Date: 03-06-2019
Business: Advocate Ms. Rinkal for Plaintiff present.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 16/09/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Court is busy in recording evidence in suit no.9168/92, hence case is adjourned to 11/11/2019.
Advocate Vaibhav Sharma for Plaintiff present
Advocate Parth Sigh for Defendant no.1 filed vakalatnama, t.o.r. NM also filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Priyesh Manjrekar for Plaintiff present
Advocate Parth Singh for Defendant no.1 present and filed registered Notice of Motion no.3747/2019 with affidavit in support, t.o.r.
Case is adjourned to 29/01/2020 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: As Court is busy in hearing Arguments in Chamber Summons No.150/2017 in Suit no.3697/2010, hence board is discharged.
Case is adjourned to 16.03.2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate Sakshi Sahu for Plaintiff present and filed reply to Notice of Motion no.3747/19, t.o.r.
Advocate for Defendant no.1 present
Case is adjourned to 22/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 08/01/2021 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv Ms. Sakshi Saboo for Plaintiff Nos.1 and 2 present.
Adv Mr. Shrikant Rathi for D1 present and requested to keep back the matter.
K.B.
L.O.
Arguments of both the sides heard.
Adjd. for order to 11.01.2021.
Next Purpose: ORDER
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv Ms.Sakshi Saboo for Plaintiff present.
None present for Defendant.
F.R.S.R following order is passed in Notice of Motion No.3747
ORDER
Notice of Motion No.3747/2019 is dismissed.
------
Adjd. for filing affidavit of service of writ of summons by the Plaintiff to 07.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Advocate Sarvesh Sangle for plaintiff present. Issue writ of summons under Order 8 Rule 1 of Civil Procedure Code.
None present for the defendant.
Adjourned for service of writ of summons to 28.06.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Adv Mr. Saurabh Gokhale for plff present and seeks extended time to serve the defendants with writ of summons. O- Time extended till next date.
Matter is adjd. for filing affidavit of service to 11.08.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv Mr. Sarvesh Sangle for plff present and seeks time to file affidavit of service of writ of summons on deft No.2.
Adv Mr. Makarand Bakor for deft No.1 present and seeks time to file written statement.
Matter is adjd. for filing affidavit of service and for taking steps by deft No.1 for filing WS to 27.10.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv Ms.Bhakti Jain i/b Raval Shah & Co. present for plffs.
Adv Mr. Makarand Bakor present for deft.No.1 and filed application Exh.3 for taking on record WS of deft no.1. Adv. for the plff endorsed no objection on application itself hence, application Exh.3 is allowed and WS of deft No.1 is R & R at Exh.4.
None present for other defts.
Adv for the plff seeks time to file affidavit of service.
Matter is adjd. for affidavit of service to 14.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv Ms. Sakshi Saboo present for plff. and seeks time to file affidavit of service in respect of deft No.2.
Adv Mr. Shrikant Rathi present for deft.No.1 and submitted that Deft No.1 has already filed WS.
Matter is adjd. for affidavit of writ of summons in respect of deft No.2 to 22.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv Ms. Agrawal present for plff. and seeks time to file affidavit of service of writ oif summons in respect of deft No.2.
Adv Mr. Shrikant Rathi present for deft.No.1.
On request of adv. for plff, matter is adjd. for filing affidavit of service of writ of summons to 07.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv.Diya Sawala for plaintiff present.
Adv.Shrikant Rathi for defendant No.1 present.
On oral request of the plaintiff adjd for filing service affidavit on 14.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Vrushali agrawal for plaintiff present and orally requested for adjournment. Granted.
Matter adjd to 15/09/2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv.Anjali Gupta i/b.Raval Shah and Co. for plaintiff present.
Adv.Shrikant Rathi for deft.No.1 present.
Adv. for pltff. requested time to file service affidavit.
Matter adjd to 24.11.2022 for service affidavit in respect of deft.No.2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: None present for plaintiff.
Adv. Mr. Makrand Bakore for defendant No.1 present.
Read the roznama dated 27.10.21 since then the plaintiff failed to file service affidavit about service of suit summons to defendant No.2. As the plaintiff failed to comply with the requirement for filing service affidavit in respect of defendant No.2 adjourned for order in respect of defendant No.2.
Matter adj. to 24.02.2023 for order in respect of defendant No.2.
Judge
Later on at 11.35 a.m.
Adv. Riva Sawala for plaintiff present and filed service affidavit alongwith summons and acknowledgment card t.o.r. and marked Exh.5 colly.
ORDER BELOW EXHIBIT-1
Read the service affidavit Exh.5 and postal acknowledgment card Exhibit-d attached thereto. Suit summons is duly served on defendant No.2 on 26.06.2021. She failed to appear, hence, suit to proceed ex-parte against defendant No.2.
Matter already adj. to 24.02.2023, now it will be for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None present.
Matter adj. to 12-06-2023 for draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Adv. Purvi Divecha h/f Adv. Raval Shah for plaintiff present and prayed for adjournment
None for defendant
Matter is adjd.to 10-08-2023 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Adwet Hatangadi h/f Adv. Raval Shah for plaintiff present.
None for defendant
Matter is adjd.to 04-09-2023 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv. Purvi Divecha h/f Adv. Rval Shah for plaintiff present.
Adv. Shrikant Rathod for defendant no. 1 present.
Matter is adjd.to 18-10-2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv. Aayushi Malde h/f Adv. Raval Shah for plaintiff present and filed draft issue t.o.r.
Adv. Shrikant Rathi h/f Adv. Makarand Bokore for defendant present and received copy of draft issue.
Matter is adjd.to 12-12-2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Adv. Sanika Athalye for plaintiff present.
Adv. Shrikant Rathi for defendant no. 1 present
The plaintiffs have already tendered on record draft issues taken on record marked as Exh.6A
Adv. Shrikant Rathi for defendant no. 1 present and filed draft issues taken on record marked as Exh.6B
Matter is adjourned to 25-01-2024 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Adv. Kavita Singh for plaintiff present.
Adv. Makarnd Bakore for defendant present.
Exh. 7 Issues framed
Matter is adjourned for R/E of plaintiff to 14/03/2024.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Adv. Sanika Alhalye i/b. Raval Shah and company for plaintiff present.
Adv. Makarand Bakore for defendant no. 1 present.
At the request of advocate for plaintiff matter adjourned.
Matter is adjourned to 03-05-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Adv. Sanika Athalye Plaintiff No. 2 in person present and filed affidavit of examination in chief of plaintiff witness namely Govind @ Dinesh Prabhu Wanjale . It is taken on record and marked as Exh.8 Copy of same is furnished to the the Ld. Counsel for defendant no. 1. The plaintiff also filed various documents under compilation of documents. The said compilation of documents marked Exh. 9 other side to response whether it admits or denies the proof and admissibility of documents tendered by the plaintiff in evidence.
Adv. Shrikant Rathi for defendant present.
Matter is adjourned to 08-07-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE (C.R.NO.62)
Adv. Sanika Athalye i/b. Adv. Raval Shah & Co. for plaintiff present.
Adv. Shrikant Rathi h/f. Adv. Bakore for defendant No. 1 present.
Matter is adjourned to 09-09-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Business: Adv. Amitesh Satpute for plaintiff present.
Adv. Shrikant Rathi for defendant No.1 present and filed reply on the documents filed below list Exh.9. It is taken on record and marked as Exh.10.
Matter is adjourned to 20.11.2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: Vide Office Order No.273/2024, Dtd.14.11.2024 holiday was declared on 20.11.2024 on account of Maharashtra State Legislative Assembly Election, 2024. Hence, matter is adjourned to 24.12.2024
Next Purpose: HEARING
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: Adv. Sanika Athalye for plaintiff present.
None for defendant.
Matter is adjourned to 11-02-2025 for Hearing on admissibility of document.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Court is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Adv. Amitesh Satpute for plaintiff present.
Adv. Payal Datta for defendant no.1 present.
At the request of Ld. Counsel for plaintiff matter is adjourned to 18.06.2025 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: Adv. Sanika for plaintiff present.
Adv. Makrand Bakore for defendant no. 1 present.
Heard both sides on admissibility of documents.
Order
The advocate for the defendant has admitted some of the documents and he has denied some of the documents. After hearing both the sides, I exhibit the following documents :
Exh.11
Sr. No.1, page No.1, Annexure No.1 - Original death certificate of Mrs. Muktabai dtd.16.01.2006.
Exh.12
Sr. No.2, page No.2, Annexure No.2 - Original death certificate of Mr. Prabhu Wanjale dtd.24.09.1992.
Exh.13
Sr. No.3, page No.3, Annexure No.3 - Original election commission card bearing the name and address of my brother i.e. Plaintiff No. 1.
Exh.14
Sr. No.4, page No.4, Annexure No.4 - Original election commission card bearing Plaintiff No. 1 wife’s name i.e. Geeta Shankar Wanjale.
Exh.15 Colly.
Sr. No.5, page no.5 to 33, Annexure No.5 Colly. - Original electricity bills are some electricity bills from 1994 to 2013.
Exh.16
Sr. No.6, page No.34, Annexure No.6 - Xerox copy of driving license dtd.24.12.1997 of Plaintiff No. 1 showing the permanent address of the Plaintiff No. 1.
Exh.17
Sr. No.7, page No.35 to 40, Annexure No.7 - Copy of the Development Agreement dtd.13.10.2013.
Exh.18
Sr. No.8, page No.41 to 54, Annexure No.8 Colly. - Original electricity bills from 2017 along-with the original Statement of Electricity Bill starting from January 2020 – March 2024.
Exh.19 Colly.
Sr. No.9, page No.55 to 57, Annexure No.9 Colly. - Original rent receipts from 2014 till date.
Exh.20
Sr. No.11, page No.61 to 70, Annexure No.11 – Original letter along-with its annexure and the postal receipt.
Exh.21
Sr. No.12, page No.71, Annexure No.12 – Copy of the order dtd.25.02.2020.
Exh.22 Colly.
Sr. No.13, page No.72 to 79, Annexure No.13 – The photographs of the closed circuit camera installed on the entrance of the suit premises along-with 65-B certificate.
Matter is adjourned to 16.07.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: Adv. Abhishek Gandhi for plaintiff present.
Adv. Shrikant Rathi h/f. Adv. Makarand Bakore for defendant No. 1 present.
The advocate for the plaintiff filed application and sought time to file evidence of the plaintiff on next date. It is taken on record and marked as Exh. 23.
O- Allowed.
Matter is adjourned to 24-09-2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv. Abhishekh Gandhi for plaintiff present.
Adv. Shrikant Rathi for defendant No. 1 present.
The advocate for the defendant No. 1 has filed application for seeking time for cross-examination of the plaintiff. It is taken on record and marked as Exh.24.
Matter is adjourned to 05.12.2025 for cross-examination of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Adv.Manshi Thakkkar i/b Raval Shah and Co. for plaintiff present and filed adjournment application. It is taken on record and marked as Exh.25. O- heard advocate for the plaintiff, Adjournment granted on medical reasons.
Adv. Shrikant Rathi h/f Adv. Makarand Bakore for defendant no. 1 present.
Matter is adjourned to 16.01.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2026
Date: 16-01-2026
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Sanika Athalye i/b Raval Shah and Co. for plaintiff present.
Adv. Makarand Bakore for defendant no. 1 present.
Further cross-examination of PW-1, Mr. Govind @ Dinesh Prabhu Wanjale commenced and completed.
Advocate for plaintiff filed evidence close pursis. It is taken on record and marked as Exh.26.
Matter is adjourned to 06.03.2026 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Sanika Athalye i/b Raval Shah and Co. for plaintiff present.
Adv. Makrand Bakore for defendant no. 1 present and filed evidence close pursis. It is taken on record and marked as Exh.27. O- Filed.
Matter is adjourned to 20.03.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Rishabh Shah a/w Adv. Sanika Athalye i/b Raval Shah & Co. for plaintiff present.
Adv. Makarand Bakore for defendant no. 1 present.
Heard final arguments of advocate for plaintiff and defendant.
Advocate for defendant no. 1 filed written notes of arguments. It is taken on record and marked as Exh.28.
Matter is adjourned to 27.03.2026 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Adv. Sanika Athalye i/b. Raval Shah and co. for plaintiff present.
Adv. Shrikant Rathi i/b. Makrand Bakore for defendant no.1 present.
Exh.29-Judgment is pronounced in open Court.
Declared at 2.55pm
F.R.S.R. following Order is passed
ORDER
1.Suit is dismissed.
2.The parties to bear their own cost.
3.Decree be drawn up accordingly.
(S. S. Nagur) Judge, City Civil Court, Gr. Mumbai.
Nature Of Disposal: DISMISSED
Disposal Date: 27-03-2026