Mahesh Kumar Jain Kundanmal JainVsKutch Kothara Madarasa +3 more

Date: 13-03-2019
Business: Adv. Tariq Choaudhary for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. He undertakes to serve the copy to the other side by next date. Ld. Counsel for plaintiff seeks time to file affidavit of service. Time granted.
None for defendant.
Matter adj. for Affidavit  of Service to 26.07.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: None present for plaintiff.
Defendants are absent.
Affidavit of service not filed.
LO - Adv Choudhary for plaintiff. He filed original N/M No.2745/19 and affidavit of Motion.  He also filed affidavit service.
Adv. Poonam Tiwari for D-4  is present.
Adj for reply to motion  to 25.9.2019
Next Purpose: REPLY
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv. Tarik Caudhari for plaintiff present.
None present for defendant.
Matter stands Adj for reply to 17.10.19.
Next Purpose: REPLY
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Tarak Chaudhari for plaintiff present.
Adv. Shirish Sigwan for defendant no. 4 present and filed VP and sought time to file reply. Time granted.
Vakalatnama filed on behalf of defendant no. 4.
Heard both sides.
Ld. counsel for plaintiff submitted that defendant no. 1 to 3 have been duly served as per affidavit of service, but they are absent. There is urgency in the matter as defendants are likely to create third party interest in the suit property. He submitted that interim protection may be given to the plaintiff in terms of clause (b) and (c) of the prayer clause  and matter should proceed ex-parte against defendant no. 1 to 3.
I have perused the affidavit of service and remark on the envelope sent to defendant no. 1. It is returned unclaimed. Address is correct. Hence, it is deemed service. Defendant no. 2 and 3 have been duly served as per postal receipt/track record filed on record. Hence, suit and NM proceed ex-parte against defendant no. 1 to 3.
Matter stands Adj for reply to NM on 03.12.19.
Next Purpose: REPLY
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. Tarak Chaudhari for plaintiff present.
Adv. Poonam Tiwari for defendant no. 4 present.
Matter stands Adj for reply to 04.01.2020.
Next Purpose: REPLY
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Tarique Chaudhari for plaintiff present.
None present for defendant.
Reply not filed by defendant no. 4. Hence, NM proceeds without reply to NM.
Matter stands Adj for hearing on NM without reply to  27.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM hearing to 28.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Advocate Shirish Shigwan h/f adv. Tariq Choudhary for plaintiff present and submits that defendant no.2 is no more. He seeks time to take out Chamber summons.
Time is granted.
None for defendant no.4.
The case is adjourned to 09.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None present.
The case is adjourned to 27.04.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Matter called out at 02.58 p.m.
Adv. Z. I Jafri h/f Tariq Chaudhary for plaintiff present.
He is seeking time to take steps to bring legal heir of Defendant. No. 2 on record. Time granted.
Adv. for defendant absent.
Matter stands adjourned to 22.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Matter called out at 2.47 p.m.
None present.
Matter stands adjourned to 13.12.2021 for steps.
Later on at 2.50 p.m.
Advocate Tariq Chaudhary for plaintiff present.
Already stands adjourned to 13.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Tariq Chaudhary for plaintiff present.
He tendered draft CS.
O-Leave granted to register.
None present for defendant.
As court is busy in recording evidence in SU No.7250/05.
Therefore, matter stands adjourned to 10.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Matter called out at 2.40 p.m.
Adv. Mooman h/f Adv. Tariq Choudhary for plaintiff present. She wanted to tender reg. CS.  She has already served copy to the other side.
She is allowed to file aforesaid reg. CS to the dept which will come to this court as per SOP.
None present for defendant.
Matter stands adjourned to 14.02.2022 for CS reply.
Later on Advocate for plaintiff tendered reg. CS No.57/22.  TOR.
Already adjourned to 14.02.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Matter called out at 3.16 p.m.
Adv. Tariq Chaudhary for plaintiff present.
Adv. Vishal Mehta for Deft. No.2 to 4 present.
Heard both the sides on CS no.57/22.
During pendency of the suit, Deft. No.2 expired on 08.11.2020. Plaintiff seeking  to bring LRs of Deft. No.2. Looking to the nature of the suit, right to sue survive. Hence, CS needs to be allowed.
Thus, I pass the following order.
1.  CS 57/22 is allowed in terms of prayer clause (a) (b) (c).
2.  Plaintiff to carry out necessary amendments within a period of 14 days from the date of order.
3.  Costs in cause.
4.  CS 57/22 disposed of accordingly.
Matter stands adjourned to 30.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Matter called out at 4.03 p.m.
None present.
Matter stands adjourned to 29.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Tarik Chaudhary for plaintiff present. He tendered copy of amended plaint. TOR.
He is directed to serve copy of amended plaint to the defendants.
None present for defendant.
Matter stands adjourned to 17.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Deft. no.2(c) in person present. He is seeking time. Time granted.
None present for plaintiff.
Matter stands adjourned to 12.12.2022 for affidavit of service.
Later on at 3.46 p.m.
Adv. Tarik Chuadhary for plaintiff present. He tendered affidavit in
service. TOR. Exh.04.
Matter adjourned to 12.12.2022 for WS/reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: NOB TOB, By preacipe.
Adv. Hassan Khan for proposed defendant present. He tendered draft CS. TOR. O-Leave is granted to register draft CS.
He also tendered Vakalatnama. TOR. Exh-5.
Adv. Tariq Chaudhary for plaintiff present. He tendered draft CS. TOR.
O-Leave is granted to register draft CS.
Already adjourned to 12.12.2022 for WS/reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Tarik Chaudhary for plaintiff present.  He tendered reg. CS No.2018/2022. TOR.
Adv. Shyam Tripathi h/f Adv. Mangaonkar for Deft. no.2(a) to 2(d) and 3 to 4 present. He tendered VP. TOR. Exh.06. He also tendered WS. TOR.
Plaintiff has raised the objection that there is a delay in filing WS. Hence, defendants to take appropriate steps.
Adv. Hassan Khan for applicant present. He tendered reg. CS No.2019/22. TOR.
The plaintiff has no objection to the CS No. 2019/2022.
As there is a dispute regarding the legal heirs of Deft. no.2, the advocate appearing for Deft. no.2(a) to 2(d) to reply to CS No.2019/2022.
Plaintiff to file service affidavit regarding the service to the proposed party in CS No.2018/2022.
Matter stands adjourned to 24.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Tariq Chaudhary for plaintiff present. He tendered affidavit of service. TOR Exh-07.
Adv. Hassan Khan for applicant in CS No.2019/22.
Adv. Shyam K. Tripathi h/f R for defendant 2(a) to 2(d), 3 and 4 present .He tendered reply to NM No. 2745/19. TOR.
He also tendered draft NM a/w affidavit in support.
O-Leave is granted to register. The plaintiff replied to draft NM overleaf.
Heard advocate for plaintiff and defendant No. 2(a) to 2(d), 3 and 4.
It is the contention of plaintiff that there is no proper reason  mentioned and prayed for grant of costs. Considering the rival submissions, draft NM deserves to be allowed, subject to costs. I proceed to pass the following order.
ORDER
1. Draft NM is hereby allowed, subject to costs of Rs.2000/-.
2. Delay stands condoned.
3. WS already tendered be exhibited after payment of costs.
4. Draft NM be registered for statistical purpose.
5. Draft NM is disposed off accordingly.
Matter stands adjourned on 08.03.2023 for CS hearing.
Later on, at 5.00p.m.
Advocate for defendant 2(a) to 2(d), 3 and 4 tendered disposed off registered NM No. 379/23. TOR.
Already matter stands adjourned on 08.03.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Tariq Chaudhary for plaintiff present.
Adv. Jyoti Patil h/f Adv. Girish Agarwal for defendant No.1 present. She tendered vakalatnama TOR. Exh-07. She also tendered affidavit in reply and WS. TOR. She also tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM.
Draft NM is handed over to advocate of defendant No.1.
Adv. Shyam Tripathi for defendant No.2(a) to 2(d), 3 and 4 present.
Matter stands adjourned on 01.04.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv.  Tareq Chaudhary for plaintiff present.
Adv. Gaurav Pande h/f Adv. Girish Agarwal for defendant No.1 present. He tendered registered NM No.1247/2023.
Adv. Shyam Tripathi for defendant No.2(a) to 2(d), 3 and 4 present. He tendered reply in affidavit. TOR.
Adv. Hassan Khan for proposed defendant No.2 (e) to 2 (g) present
Matter stands adjourned on 13.06.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv Tareq Chaudhary for Plaintiff present and seeks time for filing NM reply. Time granted.
Adv. Shyam Tripathi for defendant No.2(a) to 2(d), 3 and 4 present.
Matter stands adjourned on 11-08-2023 for reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Adv Tariq Choudhary  for Plaintiff present.
Adv Girish Agarwal for defendant no. 1 present.
Adv Hassan Khan for Proposed defendant no. 2 (E) to 2 (G)present.
Plaintiff filed reply to NM 1247 of 2023. TOR.
Matter stands adjourned on 03-10-2023 for NM arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv Tariq Chaudhary for Plaintiff present.
Adv Girish Agarwal for deft no. 1 present.
Adv Tiwari for defendant nos. 2 (a) to 2 (d) and 3 and 4 present.
Adv for deft no. 1 seeking time for NM hearing. O- Time granted.
Matter stands adjourned on 21-11-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Advocate Chaudhari present for Plaintiff.
Advocate Hassan Khan present for Applicant.
None present for defendant no.1.
Matter stands adjourned on 25-01-2024 for NM /Ch/s hearing as
last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: P.O. is gone for Jail visit (Afternoon Session).
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Adv. Avdesh Yadav for Plaintiff present and seeks time.
Adv. Girish Agarwal for defendant no. 1 present.
Adv. Ridhima Mangaonkar for defendant no. 2 (a) to 2 (d) present.
Matter stands adjourned on 25-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2024

Date: 02-07-2024
Business: None for Plaintiff present.
Adv. Ridhima Mangonkar for defendant no. 2 present.
The Ld.  Adv. for defendant  no. 2 informed the Court that plaintiff has died.
Considering the submission the Ld. Adv. for the original plaintiff to take appropriate steps.
Matter stands adjourned on 24-09-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: None for Plaintiff present.
Adv.  Shyam K. Tripathi h/f Adv. R. Mangaonkar for defendant no. 2 (a) to 2 (d), 3 and 4  present.
The defendant no. 2 has informed the Court that, plaintiff has died.     Necessary directions were issued for taking appropriate steps to the Ld. Adv. For the plaintiff. However, no steps are taken. Hence, matter be kept for order.
Matter stands adjourned on 18-11-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: None for Plaintiff present.
Adv. Ridhima Mangaonkar for defendant No.2 present.
O - Issue notice to plaintiff on Court Motion through R.P.A.D.
Matter stands adjourned on 11-02-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 25-04-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 23-07-2025 for report.
Next Purpose: REPORT
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Record shows that the sole plaintiff is expired. Defendant No. 1 has filed Notice of Motion No. 1247/2023 to condone delay of 154 days to file Written Statement. The suit is for partition and plaintiff is expired, hence, to see who is interested to proceed with the suit it is essential to permit the defendant No. 1 to file the Written Statement hence Notice of Motion No. 1247/2023 is allowed without costs. Accordingly Notice of Motion stands disposed of. Accordingly Written Statement of defendant No. 1 is taken on record and marked with Exh. 8. Defendant No. 1 to file affidavit in support of Written Statement on next date. In view of death of plaintiff Notice of Motion No. 2745/2019 and Chamber Summons 2018/2022 becomes infructuous, hence disposed of.
In view of order dtd. 24.01.2023 and fact that costs is paid on 08.03.2023 Written Statement of defendant No. 2 (a) to 2 (d), 3 and 4 is taken on record and marked at Exh.9. Those defendants to file affidavit in support of Written Statement on next date. The plaint is silent as to proper description  of the suit property in terms of Order 7 Rule 3 of CPC or and documents like property card, share certificate, photo pass or equivalent documents  in terms of Para 8, Chapter 2 of Civil Manual. Hence the present parties on record to argue on chamber summons No. 2019/2022 and also submit who want to continue the suit. The person who wishes to continue the suit to take steps to bring legal Representative of the plaintiff on record and comply aforesaid directions.
Matter stands adjourned to 07-10-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Both parties failed to complied on dated 23/07/2025.Hence, kept for necessary order to be passed on next date.
Matter stands adjourned for Order to 17/11/2025.
Next Purpose: ORDER
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
In view of order dtd. 23.07.2025 the suit stands dismissed for want of prosecution. Accordingly Chamber Summons stands disposed of.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-11-2025

NOTICE OF MOTION/100379/2023
NOTICE OF MOTION/102745/2019
CHAMBER SUMMONS/102019/2022
CHAMBER SUMMONS/102018/2022
CHAMBER SUMMONS/100057/2022
NOTICE OF MOTION/101247/2023

Filing Number: 101325/2019
Filing Date: 31-01-2019
First Hearing Date: 13th March 2019
Decision Date: 17th November 2025
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE