Micheal Alex MartisVsPascoal Alex Martis +4 more

Date: 26-02-2020
Business: Advocate Rajesh Mirchandani for Plaintiff present
Defendant no.1,2 and 3 and submitted that they are intending to support to Plaintiff and they are not intending to file Written Statement hence suit to proceed for without Written Statement of Defendant no.1 to 3.
None present for Defendant no.4
Advocate Mr. Shivkumar Mishra @ Defendant no.5 present and filed vakalatnama for Defendant no.5, t.o.r.
Case is adjourned to 14/07/2020 for appearance of Defendant no.4 and Written Statement of Defendant no.5. Plaintiff to file affidavit of service of writ of summons against Defendant no.4.
Next Purpose: FOR APPERANCE
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: Adjourned due to Covid-19.
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Business: National Lockdwon
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020 for Service/appearance.
Next Purpose: SERVICE
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
Next Purpose: SERVICE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None present for plff.
Adv Mr. Mishra for deft No.5 present.
None present for other defts.
As nobody is present for the plff,Considering the present pandemic condition, matter is adjd. for filing affidavit of service of writ of summons on deft No.4 to 22.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: None present for plff.
Despite granting several opportunities, plff has not filed affidavit of writ of summons as per the direction given on 26.02.2020 hence, matter be kept for order.
Matter is adjd. for order to 10.12.2021.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: None present for plff.
None present for deft Nos.1 to 3.
Adv Mr.Dhongade appeared and filed vakalatnama on behalf of deft No.5 at Exh.3.
Plff failed to file affidavit of service of writ of summons n respect of deft No.4. Already several chances are given to the plff to file affidavit of service but he failed  hence, suit against deft No.4 is dismissed in default for want of prosecution. Adv for the deft No.5 seeks time to file WS. Adv. for the deft will have to take out NM for delay condonation as statutory period prescribed by O-8 R-1 CP.C. is already over.
Matter is adjd. for NO WS order against deft No.4 to 15.02.2022.
Next Purpose: ORDER
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: None present for plff.
Adv Mr. Dongre present for deft.No.5 and filed application Exh.4 for dismissing the suit summarily. O-Call say of plff.
Matter is adjd. for no WS order and say of plff on Exh.4 to 27.04.2022.
Next Purpose: REPLY
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv.Rajesh Mirchandani for plaintiff present.
Adv.Dhongade for defendant No.5 present.
KB
LO at 12.20 pm,
Adv.Dhongade for defendant No.5 present.
Matter adjd to 05.08.2022 for No WS order and say of pltff on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv.Labhashree Shinde for plaintiff present.
Adv.Dhongade for deft.No.5 present.
      The plaintiff requested for time to file reply on Exh.4. Last chance granted.
Matter adjd to 06.10.2022 for reply on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv.Labhashree Shinde h/f.Adv.Mirchandani for plaintiff present.
Adv.Dhongade for deft.No.5 present.
The plaintiff filed reply to the preliminary objection Exh.4 t.o.r. and marked as Exh.5. Copy is received by defendant No.5.
Matter adjd to 12.12.2022 for hearing on Exh.4.
Next Purpose: HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Court is on leave hence matter Adjourned
Next Purpose: HEARING
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Labhshri Shinde h/f Adv. Rajesh Mirchandani For plaintiff present.
Adv. Tejas Pavaskar for defendant no. 5 present.
read the application Exh. 4 both advocates are unable to proceed with Exh. 4 today. It appears that said application is for dismissal of the suit for want of steps and absence of plaintiff roznama shows that adv. for the plaintiff is appearing in the suit but failed to take steps
hence adj. 28.03.2023  for necessary order for the plaintiff.
Next Purpose: ORDER
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. Rajesh Mirchandani for the plaintiff is present.
Adv. Dhongade B. D. for defendant No.5 is present.
On oral request of 5th defendant\''s advocate, adjourned for rejoinder in Exh.04.
Matter adjd to 21.06.2023 for rejoinder in Exh.04.
Next Purpose: REJOINDER
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Adv. Labhashree Shinde for plaintiff present.
Adv. Dhongade for defendant No.5 present.
K. B.
L.O. at 01.05 p.m.
Adv. Labhashree Shinde for plaintiff present.
Adv. Dhongade for defendant No.5 present.
Adv. For D-5 tendered rejoinder to Exh.4. TOR. Marked as Exh.5. copy of the application furnish to other side.
Matter is adjd.to  02-08-2023 for hearing on Exh.4.
Next Purpose: HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Rajesh Mirchandani a/w plaintiff present.
Adv. Dongare a/w defendant no. 5 present.
Order below Exh. 4 -
This is an application titled as preliminary objection of defendant no. 5. It is stated that the suit has been filed on 10-01-2020 and came to be registered on 05-02-2020. After filing of the suit the plaintiff failed and neglected to take steps in the matter and thus the plaintiff is not interested in pursuing the suit. The application would also indicate several dates between 15-02-2020 and 10-12-2021 during which the plaintiff did not take any steps in the matter and on 10-12-2021 due to failure of the plaintiff to file service affidavit in respect of defendant no. 4, the suit has been dismissed for default against defendant no. 4. Defendant no. 5 would thus seek dismissal of the suit under order IX Rule 8 of C.P.C.. The plaintiff opposed the application Exh. 4 by filing reply Exh. 5 contending that the same is not maintainable. It is further stated that though the defendant no. 5 is claiming to have been appearing in the suit since the year 2020, she has not filed her written statement. It is further stated that the Honble Supreme Court  during the period of COVID-19 Pandemic passed certain orders thereby excluding the period of limitation. It is only the defendant no. 5 who is contesting the suit. The other defendants have supported the plaintiffs claim and on the 1st day of hearing in the suit the other defendants were present in the Court and filed affidavit in support of the plaintiffs claim. Hence, the application is sought to be rejected. Heard the  Ld. Counsel for defendant no. 5 and the plaintiff. They would make their submissions on the lines of the contentions made in the application and said reply. After considering the matter I would find substance in the submissions made by the The Ld. Counsel for  plaintiff . I would thus find no force in the application Exh.4 and the same therefore is rejected. Since the defendant no. 5 admittedly has not filed her written statement despite her appearing in the suit, since 26-02-2020, the suit is directed to proceed without written statement of defendant no. 5.
Matter is adjd.to 26-09-2023 for further steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Plaintiff in person present.
Adv. Dhongade  for defendant no. 5 present and filed affidavit of deft. no. 5 for setting aside No W.S. Order dtd. 02-08-2023 t.o.r. marked as Exh.6
He also filed written statement on behalf of defendant no. 5 t.o.r. - Subject to limitation.
Matter is adjd.to 19-10-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Rajesh Mirchandani for plaintiff present.
Adv. Dongale for defendant no. 5 present.
The Ld. Counsel for  plaintiff though is ready to make submission on the application filed by the defendant no. 5 for setting a side no ws order dtd. 02-08-2023, The Ld. Counsel for  defendant no. 5 would make submission that the plaintiff to file reply on the said application Exh. 6 so that the parties can be heard on the question of setting a side of no ws order. The Ld. Counsel for  plaintiff would make submission that he would filed detail reply on said application on next date. The matter therefore adjourned for plaintiff reply on Exh. 6.
Matter is adjourned to  30-01-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: (Incharge Court Room No. 62)
Adv. Labhashree Shinde a/w  plaintiff present and filed a reply to Exh. 6  reply taken on record marked as Exh.7
 Adv. Bharat Dhongade for defendant present.
Matter is adjourned to 21-02-2024 for Order on Exh. 6
Next Purpose: ORDER
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Adv. Rajesh Mirchandani for plaintiff alongwith plaintiff present.
None for defendants.
From the perusal of the record it appears that the defendant no. 5 moved application Exh. 06 for seeking aside no. WS order dtd. 02-08-2023 passed below Exh. 04. The plaintiff apposed the application by filling affidavit in reply Exh. 07 contending that the application Exh. 06 is not maintainable and the defendant no. 5 ought to have had taken out Notice of Motion  for setting aside no WS order. I would find substance in the reply Exh. 07. Hence the application Exh. 06 being not maintainable stands rejected.
Matter is adjourned to   16-04-2024 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: Adv. Rajesh Mirchandani a/w  plaintiff present.
Adv. Dhongade for defendant no. 5 present.
Kb filing evidence.
LO 1.00PM
Adv. Labhshree Shinde a/w  plaintiff present and tendered affidavit in Examination in chief and list of documents . It is taken on record and marked as Exh. 8, Exh.9 respectively. Copy of same furnished to other side in Court.
Adv. for defendant tendered draft NM O- Leave granted to register NM. Copy of same furnished to other side in Court.
Matter is adjourned to 12-06-2024 for Reply on NM.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: Adv. Labhashree Shinde for plaintiff present.
Adv. Dhongade  for defendant no. 5 present and filed registered NM No.1835/24 along with affidavit in support. It is taken on record.
Matter is adjourned to 08-08-2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Adv.Labharshi Shinde for plaintiff present and filed reply on N/M No.1835/2024. It is taken on record and marked as Exh.8
None for defendant present.
Matter is adjourned to 09/09/2024 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Adv. Lavashri Shinde for plaintiff present.
Adv. Dhondage for defendant No. 5 present and filed rejoinder to the affidavit in reply filed by the plaintiff. It is taken onrecord and marked as Exh.9.
Matter is adjourned to 04.12.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Adv. Labhashri Shinde for plaintiff present.
Adv. Dhondage for defendant no. 5  present.
At the request of defendants advocate matter is adjourned to 13.02.2025 for re-hearing.
Next Purpose: HEARING
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: Adv. Rajesh Mirchandani for plaintiff present.
None for defendant.
Matter is adjourned to 05-03-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: Adv. Labhashri Shinde for plaintiff present.
Adv. Dhondare for defendant  No. 5 present.
KB
LO at 03.45 pm
Heard defendant both side on NM 1835/24
F.R.S.R. following order passed in NM No. 1835/2024 -
Order
1. Notice of Motion No. 1835/2024 is allowed and no WS order is set aside subject to payment of costs of Rs. 750/- to the plaintiff by defendant No.5 on or before next date and after compliance of this direction her written statement be taken on record.
2. Notice of Motion No. 1835/2024 is accordingly disposed off.
Matter is adjourned to 26.03.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: None for plaintiff present.
Adv. Pathak h/f Adv. Dhondare for defendant No. 5 present.
Matter is adjourned to 26-06-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: None for plaintiff.
Adv. Dongale for defendant no.5 present and tendered pursis for compliance of order dtd.05.03.2025. It is taken on record and marked as Exh.10.
In view of compliance (written statement) by defendant no.5. It is taken on record and marked as Exh.11.
Matter is adjourned to 10.12.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: Adv. Labhashree Shinde alongwith plaintiff present.
Adv. Dhongade alongwith Defendant no. 5 present.
Matter is adjourned to 10.02.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-01-2026

Date: 30-01-2026
Business: Matter pertain to C. R. No. 62.
Not on board, taken on board.
Considering the nature of suit, there appears elements of settlement. Hence, matter be referred to mediation
Matter is adjourned to 10-02-2026 for Mediation Report/Draft Issues.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Labhashree S. Shinde for plaintiff present.
Adv. Dhongade for defendant No. 5 present.
Mediation report awaited.
Matter is adjourned to 30.04.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.50 am
Adv. Labhashree Shinde for plaintiff present.
Defendant no. 5 in person present.
Mediation report received from department with remark Not Settled. It is taken on record and marked as Exh.12.
Matter is adjourned to 15.07.2026 for framing issues.
Later on at 12.05 pm
Adv. Dhongare for defendant no. 5 present.
Matter is adjourned to 15.07.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: P.O. IS ON LEAVE.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: P.O. IS ON OFFICIAL TRAINING.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-08-2026

Date: 27-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
NOT ON BOARD TAKEN ON BOARD.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 12-09-2026 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 21-09-2026 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 17.11.2026 for framing issues.
Later on at 01.20 pm
Adv. Rajesh Mirchandani for plaintiff present.
Matter is adjourned to 17.11.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-11-2026

NOTICE OF MOTION/101835/2024

Registration Number: 100421/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 100446/2020
Filing Date: 10-01-2020
First Hearing Date: 26th February 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE