Tulshabai Maruti GiriVsJitendra Maruti Giri +1 more

Date: 22-03-2019
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Ms. Mansi Jaiswal for plaintiff present.
Tendered original writ of summons. t.o.r.
Adv. Mr. Hardik Desai for defendant present and filed vakalatnama. t.o.r.
He also tendered draft N/M. Seeking leave to register.
O- Leave granted for registration.
As court is busy in dictating judgment in SU no. 6631/84. Hence, board discharged.
Case is adjourned to 27.9.2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Advocate C. J. Chauhan for Plaintiff present and submitted that bailiff\''s report about service of writ of summons upon Defendant is filed and original writ of summons is also filed on record.  Considering submissions Plaintiff is directed to file affidavit of service of writ of summons.  Original writ of summons be returned to Plaintiff\''s advocate for filing affidavit of service of writ of summons.  As Notice of Motion taken out by Defendant for condonation of delay caused for filing Written Statement is pending hence kept back at 2.45 p.m.
L.O.
Advocate for Defendant filed registered Notice of Motion no.3617/2019 with affidavit in support, t.o.r.
Court is busy in hearing NM argument in suit no.9376/95 and court has to hear NM in suit no.4935/12, hence board of second session is discharged and case is adjourned to 05/12/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Advocate Mr. C. J. Chauhan @ Plaintiff present and submitted that on next date he will file reply to NM taken out by Defendants for condoning delay caused in filing their Written Statement.
None present for Defendants.
Case is adjourned to 26/02/2020 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Advocate C. J. Chauhan for Plaintiff present and sought time to file NM reply. Considering submissions adjourned.
Advocate Hardik Desai for Defendant present
Case is adjourned to 24/06/2020 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020

Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present for Plaintiff.
Adv Ms. Phanse h/f Adv Mr. Hardik Desai for Deft present.
As nobody is present for Plaintiff, considering the present pandemic condition mater is adjd. for reply to Notice of Motion  to  22.03.2021.
L.O.
Adv Mr. Chavan for Plaintiff present and seeks time to file reply to Notice of Motion of Defendant.
Already adjd. to 22.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv Mr. C.J. Chavan for plff present.
Deft No.2 present.  Advocate for deft absent.
On request of deft No.2, by consent, matter is adjd. for NM hearing to 26.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None present for both parties.
Despite granting sufficient opportunities, plaintiff failed to file reply. Hence NM No.3617/19 to proceed without reply of the plaintiff.
Matter adjd for NM hearing on 14/12/2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None present for plff.
Adv Ms. Yashvi Panchal present for defts.
Heard argument of adv. for defts in NM No.3617/2019.
Plff failed to file reply to the said NM hence, statement made by defts  in the affidavit filed in support of the NM have gone record unchallenged. It does not appear that there is intentional fault on the part of the defts in not filing the written statement within statutory prescribed by O-8 R-1 C.P.C. considering it and the fact that plffs failed to contest the NM NO.3617/2019 is allowed in terms of its prayer clause “a” and “b” subject to cost of Rs.1000/-.
Defts shall either directly pay  the amount of cost to the plff or shall deposit it in the Court on or before next date.
Matter is adjd. for compliance to 10.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv. Chandrashekhar Chavan for plaintiff present and tendered original writ of summons alongwith bailiff report.
None present for deft.
Matter is adjourned for compliance to 06.04.2022.
Judge
LO at 3.35 p.m.
Defendant No.2 Vaishali Giri present in person and submitted that cost is paid.
Matter is already adjourned to 06.04.2022.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None present for plff.
Adv Mr. Hardik Desai present for deft.Nos.1 and 2 and submitted that deft Nos.1 and 2 have deposited the amount of cost in the Court as per order dt.14.12.2021 passed in NM No.3617/2019.
Since the order is complied with, WS of deft Nos.1 and 2 is taken on record and marked as Exh.3.
Matter is adjd. for draft issues to 04.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Both parties absent.
Draft issues not filed.
Matter adjd to 07.09.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None present for both sides.
Draft issues are not filed.
Matter adjd to 05.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: None present for both sides.
KB
LO at 05.45 pm
As Court is busy in hearing interim motion, hence, adjourned.
Matter adjd. to 25.01.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: None present when called.
Matter adj. to 18/03/2023 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present for both sides.
Issues are framed at Exh.4.
Matter adjd to 21.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Adv. C. J. Chavan for plaintiff present.
Adv. Hardik Desai for defendant present.
on oral request of plaintiff matter adjourned.
Matter is adjd.to  18-08-2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: None for plaintiff.
Adv. Disha Thakkar for defendant present.
Matter is adjd.to 27-09-2023 for R/E by plaintiff as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: None for plaintiff.
Adv. Tanishq Verma for defendant present.
From the perusal of the record, it appears that though the issue framed on 18-03-2022, the burn of proving which is on the plaintiff. She failed to adduce evidence on last two days i.e. 21-06-2023 and 18-08-2023. Today also none present from plaintiff to adduce evidence in the matter. The plaintiff seems to be mother of defendant no. 1 and mother in law of defendant no. 2. The plaintiff is seeking eviction of the defendants from the suit premises and also a decree of perpetual injunction against them. The plaintiff claims to be a senior citizen and age about 72 years when the suit was filed in the year 2019.  Considering this aspects I deem it just and appropriate to give the plaintiff last chance to proceed with the matter, failing which the suit shall be dismissed in default. The matter stand adjourned to 23-10-2023
Matter is adjd.to 23-10-2023 for R/E and dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: None for plaintiff present.
Adv. Desai for defendant present.
Matter is adjd.to 1-11-2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 16-12-2023 for dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: None for plaintiff.
None for defendant.
From the perusal of the record, it is seen that though the issues have been framed on 18-03-2023, the plaintiff is avoiding to adduce evidence in the matter since last more that six dates and though the matter has been posted for dismissal order since last three dates. It is thus obvious that the plaintiff has lost her interest in prosecuting the suit against the defendant. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed.
Nature Of Disposal: OTHER
Disposal Date: 16-12-2023

NOTICE OF MOTION/103617/2019

Registration Number: 100545/2019
Transfer Date: 15-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100545/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 101277/2019
Filing Date: 30-01-2019
First Hearing Date: 22nd March 2019
Decision Date: 16th December 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE