Jatashankar R. PathakVsUpendra Phoolchand Pathak and Ors.

Date: 21-01-2020
Business: Plaintiff and defendant present.
Adv. V. P. Shukla for plaintiff present and filed original NM no.   265/19 along with affidavit.
Adv. Shreshtha for defendant present.
Heard both sides. Ld. counsel for plaintiff submitted that the defendant have disobeyed the orders passed by this court and have continued the construction work. They have no regard for the law and orders passed by this court. Hence, this constrained to press for orders as per prayer clause (d). he submitted that A CC may be appointed at the cost of plaintiff to visit the spot and to bring factual aspect on record of the court.
Ld. counsel for defendant submitted that the submissions are not correct. In fact the parties are in the process of compromise talk and the defendants are ready to settle the matter. Both the parties are agreed to settle the matter at Rs. 12,00,000/- to be paid to the plaintiff by the defendants.
Today the defendants have brought two demand drafts in the name of the plaintiff bearing no. 081696 and 081697 dated 21.01.2020 drawn on Union Bank of India, Ghatkoper (W), Mumbai branch, towards part payment and defendants are ready to settle the matter if more time is given to them to pay the rest of the amount.
Ld. Counsel for plaintiff submitted that at least defendants to deposit 50 percent of agreed amount at the time consent terms. After hearing both sides, it is agreed that the defendant shall pay the agreed amount to the plaintiff as per joint pursis after due understanding.
Joint pursis along with copies of Demand drafts filed by the parties and their counsels. It is taken on record.
As per joint pursis parties have agreed that the defendant will pay 2nd installment of Rs. 2,00,000/- on or before 29.02.2020 as the third installment on or before 29th March by way of DD.
Parties have also agreed that defendant no. 2 to 6 will pay 50 percent of the balance amount as per agreed terms to the plaintiff by 15.07.2020.
In view of the above understanding, the DD no.081696 and 081697 dated 21.01.2020 are handed over to the plaintiff as part payment of terms of settlement.
Ld. counsel for plaintiff made a statement that plaintiff will not make any complaint to the BMC against defendants.
Matter stands Adj for compliance to 29.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: The court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Plaintiff present.
Adv. V. P. Shukla for plaintiff present.
Defendant no. 2 present in person and tendered two cheques worth Rs. 2,00,000/- 1)Cosmos Bank bearing no. 251427 dated 29.02.2020 2)Union Bank bearing no. 081819 dated 28.02.2020. in favour of plaintiff. The above cheques are handed over to plaintiff and  Photocopies of cheques kept on record.
Matter stands Adj for compliance/order to 07.04.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Adv. Yadav for plaintiff present.
None present for defendant.
Matter stands Adj for compliance to 20.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: None present.
The case is adjourned to 02.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Plaintiff present.
Advocate B.P.Shukla for plaintiff present.
None for defendant.
The case is adjourned to 30.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 16.06.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Matter called out at 05.00 p.m.
None present for plaintiff.
Adv. Sadika Naik for Deft. No. 1 to 6 present. She informed that matter is settled with the plaintiff. Out of settlement Rs.4,00,000/- are already paid and remaining amount of Rs.8,00,000/- is payable within 2 months. Hence, matter stands adjourned to 15.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Plaintiff in person present.
Adv. Anushka Shreshta for Deft. No.2 to 6 present.
As court is busy in recording evidence in SU No.3271/13 and SU
No.380/13. Therefore, matter stands adjourned to 01.02.2022 for
compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Court is on Leave, Hence Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Matter mentioned at 3.59 p.m.
Son of plaintiff in person present.
Adv. Sadika Naik for defendants present.
Compliance not done.
Defendant till date not paid remaining amount. Hence, matter stands adjourned to 10.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. B. P. Shukla for plaintiff present. He tendered reg. CS No.544/2022. TOR.
Deft. no.2 in person present. He submitted that he will pay the remaining amount as per settlement within 3 month and seeking time to file reply on CS No.544/2022 on next date. Time granted.
Matter stands adjourned to 17.08.2022 for reply/CS hearing.
Next Purpose: REPLY
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. B. P. Shukla for applicant present.
Adv. Anushka Shrestha for Deft.  no.2 to 6 present. She tendered reply to CS No.544/2022. TOR.
She also tendered draft CS.
O-Leave granted to register.
Draft CS handed over to the Deft. No.2 to 6 for registration.
Matter stands adjourned to 16.09.2022 for CS reply.
Next Purpose: REPLY
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Yadav for applicant in CS No.544/2022 present.
Adv. Anushka Shreshtha for Deft. no.2 to 6 present. She tendered reg. CS No.1375/2022 a/w VP. TOR.
Heard Advocates for LRs of plaintiff and defendants on CS No.544/2022.
It is contended that the original plaintiff i.e. Jatashankar Pathak has died. The proposed LRs are claiming themselves as the only LRs of the deceased. The Advocate of defendant pointed out that proposed LR, Manju is the second wife. Her children are also made applicant to the CS who are not entitled. It is not disputed that the children of first wife are also applicant in CS a/w second wife and her children. The issue of entitlement of second wife and children may be decided at final. In case of any dispute among the LRs of plaintiff, the defendant have no concern.
Thus, I pass the following order.
1. CS No.544/2022 is allowed.
2. LRs of plaintiff to carry out necessary amendments within a period of 14 days from the date of order.
3. CS No. 544/2022 disposed of accordingly.
Matter stands adjourned to 15.10.2022 for CS reply/compliance.
Next Purpose: REPLY
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Yadav h/f Mishra for plaintiff is present and filed reply to Ch/S No. 1375/22. TOR Copy served to defendant.
Adv. Anushka Sethna for defendant is present.
Matter stands adjourned for Ch/S hearing to 09/12/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Sunita Dubey for plaintiff present.  She is seeking time. Time granted.
Adv. Anuskha Sethna for defendant and proposed defendant present.
Heard advocate for defendant and proposed defendant.
Matter stands adjourned to 04.02.2023 for CS argument by plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. J. S. Yadav for plaintiff present.
Defendant No.2 in person present.
Matter stands adjourned on 14.03.2023 for CS arguments P.H.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Sadika Naik for proposed defendant in CS present.
Heard the advocate of proposed defendant in CS.
Matter stands adjourned on 25.04.2023 for CS P.H.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Plaintiff a/w Adv. Sunita Dubey for present.
Defendant a/w Adv. Sadika Naik for present. She tendered application for depositing the amount of Rs.1,25,000/-. TOR. Exh-45. O-allowed to deposit.
PLA department to accept the DD of Rs. 1,25,000/-.
Matter stands adjourned on 19.07.2023 CS arguments P.H.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Court is on Leave.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Adv N.B. Shukla for Plaintiff present.
Adv for defendant present and seeking time to NM hearing. Time granted.
As per the convenience of the defendant
Matter stands adjourned on 08-09-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: As court is on leave, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Advocate B. P. Shukla for Plaintiff present.
None for defendant present.
Exhibit 44 indicates that the matter was settled between plaintiff and defendant no. 2 to 6 on the terms and conditions mentioned therein. The Learned Advocate for plaintiff informed the court that only the plaintiff has received 4 Lakhs Rupees and 8 Lakhs Rupees are remaining to receive. He is seeking certain direction to the defendants to pay the remaining amount. He further informed the court that the Ch/s is filed by applicant who are not at all connected with the suit as their mother is already made as a party as a defendant no.7. It appears that the suit is pending since 2014 and the matter is settled between the parties. The applicant is directed to argue on the Ch/s on next date without fail otherwise the Ch/s will be dismissed.
Matter stands adjourned on 01-03-2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. B. P. Shukla for Plaintiff present.
Adv. Pranali Gavandi for defendant present.
Exh.46 Application filed by defendant for permission for depositing the D.D. No. 121044 worth Rs. 1,00,000/- as per the consent terms. Taken On Record. O - other side to say.
Say filed by plaintiff.
Order below Exh.46 -
The plaintiff has submitted that he has received Rs. 4,00,000/- till today only. The record indicates that on 25.04.2023 the defendant has deposited Rs. 1,25,000/- through D.D. in the Court and today also he wants deposit Rs. 1,00,000/-. The Ld. Adv for plaintiff informed the court that he has not withdrawn earlier amount of Rs. 1,25,000/- deposited by defendant in the Court. Considering the submission of both the sides, following order is passed.
Order -
1. The application Exh. 46 is hereby allowed.
2. The defendant is permitted to deposit D.D. No. 121044 worth Rs. 1,00,000/- dtd. 01.03.2024.
3. PLA Department to accept D.D. No. 121044 worth Rs. 1,00,000/- dtd. 01.03.2024 ATH.
4. The plaintiff is at liberty to withdraw Rs. 1,00,000/-.
5. Call the report from the concern Department in respect of Rs. 1,25,000/- deposited by the defendant through D.D. No. 121024.
The defendant submits that he will pay remaining amount of Rs. 5,75,000/- to the plaintiff till 30th  June  2024.
By consent matter stands adjourned on 01-07-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Adv. Sunita Dubey for Plaintiff present.
Adv. Sandip Mishra for defendant present.
Matter stands adjourned on 15-07-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv. Sunita Dubey for Plaintiff present and seeking time.
Adv. S. Mishra for defendant present and filed application for permission of depositing amount of Rs. 1,00,000/- by the defendant before as per consent terms. t.o.r. and marked as Exh.48.
Adv. for Plaintiff received amount of Rs. 1,00,000/- by Demand Draft No. 126104 dtd. 01.07.2024.
Matter stands adjourned on 04-09-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. P. B. Shukla for Plaintiff present.
Adv. Sandeep Mishra for defendant present.
The defendant is directed to pay the remaining amount to the plaintiff and the plaintiff will hand over the key to the defendant without fail. If the plaintiff will fail to pay the aforesaid amount to the plaintiff on 02.12.2024, the remaining amount will carry interest at the rate of 6 percent per annum.
Adv. for plaintiff filed application for getting the amount of interest of Rs. 4,553/- as per the deposit certificate issued by the PLA section. Exh.50.   O - Considering the submission and certificate, PLA section is directed to pay the amount of interest of Rs. 4553/- to the plaintiff after due verification. Application is allowed accordingly.
Matter stands adjourned on 02-12-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. P. B. Shukla for Plaintiff present.
Defendant No.2 in person is present.
Application filed by defendants for permission to deposit amount of Rs. 1,00,000/- to D.D. No. 126149. t.o.r. and marked as Exh.51.
Order below Exh.51
Perused the application the defendants have already paid Rs. 7,25,000/- to the plaintiff. Today the defendants are deposit Rs. 1,00,000/- by pay order / D.D. No. 126149 in favour of Registrar, City Civil Court.  Today the Ld. adv for the plaintiff submitted that directions be given to the  defendant to issue pay order/DD in favour of the plaintiff only and not in favour of Registrar as delay is caused if the amount is deposited in the Court. He has also submitted that the plaintiff be allowed to withdraw the afore said amount. Considering this peculiar facts and circumstances, following order is passed
ORDER
1. The Defendants are directed to deposit the aforesaid D.D. to Registrar, City Civil Court.
2. Registrar City Civil Court to accept the D.D.
3. After depositing the said amount, the plaintiff is at liberty to withdraw the same.
4. The concerned Department/ PLA section is directed to give the aforesaid amount to plaintiff after due identification/verification.
5. The defendants are directed to issue /draw pay order /D.D. in the name of plaintiff only for balance payment.
6. Accordingly application is allowed.
Authenticated copy be given.
Matter stands adjourned on 04-03-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Sunita Dube h/f Adv. B. P. Shukla alongwith Plaintiff present.
None for defendant present.
The Learned Advocate for the plaintiff has pointed out of the typographical error in the order passed by this Court on 04.09.2024. In the said order “ if the plaintiff will fail to pay ----” is mentioned instead of “ if the defendant will fail to pay----”. Therefore she is seeking modification in that order.
Considering the submission and after perusal of the order it appears that there was inadvertent typographical error as aforesaid which can be corrected as follows.
The defendant is directed to pay the remaining amount to the plaintiff and the plaintiff will hand over the key to the defendant without fail. If the “defendant” will fail to pay the aforesaid amount to the plaintiff on 02.12.2024, the remaining amount will carry interest at the rate of 6 % per annum.
Matter stands adjourned on 25-04-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate Sunita Dubey alongwith Plaintiff present.
Defendant is in person present and seeking time. O - time granted.
Matter stands adjourned on 28-04-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: P.O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate Sunita Dubey alongwith Plaintiff present
Defendant No. 2 is present and and filed application for permission of depositing amount of Rs. 50,000/- alongwith cheque No. 562939 (IDBI Bank) by the defendant before this Hon'ble as per consent terms. t.o.r. and marked as Exh.52.  O - Allowed.
cheque No. 562939  worth Rs. 50,000/- received by plaintiff.
Matter stands adjourned on 05-07-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advcoate N.B. Shukla for Plaintiff present.
None for defendants No.2 to 7 present. They failed to argue on Chamber Summons No.1375/2022 hence kept for necessary order passed on next date.
Ld. Advocate for the Plaintiff submits that defendant No.2 to 7 are served with Notice of Motion No.265/2020. However they failed to file reply hence Notice of Motion is proceeded without their reply. It is further submission of Ld. Advocate for the plaintiff that defendant No.2 to 6 have to pay amount as per pursis Exhibit-44. Record shows that some amount is deposited. However considering pursis this is not the proper proceeding in which an agreement vide pursis shall be executed. Therefore plaintiff to move proper application for that purpose. Ld. Advocate for the plaintiff seeks time to lead evidence in support of Notice of Motion. Time is granted till next date. Moreover considering Written Statement on record both parties to file draft issues.
Matter stands adjourned to 15.09.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate  for defendant No. 2 present.
Matter stands adjourned to 24-02-2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Sunita Dubey h/f Advocate Shukla for Plaintiff present.
Advocate Madhura Mule  for defendant No. 2 present and filed V/P. Marked at Exh.53. By consent they have sought adjournment for compliance of settlement terms below Exh.44. They have submitted that they will file consent terms.
Matter stands adjourned for settlement to 16-03-2026.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Sunita Dubey h/f Advocate Shukla for Plaintiff present.
Advocate Swadesh Tripathi for defendant No. 2 present and seeking time to file consent terms. Last chance is granted.
Matter stands adjourned for settlement to 06-05-2026.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Sunita Dubey for Plaintiff present.
Defendant in person present.
Matter stands adjourned for settlement to 07-05-2026.
Later on at 5.15 PM. Advocate Madhura Muley for defendant Nos. 2
to 7 present.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-05-2026

Date: 07-05-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate  a/w Plaintiff present.
Defendant in person present.
Matter stands adjourned for settlement to 22-06-2026.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Defendant No.1 in person present.
Matter stands adjourned for settlement to 11-08-2026
Next Purpose: SETTLEMENT
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for plaintiff present.
Defendant No.1 in person present.
Advocate Madhura Mule for defendant present and seeking time.
Matter stands adjourned for settlement to 09-10-2026
Next Purpose: SETTLEMENT
Next Hearing Date: 09-10-2026

Main Case No: SUIT/0102977/2014
Main Cnr: MHCC010111492014
Main Filing No: 111447

Filing Number: 100701/2020
Filing Date: 16-01-2020
First Hearing Date: 21st January 2020
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE