Rajaram Doodhnath YadavVsSmt. Munaradevi w/o Panalal Yadav +1 more

Date: 13-03-2020

Date: 17-06-2020

Date: 12-08-2020

Date: 13-08-2020

Date: 17-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv Ms. Thakkar for plaintiff present and seeks extension in time to serve the defendants with writ of summons.
Time extended till next date.
Matter is adjd. for appearance of defendants to 07.04.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv.Smt. Pooja Adsul for plaintiff present and seeks time to file affidavit of service of writ of summons.
Adv. Shri. R. R. Sharma present for defendant No.1 and filed vakalatnama at Exh-2 on behalf of defendant No.1 t.o.r.
Matter adjourned for Written Statement of defendant No.1 and for filing affidavit of service to 08/06/2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: None present for plff.
Adv  Ms. Manisha Jaiswal h/f Adv Mr. R.R.Sharma for deft No.1 present and filed draft Notice of Motion of delay condonation along with affidavit in support. O- Leave to register is granted.
She also produced proposed WS of deft  No.1 which is kept on record and will be considered if the Notice of motion for delay condonation is allowed.
Matter is adjd. for NM reply of plff 04.08.2021.
Judge
L.O.at 11.45 a.m.
Adv Ms. Pooja Adsul for plff present and filed affidavit of service of writ of summons at Exh.3 and 4.
Already adjd .to 04.08.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: None present for the plff.
Adv Mr. Satya Das i/b Adv R.R. Shrama for deft No.1 present and filed registered NM No.1296/2021 along with affidavit in support.
As nobody is present for plff, matter is adjd. for NM reply to 22.10.2021.
 Judge
L.O.at 3.10 p.m.
Adv Mr. U.L. Shah for plff present and endorsed his no objection on NM No.1296/2021.
Adv. for the plff has no objection, N.M. No.1296/2021 is allowed and WS of deft No.1 is R & R.
WS of deft No.1 at Exh.3.
Affidavit of service filed by the plff shows that deft No.2 is served properly by RPAD.
Deft No.2 failed to appear despite proper service hence, suit to proceed Ex-parte against deft.No.2
Already adjd. for draft issues to 22.10.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv Mr. U.L.Shah for plff present and filed draft issues.
Adv MR. Surya Das i/b R.R.Sharma present for deft. and seeks time to file draft issues.
By consent, matter is adjd. for filing draft issues by deft and for framing of issues to 20.12.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv Mr. U.L. Shah present for plff.
None present for deft.
K.B. for issues.
L.O.
Court busy in hearing final argument in SU No.3943/09 and recording evidence in SU No.7411/2006 hence, for want of time, this matter is adjd. for issues to 26.04.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: None present for both parties.
Draft issues not tendered by both parties.
Court is busy in other matters hence, this matter is adjd. for draft issues to 19.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: None present for both sides.
Matter adjd to 03.10.2022 for draft issues.
Judge
LO at 11.30 pm
Adv.U.N.Shah for plaintiff present.
Matter adjd to 03.10.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv.Varun Sonawala h/f.Adv.Shah for plaintiff present.
None present for deft.
KB
LO at 11.55 am
Adv.Varun Sonawala h/f.Adv.Shah for plaintiff present.
Adv.R.R.Sharma for defendant No.1 present.
KB
LO at 01.20 pm
None present for both sides.
Matter adjd to 29.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Adv.U.L.Shah for plaintiff present.
None present for deft.
Matter adj. to 21.01.2023 for framing of issues.
Judge
LO at 01.20 pm
Manisha Jaiswar h/f.Adv.R.R. Sharma for deft.No.1 present.
Matter adj. to 21.01.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Adv.Pooja Adsul for plaintiff present.
None present for defendant.
KB
LO at 05.30 pm
(As Court is busy in hearing in urgent ad-interim relief and orders in special drive matters, hence, adjourned.)
Matter adj. to 16.03.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv.Pooja Adsul h/f.Adv.U.L. Shah for plaintiff present.
None present for defendant.
Heard Adv.for plaintiff on framing of issues. No submission of defendant.
Issues are framed at Exh.4.
Matter adjd to 26.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Pooja Adsul for plaintiff present.
None for defendant
Matter is adjd.to 25-08-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. U. L. Shah for plaintiff present.
Defendant no. 1 in person present.
Matter is adjd.to   18-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Pooja Arsud for plaintiff present and prayed for adjournment.
None for defendant
Matter is adjd.to 23-10-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: Adv. U.L.Shah for plaintiff present.
None for defendant
Adv. for plff. tender the affidavit in Chief and List of documents, taken on record and marked respectively as Exh.5 and 6 ( witness absent )
Matter is adjd.to  07-12 -2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Adv. U. L. Shah for plaintiff present.
None for defendant
The Ld. Counsel for  plaintiff would orally request for adjourning the matter since the plaintiff PW - 1 is unable to attend the Court today.
Matter is adjourned to 22-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Adv. U. L. Shah for plaintiff present.
Adv. Manisha Jaiswal h/f Adv. R. R. Sharma  for defendant no. 1 present.
Copies of the document under list of document Exh. 6 are furnished to the Ld. Counsel for  defendants.
Matter is adjourned to 22-02-2024 for say of the defendants as regards to admission and or denials of documents .
Next Purpose: FILING SAY
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Adv. Sanjay Khale h/f. Adv. U. L. Shah for plaintiff present.
Adv. Suryadas for defendant no. 1 present and tendered admission and denial on behalf of defendant no. 1  it is taken on record and marked as Exh.07.
Copy of the same furnish to other sides.
Defendant no. 1 present.
Matter is adjourned to  19-04-2024 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. U. L. Shah  for plaintiff present
Adv. Manisha Jaiswar for defendant no. 1 present and filed written submissions on Exh. 7. The copy is received by the plaintiff.
Matter is adjourned to 03-07-2024 for hearing on documents Exh. 6
Next Purpose: HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. U. L. Shah for plaintiff present.
Adv. R. R. Sharma a/w defendant No. 1 in person present.
Heard both the sides on admissibility of documents.
Matter is adjourned to 06-08-2024 for order on admissibility of documents.
Next Purpose: ORDER
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: CORAM - H.H.J. SHRI. R. S. ARADHYE -(C.R.NO.62)
None present.
Keep Back.
Later on at 1.24pm
Adv.Manisha D.Jaiswar h/f Adv.R.R.Sharma for defendant No.1 present.
Court is busy in hearing the other matter hence Matter is adjourned to 02/09/2024 for order on admissibility of documents.
Next Purpose: ORDER
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Adv. for plaintiff present.
None for defendant.
Today the matter is for order on admissibility of documents but Court is busy in hearing the argument in NM No. 2347/2024, so the order could not be passed.
Matter is adjourned to 03-10-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: Adv. Anoushka John i/b. Adv. Uday Shah for plaintiff present.
None for defendant.
Later on 11.20 am.
Adv. Manisha Jaiswal h/f. Adv. R. R. Sharma for defendant No. 1 present.
Order on admissibility of documents filed below list Exh.6
          PW-1 Kanhaiyalal Yadav (POA of original plaintiff) has filed his affidavit of examination in chief at Exh.5 and relied upon in all 24 documents. On behalf of defendant No.1 objection is taken for marking those documents as a exhibit number by contending that the executor of power of attorney means plaintiff Rajaram Yadav is now no more so power of attorney comes to an end. In so for as other document are concerned it is the contention of defendant No.1 that all are manipulated, forged and fabricated one, therefore not liable to be exhibited.
     I have gone through all the documents, out of which document at Sr. No.2, 8, 9 are the xerox copies whereas remaining documents are being original copy of power of attorney, original letter of agreement, carbon copy of the extract of the register of electoral roll, attested true copy of voter ID, original receipts issued by the association in favour of plaintiff, certified copy of the roznama of Court proceeding, original succession order, carbon copies of NC compliant made to police, copy of letters to Powai Police Station, carbon copy of FIR, original adhar card and electricity bills, original receipts of village namuna-9 issued by Talathi and original summons of Railway Mobile Court, Andheri. The above said all documents are I think admissible in evidence and liable to be marked as an exhibit numbers and it is thus exhibited as Exh.8 to 26 respectively.
Matter is adjourned to 20.12.2024 for cross-examination of PW.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: Adv. U. L. Shah a/w CA of plaintiff present.
Adv. Suryadas a/w defendant no.1 present.
Matter is adjourned to 24.01.2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: None for plaintiff.
Defendant in person present.
Later on at 11.23 am
Adv. U.L.Shah for plaintiff present.
PO of plaintiff present.
Adv. R. R.Sharma for defendant present and cross deferred till next date.
Matter is adjourned to 11.02.2025 for further cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: Adv. U. L. Shah a/w plaintiff present.
Defendant in person present.
Later on at 11.25 am,
Adv. Manisha Jaiswal for defendant no.1 present and filed adjournment application. It is taken on record and marked as Exh. 27
Hand written say given by Ld. advocate for plaintiff on Exh.27 on itself.
Order - Perused application and say filed by O.S. In view of reasons mentioned in the application short adjournment is granted.
Matter is adjourned to 04.04.2025 for  recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: Plaintiff in person present.
Defendant in person present and tendered adjournment application. It is taken on record and marked as Exh. 28.
k.b.
Later on 11.35 am.
Adv. U. L. Shah for plaintiff alongwith CA of plaintiff present and Say filed by the adv. for plaintiff on Exh. 28.
Adv for defendant no 1 filed adjournment application. O- Other side to say.
O-In view of order vide Exh-28 no cross order is passed against the defendants.
Matter is adjourned for further evidence of plaintiff to 17/06/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Adv. U. L. Shah for plaintiff present
Adv. R. R. Sharma for defendant no. 1 present and tendered two registered draft NM alongwith affidavits in support (for set aside).
O- Leave to register two draft NM is granted.
Matter is adjourned to 12.08.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adv. U.L. Shah for plaintiff present.
Adv. R. R. Sharma for defendant no.1 present and tendered registered NM no.3199/2025 alongwith affidavit in support.
He also tendered another tendered registered NM No. 3200/2025 alongwith affidavit in support.
Order in NM No. 3199/2025
The defendant no.1 has filed his notice of motion to set aside “NO cross order” passed against him on 04.04.2025. The advocate for defendant no.1 states that he was held up before the Hon’ble Bombay High Court  on 04.042025. He could not appear in this court and take the cross-examination of the plaintiff on that day. He states that if he is not allowed to take the cross-examination of the plaintiff, he will not be able to defend his case. He states that the matter will not be decided on merits. He states that if the “No cross order” is set aside, no loss will be caused to the plaintiff.
I am of the view that the def. no.1 should be allowed to conduct the cross-examination of the plaintiff in the interest of justice. If appropriate costs are imposed upon the def. no.1 it will meet the ends of justice. So, I pass the following order :
Order
    6. The NM no.3199/2025 is hereby allowed.
    7. The “No cross order” passed against defendant no.1 on 04.04.2025 is hereby set aside subject to the payment of costs of Rs.1000/- only to the plaintiff before next date.
    8. The suit to proceed accordingly.
    9. The NM is disposed of.
Matter is adjourned to 07.10.2025 for hearing on NM no.3200/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. U. L. Shah for plaintiff present and tendered affidavit in reply in NM No. 3200/2025. It is taken on record and marked as Exh.29. Copy of the same furnished to other side.
Adv. R. R. Sharma for defendant No. 1 present.
Matter is adjourned to 23.01.2026 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2026

Date: 23-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. U. L. Shah for plaintiff present.
Adv. R. R. Sharma for defendant no. 1 present.
Matter is adjourned to 18.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. U. L. Shah for plaintiff present.
Adv. Prateek Kharwar i/b Adv. R. R. Sharma for defendant no. 1 present.
Ld. advocate for defendant No. 1 seek time to argue on NM.
Matter is adjourned to 13.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.05 pm
Adv. U. L. Shah for plaintiff present.
Adv. Prateek Kharwar i/b Adv. R. R. Sharma for defendant no.1 filed application seeking permission to tender affidavit in rejoinder in NM No. 3200/2025 alongwith rejoinder. It is taken on record and marked as Exh.30. O- Other side to say.
Matter is adjourned to 07.07.2026 for NM Hearing at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2026

Date: 18-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Not on board taken on board by preceipe. Exh.31.
Adv. Pooja Arsud for plaintiff present and filed precipee application. It is taken on record and marked as Exh.31.
Advocate for plaintiff filed  tendered draft chamber summons alongwith affidavit in support. O- Leave is granted to register Chamber Summons.
The plaintiff is directed to file the registered CS on regular date failing which it will be disposed of.
Matter is already adjourned to 07-07-2026 for Affidavit of service of CS at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: P.O. IS ON LEAVE.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff present.
Adv. Prateek Kharwar i/b Adv. R. R. Sharma alongwith defendant No. 1 present and  tendered draft chamber summons alongwith affidavit in support. O- Put up for argument.
Advocate for plaintiff is directed to tender registered CS No. 1365/2026.
Matter is adjourned to 23.09.2026 for tendering registered CS and argument on draft CS.
Later on at 03.10 pm
Adv. U. L. Shah for plaintiff present and tendered registered Chamber Summons No. 1365/2026.
Advocate for plaintiff filed affidavit of service in CS No. 1365/2026. It is taken on record and marked as Exh.32.
Matter is adjourned to 23.09.2026 for tendering registered CS and argument on draft CS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-09-2026

Date: 23-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. U. L. Shah for applicant in CS No. 1365/2026 present.
Adv. R. R. Sharma for defendant No. 1 present and filed affidavit in reply in CS No. 1365/2026. It is taken on record and marked
as Exh.33.
Heard advocate for defendant No. 1 and plaintiff on CS No. 1365/2026.
Order passed in CS No. 1365/2026
1. Present Chamber Summons is filed by the legal heir of plaintiff for bringing legal heir on record. As per affidavit filed in support of Chamber Summons the plaintiff expired on 05/05/2026. The applicant was constituted attorney and son of original plaintiff. There are no other legal heirs and representatives of deceased plaintiff. Hence he has prayed for amendment as per schedule.
2. As per reply filed by defendant No. 1 below Exh.33 the Chamber Summons is filed within limitation. Defendant No. 1 has denied other contentions of the applicant.
3. Heard both the side. Perused copy of death certificate attached with the Chamber Summons. Sole plaintiff expired on 05/05/2026. Present Chamber Summons is filed on 18/06/2026 i.e. within limitation. As per contention of the applicant he is son of deceased sole plaintiff and there are no other legal heirs/representatives of deceased plaintiff. Considering the same the Chamber Summons deserves to be allowed. Hence I pass following orders.
ORDER
1. Chamber Summons No. 1365/2026 is allowed.
2. The applicant is allowed to continue with the suit by carrying out amendment as mentioned in the schedule, within 14 days from the date of this order.
3. The applicant shall file amended plaint and supply copy to the defendants.
4. Chamber Summons No. 1365/2026 is disposed of accordingly.
Ld. advocate for both parties submitted that settlement talks are going on. Hence by consent date is fixed 13/10/2026.
Matter is adjourned to 13.10.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2026

NOTICE OF MOTION/103200/2025
CHAMBER SUMMONS/101365/2026
NOTICE OF MOTION/103199/2025
NOTICE OF MOTION/101296/2021

Registration Number: 100876/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 101053/2020
Filing Date: 22-01-2020
First Hearing Date: 13th March 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE