed draft issue.TOR.
Adv. Chitra Kavale h/f Sachin Masurkar for defendant present.
She seek time for draft issue. Time granted.
Matter adjourned for draft issue to 05/06/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Mr. Pawan Tiwari h/f Adv. Mr. Harish Pawar for plaintiff present.
Adv. Ms. Chitra Kawalekar h/f Adv. Mr. Sachin Masurkar for defendant seeks time for draft issues.
Matter adjourned for draft issues on 29.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Advocate Mr. Pawan Tiwari h.f. Advocate Mr. Harish Pawar for plaintiff present and seeks time to file draft issues. O- Granted.
Defendant and advocate absent.
Matter adjourned for draft issues on 17.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: P. O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Advocate Mr. Harish Pawar for plaintiff present.
Defendant and advocate absent.
Defendant to file draft issues.
Matter adjourned for draft issues on 23.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Advocate Ms. Charushila Gorad h.f. Advocate Harish Pawar for plaintiff present.
Defendant and advocate absent.
O- Last chance granted to defendant.
Matter adjourned for draft issues on 14.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Advocate Mr. Shubham Gawade h.f. Advocate Harish Pawar for plaintiff present.
Defendant and advocate absent.
Matter adjourned for draft issues on 18.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Advocate Harish Pawar for Plaintiff present.
Defendant and advocate absent.
Issues framed and marked as Exhibit-5.
Matter is adjourned for Recording Evidence on 29.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Advocate Kanekar h.f Harish Pawar for plaintiff present and seeks time. O- Granted.
Advocate Chitra Kawalekar h.f. Sachin Masurkar for defendant present.
Matter is adjourned for Recording Evidence on 06.12.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2024
Date: 06-12-2024
Business: Advocate Chitra Kavalekar h.f. Sachin Masurkar for defendant present.
Plaintiff and advocate absent.
Matter is adjourned for Recording Evidence on 17.03.2025.
Advocate Mr. Rudra Kanekar h.f. Harish Pawar for plaintiff submitted evidence affidavit of Hemangi Ganesh Kamerkar (PW-1) alongwith list of documents. Taken on record and marked as Exhibit-6 and 7. O- Read and recorded.
Order below Exhibit-7 O- Other side to say.
He is directed to serve copy to other side.
Matter is adjourned for Admission Denial on 17.03.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Advocate Harish Pawar for plaintiff present.
Advocate Chitra Kawlikar for defendant present and seeks time to submit the say to the documents filed by the plaintiff. O- Granted.
Matter is adjourned for Reply on Admission / Denial on 11.07.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: PO is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: Advocate Rudra Kanekar i/b Advocate Harish Pawar for plaintiff is present.
Advocate Chitra Kawalekar h.f. Advocate Sachin Masurkar for defendant is present and seeks time for filing reply on documents.
Ld. advocate for plaintiff has strong objection. Hence in the interest of justice, last chance is granted to defendant for filing reply on documents of plaintiff.
Matter adjourned to 26.11.2025 for reply on documents of plaintiff and hearing on documents (Admission / Denial).
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Advocate Sonal Bhor h.f. Advocate Harish Pawar for plaintiff is present.
Advocate Chitra Kawalekar h.f. Advocate Sachin Masurkar for defendant is present. She filed adjournment application. O- Granted as prayed.
Matter adjourned to 20.01.2026 for Reply on Compilation of the plaintiff.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: Advocate Shivam Gawade for plaintiff is present.
Adv. Nimish Achrekar i/b Sachin Masurkar For defendant present and seeks time. O-Short adjournment granted as last chance.
Matter adjourned to 25/02/2026 for admission denial.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-02-2026
Date: 25-02-2026
Business: Advocate Harish Pawar for plaintiff is present.
None present for Defendant. Kept Back
Later on at 11.43 A.M.
Advocate Harish Pawar for plaintiff is present.
Advocate Dilip Bhandari h/f Adv. sachin Masurkar for Defendant is present.
Perused examination in Chief affidavit of the plaintiff. I have gone through documents tendered on record.
Heard both sides on Exh-7
The documents (Exhibit-7) from Serial no. 1 to 10 are exhibited as follows-
Order below Exhibit-7
Document at sr. No. 1 Original office copy of the said letter dated 01/04/1997. TOR. Marked as Exhibit-8.
Document at sr. No.2 Photo copy of share certificate bearing No. 28, for the shares bearing no. 136 to 140 dated 02/10/1977 is in possession of Defendant. TOR. Marked as Exhibit-9.
Document at sr. No.3. Original bills of maintenance charges dated 07/10/1997, 06/06/1998 and 15/02/2000 in resepct of suit premises no. 2 issued by society. TOR. Marked as Exhibit- 10.
Document at sr. No.4 Original letter dated 22/11/2015 TOR. Marked as Exhibit-11.
Document at sr. No. 5 Original letter dated 01/09/2016 TOR. Marked as Exhibit- 12.
Document at sr. No.6 original office copy of application dated 04/04/2016. TOR. Marked as Exhibit- 13.
Document at sr. No.7 original office copy of the said notice dated 06/10/2016 alongwith original postal receipts of dispatch and acknowledment of registered post AD. TOR. Marked as Exhibit- 14.
Document at sr. No. 8 photo copy of the said lette dated 08/04/2017. TOR. Marked as Exhibit- 15.
Document at sr. No. 9 original letter dated 08/05/2017. TOR. Marked as Exhibit-16.
Document at sr. No. 10 True copies of the two orders dated 04/04/2018, in respect of suit premises no. 1 and 2. TOR. Marked as Exhibit- 17.
Matter adjourned to 21.04.2026 for Cross Examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2026
Date: 21-04-2026
Business: Advocate Shivam Gawade i/b Harish Pawar for plaintiff is present.
Advocate Dilip Bhandari h.f. Adv. Sachin Masurkar for defendant is present. He seeks time. O- Granted.
Witness present.
Matter adjourned to 22.06.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2026
Date: 22-06-2026
Business: P.O. is on leave. Hence matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2026
Date: 11-08-2026
Business: Advocate Shraddha Yadav for plaintiff is present.
Advocate Chitra Kawalekar h.f. Sachin Masurkar for defendant no. 1 is present and seeks time.
PW- 1 present.
Matter adjourned to 21.09.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2026
