Date: 12-02-2019
Business: Adv. Powar for Plaintiff present.
Plff present.
Deft nos.1 and 2 present.
Ex.2 Adv. Sallian filed V/n for Defendant no.3 and 4 t.o.r.
Plff tendered original NM no.144/19 t.o.r.
He also filed Affidavit of service t.o.r.
Ex.3 Original writ of summons filed by Plaintiff t.o.r.
Adj for NM reply to 01.04.2019.
Next Purpose: REPLY
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. Powar for Plaintiff present.
Ex.4 Adv. Abhinav Bhatkar filed V/n for Defendant no.1 t.o.r.
Ex.5 Adv. Abhinav Bhatkar filed V/n for Defendant no.2 t.o.r.
Adv. Himakar Salian for Defendant no.3 and 4 present. He filed reply to NM and written statement t.o.r.
Adj for NM reply by Defendant nos.1 and 2 to 15.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Plff and Adv absent.
Adv. Himakar Salian for Defendant nos.3 and 4 present.
Adv. Ms.Abhinav for Defendant nos.1 and 2 present.
Deft no.2 present.
Adv for defendant no.1 and 2 prayed for grant of one week time to file reply.
One week time is granted to file reply.
Adj for NM reply to 24.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Adv. Powar for Plaintiff present.
Adv. More for Defendant no.1 and 2 present.
Adv. Salian for Defendant nos.3 and 4 present.
Plff is present.
Deft nos.1 to 4 present.
Adv for Deft nos.1 and 2 filed reply to NM 2316/19 t.o.r.
Draft NM filed by Adv for Defendant nos.1 and 2 t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Plaintiff on NM.
Order below draft NM.
Read Notice of motion, affidavit in support of it, reply of Plaintiff.
Notice of motion is taken out by defendant nos.1 and 2 for condoning delay of 130 days caused in filing of written statement and taking their written statement on record. They contended that for filing written statement, they have applied for getting certain documents under RTI but could not get those documents either in the month of April or May 2019. It is further contended that delay caused is unintentional. The reason assigned by the defendant nos.1 and 2 is sufficient to condone the delay caused. Moreso, delay caused is not inordinate. It cannot be said that delay caused is deliberate. In above circumstances, I am inclined to allow draft notice of motion. However, considering the conduct of defendant nos.1 and 2, I am of view to impose certain costs upon defendant nos. 1 and 2. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute subject to payment of costs of Rs.1,000/- within period of one week. The defendant nos.1 and 2 are at liberty to deposit costs payable to the Plaintiff in Court.
2. On payment of costs by the defendant nos.1 and 2 to the Plaintiff their written statement be taken on record and marked exhibit.
3. Draft NM be registered for statistical purpose.
4. Accordingly, draft NM is disposed off.
Keeping in view that it is partition suit, there is possibility of settlement. So, it is referred to Lok Adalat.
Both parties are directed to appear before Lok Adalat on 13.07.2019.
Adj for NM hearing to 25.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Powar for Plaintiff present.
Adv. Neelam More for defendant nos.1 and 2 present.
Adv. Salian for Defendant nos.3 and 4 present.
Adv for Plaintiff sought adjournment on the count that Plaintiff wants to take out chamber summons as the third party right has been created by the defendant in some of the properties involved in the suit.
Matter is adj for NM hearing to 20.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. Powar for Plaintiff present.
Adv. Saniyal for defendant nos.3 and 4 present.
Plaintiff tendered registered Ch/s No.1455/19 t.o.r.
Plaintiff is directed to file affidavit of service of Ch/s on record.
Adj for service report and Ch/s reply to 11.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: As P.O. is proceeded to Nashik to attend Regional Conference,
board discharge and adjd. to 15.11.2019
Next Purpose: SERVICE
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Reason For Adjournment: court time is over
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Salian for defendant no 3 and 4 present.
KB
LO
As court is busy in passing order in other matter,
adjourned to 22.11.2019 for order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. for Plaintiff absent.
Adv. Salian for defendant no 3 and 4 present.
FRSR following order is passed in Ch/s No.1455/19.
ORDER
1. Chamber Summons No.1455 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Plaintiff is directed to carry out necessary amendment in plaint and Notice of motion as per schedule annexed to the chamber summons within period of two weeks from the date of this order.
3. Accordingly, chamber summons is disposed of.
Adj for directions to 11.12.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Pawar for plaintiff present.
Adv. Nilam More for defendant no 1 and 2 present.
Adv. Salian for defendant no 3 and 4 present.
Issue Writ of summons against newly added defendant no 5 for settlement of issues and filing W/s.
Adjourned for service to 16.01.2020
Next Purpose: SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Powar for plaintiff present.
Defendant No. 1 present.
Adv. Salian for defendant No. 3 and 4 present.
Adv. for plaintiff filed affidavit of service.
Exh.4 He also filed original Writ of summons. t.o.r.
Writ of summons is duly served upon defendant No. 5.
Adjourned for reply of def No. 5 and W/S to 6.02.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv Powar for plff present.
Adv Bharti Bhat for deft no. 1 and 2 present.
Adv Salian for deft no. 3 and 4 present.
Deft no. 5 in person present.
Exh 05 - He filed adjournment application to file WS. t.o.r.
Matter stands Adj for WS of deft no. 5 and reply of NM to 18/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Both parties and their Adv absent.
Matter stands Adj for written statement to 17/04/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present.
Matter stands Adj for NM hearing to 02/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv for plff absent.
Deft no. 2 present.
Adv Abhinav Bhatkar for deft no. 1 and 2 present.
Adv Salian for deft no. 3 and 4 present.
Adv for deft no. 5 absent.
Last chance granted.
Matter stands Adj for NM Reply to 10/03/2021.
Next Purpose: REPLY
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv Bhimrao Powar for plff present.
Adv Nilam More for deft no. 1 and 2 present.
Adv Kumar appeared for deft no. 5.
Exh 06 - He tendered VP for deft no. 5. t.o.r.
He filed reply to NM 144/2019. t.o.r.
Copy served to Adv for plff.
Matter stands Adj for NM Hearing to 22/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None for plff.
Adv Neelam More for deft no. 1 and 2 present.
Adv Sanjiv Rapolu for deft no. 5 present.
Matter stands Adj for NM Hearing to 20/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Plff present.
Adv Bhimrao Powar for plff present.
Deft no. 2 and 5 present.
Adv Kumar for deft no. 5 present.
Adv for plff seeks time for NM Hearing. Granted.
Matter stands Adj for NM Hearing to 15/12/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Powar for plff present.
Adv Neelam More for deft no. 1 and 2 present.
Deft no. 3 and 4 present.
Adv Prashant Chaturvedi for deft no. 5 present.
He seeks time for NM Hearing. Granted.
Matter stands Adj for NM Hearing to 02/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: P.O. is on leave. Matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022
Date: 02-02-2022
Business: P.O. is on leave. Matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Powar for plaintiff present.
Adv. Salen for defendant no. 3 and 4 present.
Adv. Kumar for defendant no. 5 present.
Defendant no. 2 present.
He seek time for hearing. Granted.
Matter stands Adj for 11/04/2022 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Powar for plff present.
Deft no. 2 present.
Adv Salian for deft no. 3 and 4 present.
Adv Vaibhav for deft no. 5 present.
By consent, matter stands Adj for NM Hearing to 27/06/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Powar for plaintiff present.
Adv. Sallean for defendant no. 3 and 4 present.
Defendant no. 2 and 5 present.
He seek time for hearing . Time granted.
Matter is adjd 11/08/2022 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Neelam More for defendant no. 1 and 2 present.
Adv Salian for defendant no. 3 and 4 present.
Adv. Sarika Dube for defendant no. 5 present.
She seek time. Time granted as last chance.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 10/10/2022.
Next Purpose: HEARING
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Powar for plaintiff present.
Adv. Nilam More for defendant no. 1 and 2 present.
Adv. Salian for defendant no. 3 and 4 present.
Adv. Rapolu for defendant no. 5 present.
Parties are directed to give CTS number of suit property.
With consent matter is adjd for hearing to 02/12/2022
Next Purpose: HEARING
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Adv. Powar for plaintiff present.
Adv. Neelam More for defendant no. 1 and 2 present.
Adv. Jafar for defendant no. 5 present.
Adv. Salian for defendant no. 3 and 4 present.
Defendant no. 1 , 2 and 5 present. KB.
L. O.
Perused pleadings. There is chance of settlement between the parties. They are closely related. The plaintiff is real sister of defendant no. 1 and 2. Suit is for partition. Hence matter is refer for Mediation. Parties are directed to attend Mediation Department on 21/12/2022.
Parties are directed to give CTS number of suit property.
Matter is adjd for mediation report to 18/01/2023.
Next Purpose: REPORT
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: By precipe.
Mediation Report received Exh 7. TOR.
Already adjourned to 18/01/2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-01-2023
Date: 03-01-2023
Business: By precipe.
Mediation Report received Exh 7. TOR.
Already adjourned to 18/01/2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: PO is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-03-2023
Date: 18-01-2023
Business: PO is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Salian for defendant no. 3 and 4 present.
Defendant no. 2 present and his advocate absent.
Matter adjourned for hearing to 19/04/2023.
Next Purpose: HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Salian for defendant no. 3 and 4 present.
Adv. Sanjeev Rapolu for defendant no. 5 present.
None for defendant no. 1 and 2.
With consent matter adjourned to 19/06/2023.
Next Purpose: HEARING
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: As P.O. is on leave, board discharged and matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 28-07-2023
Date: 19-06-2023
Business: As P.O. is on leave, board discharged and matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present.
Advocate Ms. Neelam More for defendant no. 1 and 2 present.
Advocate Mr. Salian for defendant no. 3 and 4 present.
KB
LO
Defendant no. 5 absent. O- Last chance granted to defendant no. 5.
Matter adjourned for hearing on 29.08.2023.
Next Purpose: HEARING
Next Hearing Date: 29-08-2023
Date: 28-07-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present.
Advocate Ms. Neelam More for defendant no. 1 and 2 present.
Advocate Mr. Salian for defendant no. 3 and 4 present.
KB
LO
Defendant no. 5 absent. O- Last chance granted to defendant no. 5.
Matter adjourned for hearing on 29.08.2023.
Next Purpose: HEARING
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present and seeks time. O- Granted.
Advocate Mr. Sanjeev Kumar Rapolu for defendant no. 5 present.
Advocate Ms. Neelam More for defendant no. 1 and 2 present.
Advocate Mr. Salian for defendant no. 3 and 4 present.
Matter adjourned for hearing on 05.10.2023.
Next Purpose: HEARING
Next Hearing Date: 05-10-2023
Date: 29-08-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present and seeks time. O- Granted.
Advocate Mr. Sanjeev Kumar Rapolu for defendant no. 5 present.
Advocate Ms. Neelam More for defendant no. 1 and 2 present.
Advocate Mr. Salian for defendant no. 3 and 4 present.
Matter adjourned for hearing on 05.10.2023.
Next Purpose: HEARING
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: PO is on half day leave (Second Session), hence matter is adjourned.
Matter adjourned for hearing on 20.11.2023.
Next Purpose: HEARING
Next Hearing Date: 20-11-2023
Date: 05-10-2023
Business: PO is on half day leave (Second Session), hence matter is adjourned.
Matter adjourned for hearing on 20.11.2023.
Next Purpose: HEARING
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present.
Advocate Ms.Neelam More for defendant no. 1 and 2 present.
Advocate Mr. Salian for defendant no. 3 and 4 present.
Kept back
Later on at 3.40 P.M.
Advocate Mr. Sanjeev Kumar Rapolu for defendant no. 5 present.
Advocate Mr. Bhimrao Pawar for plaintiff present.
Later on at 3.55 P.M.
Heard argument of both the parties advocates on NM 144/2019.
Matter adjourned for NM orders on 30.11.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 30-11-2023
Date: 20-11-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present.
Advocate Ms.Neelam More for defendant no. 1 and 2 present.
Advocate Mr. Salian for defendant no. 3 and 4 present.
Kept back
Later on at 3.40 P.M.
Advocate Mr. Sanjeev Kumar Rapolu for defendant no. 5 present.
Advocate Mr. Bhimrao Pawar for plaintiff present.
Later on at 3.55 P.M.
Heard argument of both the parties advocates on NM 144/2019.
Matter adjourned for NM orders on 30.11.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Advocate Mr. Bhimrao Pawar for plaintiff present.
Advocate Ms. Neelam More for defendant no. 1 and 2 present.
Advocate Ms. Delzeen Dastoor for defendant no. 5 present.
Kept back
Later on at 4.45 P.M.
FRSR following order is passed -
ORDER
Notice of Motion No. 144 of 2019 is rejected with no order as to costs.
Nature Of Disposal: OTHER
Disposal Date: 30-11-2023
