Date: 24-02-2020
Business: Advocate Narendra Nakashe for Plaintiff present and filed original summons showing that summons is served upon all Defendants except Defendant no.7, t.o.r. Issue fresh summons against Defendant no.7.
None present for Defendants.
Case is adjourned to 19/06/2020 for filing affidavit of service of writ of summons against Defendant no.7.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: SERVICE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Plff present.Adv Mr. Narendra Nakashe for Plaintiff present.
None present for Defendant/s.
On request of advocate for Plaintiff, matter is adjd.for filing affidavit of service of writ of summons to 23.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv Mr. Nawaz Haindaday h/f Adv Arshad Haindaday for plff present and submitted that writ of summons by RPAD is sent by the department to deft No.7. Report is still awaiting.
Matter is adjd. for awaiting report to 09.06.2021.
Judge
L.O.
Plff No.2 present in person and started shouting in the Court by submitting that his advocate is not appearing in the Court and the Court is giving longer dates. He is requested not to raise shouts. Considering his age to be more than 80 years, on his request, shorter date is given with direction to him to remain present on next date in time with his ld. Advocate.
Adjd. for awaiting report and filing affidavit of service to 02.03.2021 at 12.00 noon.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff present. Advocate for plff absent.
Plaintiff has filed affidavit of service of writ of summons. t.o.r. It is marked as exh.2
It is mentioned in the affidavit that the packet is returned with remark unclaimed returned to sender. The postal envelope produced with affidavit of service does not support the said statement as tick mark is on Left without instructions.
When inquire about it, plaintiff seeks short adjournment by submitting that his advocate will make submission about it, but his advocate is not able to come to Court today.
On request of the plaintiff, matter adjd for hearing on 3.04.2021 at 12.00p.m.
Next Purpose: HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv Ms.Aditi Dave h/f Adv. Harshad Haindaday for the plff present and gave oral undertaking that vakalatnama on behalf of plff will be filed on the next date. She seeks adjournment to make submissions as per the order passed on previous date.
On request of adv. for the plff, matter is adjd. to 22.04.2021 at 12.30 p.m.
Next Purpose: HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation
Next Purpose: HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 07.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv.Aditi Dave present and filed vakalatnama on behalf of plaintiffs t.o.r. It is marked at Exh.3.
None present for defendant.
Adv. of plaintiff filed application for service of writ of summons on defendant No.7, Exh.4 t.o.r.
O-Allowed to serve writ of summons to defendant no.7 through bailiff.
Matter adjd to 26.08.2021 for plaintiff\''s service affidavit in respect of deft.No.7.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Aditi Dave for plaintiff present.
None present for defendant.
The plaintiff tendered original writ of summons, Exh.5 t.o.r.
Matter adjd to 31.08.2021 for service affidavit regarding deft.No.7.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.18 pm
Adv.Aditi Dave for plaintiff present.
Matter adjd to 24.09.2021 for filing service affidavit regarding deft.No.7.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Adition Dave for plaintiff present.
None present for defendant.
Report awaiting in respect of defendant No.7. Adjd for filing service affidavit of defendant No.7 on 20.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv.Aditi Dave for plaintiff present.
None present for defendant
On oral request of the plaintiff adjd for filing service affidavit.
Matter adjd to 08.11.2021 for affidavit of service.
Judge
LO at 11.58 pm,
Adv.Aditi Dave for plaintiff present.
The plaintiff filed affidavit of service of defendant No.7, Exh.6 t.o.r. The original summons of the same is at Exh.5.
Matter adjd to 08.11.2021 for steps against deft.No.7.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv.Aditi Dave for plaintiff present.
None present for defendant.
Plaintiff submitted application, Exh.7 for service of suit of summons on defendant No.7 by pasting t.o.r.
O-Heard the Ld.Adv.for the plaintiff. Read the service affidavit, Exh.2 and Exh.6. Read bailiff report dated 25.08.2021 at Exh.5. Service by post is returned with endorsement \''left\''. Summons through bailiff is returned as \''unserved\'' as premises was found as locked. Summons cannot be served in ordinary course. Hence, allowed to serve the defendant No.7 by pasting. The plaintiff to comply accordingly.
Matter adjd to 07.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv.Aditi Dave for plaintiff present.
None present for defendant.
KB for filing application.
LO at 03.12 pm,
Adv.Aditi Dave for plaintiff present. She filed application for extension of time for service of suit summons by pasting, Exh.8 t.o.r.
O-Time is extended for service of suit summons.
Matter adjd to 11.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Aditi Dave for plaintiff present.
Adv.Sanika Gharat a/w. Adv.Vinayak Shukla for defendant No.1 and 10 present.
The plaintiff filed affidavit of service of summons on defendant No.7 t.o.r. and marked as Exh.9.
Suit summons is served on defendant No.7 by pasting in view of order dated 08.11.2021.
Adv.Sanika Gharat filed vakalatnama, Exh.10 for defendant No.1 t.o.r.
Adv.Sanika Gharat filed vakalatnama, Exh.11 for defendant No.10 t.o.r.
Adv.for defendant No.1 filed draft notice of motion a/w.affidavit in support for condonation of delay t.o.r. O-Leave granted to register draft notice of motion.
Adv.for defendant No.10 filed draft notice of motion a/w.affidavit in support for condonation of delay t.o.r. O-Leave granted to register draft notice of motion.
Adv.of deft. No.1 and 10 undertakes to serve copy of NM a/w. affidavit to the plaintiff.
Matter adjd to 04.02.2022 for affidavit of service in NM\''s by the deft. No.1 and 10, order against deft.No.7.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Nipa Shah i/b Adv. Aditi Dave present for plaintiffs.
None present for defendant.
Registered NM Nos. 350/2022 and 351/2022 are not yet tendered by the advocate of the defendant.
On oral request of the ld. advocate for the plaintiff, matter adjd to 25/02/2022 for filing reply to NM Nos. 350/2022 and 351/2022.
L.O. at 12.10 p.m.
Adv. Mr. Vinayak Shukla for the defendant Nos. 1 and 10 present.
Advocate for the defendant Nos.1 and 10 tendered registered N/M No.350/2022 along with affidavit in support. t.o.r.
Advocate for the defendant Nos.1 and 10 tendered registered N/M No.351/2022 along with affidavit in support. t.o.r.
Matter is already adjd to 25/02/2022 for filing reply to NM Nos. 350/2022 and 351/2022.
Next Purpose: REPLY
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Comm. SU No.534/21@ NM 351/22 NM 350/22
Adv.Vinayak Shukla for defendant No.1 and 10 present.
Adv.Nawaz Haindaday a/w. Adv.Nipa Shah present and filed vakalatnama on behalf of plaintiff t.o.r. and marked as Exh.12 t.o.r.
Defendant No.1 tendered service affidavit in NM No.350/2022 it is t.o.r. and marked as Exh.13.
Defendant No.10 tendered service affidavit in NM No.351/2022 it is t.o.r. and marked as Exh.14.
KB till 02.45 pm
LO at 02.45 pm,
Adv.Nipa Shah for plaintiff present.
Adv.Sanika a/w. Adv.Vinayak Shukla for defendant No.1 and 10 present.
The plaintiff filed handwritten reply in NM No.350/2022 and NM No.351/2022.
Heard both the sides on NM No.350/2022 and NM No.351/2022.
The Ld.Adv.for the defendant submits that the defendant will file separate notice of motion raising objection of Section 12A and the notice of motion No.350/22 and NMNo.351/22 shall be considered for delay only. Liberty is granted to the defendant to file separate notice of motion for objection of Section 12A.
F.R.S.R. FOLLOWING ORDER IS PASSED
ORDER ON NM NO.350/2022
1. Notice of Motion No.350 of 2022 is allowed.
2. Delay in filing written statement by defendant No.1 is condoned.
3. Costs of this Notice of Motion shall follow the event.
4. Notice of Motion No.350 of 2022 is disposed of accordingly.
F.R.S.R. FOLLOWING ORDER IS PASSED
ORDER ON NM NO.351/2022
1. Notice of Motion No.351 of 2022 is allowed.
2. Delay in filing written statement by defendant No.10 is condoned.
3. Costs of this Notice of Motion shall follow the event.
4. Notice of Motion No.351 of 2022 is disposed of accordingly.
Matter adjd to 22.03.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv.Rupesh Sohoni for plaintiff present. He undertakes to file vakalatnama on next date.
Adv.Sanika Gharat for defendant No.1 and 10 present.
ORDER BELOW EXH.1
Read the order dated 25.02.2022 passed in NM No.350/22 and NM No.351/22. Inspite of condonation of delay on 25.02.2022, the defendant No.1 and 10 have failed to comply with the same. Hence, no written statement of defendant No.1 and 10.
Matter adjd to 21.06.2022 for order against deft.No.2 to 9.
Judge
LO at 01.00 pm,
Adv.Amit Mehta for defendant No.1 and 10 present. He filed the written statement of defendant No.1 a/w. application to recall today\''s order of no written statement. Application is t.o.r. and marked as Exh.15. O-Otherside to say.
Adv.of deft. filed the written statement of defendant No.10 a/w. application to recall today\''s order of no written statement. Application is t.o.r. and marked as Exh.16. O-Otherside to say.
Matter adjd to 21.06.2022 for say on Exh.15, 16, order against deft.No.2 to 9.
Next Purpose: ORDER
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Bhakti Patwardhan Present for Plff.
Adv. Amit Mehta Present for Deft no.1, 10.
Ex.17- VP filed by Adv.Rupesh D. Sohoni, Bhakati Patwardhan for plff.
Ex.18- common say on Ex.15,16 filed by adv of plff.
Ex.19- Rejoinder of deft no.1 on Ex.15.
Ex.20- Rejoinder of deft no.10 on Ex.16.
Heard argument adv of both parties on Ex.15,16.
F.R.S.R. following order passed below Ex.15,16.
Application Exh.15 and 16 stands allowed.
Exh.21 Written statement of defendant No.1.
Exh.22 Written statement of defendant No.10
Defendant No.2 to 6, 8, 9 are served with suit summons as per bailiff report dtd.20/02/2020 and roznama dtd.24/02/2020. But they did not appear hence, suit be proceeded ex-parte against the defendant Nos.2 to 6, 8 & 9.
Case adjourned for steps against defendant No.7 to 11/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Rupesh Sohani Present for Plff and seeks time for steps against deft no.7. Granted.
Adv. Amit Metha Present for Deft no.1 and 10
Adj. For Steps against deft no.7 on 05/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: None Present for Plff.
Adv. Vinayak Shukla h/f Adv. Amit Mehta Present for Deft no.1 and 10.
Adv of deft no.1 filed draft NM along with affidavit for rejection of plaint. Leave granted to registered NM. Service affidavit be filed.
Adv of deft no.10 filed draft NM along with affidavit for rejection of plaint. Leave granted to registered NM. Service affidavit be filed.
Adj. For NM returnable and service affidavit of NM and steps against deft no.7 on 27/09/2022.
LO 1.27 PM.
Adv. Rupesh Sohani Present for Plff.
As per service affidavit Ex.09 and bailiff report dt. 08/11/2021, deft no.7 served with suit summons by way of pasting summons on his door. However till today deft no.7 did not appeared. Hence suit be proceeded Ex-parte against deft no.7.
Adj. For NM returnable and Service affidavit of NM on 27/09/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Bhakti Patwardhan Present for Plff.
None Present for Deft.
Adv of plff contended that plffs are served with NM on 24/09/2022 and therefore could not prepared reply. Hence seeks time for filing reply on NM 3335/22, 3336/22
Defts have not tendered Registered NM 3335/22, 3336/22
Adj. For tendered registered NM and Reply on NM 3335/22, 3336/22 and 17/10/2022.
LO 3.30.
Adv. Omkar Dalavi Present for Deft.
Adv of deft no.1 and 10 has tendered registered NM 3335/22, NM 3336/22 along with affidavit.
Ex.21, 22.Adv of deft no.10 has service affidavit in respect of NM 3336/22 along with courier receipt.
Adj. For Reply on NM 3335/22, NM 3336/22 and 17/10/2022.
Next Purpose: REPLY
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv.Bhakti Patwardhan Present for Plff.
Adv. Vinayak Shukla Present for Deft no.1 and 10.
Ex.23,24 - Adv of plff has filed reply to NM 3335/22 and NM 3336/22. copy served to adv of deft no.1 and 10.
Adv of deft contended that he want to file rejoinder to NM on next date and he undertakes to serve copy of rejoinder to the advocate of plff in advance.
Case proceeded against Deft no.2 to 9.
Adj. For rejoinder and Hearing of NM 3335/22 and NM 3336/22 on 18/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Rupesh Sohani Present for Plff.
Adv. Hitesh Mishra I/b Amit Mishra Present for Deft.
Adv of deft seeks adjournment to file rejoinder on the ground that deft no.1 and 10 are in travelling. Adjournment was granted on last date for filing rejoinder. There is no sufficient and reasonable ground to grant further time for filing rejoinder. Hence request of deft is rejected. NM be proceeded without rejoinder.
Adj. For Hearing on NM 3335/21, NM 3336/21 on 12/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Rupesh Sohani Present for Plff.
Adv. Amit Mehata Present for Deft.
adv of deft no.1 and 10 seeks adjourment on the ground that today he is not felling well. Otherside has no given objection.
Adj. For Hearing on NM 3335/21, NM 3336/21 on 31/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv Rupesh Sohni for plaintiff present.
Adv. Amit Mehata for defendant no 1 and 10 present.
Heard advocate of Plaintiff and Defendant no. 1 and 10 on NM. no.3335/22,3336/22.
Case adjd for order on NM 3335/22,3336/22 on 07.02.2023
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: None present for plaintiff.
Adv. Vinayak Shukla for defendant Nos.1 & 10 present
KB for order.
FRSR following order is passed in NM No.3335 & 3336/2022.
ORDER
Notice of Motion No.3335/2022 stands dismissed.
Notice of Motion No.3336/2022 stands dismissed.
---------
Case adjourned for statement of truth and admission and denial to 06.03.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Bhakti Patwardhan for plaintiff present.
Adv. Hitesh Mishra for defendants no. 1 and 10 present.
Adv.of both parties seeks adjournment for filing statement of truth. Granted.
Case adjd for statement of truth and admission and denial to 27.03.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Rupesh Sohani Present for Plff.
Adv. Hitesh Mishra Present for Deft no. 1 and 10.
Exh.25- Adv of plff has filed statement of truth. Copy served to adv of deft no.1 and 10.
Exh.26,27 Adv of deft no. 1 and 10 has filed statement of admission and denial along with affidavit of deft no.10. Copy served to plff.
Exh.28,29 Adv of deft no. 1 and 10 has filed statement of admission and denial along with affidavit of deft no.1. Copy served to plff.
Exh.30- Statement of truth of Deft no.1.
Exh.31- Statement of truth of deft no.10.
Adj. For Draft Issues and Address memo of deft on 24/04/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Bhakti Patwardhan Present for Plff.
Adv. Hitesh Mishra h/f Adv. Amit MehtaPresent for Deft no.1,10 .
Deft no. 2 to 9 proceeded ex-parte.
Exh.32. - Adv of deft no.1 and 10 filed address memo. Copy served to otherside.
Exh.33. - adv of deft no.1 and 10 filed draft issues. Copy served to otherside.
Exh.34 - adv of plff has filed draft issues. Copy served to otherside.
Adj. For framing of issues on 30/06/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: 30.06.2023
8
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 534/2021
None present for plaintiff.
Adv. Hitesh Mishara i/b Amit Mehta for defendant present.
Adjd. to 21/07/2023 for issues.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv. Raujesh Khandelwal i/b Adv. Sohoni for plaintiff
is present.
Adv. Hitesh Mishra for defendant nos. 1 and 10 is
present.
Matter is adj for framing issue to 22/08/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: None present for parties.
KB for Framing issues.
Exh.35 - Issues Framed.
Matter is adj for CMH to 21/09/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Adv. Rupesh Sohani for plaintiff is present.
Adv. Hitesh Mishra i/b Amit Mehta for def. is present.
Heard both sides on CMH.
Case Management Hearing/ Schedule.On or before
Business.
30/10/2023
List of witnesses a/w Affidavits of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
06.11.2023 to 04.12.2023
Evidence of witnesses of plff. ( Chief and Cross examination)
19.12.2023 to 15.01.2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from the examination of the last witness of the def.
Written notes of arguments and final arguments.
Matter is adj for affidavits of witness to 30/10/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Adv. Rupesh Sohni for plaintiff is present.
Adv.Hitesh Mishra i/b. Amit Mehta for def. 1 and 10 is present.
Ex-parte order is already passed long back against defendant Nos.2 to 9.
Exh.36 -List of witnesses. Copy served to other side.
Exh.37 -Affidavit of evidence of DW-1.Copy served to other side.
DW-1/ defendant No.10 present.
Keep Back.
Later on at 01.10 p.m.
Same appearance for plaintiff.
None present for Defendant No.1 and 10.
Exh.38 -List of witnesses of plaintiff. Copy already served to the other side.
Exh.39 -Affidavit of PW-1. Copy already served to the other side.
Exh.40 -Compilation of original documents.
Matter is adj for hearing on marking of documents to 06-11-2023.
Next Purpose: HEARING
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Adv. Rupesh Sohani for plaintiff is present.
Adv. Hitesh Mishra i/b Adv. Amit Mehata for def.nos. 1 and 10 is present.
Matter is adj. for draft NM to 24/11/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: HHJ is on leave. Hence adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Matter is adj. for steps to 20/02/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Matter pertains to C.R.No. 32.
Adv. Rupesh Sohoni for plaintiff is present and tendered draft NM along with affidavit in support. O.-Leave granted to register it. Copy be served to the other side.
None present for defendant.
Matter is adj. for NM returnable to 07/03/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv. Rupesh Sohani for plaintiff is present and tendered registered NM No. 917/2024 along with affidavit in support.
Adv. Vinayak Shukla for def. is present and filed reply affidavit to NM No. 917/2024. Copy of the same is served to the other side.
Matter is adj. for NM hearing to 18/04/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Adv. Rupesh Sohoni for plaintiff is present and orally requested time for NM hearing. O-Time granted as prayed for.
None for defendant.
Matter is adj. for NM hearing to 18/06/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: None present for plaintiff.
Adv. Hitesh Mishra for def.nos. 1 and 10 is present.
KB.. Later on at 11.55 a.m
Adv. Sohani for for plaintiff is present.
Adv. Hitesh Mishra for def.nos. 1 and 10 is present.
Heard both sides on NM No. 917/2024.
Keep back for Order.
Order on NM is partly dictated and matter is adjourned.
Matter is adj. for NM order to 20/06/2024
Next Purpose: NM ORDERS
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: None present for plaintiff.
Adv. Hitesh Mishra for defendant no. 1 and 10 is present.
Following order is passed in NM No. 917 of 2024.
For the reason separately recorded.
Operative part of order.
1. Notice of Motion No.917 of 2024 is hereby partly allowed and disposed off.
2. The plaintiffs are permitted to lead secondary evidence in respect of documents at serial No.14 to 16 only.
3. No order as to costs.
Matter is adj. for recording evidence to 11/07/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: Adv. Rupesh Sohani for plaintiff is present and orally requested time for taking steps. O-Time granted as prayed for.
Adv. Hitesh Mishra h/f Adv. Amit Mehta for def. nos. 1 and 10 is present.
Matter is adj. for steps to 08/08/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: The appearance of Ld. advocate for plaintiff is not taken on record as she is not in proper dress code prescribed for advocates.
Adv. Vinayak Shukla for def. is present.
Later on at 12.57 p.m.
Adv. Bhakti Patwardhan for plaintiff is present and tendered draft NM along with affidavit in support. O.-Leave granted to register it.
Copy of the same is served to the other side.
Adv. Vinayak Shukla for def. is present.
Matter is adj. for NM returnable and NM reply to 04/09/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Court is Vacant hence Adj.to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: Court is vacant hence adj. to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Business: Court is vacant hence adj. to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: None present for plaintiff.
Adv. Hitesh Mishra for defendant nos. 1 and 10 is present and pointed out that he has filed the reply and matter is for hearing hence adjourned for hearing as the present Court was vacant since last 4 months hence, adjourned.
Matter is adj. for NM hearing to 04.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: Parties are absent.
Adv. Bhakti Patwardhan present for plaintiff sought accommodation.
None for defendant.
Matter is adj. for accommodation to 28.04.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2025
Date: 28-04-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Amit Mehta present for defendant nos. 1 and 10.
By consent matter is adj. for NM hearing to 06.05.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Amit Mehta present for defendant no.1.
As the age of the plaintiff is present 86 yrs.
By consent matter is adj. for NM hearing to 15.05.2025 at 11.00 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2025
Date: 15-05-2025
Business: Plaintiff No. 2 Mr. Madrani is present.
Adv. Rupesh Sohoni a/w Adv. Bhakti Patwardhan present for plaintiff and tendered registered NM No. 3486/2024 along with affidavit in support. O-Seen.
Adv. Manoj Mhatre a/w Mr. Amit Mehta, Ms. Shilpa Shetty i/b Adv. Mr. Amit Mehta present for defendant nos. 1 and 10.
Exh.41- Reply filed by ld. Adv of defendant nos. 1 and 10 to NM No. 3486/2024. O- Read and Record.
Heard both sides on NM.
By consent the matter is fixed on 16.05.2025 for passing NM order and amicably further to fix the matter on 03.06.2025 for recording evidence.
Next Purpose: NM ORDERS
Next Hearing Date: 16-05-2025
Date: 16-05-2025
Business: None present.
As Court is busy in checking the order and Judgment typed by Stenographer hence, matter is adjourned.
Matter is adj for NM order to 02.06.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 02-06-2025
Date: 02-06-2025
Business: Coram: H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
None present for plaintiff.
Adv. Amit Mehta present for defendant.
Following order is passed in Notice of Motion No.3486 of 2024.
For the reason separately recorded.
Operative part of order.
Matter is adj for secondary evidence to 03.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-06-2025
Date: 03-06-2025
Business: Coram: H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Adv. Rupesh Sohoni for plaintiff present.
PW-1 Purushottam Madrani is present.
Adv. Manoj Mhatre a/w Adv. Amit Mehta for defendant present.
Further examination in chief of PW-01 is recorded.
Documents at Sr. No.1 of Exh.40 is the Registration Certificate of Plaintiff No.1 Firm, it is marked as Exh.42.
Documents at Sr. No.2 of Exh.40 is the Agreement annexed with Map/Plan with deceased Hemlata Shashikant Shah and others.
Documents at Sr. No.3 of Exh.40 is the Letter of my Advocate. It bears signature of my advocate. The original Letter of my advocate is misplaced in shifting utensils of the house.
Documents at Sr. No.4 of Exh.40 is the Photocopy of Cheque send by my advocate with notice.
Documents at Sr. No.5 of Exh.40 is the Reply to my notice at Exh.45 received by my Advocate Bhat and Company. The original reply is misplaced in shifting utensils of the house.
Documents at Sr. No.6 of Exh.40 is the Letter of my advocate Bhat and Company address to the advocate of the defendant Yogesh Ponda. The original Letter of my advocate is misplaced in shifting utensils of the house.
Documents at Sr. No.7 of Exh.40 is the another Letter dated 01.06.1988 send by my advocate to the advocate of the defendant Yogesh Ponda on my instruction. The original Letter dated 01.06.1988 is misplaced in shifting utensils of the house.
Documents at Sr. No.8 of Exh.40 is the Reply to Exh.48 address to my advocate Bhat and Company. The original Reply to Exh.48 is misplaced in shifting utensils of the house.
Documents at Sr. No.9 of Exh.40 is the another Letter of my advocate dated 09.06.1988 address to the advocate of the defendant Shri. Yogesh Ponda on my instructions. The original Letter of my advocate dated 09.06.1988 is misplaced in shifting utensils of the house.
Documents at Sr. No.10 of Exh.40 is the Reply by the advocate of the defendant to Exh.50. The original Reply is misplaced in shifting utensils of the house.
Documents at Sr. No.11 of Exh.40 is the Certified copy of Judgment dated 12.03.2019 in LC Suit No.7320/1988.
Documents at Sr. No.12 of Exh.40 is the Order passed by the Hon’ble High Court in Suit No.4714 of 1993 filed by defendant against Plaintiff.
Documents at Sr. No.13 of Exh.40 is the Order of Discharge of Appointment of High Court Receiver in Suit No.4714 of 1993. It is marked as Exh.54.
Documents at Sr. No.14 of Exh.40 is the Letter of my another Advocate Harshad Hindale dated 12.08.2019 address to all the defendants.
Documents at Sr. No.15 of Exh.40 is the Letter of my another Advocate Harshad Hindade dated 29.08.2019 address to all the defendants
Documents at Sr. No.16 of Exh.40 is the Reply send by defendant No.10 to my advocate.
Documents at Sr. No.17 of Exh.40 is the Letter issued by erstwhile BMC along with Map/Plan to me dated 14.09.1991.
Documents at Sr. No.18 of Exh.40 is the Photocopy of Letter my advocate dated 17.09.2019 address to defendant No.10 by my advocate Harshad Hindade. The original Letter is misplaced in shifting utensils of the house. It is a copy of misplaced letter/notice to which the reply dated 04.10.2019 was received from defendant No.10. Hence, document at Sr. No.18 is marked as Exh.59 and at Sr. No.19 is marked as Exh.60.
Documents at Sr. No.20 of Exh.40 is the photocopy of Letter issued by erstwhile BMC dated 12.07.2022.
Further examination in chief of PW-01 is completed.
Cross examination of PW-01 is recorded and completed.
Matter is adj. to 09-06-2025 at 2.45 pm for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Manoj Mhatre present for defendant nos. 1 and 2.
Witness PW-2 is present.
Ld. adv of plaintiff filed evidence affidavit of witness PW-2. Marked as Exh. 62. O-Read and Record.
Oath is given to witness PW-2.
Cross examination of witness PW-2 is commenced and completed.
Exh. 63- Closure pursis filed by plaintiff. O- Read and Record.
Matter is adj. for R/E P.H. to 20.06.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: Parties are absent.
Adv. Sohani present for plaintiff.
Adv. Amit Mehta present for defendant nos. 1 and 10.
Exh.64 - Evidence closure pursis, hence affidavit of defendant 1 no.10 at Exh.37 is filed and matter is posted for final arguments. O-Seen.
Matter is adj. for arguments to 30.06.2025
Later on at 03.10 p.m.
Proposed defendant no.11/Applicant Mr. Sudhakar Rajaram Ghanekar is present.
Adv. Darshan Jain present for proposed defendant no.11/ applicant in Ch/S and filed V.P. TOR. Marked as Exh. 65. He also tendered draft Ch/S along with affidavit in support (Exh. 66). O.-Leave granted to register it.
Copy be served to the both sides.
Matter is adj. for Ch/S returnable/arguments to 30.06.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: Plaintiff and defendant are absent.
A.R Mr. Sudhakar Ghanekar of Applicants is present.
Adv. Rupesh Sohani a/w Adv. Bhakti Patwardhan present for plaintiff.
Exh.67 - Reply to Ch/S No. 1436/2025 filed by plaintiff.
Adv. Shilpa Shetty present for defendant nos. 1 and 10.
Adv. Darshan Jain present for applicant in Ch/S is presnet and and tendered registered Ch/S No.1436/2025 along with affidavit in support.
Exh. 68 - Rejoinder filed by applicant.
At 01.00 p.m.
Adv. Rupesh Sohani a/w Adv. Bhakti Patwardhan present for plaintiff.
Adv. Amit Mehta present for defendant nos. 1 and 10.
Adv. Suraj S. Kudalkar present through V.C present for applicant in Ch/S.
Adv. Darshan Jain present court hall for applicant in Ch/S.
Heard ld. Adv of plaintiff and applicant in Ch/S no.1436 of 2025.
Following order is passed in Ch/S No.1436 of 2025.
For the reason separately recorded.
Operative part of order.
1.Chamber Summons No.1436 of 2025 is allowed.
2.Plaintiff shall made Applicant Manisha Plaza Welfare Association as defendant No.11 to the Suit within 14 days and shall filed amended copy of plaint by embodying/inserting the name of the defendant No.11 in the body of the plaint and served the copy of the plaint on all the defendants without failed on or before 09.07.2025.
3.The defendant No.11 shall file its written statement at the earliest well within the stipulated law of 30 days without failed by serving this Copy on the plaintiff.
.Hence, Chamber Summons is disposed off accordingly.
Matter is adj. for hearing/compliance to 09.07.2025 (urgent case).
Next Purpose: HEARING
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff and carried out the amendment as per order dt. 30.06.2025 in Ch/S No. 1436/2025 today before the court in my presence and handed-over copy of amended plaint to the defendant no. 11’s authorized representative Mr. Sudhakar Rajaram Ghanekar for filing W.S and adjourned as per his request for filing W.S. on 21.07.2025.
It is further informed that amended plaint has also served to defendant nos. 1 and 10.
Defendant no. 11 is present.
Adv. Shilpa Shetty present for defendant nos. 1 and 10.
Matter is adj. for filing W.S. by defendant no. 11 to 21.07.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: Coram H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Parties are absent.
Son of plaintiff is present.
Representative of Defendant no. 11 is present and his advocate is absent.
Adv. Rupesh Sohani present for plaintiff.
Keep back
Late on at 12.28 pm
Adv Darshan Jain for defendant no.11 is present and tendered written statement along with counter claim. TOR and marked as Exh.69 and Exh.70 respectively.
Matter is adj. for counter claim w/s of plaintiff to Exh. 70 / issues in view of ws at exh. 69 of defendant no.11 to 01-08-2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-08-2025
Date: 01-08-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Shilpa Shettey present for defendant nos. 1 and 10.
Exh.71- Written statement to counter claim filed by ld. adv of plaintiff. O-Read and Record. Copy is served to the defendant no. 11.
Exh.72- Affidavit cum undertaking filed by ld. Adv of plaintiff.
Adv. Uma Jadhav h/f Adv. Suraj Kudalkar present for defendant no. 11. Copy is served to the defendant no. 11.
Matter is adj. for counter affidavit pursuant to the exhibit 72 undertaking of the defendant no. 2/original plaintiff no. 2/framing of issues on counter claim to 08.08.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-08-2025
Date: 08-08-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant nos. 1 and 10.
Representative of defendant no. 11 is present. His advocate is absent.
Later on at 12.30 p.m.
Adv. Rupesh Sohani present for plaintiff.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant nos. 1 and 10.
Representative of defendant no. 11 is present.
Adv. T.A. Dhotre h/f Adv. Suraj Kudalkar present trough V.C. for defendant no. 11.
Defendant no. 11 is directed to file counter affidavit pursuant to the affidavit filed by the plaintiff at Exh. 72. last chance granted to file the said affidavit on or before next.
Matter is adj. for filing affidavit by defendant no. 11 to 18.08.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Son of plaintiff is present.
None present for plaintiff.
Adv. Tanmayee Dhotre h/f Adv. Kudalkar present through V.C for defendant no.11.
Matter is adj. for filing documents to 25.08.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: Parties are absent.
Adv. Rupesh Sohavi present for plaintiff.
Adv. Manoj Mhatre present for defendant nos. 1 and 10.
Adv. Darshan Jain present for defendant no.11 and filed reply to Exh. 72. TOR. Marked as Exh.72A. O-Read and Record.
Matter is adj. for framing of issues in the counter claim/draft issues if any to 03.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff and tendered draft issues in counter claim. TOR. Marked as Exh.73A.
Adv. Darshan Jain present for defendant no.11 and plaintiff in counter claim and tendered draft issues in counter claim. TOR Marked as Exh.73.
Matter is adj. for framing of issues to 09.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: Son of plaintiff is present.
Representative of defendant no. 11 is present.
Later on at 11.20 a.m.
Adv. Shilpa Shetty for defendant nos. 1 to 10 is present.
LO at 1.10 pm.
Adv. Darshan Jain for defendant no. 11 is present.
As court is busy in hearing in Com. Suit No. 131/2019 time bound by Honble High court. Hence, due to paucity of time matter is adjourned.
Matter is adj. for framing o issues to 19.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Plaintiffs son is present. His advocate is absent.
Defendant no. 11 is present.
Adv. Tanmayee Dhotre h/f Adv. Kulakkar present through V.C. for defendant no. 11.
Adv. Shilpa Shetty present for defendant nos. 1 and 10.
As court is busy int passing order in NM No. 2829/2025 in disp. Com. Suit No. 666/2024, NM No. 1407/0025 in Com. Suit No. 1407/2025, NM No. 5127/2025 in disp. Com. Suit No. 102/2025 and hearing in other matters on board. Hence due to paucity of time matter is adjourned.
Matter is adj. for framing of issues to 04.10.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Son of plaintiff is present. Advocate of plaintiff is absent.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant nos. 1 and 10.
Later on at 01.45 p.m,
Adv, Tanmay Dhotre h/f Adv. Kudalkar present though V.C for defendant no. 11.
Court is busy in recording evidence in Com. Suit No. 465/2021 as plaintiff is senior citizen having age of 86 yrs.
Court is also busy in hearing in NM No 1286/2025 in Com. Suit No.844/2024 (Honble High Court Suit No.477/2019 having age of 7 yrs).
Hence, due to paucity of time matter is adjourned.
Matter is adj. for framing of issues to 18.10.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: None present.
Issues in counter claim filed by defendant no.11 are framed below issues in suit marked at Exh. 35.
The parties shall note the issues in counter claim.
Matter is adj. for parties to act upon issues framed in counter claim and take positive steps in accordance with law and shall file additional compilation of documents a/w affidavit of evidence if any to 25.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2025
Date: 25-11-2025
Business: Plaintiff is present.
Adv. Rupesh Sohani present for plaintiff apprised that there is counter claim made by defendant no. 11 vide Exh. 70, there is no valuation of the claim of counter claim and payment of court fees in accordance with law. Hence, the ld. Advocate for the defendant no. 11 shall answer the query posed by the ld. Adv for the plaintiff.
Defendant no. 11 is present. His advocate is absent.
Adv. Shilpa Shetty present for defendant nos. 1 and 10.
Later on at 01.30 p.m.
Adv. Darshan Jain h/f Adv. Kudalkar present for defendant no. 11.
Later on at 02.55 p.m.
Defendant no. 11 is present and filed evidence affidavit TOR. Marked as Exh.74. O- Read and Record. And list of document. O- Call reply i.e. admission and denial affidavit of plaintiff. Marked as Exh. 75.
Witness DW-1 of defendant no. 11.
Oath is given to witness DW-1.
None present for plaintiff.
Matter is adj. for reply on Exh. 75 on to 01.12.2025.
Next Purpose: REPLY
Next Hearing Date: 01-12-2025
Date: 01-12-2025
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: Plaintiff is present. His advocate is absent.
Adv. Kudalkar present for defendant no. 11.
A.R of defendant no. 11 is present.
Exh.76 - Additional compilation of documents filed by ld. Adv of defendant no. 11. O-Call reply of plaintiff.
Matter is adj. for reply to 17.01.2026.
Next Purpose: REPLY
Next Hearing Date: 17-01-2026
Date: 17-01-2026
Business: PO is on leave hence adj. to
Next Purpose: REPLY
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Defendant No. 11 Sudhakar Rajaram Ghanekar is present.
Adv. Darshan Jain h/f Adv. Kudalkar present for defendant no. 11.
Advocate for original plaintiffs and defendants in counter claim submitted that he has no objection to exhibit to documents produced while Exh. 76. They are marked as Exh. 77 to 82.
Exh. 77 – Copy of the Registration Certificate of the Society (Manisha Plaza Welfare Association).
Exh. 78 – Letter issued by deputy Registrar Co-operative society reserving the name of the said society.
Exh. 79 – Original resolution dt. 15.06.2025 for appointing Mr. Ganekar to lead the evidence.
Exh. 80 – Copy of the Agreement of the tenant in respect of Room No A-1, A-6, A-7, B-1, B-2, B-3, B-4, B-5, B-7, B-8, B-10, B-12, C-1, C-2, C-4, C-5. C-6, C-10, C-11, D-4.
Exh. 81 – Copy of the agreement for sale of the purchasers in respect of shop No. 26,35,43,16,32,15A, 9,22, 30,27, 15A, basement 15B, 25,40,10, 42, 12,34B, 1, 29A, 4, Basement – 7,15A, 33A, 40, 7, 40, 41,11,5,39,42,17,28,41,29B, 21,36A, 36B, 2, 198, D-5, D-6, 12, D-9, D-10, 31,21,29B, 40, 39.
Original area certificate of the tenants as well as owners/purchaser.
Matter is adj. for recording evidence to 09.03.2026.
Later on at 02.00 p.m.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant nos. 1 to 10.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: Plaintiff and his advocate are absent. Witness is absent.
Adv. Shilpa h/f Adv. Amit Mehta present through V.C. for defendant nos. 1 and 10.
Representative of defendant
Adv. Darshan Jain present for defendant no. 11
Matter is for cross examination by defendant no. 11.
Parties are directed to suggest the name of court commissioner for recording cross examination.
Son of plaintiff is present and and orally seeking time for recording evidence. O- Time is granted subject costs of Rs.5000/- to be paid to the DLSA by plaintiff.
Revised Case Management Hearing/ Schedule.
Business
On or Before
Affidavit of evidence
Plaintiff and defendant shall file affidavits of evidence of all witnesses on next date with list of all witnesses.
Court commissioner for Cross Examination
Cross-examination of witnesses to be conducted through court commissioner. Plaintiff and defendant are directed to suggest the name of any advocate having typing skill till next date.
Cross- examination of plaintiffs witness.
Cross examination of plaintiff’s witnesses to be completed till end of June, 2026.
Cross- examination of defendant witness.
Cross examination of defendants witnesses to be completed till end of July, 2026.
Arguments
Parties shall file the written arguments with brief oral submission till August 2026.
It is clarified that no adjournment shall be granted except for cogent reasons and on payment of costs, strictly in accordance with Order XV-A CPC.
Cross examination of witnesses once began shall be conducted day to day.
Parties shall strictly adhere to the above timeline. Any breach shall invite appropriate consequences as per law.
Matter is adj for affidavits of witnesses of both the parties to 15.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Shilpa Shetty h/f adv. Amit Mehta for deft. nos. 1 to 10.
Adv. Kudalkar present through V.C. for defendant no. 11.
in this Matter the defendant no. 11 added subsequently by way of Ch/S. Thereafter the opportunity of cross examination of plaintiff was not given to defendant no. 11 hence, the opportunity of cross examination needs to be given. The matter be kept for cross examination by plaintiff. Cross examination to be conducted through Court Commissioner. Adv. Manjiri Kulkarni as suggested by both parties. Cross examination is to be completed before next date.
Order of Court Commissioner
1.Adv. Manjiri Kulkarni (Mo.No.9820325287) is hereby appointed as Court Commissioner for recording the further cross-examination of the plaintiff (PW-1).
2. Court Commissioner shall record evidence either at plaintiffs advocate chamber or any other suitable place.
3. Judicial file shall not be sent or summoned for the purpose of recording of evidence by the Court Commissioner. The parties shall use copies of evidence and documents already supplied by each other for cross-examination. If a party has filed original documents alongwith pleadings/evidence in Court and if they are required, the same can be returned to respective party as per rules for the purpose of recording of evidence before the Court Commissioner. Such original documents be returned to the court by the respective party on recording cross examination.
4. The cross examination once started, it shall preferably concluded on the same day or continue on day-to-day basis. Court Commissioner shall conclude the recording of evidence, as early as possible, but not later than eight weeks of assignment of a case. The deposition of entire cross examination shall be returned to the court on or before returnable date.
5. Both parties shall pay commissioner fees of Rs. 5000/- per sitting to the court commissioner.
6. If the cross examination could not be completed within the period fixed by the court, due to adjournment request or time sought by the other side/defendant, then the costs of Court commissioner shall be borne by such party/other side.
7. Entire Cross-examination shall be conducted strictly in question and answer form. The evidence shall be typed on a compute in english. If possible the video recording of the cross examination can also be done. Should that be done, the original audio visual recording will be submitted along with the commissioners report to the registry.
8. All the objections raised during cross-examination/re-examination shall be recorded in the deposition under title objections and shall be left open for the decision of the Court at the stage of final arguments. Witness shall not refuse to answer the question asked, unless it is on the ground of privilege communication.
9. Court Commissioner shall maintain a miscellaneous proceeding sheet for each day of work and shall submit it in the Court at the time of submission of final report.
10. The commissioner is at liberty to exercise discretion order XVII rule 4(4) of the Code of Civil Procedure, 198, to note the demeanor of the witness where necessary.
Matter is adj. for R/E to 22.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2026
Date: 22-06-2026
Business: Defendant no. 11 is present.
Adv. Rupesh Sohani present for plaintiff.
Adv. Shilpa Shetty i/b Adv. Amit Mehta present for defendant no. 1 and 10.
Matter is adj. for filing evidence of defendant no. 11 to 17.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2026
Date: 17-07-2026
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Kudalkar present through V.C. for defendant no. 11 and filing pursis that the evidence is given in counter claim may be treated the evidence in suit.
Court commissioner has not file report even the recording of evidence is completed on 08.05.2026. The court commissioner is hereby directed to submit the report as early as possible before next date.
Matter is adj. for R/E to 19.08.2026.
Later on at 11.25 p.m.
Adv. Shilpa Shetty i/b adv. Amit Mehta present for defendant nos. 1 and 10.
KB.. Later on at 01.50 p.m.
Defendant no.11 is present and filed pursis for common evidence in suit and counter claim. TOR. Marked as Exh. 82.
Matter is adj. for R/E to 19.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2026
Date: 13-08-2026
Business: By Precipice
Adv. Manjiri Kulkarni (Court Commissioner) is present and filed application for taking matter on todays board. O-Allowed. TOR. Marked as Exh.83.
She also tendered court commissioner report a/w Exh.A. TOR Marked as Exh.84.
Matter is already kept on 19.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2026
Date: 19-08-2026
Business: Representative of defendant Pravin Sawant is present.
Witness of defendant no.11 is absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Kudalkar for defendant no.11 is present through V.C.
Matter is adj. for R/E to 09.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2026
Date: 09-09-2026
Business: Parties are absent.
Adv. Rupesh Sohani present for plaintiff.
Adv. Aditya Ragde h/f adv. Suraj Kudalkar present for defendant no.11 and plaintiff in counter claim.
KB.. Later on at 12.55 p.m.
Adv. Rupesh Sohani present for plaintiff.
Adv. Aditya Ragde h/f adv. Suraj Kudalkar present for defendant no.11 and plaintiff in counter claim.
Cross examination of Witness DW-1 is partly recorded.
Matter is adj. for R/E P.H to 28.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2026