Date: 28-03-2018
Business: Adv. Gupta for plaintiff present and filed draft notice of motion alongwith affidavit.
Leave granted to register draft notice of motion.
He also filed two affidavit of service of writ of summons and notice of motion.
None for defendant.
Matter adj. for NM Reply to 07.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2018
Date: 27-04-2018
Business: Not on Board Taken on Board By Precipe.
Plaintiff and advocate absent.
V/N and reply filed by Adv. H. P. Pawar to motion.
W/S be filed by next date. He undertake to serve to other side.
Already adjd to 7.6.2018.
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-06-2018
Date: 07-06-2018
Business: Adv. Sunil Gupta for plaintiff present.
Adv. Pawar for defendant present and filed written statement.
At the request of Ld. Counsel for plaintiff, notice of motion no. 1386/2018 is tagged with the suit.
Matter adj. for Framing Issues to 29.06.2018.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Adv. Gupta for plaintiff present and filed draft issues.
Adv. Aher for defendant present and filed draft issues.
Issues are framed.
Since the plaintiff is a senior citizen, this court asked the Ld. Counsel for plaintiff if the evidence can be filed today. The Ld. Counsel for plaintiff submits that evidence will be filed on the next date. 06.7.2018 is not a convenient date to the Ld. Counsel for plaintiff, hence matter is adj. for Evidence of Plaintiff to 09.07.2018.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: None for plaintiff.
Defendant Kiran Kamath present. Adv. for deft absent.
Kept back.
Later on at 12.05 pm.
Adv. Sunit Gupta for pltff present.
Defendant Kiran Kamath present. Adv. for deft absent.
Kept back on 2.45 pm for filing evidence.
Later on at 3.35 pm.
Adv. Sunit Gupta for pltff present.
Defendant Kiran Kamath present. Adv. for deft absent.
Ld. counsel for plaintiff filed affidavit of evidence alongwith list of documents with documents. TOR. Copies served to the defendant in person.
Affidavit of evidence is marked as Exh.3.
List is marked as Exh.4
Ld. counsel for plaintiff submits that the next date be given after September and October 2018, since it will be difficult for the plaintiff to come for cross-examination in rainy season. This request can be considered after the stage of say and hearing on documents.
Adjd on 23.08.18 for say on documents.
Next Purpose: FILING SAY
Next Hearing Date: 23-08-2018
Date: 09-07-2018
Business: None for plaintiff.
Defendant Kiran Kamath present. Adv. for deft absent.
Kept back.
Later on at 12.05 pm.
Adv. Sunit Gupta for pltff present.
Defendant Kiran Kamath present. Adv. for deft absent.
Kept back on 2.45 pm for filing evidence.
Later on at 3.35 pm.
Adv. Sunit Gupta for pltff present.
Defendant Kiran Kamath present. Adv. for deft absent.
Ld. counsel for plaintiff filed affidavit of evidence alongwith list of documents with documents. TOR. Copies served to the defendant in person.
Affidavit of evidence is marked as Exh.3.
List is marked as Exh.4
Ld. counsel for plaintiff submits that the next date be given after September and October 2018, since it will be difficult for the plaintiff to come for cross-examination in rainy season. This request can be considered after the stage of say and hearing on documents.
Adjd on 23.08.18 for say on documents.
Next Purpose: FILING SAY
Next Hearing Date: 23-08-2018
Date: 23-08-2018
Business: Adv. Sharma for plaintiff present.
Adv. Pawar for defendant present and given say on the documents- Exh.4
Ld. Counsel for plaintiff filed additional list of documents. Copy served to other side just now.
Ld. Counsel for defendant given say on the additional documents.
As per the request made on behalf of plaintiff, matter adj. for Hearing on Documents to 26.10.2018.
Next Purpose: HEARING
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Adv. Gupta for plaintiff present.
Adv. Pawar for defendant present.
Matter adj. with connected suit no. 2693/2018 on 30.10.2018 for Hearing on Documents.
Next Purpose: HEARING
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Dr. Gupta for plaintiff present.
Adv. Pawar for defendant present.
Heard both sides on documents and perused the affidavit.
Doc.3,4,6 are admitted by the Ld. Counsel for defendant in the say given on the list of document Exh.4. Hence they are exhibited.
Doc.1 Original Share certificate in the name of plaintiff. Objection of defendant is that the agreement of sale is not filed on record. Since the share certificate is original, it is exhibited.
Doc.2 Bonafide certificate It is issued by society. It is objected on the ground that the author of the document has not been examined. Hence this document is marked for identification purpose as Exh.9.
Doc.5 Original Will of husband of plaintiff. The plaintiff has to prove the same in accordance with law. Hence this document is marked for identification purpose as Exh.10.
Doc.7 Police compliant dated 7.4.2015 bearing the original ack. of police station. Hence it is exhibited.
Doc.8 Legal notice issued to the police station without ack. of service. Hence this document is marked for identification purpose as Exh.12.
Doc.9 Original Medical certificate issued by Dr. Trivedi which has to be proved by examining Doctor. Hence this document is marked for identification purpose as Exh.13.Since this Court has fixed 20,30 and 40 years old matters in the month of November, matter adj. for Cross Examination of Plaintiff to 5.12.2018.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-12-2018
Date: 30-10-2018
Business: Dr. Gupta for plaintiff present.
Adv. Pawar for defendant present.
Heard both sides on documents and perused the affidavit.
Doc.3,4,6 are admitted by the Ld. Counsel for defendant in the say given on the list of document Exh.4. Hence they are exhibited.
Doc.1 Original Share certificate in the name of plaintiff. Objection of defendant is that the agreement of sale is not filed on record. Since the share certificate is original, it is exhibited.
Doc.2 Bonafide certificate It is issued by society. It is objected on the ground that the author of the document has not been examined. Hence this document is marked for identification purpose as Exh.9.
Doc.5 Original Will of husband of plaintiff. The plaintiff has to prove the same in accordance with law. Hence this document is marked for identification purpose as Exh.10.
Doc.7 Police compliant dated 7.4.2015 bearing the original ack. of police station. Hence it is exhibited.
Doc.8 Legal notice issued to the police station without ack. of service. Hence this document is marked for identification purpose as Exh.12.
Doc.9 Original Medical certificate issued by Dr. Trivedi which has to be proved by examining Doctor. Hence this document is marked for identification purpose as Exh.13.Since this Court has fixed 20,30 and 40 years old matters in the month of November, matter adj. for Cross Examination of Plaintiff to 5.12.2018.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: Dr. Gupta for plaintiff present and states that the plaintiff is not well and therefore she could not remain present. Time granted.
Defendant with Adv. Yadnyesh Aher present.
Matter adj. for Cross Examination of Plaintiff to 11.01.2019 in second session with connected suit no.2693/2018.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Dr. Gupta for plaintiff present.
Defendant in person present. His advocate absent.
1.00 pm. Later on at 1.15 pm. Dr. Gupta for plaintiff present. Adv. Shah for defendant present.
This Court is pre-occupied in recording evidence in very old matters. Hence it will be proper to appoint Commissioner for recording evidence in this suit. Registrar is directed to appoint the Commissioner for recording evidence. Ld. Counsel for plaintiff is ready to bear the charges of the commissioner. In view of the condition of the plaintiff, the evidence shall be recorded at the joint residence of plaintiff and defendant. The Commissioner shall record the evidence at least once a week. If witness is present and defendant seeks adjournment, plaintiff shall not be liable to share the expenses for that session and vice versa. The plaintiff and defendants are expected to co-operate with the Commissioner for expeditious recording of evidence. Since the matter is of the year 2018, the Commissioner is directed to complete the evidence within 6 months from first date. Parties to appear before the Registrar on 22.01.2019. For the convenience of the advocates, the recording be done after court hours. Matter adj. for Report of Commissioner to 21.03.2019.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 21-03-2019
Date: 11-01-2019
Business: Dr. Gupta for plaintiff present.
Defendant in person present. His advocate absent.
1.00 pm. Later on at 1.15 pm. Dr. Gupta for plaintiff present. Adv. Shah for defendant present.
This Court is pre-occupied in recording evidence in very old matters. Hence it will be proper to appoint Commissioner for recording evidence in this suit. Registrar is directed to appoint the Commissioner for recording evidence. Ld. Counsel for plaintiff is ready to bear the charges of the commissioner. In view of the condition of the plaintiff, the evidence shall be recorded at the joint residence of plaintiff and defendant. The Commissioner shall record the evidence at least once a week. If witness is present and defendant seeks adjournment, plaintiff shall not be liable to share the expenses for that session and vice versa. The plaintiff and defendants are expected to co-operate with the Commissioner for expeditious recording of evidence. Since the matter is of the year 2018, the Commissioner is directed to complete the evidence within 6 months from first date. Parties to appear before the Registrar on 22.01.2019. For the convenience of the advocates, the recording be done after court hours. Matter adj. for Report of Commissioner to 21.03.2019.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 21-03-2019
Date: 21-03-2019
Business: wrongly adjourned to Holiday, Hence adjourned to next date
Reason For Adjournment: court time is over
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 22-03-2019
Date: 21-03-2019
Business: wrongly adjourned to Holiday, Hence adjourned to next date
Reason For Adjournment: court time is over
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Court is on leave
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Dr. Gupta for plaintiff present.
Adv. Pawar for defendant present.
Defendant no.1 is 85 years of age and defendant no.2 is 69 years of age in connected suit no.2693/2018. Hence as per office order no.66/2019 dated 4.4.2019, matter be re-assigned to C.R. No.9.
Ld. Counsel for defendant submits that the commissioner has not provided him signed copy of notes of evidence and it will take time to obtain certified copy. Ld. Counsel for plaintiff submits that the cross of PW-1 has been closed in this Suit by the Commissioner and notes of evidence were provided to other side. Ld. Counsel for defendant at this stage states that he has not completed the cross examination. In view of these statements, both the parties are at liberty to take appropriate steps in accordance with law in their respective suits.
Later on at 11.40 am. Representative of Commissioner present and filed report. Adv. Gupta for plaintiff present. Copy of report served to Ld. Counsel for plaintiff. Copy of the defendant is kept on record.
Matter adj. for Compliance to 25.04.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Advocate Mr. Jeevan Sharma for Plaintiff present and filed an application for substituting original documents filed by Plaintiff with the copies of those documents, t.o.r. O-Other side to say. Plaintiff is directed to serve copy of Exh.15 to Defendants or Defendants advocate.
None present for Defendants.
Advocate Mr. P. G. Sawant, Court Commissioner present.
Case is adjourned to 19/06/2019 for Commissioner\''s report and say on Exh.15.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Adv.Mr.Gupta for Plaintiff present.
Adv.Mr.Pawar for Plaintiff present.
Court Commissioner is present and filed report about cross examination recorded till 30.04.2019
Adv.for defendant argued that commissioner has not shown the documents sought by defendant\''s advocate for the purpose of cross examination. Certified copies of document to PWno.1 were handed over defendant\''s adv.by Court commissioner however, those certified copies documents are misplaced from the custody of Court commissioner. Thereafter I submitted that Court commissioner misplaced certified copies referred by defendant\''s adv. While provided by plaintiffs advocate filed before the court today. Defendant\''s adv. expressed apprehension that in future also the documents referred by defendant will be misplaced from the custody of Commissioner.
Plff adv.submitted that defendant\''s adv.not continued with cross examination and court commissioner is also admitted that document filed by defendant no.1 were lost. In such circumstances considering the submission I find that it will be better the court itself should record further evidence in the matter however, the suit is filed in 2018. Court is over burden and old suits of 1973 onwards are pending before this court and it is the duty of this court to give priority for disposal of the suit which are pending more than 5years, 7 years, 10 years or more. In such circumstances, court accepts cooperation from the parties and it is made clear that further evidence will be recorded by this court in the month of August.
Plaintiff\''s adv. submitted that till the objection raised at the time of cross examination before Court Commissioner are decided certified copy of Commissioner\''s report should not be given to any of the parties. However, defendant\''s adv. submitted that already certified copies of Commissioner\''s report is obtained by defendant. Plaintiff\''s adv.has not pressed Application Exh.15 by writing his endorsement on said application for not pressing it. As application Exh.15 is not pressed its filed.
Case is adjourned for cross examination of PW no.1 to 01.08.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Advocate Dr. Mr. Sunit Gupta for Plaintiff present
Advocate Mr. Yadnesh Aher for Defendant present
K.B. at 4.00 p.m.
Court is busy in hearing NM in suit no.1400/19 and suit stamp no.6760/19, hence case is adjourned to 23/08/2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: None present for Plaintiff.
Defendant present. His advocate absent.
Case is adjourned to 23/10/2019 at 2.45 p.m. for recording of evidence. L.O. at 4.00 p.m.
Advocate Sunit Gupta for Plaintiff present
Advocate Yadnesh Aher for Defendant present
Both learned advocates submitted that instead of 23/10/2019, matter may be fixed on 26/09/2019. Considering submissions adjourned to 26/09/2019 at 2.45 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: None present for Plaintiff.
None present for Defendant.
As NM no.1386/18 is pending, K.B. at 2.45 p.m.
L.O.
Advocate Suneet Gupta for Plaintiff present
Advocate H. T. Pawar for Defendant present
Advocate for both the parties have submitted that there are chances of settlement. Considering submissions I find that there is substance of compromise, hence parties are directed to sign referral letter for referring matter for mediation.
Case is adjourned to 06/11/2019 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Advocate Sunit Gupta for Plaintiff present
Advocate Aher for Defendant present
Report of mediation not received.
Case is adjourned to 11/12/2019 for awaiting mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Advocate Mr. Sunit Gupta for Plaintiff present.
Defendant present.
Mediation report is received as failed t.o.r. and marked as Exh.17.
Case is adjourned to 08/01/2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Advocate Mr. Sunit Gupta for Plaintiff present
Defendant present and submitted that his advocate is held up in Hon\''ble High Court hence matter may be kept back.
L.O. at 4.00 p.m.
Advocate Mr. Sunit Gupta for Plaintiff present
Advocate Mr. Pawar for Defendant present
Case is adjourned to 05/02/2020 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: PW-1 with advocate Mr. Sunit Gupta for Plaintiff present
Defendant present and submitted that his lawyer is suffering from illness hence matter may be adjourned. Plaintiff\''s advocate strongly opposed adjmt on the ground that on last date Defendant has submitted that his lawyer was held up in Hon\''ble High Court however at 4.00 p.m. Defendants advocate Mr. Pawar was appeared and argued NM no.4226/18 from connected suit no.2693/18 and the matter was adjourned for cross-examination. Today also Defendant is seeking adjournment. It seems that Defendant is delaying the matter unnecessarily. Plaintiff is of 86 years and today if Defendant will not record cross-examination of PW-1 court will be compelled to direct Defendant to pay cost of Rs.5000/- to Plaintiff. It is made clear that, if on next date, Defendant will not proceed with cross-examination of Plaintiff court will be compelled to pass no cross order against Defendant.
Case is adjourned, subject to cost of Rs.5000 to be paid by Defendant to PW-1, to 06/03/2020 for Compliance/cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2020
Date: 09-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
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.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2021
Date: 10-11-2020
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.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Mentioned by praecipe. NOB. TOB.
Adv. Dr. Sunil Gupta for plaintiff present. he has tendered application to transfer the suit to C. R. no. 9 because connected suit no. 2693/2018 is already pending in the said Court. Therefore issue request letter to Hon\''ble Principal Judge to reassigned this matter to C. R. No. 9.
Adjd to 16.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2021
Date: 16-01-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv. Shraddha Dube for plff. present.
defendant present and paid cash amount of Rs. 5,000/- to Ld adv. for the plff.
Ld. Adv. for the plff. orally submits that connected Suit No. 2693/2018 is pending in CR No. 9 and this matter be transferred to the same court. in view thereof, Registrar to take steps to re-assign this matter to CR. No. 9
Adjd to 26/03/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Shri Suneet Gupta for plaintiff present.
Adv.Shri.Pawar for defendant present.
This matter is adjourned to 27.04.2021 with connected suit No.2693 of 2018.
Judge.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2021
Date: 27-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2021
Date: 27-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv Mr. Suneet Gupta for plff present and mentioned the matter in the morning session. He submitted that this matter may be kept on 03.09.2021 with connected suit No.2693/2018.
Matter is on the board of afternoon session hence, kept back.
L.O. at 4.15 p.m.
Deft present in person and submitted that his advocate is not available today. Matter be kept on 03.09.2021 with connected suit No.2693/18.
Matter is adjd. to 03.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv Mr. Suneet Gupta for plff present.
Deft present in person and seeks adjournment by submitting that his advocate has not attended the Court for last two dates and if his advocate is not going to appear for him, he will engage another advocate for himself.
By consent, this matter is adjd. for cross examination of PW-1 with connected suit No.2693/18 to 01.10.2021 at 2.45 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None present for plff.
Deft present.
Adv Mr. S.A. Bhagwat for deft present and filed vakalatnama at Exh.18 on behalf of deft.
K.B.
L.O. at 3.20 p.m.
Adv Mr. Suneet Gupta for plff present.
Adv Mr. S.A. Bhagwat for deft present.
This Suit is adjourned with connected suit No.2693/18 as advocate for the plff submitted that he will take necessary steps to hear NM No.1386/2018 which is tagged with suit previously.
Matter is adjd. for evidence p/h to 08.10.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv. Sunil Gupta for plff present and filed appl. Exh.4 return of original documents. O - Call say of defendant.
Adv. Bhagwat for deft present.
Matter is adjd. for Say on Exh.4 / NM hrg. to 22/10/2021.
Next Purpose: REPLY
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: NOBTOB on Court Motion.
Connected suit No.2693/2018 was taken on today’s board by preceipe by the ld. Advocate for the deft therein. Said ld. Advocate Shri Suneet Gupta is appearing for the plff in present suit. Application filed in the present suit on 08.10.2021 by the present plff was wrongly kept with R & P of connected suit No.2693/2018 by marking it as Exh.9. Said mistake is brought to the notice by the ld. Adv. for the plff in the present suit today and hence, said Exh.9 is ordered to be kept with R & P of the present suit as per the order passed earlier today in the roznama of suit No.2693/2018. Accordingly, said application is now kept with R & P of present suit in today’s date. Said application though is mentioned to have filed on 08.10.2021, it was wrongly given Exh.4 in the roznama of previous date. It ought to have been given Exh.19. Accordingly, the application kept today on record of present suit from the record of connected suit No.2693/2018 be marked as “Exh.19” by replacing ‘’Exh.4’’ appearing in the roznama of previous date by making necessary correction in that regard in the roznama of previous date. Likewise, words appearing as “NM hrg.” in the roznama of the previous date be replaced by “evidence p/h”.
Already adjd. to 22.10.2021 for say on Exh.19 and evidence p/h.
Next Purpose: REPLY
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv Mr. Suneet Gupta present for plff. and filed draft NM along with affidavit in support to reopen the hearing of N.M.No.1386/2018 which is marked earlier to be heard along with the suit. O-Leave to register is granted with direction to serve the copy on the other side.
Copy of draft NM and affidavit in support are served on the adv. for deft in the Court today.
Deft present with Adv Mr. Bhagwat for deft. and filed reply in Exh.19/A to application Exh.19.
By consent, matter is adjd. for hearing on Exh.19 to 30.10.2021.
Authenticated copy of this roznama be given to both the parties as per rules.
Next Purpose: HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv Ms. Mriganki Choubey for plff present and tendered registered NM No.2547/2021 along with affidavit in support.
Deft present. Adv Mr. Bhagwat for deft present and filed reply in NM No.2547/2021.
Adv for the plff seeks time to argue NM No.2547/2021 and application Exh.19.
By consent, matter is adjd. for hearing on NM No.2547/2021 and Exh.19 to 26.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Mr. Suneet Gupta for plff present and filed submission of case law along with copy of oral judgment dt.25.11.2021 of Hon’ble Bombay High Court in Writ Petition (L) NO.9374/2020.
Deft present in person and filed one document with list Exh.20.
Copy of document supplied to the adv. for the plff.
Defendant requested to keep back the matter by submitting that his advocate is coming. Since the court has to take up other matters, it is not possible to keep back this matter.
Adv for the plff requested for short date. O- His request is accepted.
Matter is adjd. for hearing in NM No.2547/2021 and for hearing on application Exh.19 to 16.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for plff.
Deft present with his Adv Mr. Bhagwat.
K.B.
L.O. at 3.00 p.m.
Adv Mr. Gupta present for plff. and filed notes of argument alongwith compilation of case laws.
Deft present with his Adv Mr. Bhagwat.
Copies of notes of arguments and case laws served on the adv. for the deft.
Court is busy in Judgments in suit No.3022/2018 and 1296/2019 hence, this matter is adjd. to 10.01.2022 for hearing in NM No.2547/2021 and application Exh.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Punit Gupta for plaintiff present.
Rajkamal Chavan Clerk of adv. Bhagwat for defendant present and filed application Exh.21 for adjournment. Advocate for the plaintiff though objected the application, he endorsed on the application that in view of the personal reason, application may be allowed.
Advocate for the plaintiff submitted that plaintiff is aged 90 years. On his request, matter is kept for hearing on NM No.2547 of 2021 and application Exh.19 to 13.01.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Suneet Gupta present for plff.
Adv Mr. Bhagwat present for deft.
By consent, matter is adjd. for NM hearing to 18.01.2022.
Authenticated copy of this roznama be given to both parties as per rules.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Suneet Gupta present for plff.
Adv Mr. Bhagwat present for deft.
Adv for the plff submitted that affidavit will be filed on next date for stating the purpose for which, the documents mentioned in application Exh.19 are being claimed back by the plaintiff. He seeks time to argue pending NM.
By consent, matter is adjd. for filing affidavit in application Exh.19 and NM hearing to 10.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 18-01-2022
Business: Adv. Suneet Gupta present for plff.
Adv Mr. Bhagwat present for deft.
Adv for the plff submitted that affidavit will be filed on next date for stating the purpose for which, the documents mentioned in application Exh.19 are being claimed back by the plaintiff. He seeks time to argue pending NM.
By consent, matter is adjd. for filing affidavit in application Exh.19 and NM hearing to 10.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Suneet Gupta for plaintiff present and mentioned the matter in the Morning Session.
He filed draft Chamber Summons alongwith affidavit in support for adding the daughter of plaintiff as plaintiff No.2 in the suit. O-leave to register is granted with direction to serve the defendant.
He also filed additional affidavit in Notice of Motion No.1386 of 2018 and Notice of Motion No.2547 of 2021. TOR with direction to supply copy to the defendant.
He also filed affidavit in support of application Ex.19. TOR with direction to supply copy to the other side.
Matter is on afternoon board hence, KB.
LO at 2.00 p.m.
None present for plaintiff.
Adv. Bhagwat for defendant present and filed draft Notice of Motion alongwith affidavit in support for dismissal of the suit/registration of plaint under Order 7 Rule 11(a) of Civil Procedure Code. O-Leave to register is granted.
KB
LO at 2.30 p.m.
Adv. Suneet Gupta for plaintiff present and tendered registered Chamber Summons No.170/2022 alongwith affidavit in support.
Advocate Bhagwat for defendant present and tendered registered Notice of Motion No.493 of 2022 alognwith affidavit in support.
By consent, matter adjourned for NM reply, Chamber Summons reply, Counter affidavit if any by defendant in Exh.19 and for additional affidavit if any by defendant in NM No.2547 of 2021 to 05/03/2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv Shraddha Dubey h/f Adv Suneet Gupta present for plff.
Adv S.A. Bhagwat present for deft. and filed affidavit in reply by mentioning NM No.1386/2018 and NM No.2547/2021
He also filed affidavit in reply by mentioning NM No.1386/2018 and NM No.2547/2021 and Ch/s No.170/2022.
He also filed additional affidavit in reply in Exh.19
He also filed affidavit in reply in Ch/s No.170/2022.
Copies given to the adv for the plff.
Adv for the plff filed reply in NM No.493/2022.
Copy given to the adv for deft.
By consent, matter is adjd. for hearing in NM, Ch/s and Exh.19 to 28.03.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 28-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Mr. Gupta present for plff.
Adv Mr. Bhagwat present for deft.and filed affidavit in NM No.493/2022.
Court is busy in other matters hence, matter is adjd. for argument to 28.04.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv Mr. Suneet Gupta present for plff.
Adv Mr. Bhagwat present for deft. and filed one document containing page Nos.1 to 110 in NMNo.493/2022.
This Court is of the opnion that NM No.493/2022 taken out by the deft and Ch/s No.170/2022 taken out by the plaintiff can be heard decided together.
Heard arguments of advocates for both sides in NM No.493/2022 and Ch/s No.170/2022.
Matter is adjd. for order in NM No.493/2022 and Ch/s No.170/2022 so also, for hearing in NM No. 2547/2021 to 02.05.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: None present for plff.
Adv Mr. Bhagwat present for deft.
K.B. for order.
L.O.
Adv Mr. Suneet Gupta present for plff.
None present for deft.
F.R.S.R. following common oral order is passed in Ch/s No. 170/2022 and N.M. No.493/2022
ORDER
Notice of Motion No.493 of 2022 is dismissed.
Chamber Summons No.170 of 2022 is allowed as under.
Daughter Jayashree V. Kamat of the plaintiff is allowed to be added as plaintiff No.2 in the suit.
Necessary amendment to that effect be carried out in the plaint on or before next date.
After carrying out the amendment, copy of amended plaint shall be served on the defendant.
----
Matter is adjd. for compliance to 21.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: BY PRECIPEE
Adv.S.A.Bhagwat for deft. present and filed application for taking case on today\''s board. TOR and marked as Exh.22. O-Allowed.
The deft.filed additional written statement in response to the amendment carried out vide chamber summons No.170/2022 t.o.r. marked as Exh.23.
He submits that copy is already served to the plaintiff. Keep on schedule date.
Matter already adjd to 21.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 62)
Adv. Suneet Gupta for plaintiff present and filed xerox copy of order of Hon High Court in writ petition no. 3731 of 22 with application and list of documents t.o.r. marked as Exh 24 - allowed.
None for defendant
Matter is adjd to 28-06-2022 for NM Reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2022
Date: 21-06-2022
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 62)
Adv. Suneet Gupta for plaintiff present and filed xerox copy of order of Hon High Court in writ petition no. 3731 of 22 with application and list of documents t.o.r. marked as Exh 24 - allowed.
None for defendant
Matter is adjd to 28-06-2022 for NM Reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv.Suneet Gupta for plaintiff present.
Adv.S.A. Bhagwat for defendant present.
Defendant filed list of documents t.o.r. and marked as Exh.25.
Heard both the sides in NM No.2547/21 and NM 1386/18.
Matter adjd to 14.07.2022 for order on both NM.
Next Purpose: NM ORDERS
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Suneet Gupta for plaintiff present.
Defendant present and tendered registered NM No. 2316/22 along with affidavit in support. T.O.R
Plaintiff filed reply in NM No. 2316/22. T.O.R. marked as Exh. 26. Copy of same is received by defendant.
Due to paucity of time matter is adjourned.
Adjd for NM orders to 11/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2022
Date: 14-07-2022
Business: Adv. Suneet Gupta for plaintiff present.
Defendant present and tendered registered NM No. 2316/22 along with affidavit in support. T.O.R
Plaintiff filed reply in NM No. 2316/22. T.O.R. marked as Exh. 26. Copy of same is received by defendant.
Due to paucity of time matter is adjourned.
Adjd for NM orders to 11/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2022
Date: 14-07-2022
Business: Adv. Suneet Gupta for plaintiff present.
Defendant present and tendered registered NM No. 2316/22 along with affidavit in support. T.O.R
Plaintiff filed reply in NM No. 2316/22. T.O.R. marked as Exh. 26. Copy of same is received by defendant.
Due to paucity of time matter is adjourned.
Adjd for NM orders to 11/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv.Dr.Sumeet Gupta for plaintiff present.
KB
LO at 04.00 noon
Adv.Bhagwat for deft. present. He filed rejoinder in NM No.2316/22 t.o.r. and marked as Exh.27. He undertakes to serve the copy of Exh.27 to the plaintiff.
KB
LO at 04.20 pm
Adv.Bhagwat for deft. present.
KB for order.
LO at 05.30 pm
Defendant No.1 present.
F.R.S.R. the following order is passed.
ORDER
1.Notice of Motion No.2547/2021 is allowed.
2.Plaintiff is allowed to re-open the hearing of Notice of Motion No.1386/2018. On 28.06.2022 both the parties have also advanced their arguments in Notice of Motion No.1386/2018. Hence, Notice of Motion No.1386/2018 shall be kept for order.
3.Parties are allowed to make additional submission, if any, in respect of Notice of Motion No.1386/2018.
4. Notice of Motion No.2547/2021 is disposed of accordingly.
Matter adjd to 30.08.2022 for Order in NM 1386/18.
Next Purpose: NM ORDERS
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv.Sunil Gupta for plaintiff present. He filed citations. Heard Adv.Sunil Gupta on citations. The defendant to make submissions on citations.
KB
LO at 03.00 pm
Defendant present. His adv. Absent.
Matter adjd to 29.09.2022 for defendants submission on citation.
Next Purpose: CIATATION
Next Hearing Date: 29-09-2022
Date: 30-08-2022
Business: Adv.Sunil Gupta for plaintiff present. He filed citations. Heard Adv.Sunil Gupta on citations. The defendant to make submissions on citations.
KB
LO at 03.00 pm
Defendant present. His adv. Absent.
Matter adjd to 29.09.2022 for defendants submission on citation.
Next Purpose: CIATATION
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: None present plaintiff.
Defendant present.
Advocate Sandip Bhagwat for defendant present.
Heard arguments of defendant on citations.
Matter adjd to 18.10.2022 for order on NM No.1386/18.
L.O. at 3.15 p.m.
Advocate Shraddha Dubey h/f Suneet Gupta for plaintiffs present.
Next Purpose: NM ORDERS
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv.Sunil Gupta for plaintiff present.
None present for deft.
KB
LO at 05.00 pm
As Court is busy in hearing in SU 7600/98 hence, matter is adjd to 26.11.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: As Holiday on 26.11.2022 hence matter adjourned to 10.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Defendant present.
Adv.Suneet Gupta for plaintiff present.
KB
LO at 03.20 pm
Same appearance.
Matter adj. to 12.12.2022 for order in NM 1386/18 and hearing in NM 2316/22.
Next Purpose: NM ORDERS
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court is on leave hence matter Adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: (NOBTOB) (By preceipe moved by the plaintiff (Exh.28)-allowed)
(Incharge Court Room No.62)
Adv.Sunil Gupta for plaintiff present and submitted to keep the matter on 22.12.2022 with suit no.2693/18. As both suits are between the same parties, both suit be taken up for hearing on 22.12.2022. The plaintiff is directed to intimate the defendant or their advocate or both.
None for defendant.
Matter is adjd. to 22-12-2022 for NM hrg and Order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2022
Date: 21-12-2022
Business: (NOBTOB) (By preceipe moved by the plaintiff (Exh.28)-allowed)
(Incharge Court Room No.62)
Adv.Sunil Gupta for plaintiff present and submitted to keep the matter on 22.12.2022 with suit no.2693/18. As both suits are between the same parties, both suit be taken up for hearing on 22.12.2022. The plaintiff is directed to intimate the defendant or their advocate or both.
None for defendant.
Matter is adjd. to 22-12-2022 for NM hrg and Order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv.Sunit Gupta for plaintiff present.
Defendant present. His Adv. absent.
On 12.12.2022 element of settlements were discussed. The defendant sought time for consideration. Today also he requested for time. He submitted that during Christmas Vacation he will discuss with his sisters. The Ld.Adv.for the plaintiff opposed to adjourned the matter for the same. NM No.1386/2018 is already for orders, hence, suit is adjourned for order in NM 1386/2018 and hearing of NM 2316/22 to 09.01.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Defendant present.
Adv.Suneet Gupta for plaintiff present.
Adv.Sandeep Bhagwat for defendant present.
KB
LO at 03.40 pm
Adv.Suneet Gupta for plaintiff present.
Adv.Sandeep Bhagwat for defendant present.
KB for orders
LO at 05.25 pm
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.1386/2018 is dismissed.
2. Costs shall follow the event.
Matter adjd to 30.01.2023 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Adv.Suneet Gupta for plaintiff present.
Adv.Sandeep Bhagwat for defendant present.
Heard both the sides submission on Exh.19.
Matter adjd to 04.03.2023 (at morning) for order on Exh.19 and cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Defendant present
Adv.Suneet Gupta for plaintiff present.
Adv.Bhagwat for defendant present.
ORDER ON EXH.19
Read the application. Read the reply. Already heard both parties. The plaintiff requested for return of documents stated in paragraph Nos.1a, b, c of the application. The defendant has raised objection that cross-examination of the plaintiff is pending and originals are require for the cross-examination. The documents requesed by the plaintiff is original share certificate. Copy of death certificate, copy of will. The plaintiff can obtain extra copy of death certificate from the conern authority. The original share certificate and will are material documents. The Ld.Adv.for the defendant already submitted that he will finish the cross-examination of PW-1 within one seating. Today the Ld.Adv.for the plaintiff submitted that the PW-1 is not able to attend for recording cross-examination. He is likely to opt for recording of cross-examination through Court Commissioner. From the facts and circumstances it appears that the cross-examination of PW-1 will be completed within short period. It is not yet clear whether the cross-examination of PW-1 will be through Court Commissioner or in the Court itself. The Ld.Adv.for the plaintiff today also submitted that he will close the evidence of PW-1, hence, under this circumstances I am of the view to keep the application Exh.19 under consideration till next date.
Matter adjd to 25.04.2023 for order on Exh.19, further cross of PW-1, steps by plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Dr. Suneet Gupta for plaintiff present.
Adv. Sandip Bhagwat for defendant present.
Advocate for plaintiff tendered application for appointment of court commissioner. TOR. Exh.29.
Copy served to the defendant.
Matter adjd to 29.04.2023 for reply on Exh.29.
Next Purpose: REPLY
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv. Dr.Suneet Gupta for plaintiff present.
Defendant present and filed reply to the application Exh.29. TOR and marked as Exh.30. Copy of same is received by Adv.for plaintiff.
KB
LO at 11.45 am,
Defendant present.
Adv. Dr.Suneet Gupta for plaintiff present.
Adv.Sandeep Bhagwat for defendant present.
Heard both parties on Exh.29.
ORDER ON EXH.29
Read the application and reply. In this case by order dated 11.01.2019 Court Commissioner was appointed. After recording of cross-examination of PW-1 partly the case was before this Court for recording of further cross-examination of PW-1. Read the submissions recorded in roznama dated 18.03.2023. The plaintiff - PW-1 is old aged person. It is not proper for the witness to compel her to attend the Court for cross-examination. If it is suitable for the witness to record the further cross-examination through Court Commissioner then considering her advance age such request shall be allowed. Adv. for the defendant in submission dated 18.03.2023 and in the reply has stated that he will require only one sitting to finish the cross-examination. Hence, it will be just and proper to appoint the Court Commissioner to record the further cross-examination. Hence, I pass the following order.
ORDER
1. Issue writ of commission to the same Court Commissioner (Adv.Shri Pravin G. Sawant) who has recorded earlier cross-examination of PW-1.
2. Parties to attend the hearing before the Court Commissioner for recording further cross-examination of PW-1 on 10.06.2019.
3. The Court Commissioner shall inform the parties about time of recording of cross-examination scheduled on 10.06.2023. The venue for recording of cross-examination will be same where the earlier cross-examination was recorded.
4. After recording of cross-examination, the Court Commissioner shall file report thereof in the Court.
5. The plaintiff to pay commission fee to the Court Commissioner and submit the receipt thereof to the Court.
6. Issue writ of commission accordingly.
Matter adjd to 17.06.2023 for commission report.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Adv. Dr. Sunit Gupta for plaintiff present and filed application seeking permission to allow the cross examination of the plaintiff no. 1 who has been operated for the fracture of left neck femur on 30-04-2023, discharged on 04-05-2023 and currently residing with her married daughter’s residence at flat no. 7, Kashmira Apartment, 4th floor, Swastik Park, Chembur, Mumbai on commission at said residence in Chembur Mumbai – The defendant in person presnt and opposed the application contending that yesterday he had talk with his sister, at whose residence at Chembur, Mumbai the plaintiff no. 1 is currently staying and his sister told him that their mother i.e. plaintiff no. 1 would be returning to her residential house situated in Makrand society, Mumbai, Mahim, within eight days and hence conveyniently the further cross examination of the plaintiff no. 1 can be conducted on commission by his counsel at residence at Mahim. He would also contend that since he is not on good terms with his brother in law (Sister’s husband)he cannot visit his residence at Chembur Mumbai to conduct cross examination of plaintiff no. 1. After considering the submissions of the parties I deem it just and appropriate, to keep this application pending till 27-06-2023 for passing appropriate order.
Matter is adjd.to 27-06-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Adv. Sunit Gupta for plaintiff present.
Adv Bhagwat for defendant present.
Defendant in.person present.
Exh.32 Adv of plaintiff filed evidence closed pursis of PW.1 O. other side to say.
KB. L.O. at 1.05 P.M.
Exh.33 Adv for plaintiff filed precipe for exempt the presence of advocate.
KB. Lo at 3.15 P.M.
Adv. Bhagwat for the defendant present.
None for the plaintiff.
Adv. Mr. Bhagwat filed say on Exh.32 contending that PW.1 is under the corss.examination on commission.But the since the PW.1 due to her being suffer texture has shifted to the residence of her daughter and she is thus Panvel he may corss.examination on her resume her residnece at Mahim residence. He would also point out that the NM 2316/22 for the staying the present suit till the final disposal of the High Court suit No. ( L No. 29625 of 2021 Final No. is 228 of 2023) is also pending for consideration. The plaintiff advocate being absent the matter is adjourned for hearing on Exh.32 and Said NM 2316/22.
Matter is adjd.to 17.07.2023 for hearing on Exh.32 and NM No. 2316/22 at 2.45 P.M.
Next Purpose: HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Adv. Sunil Gupta for plaintiff present.
Adv. Bhagwat for defendant present.
Heard the The Ld. Counsel which regard to application Exh. 19 and Exh. 32.
Matter is adjd.to 24-08-2023 for order on Exh. 19 and
Exh. 32. afternoon session 2.45 pm
Next Purpose: ORDER
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Adv. Suneet Gupta for plaintiff present.
Defendant in person present.
F. R. S. R following order is passed below Exh.19 is as follows.
Application Exh. 19 deserves to be partly allowed so far as original share certificate and will are concerned, subject to the conditions and stipulations contemplated in clause (a) and (b) to first proviso to sub-rule (1) of Rule 9 of Order 13 of CPC as indicated above. The application stands accordingly disposed of.
Matter is adjd.to 30-09-2023 for NM hearing. At 11.00am
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: None for plaintiff.
Defendant in person present.
Matter is adjd.to 10-11-2023 for 11.00am
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Court is on half day leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Defendant in person present.
Adv. Sharma for plaintiff present.
Matter is adjourned to 18-01-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Adv. Suneet Gupta for plaintiff present.
Defendant in person present and filed adjournment application t.o.r. marked as Exh. 32
The Ld. Counsel for plaintiff opposed the application. After the considering the matter I deem it just and appropriate to allow the application as a last chance.
Matter is adjourned to 28-02-2024 for NM Hrg. 11.00am
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Adv. Sunil Gupta for plaintiff present.
Adv. Sandeep Bhagwat a/w defendant present.
On the request of plaintiff counsel, matter adjourned.
Matter is adjourned to 13-03-2024 for NM Hrg. 11.00 am
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. Sunit Gupta for Plaintiff present.
Adv. Bhagwat for defendant alongwith defendant present.
k.b.
Later on 12.45 p.m.
Heard the Ld. Counsel for the both the parties in NM No. 2316/22 matter adjourned for order on said NM.
Matter is adjourned to 22-03-2024 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: None for plaintiff.
None for defendant
As court is busy in hearing in other matters.
Matter is adjourned to 02-04-2024 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: None for plaintiff.
None for defendant
As Court is busy in hearing in suit no. 2056/24 and Su no. 4248/24. Hence, Matter is adjourned to 06-04-2024 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Adv. Suneet Gupta for plaintiff present.
None for defendant
F. R.S.R. following order passed -
ORDER
1. NM No. 2316 of 2022 stands dismissed.
2. The trial of the suit shall proceed further.
3. NM No. 2316 of 2022 stands disposed of accordingly.
Matter is adjourned to 19-06-2024 for further R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: None for plaintiff.
Adv. Sandip Bhagwat a/w defendant present.
Matter is adjourned to 19-07-2024 for cross examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Adv. Suneet Gupta for plaintiff present.
Adv. S. A. Bhagwat a/w defendant present.
Matter is adjourned to 22-08-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv. Mr. Suneet Gupta for plaintiff present.
Adv. Mr. S.A. Bhagwat alongwith defendant present.
Matter is adjourned to 26.09.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Adv. Suneet Gupta for plaintiff present.
Adv. Sandip Bhagwat a/w defendant present and submitted that cross-examination of PW.1 is not completed before the Court Commissioner because on each and every question plaintiffs counsel is taking objection. To this plaintiff\''s counsel submitted that now he will not pay the commissioners fees hence forth for the reason defendants counsel is unnecessarily wasting the time of Court commissioner. The statement made by both the counsels taken on record.
Adv. Manish Borade h/f Court Commissioner Adv. Pravin Sawant is present and filed report. It is taken on record and marked as Exh.33.
Copy of the same furnished to both the sides.
Matter is adjourned to 17.10.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: Adv. Vinay Singh for plaintiff present.
Adv. S. A. Bhagwat for defendant present.
By Consent matter is adjourned to 18-11-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: Adv. Suneet Gupta for plaintiff present.
Defendant in person present.
Matter is adjourned to 22.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: None for plaintiff.
Adv. S. A. Bhagwat for defendant present.
Matter is adjourned to 17.02.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: Adv. Suneet Gupta for plaintiff present.
Adv. Sandip Bhagwat for defendant present.
Matter is adjourned to 05.03.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: Adv. Sunit Gupta for plaintiff present.
Defendant in person present and tendered draft NM a/w affidavit in support. O- Leave granted to register NM
atter is adjourned to 05.04.2025 for NM reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: PO is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Defendant in person present and tendered registered NM 1557/25 alongwith affidavit in support.
Copy of the same furnished to other side.
Matter is adjourned to 23-06-2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Adv. Gupta for plaintiff present.
Defendant in person present.
Heard plaintiff on NM No. 1557/2025.
Matter is adjourned to 25.08.2025 for NM hearing on defendants Side.
Next Purpose: HEARING
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: Adv. Suneet Gupta for plaintiff present.
Adv. Rajkamal Chouhan for defendant present.
KB
Later on at 4.20 pm
Adv. S.A.Bhagwat for defendant present.
Heard both sides.
The adv. for plaintiff to inform the Court whether the plaintiff can come to the Court for her cross-examination on 11.09.2025.
Matter is adjourned to 11.09.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: Adv. Suneet Gupta for plaintiff present.
Adv. Rajkamal Chauhan for defendant present.
Matter is adjourned to 19.11.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Suneet Gupta for plaintiff present.
Adv. Rajkamal Chauhan for defendant present.
Matter is adjourned to 06-01-2026 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: Adv. Suneet Gupta for plaintiff present.
Adv. S. A. Bhagwat for defendant.
Kept Back for hearing.
Later on at 03.35 pm
Adv. Suneet Gupta for plaintiff present.
Adv. S. A. Bhagwat for defendant.
Heard both sides on NM no. 1557/2025.
Matter is adjourned to 17.01.2026 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-01-2026
Date: 17-01-2026
Business: P.O.is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 19-01-2026
Date: 19-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Suneet Gupta for plaintiff present.
Adv. Rajkamal Chauhan for defendant present.
F.R.S.R. following order is passed in NM No. 1557/2025
ORDER
1. Instant Notice of Motion is made absolute in terms of prayer clause (b).
2. Earlier order regarding Commission will continue.
3. Accordingly Notice of Motion no. 1557/2025 stands disposed off.
Matter is adjourned to 09.03.2026 for await commissioners report.
Next Purpose: REPORT
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
By speaking to minutes the Court Commissioner, pointed out that in the Operative order of NM 1557/2025, it has been wrongly mentioned that it is made absolute in terms of prayer clause (b), instead it should have been prayer clause (a) accordingly, same is corrected in the order as well as the roznama dated 19.01.2026.
Matter is already adjourned to 09.03.2026 for await commissioners report.
Next Purpose: REPORT
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Karuna Goswami h/f Adv. Suneet Gupta for plaintiff present.
Adv. Rajkamal Chauhan i/b Adv. S. A. Bhagwat for defendant present.
Kept Back.
Later on at 11.50 am
Adv. Suneet Gupta for plaintiff present and seeking time to take steps.
Adv. Rajkamal Chauhan i/b Adv. S. A. Bhagwat for defendant present.
Matter is adjourned to 30.03.2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: Advocate Suneet Gupta for plaintiff present.
Advocate R.P. Chauhan i/b Advocate S.A. Bhagwat for defendant is present.
Kept back
Later on at 3.25 P.M.
Advocate Suneet Gupta for plaintiff present and tendered draft chamber summons alongwith affidavit in support. O- Leave is granted to register Chamber summons. Copy served to other side.
Advocate R.P. Chauhan i/b Advocate S.A. Bhagwat for defendant is present and seeks time to file reply to C/S.
Matter is adjourned to 04.04.2026 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
At 11.28 am
Adv. Sumeet Gupta for plaintiff present and tendered registered CS 810/2026 alognwith affidavit in support.
Defendant in person present.
Kept Back.
Later on at 02.45 pm
None for plaintiff.
Adv. R. P. Chauhan i/b Adv. S. A. Bhagwat alongwith defendant present and tendered affidavit in reply in CS no. 810/2026. It is taken on record and marked as Exh.34.
Advocate for defendant is directed to supply the copy of reply to advocate for plaintiff.
Matter is adjourned to 04.05.2026 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-05-2026
Date: 04-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.25 pm
Adv. Suneet Gupta for plaintiff present.
Adv. Rajkamal Chauhan i/b Adv. S.A. Bhagwat for defendant present.
Matter is adjourned to 16.06.2026 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: P.O. is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 01-08-2026
Date: 01-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Suneet Gupta for plaintiff present.
Adv. Rekha Jaiswar alongwith defendant present.
As suit No. 680/2018 is adjourned hence matter adjourned.
Matter is adjourned to 05.09.2026 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 05-09-2026
Date: 05-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
As per office order No. 270 of 2026, 05th of September, 2026 is holiday.
Matter is adjourned to 15.10.2026 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-10-2026