Geeta Rohit JainVsGauvabai Shivappa Tungalkar (Tubachi) +1 more

Date: 08-02-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
As plff. is  absent, Matter is adjd. to. 18.04.2019 for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: By preicpe
Adv. for plff. present and has tendered registered N/M No.386/19 along with supporting affd. t.o.r
deft. and his adv. absent.
Adv. for plff. submits that the defts have refused the accept the service of N/M as well as writ of summons when attempted to be served by hand delivery and by RPAD. In view of this it is d directed that service be completed through court bailiff.
Re-issue writ of summons to the defts.
Matter is already adjd. to.30.03.2019 for report of service of writ of summons and N/M through court bailiff.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
Re-issue writ of summons to the defts.
On request of Adv. for plff. Matter is adjd. to. 11.06.2019 for report of service of writ of summons and N/M.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: As Court is busy in Judgement 4997/12. Hence Board is discharged.
Matter is adjd. to. 08/08/2019  for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: As court is vacant, hence board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. Bommer for plff present.
On oral request of advocate for plaintiff is permitted for extension for time to served writ of summons upon deft through court bailiff.
Adjd for Service 24.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None for plaintiff.
Time extended till next date for service of writ of summons.
Adjd to 23-03-2020  for  service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: SERVICE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv Bommer Limbadri for plff present.
Matter stands Adj for service to 19/01/2021.
Next Purpose: SERVICE
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: None present.
Matter stands Adj for service of N/M to 03.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2021

Date: 19-01-2021
Business: None present.
Matter stands Adj for service of N/M to 03.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None present.
Matter stands Adj for Service to 04/03/2021.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for plff.
Plff failed to file affidavit of service of writ of summons and NM on deft.  Hence last chance is granted to plff to file affidavit of service, in default dismissal as case is pending since 2019.
Matter stands Adj for Affidavit of Service to 17/04/2021.
LO 3.58 pm
Adv Bommer Limbadri for plff present.
Time be extended on writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-07-2021

Date: 17-04-2021
Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Due to covid-19 matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Plff and her Adv absent.  Inspite of sufficient opportunities, NM and writ of summons are not served on defts.
Matter stands Adj for Affidavit of Service as last chance to 04/10/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Bommer Limbadri for plaintiff present.
Defendant and his advocate absent.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for Affidavit of service to 25.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2021

Date: 04-10-2021
Business: Adv Bommer Limbadri for plaintiff present.
Defendant and his advocate absent.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for Affidavit of service to 25.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Naik for defendant No. 1 and 2 present.
Plaintiff and advocate absent.
Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
Adjd. 12/01/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022

Date: 25-11-2021
Business: Adv. Naik for defendant No. 1 and 2 present.
Plaintiff and advocate absent.
Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
Adjd. 12/01/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plff.  Plff failed to file affidavit of service of writ of summons on defts inspite of granting sufficient opportunities.
Hence matter stands Adj for Dismissal order to 16/04/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Adv Bommer Limbadri for plff present.
He seeks time to file affidavit of service.  Granted.  However case is already fixed for dismissal order.
In the interest of justice, at the request of Adv for plff, matter stands Adj for Dismissal Order to 14/06/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv. Bommer Limbadri for plaintiff present.
He seek time for filing affidavit of service. Time granted.
Matter is affidavit of service to 08/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Both parties and their advocate are absent.
Matter is adjd for affidavit of service to 05/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv.  Bommer Limbadri for plaintiff present.
He filed affidavit of service. TOR.
Defendant no. 1 and 2 are duly serve but absent.
N/m no. 386/2019 to proceed further without reply of defendants.
None for defendant.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 01/10/2022.
Next Purpose: HEARING
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 26/11/2022.
L. O.
Adv. Prakash Sutar appeared for defendant no1 and 2 present.
He filed V/p Exh 2. TOR.
Already adjd to 26/11/2022.
Next Purpose: HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022.
Next Purpose: HEARING
Next Hearing Date: 10-12-2022

Date: 25-11-2022
Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022.
Next Purpose: HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None  for plaintiff present.
Adv. Prakash Sutar for defendant present.
He seek time for hearing. Time granted.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 17/02/2023.
Next Purpose: HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None for plaintiff present.
Adv. Prakash Sutar for defendant present.
Last chance granted to plaintiff to work out n/m, on failure further order will be passed on next date.
Matter adjourned for hearing to 19/04/2023.
Next Purpose: HEARING
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Both parties and their advocate are absent.
Matter adjourned for hearing to 07/07/2023.
Next Purpose: HEARING
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Both parties and advocate absent.
Matter adjourned for  hearing on 27/07/2023.
Next Purpose: HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Both parties and advocate absent.
Matter adjourned for  hearing on 19.08.2023.
Next Purpose: HEARING
Next Hearing Date: 19-08-2023

Date: 27-07-2023
Business: Both parties and advocate absent.
Matter adjourned for  hearing on 19.08.2023.
Next Purpose: HEARING
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Prakash Sutar for defendant present.
Matter adjourned for hearing on 26.09.2023.
Next Purpose: HEARING
Next Hearing Date: 26-09-2023

Date: 19-08-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Prakash Sutar for defendant present.
Matter adjourned for hearing on 26.09.2023.
Next Purpose: HEARING
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Both parties and advocates are absent.
As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
Matter is adj. for hearing to 30/10/2023.
Next Purpose: HEARING
Next Hearing Date: 30-10-2023

Date: 26-09-2023
Business: Both parties and advocates are absent.
As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
Matter is adj. for hearing to 30/10/2023.
Next Purpose: HEARING
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Both parties and advocate absent.
Since long matter is posted for NM hearing. The record shows that, plaintiff is not interested to conduct the Notice of motion. Hence, notice of motion no. 386/2019 is dismissed for default.
Matter adjourned for Affidavit of service on 09.11.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Both parties and advocate absent.
Matter adjourned for Affidavit of service on 15.01.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: PO is on half day leave in First Session, hence board is discharged and matter is adjourned.
Matter adjourned for affidavit of service on 01.04.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Plaintiff and advocate absent.
Since long matter is posted for plaintiff evidence. Last chance granted to plaintiff to work out the matter.
Matter adjourned for Dismissal on 04.05.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Both parties and advocate absent.
Matter adjourned for Dismissal on 20.07.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: Both parties and advocate absent.
Matter is adjourned for Dismissal on 26.07.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: Both parties and advocate absent.
As per the order dated 01.04.2024, this matter is kept for dismissal order. Today also the plaintiff and his advocate are absent. Hence Suit no. 143 of 2019 is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 26-07-2024

NOTICE OF MOTION/100386/2019

Registration Number: 100143/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 100723/2019
Filing Date: 17-01-2019
First Hearing Date: 08th February 2019
Decision Date: 26th July 2024
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE