Shri Hemant @ Nandu Sudhakar AthavaleVsShri. Prashant @ Raju Sudhakar Athavale +2 more

Date: 04-03-2020
Business: Adv.  Deepashree Ravale for plaintiff present
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Time extended till next date for service of writ of summons.
Adjd to 16-04-2020  for service  .
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020

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

Date: 05-05-2020
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Due to Lock-down (Covid 19) the matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 05.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Pradeep Patvardan  for plaintiff present.
Ld. counsel for the pltff tender affidavit of service. t.o.r.
It appears from the affidavit of service  that the defts were not duly served with writ of summons. Pltff to serve writ of summons to the defts.
Ld. Counsel for the pltff tender draft N/M. Leave is granted to register.
The matter is adjd for Service report  to .20.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 05.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Deepa Ravle for plaintiff is present and filed affidavit of service of defendants no.1 and 2. T.O.R.
Adv. Omkar Mane for defendants no.1 and 2 filed V/P t.o.r marked as Exh.5.
Matter adjourned for fresh service upon defendant no.3 on 04.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: In view of Office Order No. 290/21,  P.O. is attending  “40hrs Mediation Training Programme”, as a Trainer at JOTI, Nagpur,
Matter is Adjd to 23/03/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv Pratik Patwardhan for pltff present.
Adv Omkar Mane for deft no. 1 and 2 present.
Adv for pltff has tendered original registered NM No. 2786/21 along with affidavit of service.  TOR.
Hd ld adv of both the sides.   The dispute herein is between two real brothers.  I find that there are elements of settlement.  Both the ld adv have consented for referring it to mediation.  As per section 89 of the CPC this matter is referred to mediation.  Parties to the suit are directed to attend District Mediation Centre on 05/04/2022 at 2.00 p.m.
Matter is adjd to 04/05/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Adv. G. M. Joshi for pltff present.
Adv. Omkar Mane for deft present.
It is submitted that the mediation is in progress, on his oral request, Matter is adjd to 27/06/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: P.O. is on leave. Matter adjd to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. G.M. Joshi for plaintiff is present.
Adv. Santosh Bansode for defendant no. 1 and 2 is present.
Letter a/w Mediation report received from Mediation Department that the matter is not settled t.o.r marked as Exh.6 and Exh.7.
On oral request of Ld. Adv.for defendant last chance given for filing reply on NM No. 2786/21.
Matter adjd to 20.10.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: P.O. is on leave. Hence the matter isa adj to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Depashri Rahure for plaintiff is present.
Matter is adj. as  last chance to reply on NM.
Matter adj. to 02.02.2023 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. G.M Joshi for plaintiff is present.
Adv. Santosh Bansode h/f Adv. Omkar Mane for defendants no. 1 and 2 is present.
The Ld.Adv.for defendant has filed an application for adjournment t.o.r marked as Exh.8. It is contended that mother and sister of the Ld.Adv.on record met with an accident and therefore he had been to village. It is to be seen that the NM taken out in the year 2021 and till date the defendant has not filed reply to it. Hence, considering these aspects last chance granted subject to payment of cost of Rs.1000/- paid to plaintiff.
Matter adjd to 02.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv. Deepashri Ravale for plaintiff is present and tendered ori.
Adv. Omkar Mane for defendant is present and paid cost of Rs.1000/- to Ld.Adv.for plaintiff.
He has also filed reply to NM No.2786/21. Copy supplied to other side.
Matter adjd to 31.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Adv. G. M. Joshi for plaintiff is present.
Adv. Omkar Mane for defendant nos. 1 and 2 is present.
Heard both the Ld advocates on N.m no. 2786/2021.
During the couse of argument, the Ld advocate for defendant make a statement that defendants are not going to create third party interest till decision of the suit on merits. Thus considering this aspect and the prayer. I inclined to pass the following order -
ORDER
1. Notice of motion no . 2786/2021 stands allowed in terms of prayer clause (a).
2. Notice of motion No. 2786/2021 disposed off.
Matter adjd to 21/08/2023 for w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None present for plaintiff and defendant.
Inspite of giving opportunities to the defendants, they failed to file their WS. Hence, the matter proceeded without WS of defendants.
Upon perusal of record it reveals that there is amicably chances of settlement in between the parties. Hence, matter be referred to Maha-lokadalt. Issue notice to parties for attending Maha Lok Adalat dt. 09.09.2023 at 10.30 a.m.
Matter adjd to 09.09.2023 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Both parties are absent.
Matter is not settled.
Case is adjourned to 19.12.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: By praecipe Exh. 9 matter is taken on board.
None present for plaintiff.
Adv. Omkar Mane for defendant no. 1 and 2 is present and tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM.
He is directed to serve copy on other side.
Matter already adjd to 02.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Adv. Joshi for ptff present and filed reply to NM No. 298/24. O- TOR.  Copy served on another sides.
Adv. Sumit Kate i/b Omkar Mane for deft No. 1 and 2 present and tendered original NM No. 298/2024.  TOR.
On oral request of Ld. Adv for deft No. 1 and 2, Matter adjd to 02.04.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Adv. Girish Joshi for plaintiff is present.
Adv. Omkar Mane for defendant no.1 and 2 is present.
Heard both sides.
F.R.S.R following order is passed in Notice of Motion No.298 of 2024
ORDER
1.		Notice of motion  no. 298/2024  is hereby allowed in the following terms -
(a)		That the delay caused for filing written statement is condoned and No written statement order is set aside and defendants are permitted to file their written statement subject to cost of Rs.5,000/- to be paid to the plaintiff.
2.	Notice of motion is hereby disposed off.
Matter adjd to 15.04.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Adv. Pratik Patwardhan for plaintiff is present.
Plaintiff is present.
Cost amount paid to the plaintiff.
Defendant is present and filed written statement of defendant no.1 and 2 marked as Exh.10. TOR. Copy served on other side.
Matter adjd to 24.07.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: None present for plaintiff and defendant.
Matter be referred before Lok- Adalat.
Issue notice to both parties.
Matter adjd to 27.07.2024 for Lok Adalat.
L.O at 12.55 p.m
Adv. Onkar Mane for defendant no.1 and 2 present.
The Adv. for defendant undertake to inform plaintiff to remain present on Lok Adalat to be held on 27.07.2024.
Matter already adjd to 27.07.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Matter pertains to Court Room No.01
None present for plaintiff.
None present for defendant.
Matter not settled.
Matter be posted to 25/09/2024 for same stage from which matter was referred to lok-adalat.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: Not on board taken on board.
None for plaintiff is present.
None for defendant is present.
Matter referred to Lok-adalat on 28.09.2024. Keep the parties present on that day. Issue notice.
Matter adjourned on 25.09.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: P.O.is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertains to C.R. No. 01
None present for Plaintiff.
None present for Defendant.
Matter adjd to 07.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: None present for plaintiff and defendant.
Plaintiff and defendant failed to file draft issues. Hence, adjourned for framing issues.
Matter adjd to 14.01.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: Not on board taken on board
None present for plaintiff and defendant.
There is element of settlement between the parties. Hence, matter be referred before Lok Adalat to be held on 14.12.2024. Issue notice.
Matter adjd to 14.12.2024 for Lok Adalat.
Matter already adj to 14.01.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Matter pertains to C.R. No. 01
None for plaintiff.
None for defendant.
Matter is not settled.
Matter adjd to 13.01.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Adv. Pratik Patwardhan for plaintiff is present.
Adv. Omkar Mane for defendant no.1 and 2 is present.
Both seek time to file draft issues. O- Time granted.
Matter adjd to 26.03.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: NOB TOB
None present for plaintiff and defendant.
There is element of settlement between the parties. Hence, matter be referred before Lok Adalat to be held on 22.03.2025.
Issue notice.
Matter adjd to 22.03.2025 for Lok Adalat.
Already matter adjourned on 26.03.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: NATIONAL LOK-ADALAT HELD ON 22/03/2025
CORAM : H.H. JUDGE SHRI. B. D. SHELKE
(Matter pertains from CR No.1)
None present for plaintiff.
None present for defendant.
As both parties are absent in National Lok Adalat. Hence matter be kept before regular Court. Matter is adjd to 08/05/2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: Not on board taken on board
None present for plaintiff and defendant.
There is chances of settlement. Hence, matter be referred before Lok Adalat to be held on 10.05.2025.
Issue notice to both parties.
Matter already adjd to 08.05.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: None present for plaintiff and defendant.
Matter be referred before Lok Adalat to be held on 10.05.2025. Notice for appearance before Lok Adalat is already issued to the concern parties.
Matter adjd to 10.05.2025 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025

Date: 10-05-2025
Business: MATTER PERTAINS TO CR NO.1
None for plaintiff present.
None for defendant present.
Keep Back.
Later on.
None present.
Matter stands adjourned on 18/06/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: None present for plaintiff and defendant.
Matter adjd to 26.08.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: None present for plaintiff and defendant.
Matter adjd to 15.11.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Not on board taken on board
None present for plaintiff and defendant.
There is element of settlement between the parties. Hence, matter be referred before Lok Adalat to be held on 13.09.2025.
Issue notice to both parties.
Matter adjd to 13.09.2025 for Lok Adalat.
Matter already adjourned on 15.11.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-09-2025

Date: 13-09-2025
Business: Matter pertaining to C.R. No.01
None present for plaintiff.
None present  for defendant.
In the absence of parties matter can not be settled.
Matter is adjd to 15.11.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 15-11-2025

Date: 15-11-2025
Business: None present for plaintiff and defendant.
Matter adjd to 25.02.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : HIS HONOUR JUDGE SHRI P. G. BHOSALE (C.R.NO.1)
None present for plaintiff.
None present for defendant.
Issue notice to both the parties to appear before Lok-Nyayalay on 14.03.2026.
Matter adjourned to 14.03.2026 for Lok-Nyayalay.
                                                                 Judge
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026
Panel No. 4 Panel Head M. B. Oza along with member Adv. Nalini Sunil Sonawane present.
Plaintiff absent.
Defendent absent.
Advocate for Plaintiff absent.
Advocate for Defendent absent.
Matter is not settled before the Lok-Adalat. Hence, Case adjourned.
Adjd. to 09/04/2026
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: None present for plaintiff.
None present for defendant.
Matter adjourned to 11.08.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: PO is attending orientation training at Uttan.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-10-2026

NOTICE OF MOTION/100298/2024
NOTICE OF MOTION/102786/2021

Registration Number: 100479/2020
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 100479/2020
Transfer Date: 18-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 100910/2020
Filing Date: 20-01-2020
First Hearing Date: 04th March 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE