Date: 21-02-2020
Business: Advocate Mr. S. N. Kadam for Plaintiff present and filed affidavit in reply to NM no.89/20, t.o.r. Copy served upon Defendant\''s advocate. Plaintiff\''s advocate tendered registered Chamber Summons no.47/2020 and affidavit of service, t.o.r.
Advocate Mr. Rajabally for Defendant present and filed registered Notice of Motion no.89/2020 with affidavit in support, t.o.r.
Plaintiff\''s advocate submitted that copy of Written Statement is not served upon Plaintiff. Defendant is directed to serve copy if not served and if it is already served Defendant to file affidavit of service of copy of Written Statement upon Plaintiff.
Case is adjourned to 21/03/2020 for Chamber Summons reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for Plaintiff.
Advocate Vandana Thakur for Defendant no.8 to 11 present
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 17/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021
Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv Mr. S.N. Kadam for plff present and filed draft Ch/s along with affidavit in support. O- Leave to register is granted.
He also filed additional affidavit in reply in NM No.89/2020.
Adv Mr. Mishra h/f Adv Mr. Prabhu for deft Nos.1 ,3 to 7 present and filed affidavit in reply in NM No.89/2020.
Adv Mishra also filed V.P. at Exh.10 on behalf of deft Nos.2a to 2c of the C.A. of those defendants.
Adv Ms. Vandana Thakkar h/f adv Mr. Rajabally to 8 to 11 present and filed affidavit of service in NM No.89/2020.
Matter is adjd. for CS reply and NM hearing to 09.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv.Shri. S. M. Kadam for plff present and filed registered Ch/s.No.454/21 alongwith affidavit in support. He also filed affidavit of service of said Ch/s. He also filed affidavit of Jitendra Boble, son of plaintiff in support of NM No.89/2020.
Adv.Shri.Arun Mishra i/b Shri. J.P.Prabhu for deft Nos.3 to 7 present and filed reply to Ch/s.454/21.
Matter is adjd. for reply of defendants and NM hearing 21.06.2021
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv Mr. N.K. Dubey h/f Adv. Kadam for plff present and tendered draft ch/s along with affidavit in support for bringing on record the HLRs of deceased deft No.1. O- Leave to register is granted with direction to serve the proposed legal heirs.
None present for deft.
Matter is adjd. for service to 30.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Mr. Arun D. Mishra appeared and mentioned the matter in the morning session. He filed vakalatnama on behalf of deft No.3 to 7 at Exh.11.
Matter is on the board of afternoon session hence, kept back.
L.O. at 3.05 p.m.
Adv Mr. S.M. Kadam for plff present and tendered registered Ch/s No.951/2021 along with affidavit in support. He also filed affidavit of service of said ch/s.
Matter is adjd. for Ch/s reply to 10.11.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 23-12-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 23-12-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2022
Date: 23-12-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2022
Date: 23-12-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2022
Date: 23-12-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Mr. S.N.Kadam for plff. present and filed death certificate of deft No.2. with pursis in Ch/s No. 47/2020.
Adv Mr. Arun Mishra for deft Nos.3 to 7 present and endorsed reply on affidavit filed in support of Ch/s No.47/2020 and Ch/s No.951/2021. He gave oral undertaking that he will file vakalatnama on next date on behalf of proposed legal heirs of deceased defendant No.1. He submitted that the reply filed by defendant Nos.3 to 7 is adopted as their reply by proposed legal heirs of deceased defendant No.1. He endorsed reply on Ch/s No.454/2021 on behalf of proposed legal heirs of deceased defendant No.1.
None present for other defendants.
Other defendants failed to file reply to those Chamber summons hence, all ch/s to proceed further without reply of other defendants.
Heard arguments of advocates present today in Ch/s No.47/2020, Ch/s No.454/2021 and Ch/s No. 951/2021.
ORDER in Ch/s No.47/2020.
Statement made in the affidavit filed in support of the Ch/s No.47/2020 about causing death of defendant No.2 on 18.10.2019 is supported by the copy of death certificate produced on record today. Chamber Summons is taken out on 06.01.2020 which is within limitation. Advocate for deft Nos.3 to 7 though objected, he conceded that the persons named in the schedule are the only HLRs of deceased defendant No.2. Considering it and as cause of action appears surviving, Chamber Summons No.47/2020 is allowed as prayed.
Plaintiff to shall carry out the amendment as per prayed within two weeks from today.
ORDER in Ch/s No.454/2021
It appears that there is accidental typographical mistake in mentioning name D.B. Shetty instead of B.D. Shetty in para-5,8 and 11 of the plaint. Proposed amendment will not alter the nature of the suit hence, Chamber Summons No.454/2021 is allowed as prayed.
Amendment as per schedule shall be carried out within two weeks from today.
ORDER in Ch/s No.951/2021
Statement made in the affidavit filed in support of the Ch/s No.951/2021 about causing death of defendant No.1 on 03.06.2021 is supported by the copy of death certificate produced with Ch/s itself. Chamber Summons is taken out on 13.08.2021 which is within limitation. Advocate for proposed legal heirs of deceased defendant No.1 and deft Nos.3 to 7 though objected, he conceded that the persons named in the schedule are the only HLRs of deceased defendant No.1. Considering it and as cause of action appears surviving, Chamber Summons No.951/2021 is allowed as prayed.
Plaintiff to shall carry out the amendment as per prayed within two weeks from today.
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Advocate for the plaintiff brought to the notice that it is wrongly mentioned in roznama dt.09.04.2021 that affidavit of son Jitendra Boble of the plaintiff is filed in N.M.No.89/2020 though it is the affidavit in reply of plaintiff’s son in the said NM. Having gone through the record substance is found in his said submission as NM No.89/2020 is taken out by defendant Nos.8 to 11 for rejection of plaint.
As nobody is present for deft nos.8 to 11 today, said NM be kept for hearing on next date.
Matter is adjd. for compliance and hearing in NM No.89/2020 and N.M.No.2898/2017 to 20.04.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 04-03-2022