Date: 04-03-2019
Business: Matter adj. for NM Reply and Compliance to 15.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Matter adj. for Compliance and NM Hearing to 17.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Advocate Mr. Hudge for Plaintiff present and filed affidavit in rejoinder to Notice of Motion t.o.r.
Advocate Ms. Salekar for Defendant no.5 present
Defendant no.2 present.
As it is 2.00 p.m., case is adjourned to 06/08/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Court is busy in dictating Judgment in suit no.2140/17, hence case is adjourned to 25/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Matter called out(11.13am)
Adv.Ajit S.Hodage i/b Adv.P.G.Karande for plaintiff present.
Adv.Tanmayee Salekar for defendant no.5 present.
Adv.S.K.Paranjape for defendant no.2 present inform that the aforesaid matter is clubbed alongwith Suit No.1316/2014 which is before Court Room No.09. It is further inform that court room no.9 requested the registrar to transfer either of the matter in either of the court and matter is fixed on 21/10/19. In view of the above matter is adj to 22/10/19.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Advocate Paranjpe for Plaintiff present
Advocate Ajit Hodge for Defendants present
By consent, case is adjourned to 02/12/2019 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Madkaikar for plaintiff present. And submitted that the connected suit no. 1314/16 is assigned to Court Room No. 07 and he intend to file transfer application.
Hence, Case is adjourned to 10.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2020
Date: 02-12-2019
Business: Adv. Madkaikar for plaintiff present. And submitted that the connected suit no. 1314/16 is assigned to Court Room No. 07 and he intend to file transfer application.
Hence, Case is adjourned to 10.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2020
Date: 02-12-2019
Business: Adv. Madkaikar for plaintiff present. And submitted that the connected suit no. 1314/16 is assigned to Court Room No. 07 and he intend to file transfer application.
Hence, Case is adjourned to 10.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Advocate Prashant Karande for Plaintiff present
Advocate Paranjpe for Defendant no.2 present
Court is busy in hearing arguments in respect of Chamber Summons in suit no.5011/08 and other matters as well as court has to hear and dictate order in urgent matters, hence case is adjourned to 27/04/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 28.01. 2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Ajit I/b Adv. Karande for plaintiff present.
Adv. Paranjape for def. no. 2 present.
Heard argument of both sides on NM no. 456/19 and NM No. 1092/19
Adjd to 04.02.2021 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Sudam Patil I/b Adv. Karande for plaintiff present.
Adv. Paranjape for defendant present.
Order on NM No. 456/19
Perused NM, reply filed thereto and heard both sides. By this NM the plaintiffs have prayed to record evidence of Smt. Usha Ramchandra Katke before cross examination of PW No.1 Rekha Shinde. Ld. Adv. for the def. no. 2 has submitted that the defendant has no objection for the same provided the evidence is restricted to the affidavit of said witness Smt. Usha. Ld. Adv. for the plaintiff submits that such restriction cannot be imposed on the witness. According to ld. adv. for the plaintiffs, the application/NM is under Order XVIII Rule 16 of CPC and in the affidavit it is requested that the witness being a senior citizen and suffering from various ailments be examined before the plaintiff. Order XVIII Rule 16 provides for immediate examination of witness if he is about to leave the jurisdiction of the Court or for other sufficient cause. From reading of the said provision it is evident that the witness can be examined at any stage of the suit if he is about to leave jurisdiction of the Court or for sufficient cause. The words sufficient cause cannot be read in isolation. From conjoint reading of sub-rules (1), (2)and (3) of the said Rule 16, the Court is empowered to examine the witness immediately if he is trying to run away from the process of Court. As such the instant NM fall under Order XVIII Rule 3-A of CPC. The object of said provision is that the party shall not be given an opportunity to fill up lacunae in the evidence of other witnesses and therefore the party has to seek permission from the Court if he wants to bring witness before his evidence. In this matter the roznama speaks that the plaintiff has already filed affidavit of evidence of PW no. 1 on 19.08.2016, thereafter, the defendants no. 1 and 2 filed application for recording evidence of def. no. 1, age 99 years, on 12.09.2018, the same was permitted but said def. no. 1 died on 16.11.2018. In this period of more than 3 years the plaintiffs never filed application for recording evidence of witness before plaintiffs. Therefore, mere old age is not a ground to grant permission under Order XVIII Rule 3-A of CPC in the above circumstances. Therefore, NM No. 456/19 is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 04-02-2021