Mr. Mahesh Kanu Nadgonakar +1 moreVsMr. Rajendra Kanu Nadgaonkar +6 more

Date: 11-02-2019
Business: Adv. Arvind Taral for plaintiff present.
Exh.1 Plaint.
Exh.2 VP in plaint.
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint
Adv. Kokitkar filed VP at Exh.5 on behalf of defendant nos.1 to 5.
Advocate for plaintiff seeks time for filing affidavit of service of writ on summons on defendant nos.6 and 7.  O- Granted.
Adjourned for filing affidavit of service and WS of defendant nos.1 to 5 to 11.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2019

Date: 11-02-2019
Business: Adv. Arvind Taral for plaintiff present.
Exh.1 Plaint.
Exh.2 VP in plaint.
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint
Adv. Kokitkar filed VP at Exh.5 on behalf of defendant nos.1 to 5.
Advocate for plaintiff seeks time for filing affidavit of service of writ on summons on defendant nos.6 and 7.  O- Granted.
Adjourned for filing affidavit of service and WS of defendant nos.1 to 5 to 11.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Plaintiff present.
Adv. Mr. Vinayak Tare for Defendant nos. 1 to 5 present. (WS )
Matter is adjd. to 19.09.2019 for proof of service of writ of summons of Defendant nos. 6 and 7 or for passing dismissal order against the Plaintiff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Adv. Taral for the Plaintiff present.
Adv. Mr. Kokitkar for Defendant nos. 1 to 5 present. (WS )
Adv fpr the Plaintiff seeks extension of time to serve writ of summons to Defendant no. 7. Time is extended.
Matter is adjd. to 19.11.2019 for proof of service of writ of summons of Defendant nos. 6 and 7.
Next Purpose: SERVICE
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Adv. Arvind Taral for plaintiff,  he tendered affidavit of service. t.o.r
Adv. Ulka shinde for defendant No 1 to 5 is present
Adv. Sachin Kadam H/F Adv. Kapse for Def No 6 and 7 he seeks time for filing WS.  O granted
matter is adjourned for filing WS by def no 6 and 7  on 02/01/2020
Next Purpose: SERVICE
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Adv. Arvind Taral  for Plaintiff is present.
Adv. Kapse for defendant no. 6 is present. He seeks time for tendering WS. O granted subject to stipulation in CPC.
None for defendant no. 1 to 5.
Defendant no.7 duly served with writ of summons but failed to appear. Therefore Ex-Parte order is passed against defendant no.7.
Matter is adjd. for filing WS of defendant no.6 to 30/01/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-03-2020

Date: 31-03-2020
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
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
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: 06-10-2020

Date: 06-10-2020
Business: Court is on  leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. Amit Kapase for D/6 present and seeks to file written statement. However, it is time barred. Hence, it is not taken on record.
Adv. Taral for plaintiff present.
Matter is adjd. to 24/03/2021 for discovery and inspection.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Mr. Arvind Taral for the plaintiff.
Adv. Mr. Kapse for defendant No.6.
Matter is adjd. to 30/06/2021 for discovery and inspection.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Due to COVID-19 pandemic.
Matte is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv. Mr. Taral for the plaintiff present.
Adv. Mr. V. S. Kopikar for defendants No1. to 5 present.
Matter is adjd. to 23/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv. Arvind Taral for plaintiff present.
Adv. Sachin Kadam for defendant No.3 present.
Matter is adjd. to 26.10.2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Mr. Taral for plaintiff present.
Adv. Mr. Dhumal  for defendants No.1 to 5 present.
Adv. Mr. Kudalkar h/f Adv. Mr. Kapse for defendant No.6 present.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
Defendant No.6 has failed to file WS. Hence, the suit to proceed without WS against defendant No.6.
Matter is adjd. to14/12/2021 for tendering registered Ch/s/reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. for plaintiff present.
Time is extended for registration of C/S.
Matter is adjd. to 01/02/2022 for C/S.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 07.04.2022 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv. Taral for plaintiff present and seeks time.
Adv. Kopikar for defendant nos. 1 to 5 present.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Matter is adjd. to 10-06-2022 for Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv.Arvind Kadam for plaintiff present and file register Ch/s 1927/21.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Adv. Kudalkar for defendant no. 6 present.
Matter is adjd. to 21-07-2022 for Ch/s hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Adv. Arvind Taral for plaintiff present.
Adv. Amol Dhumal for deft. 1 to 5 present.
Adv Pathak H/f Adv Kandekar present for MHADA
Matter is adjd. to 28.09.2022 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Adv. Mr.Arvind Taral for plaintiff is present.
Adv.Mr.Reshmi Parab for defendant nos. 1 to 5 is present and filed reply overleaf on the Ch/s No.1927 of 2021.
Adv. Mr.Kapse for defendant no.6 is present.
Adv.Mr.Kandekar for defendant no.7 is present.
Matter is adjourned to 10.02.2023 for Ch/s Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. Arvind Taral for plaintiff present.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
Kb for Chamber Summons order
LO
Order on Chamber Summons No. 1927/2021 order
Read the Chamber Summons. Heard the advocates. No reply filed by other party. The plaintiff filed this Chamber Summons to bring on record the legal heirs of diseased deft.no. 1, Rajendra Kanu Nandgaonkar. He submitted that Deft.no. 1 died on 07.12.2020. and the advocate of defendant no. 1 provided death certificate on 18.08.2021. Thereon the plaintiff have filed this Chamber Summons to bring on record the legal heirs. Considering nature of Chamber Summons, it will just and proper to allowed the Chamber Summons and bring on record the legal heirs of Diseased deft.no. 1.
Order
1. Chamber Summons NO. 1927/21 is hereby allowed.
2. Plaintiff is directed to carry out amendment on or before next date. Copy of amended plaint be supplied to the other party.
3. Chamber Summons is disposed of accordingly.
Matter is adjourned to 15.03.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: (Incharge of C.R. No.09)
Plaintiff present.
Adv. Arvind Taral for plaintiff present and tendered Draft Ch/s  and alongwith affidavit in support of Ch/s. O-Leave is granted to register Ch/s. Copy of Draft Ch/s surve to defendant no. 1 to 5.
Adv.Vijay Kokitkar for defendant Nos. 1 to 5 is present.
Matter is adjourned to 13.04.2023 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv. Arvind Taral for plaintiff present and he filed registered Chamber Summons No.512/2023 alongwith affidavit in support.
Adv. Vijay Kokitkar for defendant Nos. 1 to 5 present.
Adv. Harshida Darji h/f Adv. Kandekar for Deft No. 7/MHADA present.
As Court is busy in dictating Judgment in Suit No. 1188/2022 and Order in Chamber Summons No. 43/2021 in Suit No. 2067/2014. Hence, Matter is adjourned to 06.07.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Mr. Arvind Taral for the plaintiff is present.
Adv. Mr. Dhumal for defendant Nos. 1 to 5 is present.
Adv. Ms. Kandekar for defendant No. 7 is present.
Matter is adjourned to 20.07.2023 for Ch/s Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Adv. Mr. Arvind Taral for the plaintiff is present.
Adv. Mr. Amit Kapse for defendant No.6/ State is present.
Adv. Ms. Harshita Darji h/f Adv. Kandekar for defendant No. 7/
MHADA is present.
It is submitted by ld. advocate for the plaintiff that defendant No. 5 is expired and Ch/s No. 512/2023 is taking out for deleting her name. However, her death certificate is not available and seeks time to file death certificate.
Matter is adjourned to 09.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Mr. Arvind Taral for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No. 7/
MHADA is present.
Adv. for the plaintiff filed the application for production of documents. TOR. It is marked at Exh. 07. O- Production allowed.
The following Order is passed on Ch/s No. 512/2023:
	Present chamber summons has been taken out on behalf of plaintiff for deleting name of defendant No. 5 who is died on 13.01.2023. It is submitted that plaintiff wants to delete name of defendant No. 5 because she was unmarried. Copy of her death certificate produced on record. Chamber summons is filed within limitation. Hence, needs to be allowed. In the result, I proceed to pass following Order:
ORDER
1.	Chamber Summons No. 512  of 2023 is made absolute.

2.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
3.	Chamber Summons No. 512 of 2023 stands disposed off.
Matter is adjourned to 22.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Mr. Arvind Taral for the plaintiff is present.
Adv. Mr. Reshmi Parab for defendant Nos. 1 to 5 is present.
Adv. Ms. Martina Sakpal for defendant No.6 /State is present.
Adv. for the plaintiff submitted that he has carried out amendment as per order dtd. 09.08.2023 and seeks time to supply amended copy of record and also to other side. Time is granted.
Matter is adjourned to 30.10.2023 for Compliance/draft issues.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv. Mr. Arvind Taral for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.7 is present.
Advocate for plaintiff seeks time to supply copy of amended plaint to defendant and place on record.
Matter is adjourned to 20.12.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: Adv. Mr. Arvind Taral for the plaintiff is present.
Adv. Mr. Krishna Yadav h/f Adv. Kapse for defendant No.6/State is present.
Adv. for the plaintiff submitted that defendant No. 4 is now expired and seeks time to take steps and to make compliance. Time is granted.
Matter is adjourned to 09.02.2024 for compliance/steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Court is on leave. Hence, board discharged matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Adv. Mr.Arvind Taral for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant/MHADA is present.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
Matter is adjourned to 03.05.2024 for Service of Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Adv. Mr.Arvind Taral for the plaintiff is present.
Adv. Mr. Vijay Kokitkar for defendant no.1 to 5 is present.
Adv. Mr.Amit Kapse for defendant no.6/State is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.7 /MHADA is present.
Advocate for the plaintiff tendered registered Ch/s No.862/2024 along with affidavit in support. t.o.r. Copy served to defendants.
Matter is adjourned to 20.06.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Mr.Arvind Taral for the plaintiff is present.
Adv. Mr.Dhumal for defendant No.1 to 5 is present.
Adv. Mr.Amit Kapse for defendant no.6/State is present.
Adv. Ms. Shweta h/f Adv. Kandekar for defendant No.7/MHADA is present.
Matter is adjourned to 23.08.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. Arvind Taral present for plaintiff.
Advocate Kokitkar for defendant no. 1 to 5 present.
Advocate Kapse for defendant no. 6/State present.
Advocate Shweta h/f. Advocate Kandekar for defendant no. 7/MHADA present.
Matter is adjourned for CS reply to 04/10/24.
Next Purpose: C/S REPLY
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: As P.O. has gone for training programme at Uttan,Thane. Hence,
board is discharged.  Matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: Adv.Arvind Taral present for plaintiff.
Adv.Amol Dhumal present for defendant Nos.1,2 and 5.  He filed reply on C/S No.862/2024 itself.
Adv.Darji present for defendant/MHADA No.7. She filed reply on C/S No.862/2024 itself.
Heard both the sides on C/S No.862/2024.
Keep Back for order.
Following order is passed on Ch/s. No.862/2024.
  Order
Perused the Chamber Summons and say.  Heard both sides.  The deft. No.4 is dead.  The suit is filed for relief of partition.   The cause of action survives after the death of Deft. No.4.   The plaintiff wants to delete the name of deft. No.4.   There is no delay in taking out Chamber Summons.  The Chamber Summons needs to be allowed.  The Chamber Summons No.862/2024 stands allowed.   The name of deft. no.4 be deleted.  Thus correction be made within 14 days.
Matter is adjourned to  27.01.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Plaintiff present.
Adv. Arvind Taral present for plaintiff.
Advocate Shridas for defendant no. 1 to 5 present.
Adv. Priyanka Gaonkar h/f Adv. Kapse for defendant no. 6/State present.
Adv. Harshita Darji h/f Adv. Kandekar for defendant no. 7/MHADA present.
Adv. for plaintiff seeks time to serve the copy of amended plaint to the defendants. O- Time granted as last chance.
Matter is adjourned for service to 28/03/25.
Next Purpose: SERVICE
Next Hearing Date: 28-03-2025

Date: 28-03-2025
Business: Adv. Arvind Taral present for plaintiff.
Advocate Shridas for defendant no. 1 present.
Adv. Farkanda Shaikh h/f Adv. Kapase present for defendant no. 6/State.
Adv. Harshita Darji h/f Adv. Kandekar for defendant no. 8/MHADA present.
None present for other defendants.
Adv. for defendant no 1 submitted that, he will take instructions from his senior as to whether wants to file WS on behalf of legal heirs of deft. no. 1. O- Time granted as last chance.
Matter is adjourned for WS/draft issues 08/05/25.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Adv. Arvind Taral present for plaintiff.
Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
Advocate Kokitkar for defendant no.  1 to 3 present.
Matter is adjourned to 16/7/25 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: Adv. R. P. Shinde present for plaintiff no. 1 and 2.
Advocate Kokitkar for defendant no. 1 to 3 present.
Advocate Kapse for defendant no. 6/State present.
Adv. Devyani Pawar h/f Adv. Kandekar present for defendant no. 8/MHADA.
Matter is adjourned to 02/09/25 WS. (Morning session)
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. Arvind Taral present for plaintiff.
Adv. Amol Dhumal h/f Adv. V. S. Kokitkar present for Defendant nos.1 to 3.
Matter is adjourned to 03.10.2025 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: As the Court is on leave.  Board is discharged and the matter stands adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: As the Court is on leave Board is discharged and the matter stands adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: plaintiff present.
Adv. Arvind Taral present for plaintiff.
Adv. Reshmi Parab filed vakalatnama for defendant no.1(a) to 1(c) and 2 tor marked as exh.8.
Adv present for defendants no.1 a to c filed additional WS tor marked at exh.9 and supplied copy to plaintiff.
Defendant no.2 in person present.
Matter is adjourned to 22.01.2026 for issues.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: Plaintiff present.
Adv. R. P. Shinde present for plaintiff.
Adv. Reshmi Parab for defendant nos.1(a) to 1(c) and 2 present.
Adv. Martina Sakpal for defendant no.6/State present.
Considering the relationship between the parties and the nature of the Suit. There is element of settlement hence, parties are directed to talk before the Mediator. Hence, send this matter for mediation.
Matter is adjourned to 27.02.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Adv. Arvind Taral present for plaintiff.
Adv. Kapse for defendant no.6/State present.
Awaiting report of Mediation, Matter is adjourned to 01.04.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjd.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-05-2026

Date: 04-05-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-06-2026

Date: 19-06-2026
Business: By Praecipe matter is taken on todays board.
Plaintiff Nos.1 and 2 along with their learned Advocate present. Defendant Nos.1(a) to 1(c) and defendant No.2 along with their learned Advocate present.
Defendant No.3 absent. Though matter is settled before the mediator and accordingly mediator has filed the report at Exhibit-10 along with concent terms at Exhibit-11 (The signature of defendant No.1(a) is obtained today on Exhibit-11 who has admitted the contents of Exhibit-11), at this stage the plaintiffs have filed withdrawal pursis vide Exhibit-12 intimating that they are withdrawing this suit unconditionally. Parties present before the court as above have signed the withdrawal pursis as well as Advocates have identified those parties to this suit. As the plaintiffs are unconditionally withdrawing this suit, today the presence of defendant No.3 as well as defendant Nos.6 and 7 is not necessary. Hence, following order is passed
1.Suit No.157/2019 is allowed to withdrawn and disposed of as withdrawn.
2.No order as to costs.
3.Court fees be refunded as per rules.
4.Proceeding of suit No.157/2019 is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-06-2026

CHAMBER SUMMONS/100512/2023
CHAMBER SUMMONS/100862/2024
CHAMBER SUMMONS/101927/2021

Registration Number: 100157/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 100753/2019
Filing Date: 17-01-2019
First Hearing Date: 11th February 2019
Decision Date: 19th June 2026
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE