Suchita Pandurang Jaitapkar And OrsVsYeshwant Pandurang Jaitapkar - deceased - Legal heirs Nalini Yashwant Jaitapkar

Date: 08-02-2019
Business: Adv. P.S.Mishra for applicant present.
Original NM no.292/19 tendered by Adv for applicant t.o.r.
Deft and Adv absent.
Adj for NM service to 08.03.2019.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Adv. Mishra for applicant present.
Affidavit of service filed by applicant.
Notice is not properly served.
Therefore, applicant is directed to take steps for service of notice.
Adj for service to 23.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adv. Mishra for applicant present.
Adv for applicant requested to allow service of notice through Bailiff.
Allowed to serve notice of motion through Bailiff to other side.
Adj for service to 02.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: Applicant and advocate are absent.
Service report not filed.
Adjd for service to 05.08.19
Next Purpose: SERVICE
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. Mishra for applicant present.
Adv. For applicant sought time to file affidavit of service. Time is granted.
Adjd for service to 07/09/2019
Next Purpose: SERVICE
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: None present.
Affidavit of service is not filed.
Matter is adjd to 23/10/2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv. P.S. Mishra for applicant present.
He filed original NM with bailiff report t.o.r.
Adv. For applicant prayed that fresh notice be issued against the plaintiff.
Order -  Allowed through bailiff as prayed.
Adjourned to 29.11.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Adv. P.S. Mishra for applicant present.
Service report is awaited
Adjourned for service report to 9.01.2020
Next Purpose: SERVICE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Mishra for applicant.
He filed application for serving Notice of motion upon original plaintiffs by publication of notice in two Local News papers.
Bailiff report shows that notice of motion could not be served as plaintiffs were not found at the address given in cause title.
Therefore, notice of motion be served upon original plaintiffs by publication of the same in daily news papers as prayed on bearing charges by the applicant.
Accordingly, application is disposed off.
Adjourned for service report to 21.02.2020
Next Purpose: SERVICE
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv Mishra for applicant present.
He seeks time to file affidavit of service.  Granted.
Matter stands Adj for affidavit of service to 18/03/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv for plff absent.
Matter stands Adj for affidavit of service to 27/04/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv P. S. Mishra for plff present.
He filed affidavit of service of paper publications. t.o.r.
Matter stands Adj for appearance to 20/01/2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Adv B. S. Mishra for plff present.
Matter stands Adj for Appearance to 01/03/2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv V. S. Mishra for applicant present.
Heard Adv for the applicant. On 22/12/2020, applicant filed affidavit of service through paper publication on plffs.  Plffs failed to appear before the Court since the date of paper publication i.e. 16/03/2020.  Present NM is for restoration of MA 59/2017 which was discharging the Court Receiver from the case.  From the perusal of record it appear that suit was dismissed on 05/05/2017 and plaint was returned to the plff for filing before the proper forum subject to provisions of the Limitation Act, but Court Receiver appointed by Hon\''ble High Court was not discharged.  Considering the facts and situations, NM 292/2019 is allowed and made absolute in terms of prayer clause (a) and MA 59/2017 be restored to its original position. NM 292/2019 is disposed.  Applicant to serve afresh copy of MA 59/2017 on the plaintiff through Bailiff.
Matter stands Adj for Service of MA 59/2017 to 09/04/2021.
Nature Of Disposal: ALLOWED
Disposal Date: 01-03-2021

Main Case No: MISC APPLICATION/0100059/2017
Main Cnr: MHCC010068562017
Main Filing No: -

Filing Number: 100803/2019
Filing Date: 21-01-2019
First Hearing Date: 08th February 2019
Decision Date: 01st March 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE