Mrs. Pradnya Prakash BagalVsSmt. Pranali Prashant Chavan +1 more

Date: 05-02-2020
Business: Adv. Gupte for plaintiff present.
Adv. Singh for defendant no. 1 and 2 present and filed original NM no. 508/20 along with affidavit. He further submitted that as per the NM taken out by the defendants this court has no jurisdiction to entertain the suit itself. He further submitted that the issue of jurisdiction will have to be decided first.
Ld. counsel for plaintiff strongly opposed the above submissions and pointed out that as per order dated 16.01.2020, the matter was adjourned for hearing on NM no. 4476/18, 2727/18 and 69/17 the plaintiff has already argued the matter and defendant no. 1, who was present in person on that date was given to understand that she has to argue the pending motion and last chance was granted.
As per roznama dated 31.01.2020, matter was taken on board by praecipe and extension to register the motion was sought by the defendant and leave was granted to register the draft NM. The Ld. counsel for plaintiff submitted that he is not served with copy of registered NM no. 508/20, therefore, he is not in a position to file reply to the same.
After hearing both the sides, I am of the view that because the issue of jurisdiction is raised by the Ld. counsel for defendants in NM no. 508/20. It will have to be decided along with the pending motions first. Hence, time granted to plaintiff to file reply affidavit to NM no. 508/20 before next date i.e. on 13.02.2020 by serving copy in advance to the defendant.
Matter stands Adj for filing reply to NM no. 508/20 to 13.02.2020 at 1.00 pm.
Next Purpose: REPLY
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Tendulkar for plaintiff present and filed reply to NM no. 508/20. Copy already served on other side by post, additional copy again served on the Ld. counsel for defendant.
Adv. Dube for defendant present and sought four weeks time for submitted rejoinder. Ld. counsel for plaintiff has strongly opposed grant of long adjournment as prayed.
After hearing both sides, short time granted for filing rejoinder till next date.
Matter stands Adj for filing rejoinder to 20.02.2020 at 11.00 am.
Next Purpose: REJOINDER
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Tendulkar for plaintiff present.
Adv. Dube h/f Adv. Indrapal Singh for defendant present.
Heard both sides.
Ld. counsel for defendant submitted that today he had to submit a rejoinder, but he unable to do the same as the defendant has gone out of station and he can produce the ticket on record. Hence, he sought time as a last chance for submitting rejoinder.
Ld. counsel for plaintiff has strongly opposed the request for adjournment on the ground that defendant is already availed the several chances and the defendant is taking adjournment for granted.
Perusal of record shows that, NM no. 4476/18, 2727/18 and 69/17 are part heard  since long and there is no progress due to the time taken by the defendant on one or the other grounds. As per earlier order dated 11.11.2019, cost was imposed on the defendant and that was paid on 28.11.2019. Considering the above circumstances, extremely last chance granted.
Matter stands Adj for filing rejoinder to 27.02.2020 at 1.00 pm
Next Purpose: REJOINDER
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Gupte for plaintiff present.
Pranali Chavan for defendant no. 1 in person present and submitted that before filing rejoinder she has obtain second document from Government offices. Inspites of efforts till today, she could not get the documents. Hence prayed for further time.
Heard both sides regarding grant of further time to file rejoinder to defendant no. 1.
Ld. counsel for plaintiff has strongly opposed the request for extension of time. He submitted that the NM no 4476/18, 2727/18, 69/17 are part heard. There is no progress due to the adjournment taken by the defendant.  on 20.02.2020, extremely last chance were granted.
After hearing both the sides, I find that sufficient time has been already granted to defendant no. 1. Ld. counsel for plaintiff submitted that matter may be kept for hearing on NM. On the other hand defendant no. 1 requested that matter may be kept for filing of rejoinder and also for hearing on same date.
In view of the above, time granted to defendant no. 1 is further extended with a specific direction that on the next date no further adjournment will be granted.
Defendant no. 1 is also directed to supply the copy of rejoinder in advance to the Ld. counsel for plaintiff before next date.
Matter stands Adj for filing rejoinder and hearing on NM to 26.03.2020 at 1.00 pm.
Next Purpose: REJOINDER
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: REJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
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: REJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
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: REJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for plaintiff and Defendant
Matter stands Adj for Rejoinder to 29.01.2021
Next Purpose: REJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate Sameer Tendulkar for plaintiff present.
Defendant in person present.
The case is adjourned to 24.02.2021 for filing rejoinder and hearing on NM.
Next Purpose: REJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Defendant no. 1 present and seeks time on account of her ill health.
KB
LO at 2.50pm,
Advocate Sameer Tendulkar for plaintiff present.
The case is adjourned to 11.03.2021 at 2.45pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Court is on leave. Hence Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None for plaintiff.
Advocate S. Patil for defendant no. 1 present and filed application for adjournment and for referring the matter for mediation. TOR and marked Exh.7
He submits that matter may be kept in Lok-Nayalaya schedule on 10.04.2021.
The case is adjourned to 15.04.2021 for NM hearing.
LO at 3.55pm,
Advocate Dinesh Shinde for plaintiff present.
The case is adjourned to 15.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Declared holiday as per Office Order 79 of 2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of office order No. 120/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Matter called out at 12.30 p.m.
Adv. Sachin Tendulkar for plaintiff present
Later matter called out at 03.51 p.m.
None present.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 08-09-2021
Business: Matter called out at 12.30 p.m.
Adv. Sachin Tendulkar for plaintiff present
Later matter called out at 03.51 p.m.
None present.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 08-09-2021
Business: Matter called out at 12.30 p.m.
Adv. Sachin Tendulkar for plaintiff present
Later matter called out at 03.51 p.m.
None present.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 08-09-2021
Business: Matter called out at 12.30 p.m.
Adv. Sachin Tendulkar for plaintiff present
Later matter called out at 03.51 p.m.
None present.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 08-09-2021
Business: Matter called out at 12.30 p.m.
Adv. Sachin Tendulkar for plaintiff present
Later matter called out at 03.51 p.m.
None present.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Matter mentioned at 1.34 p.m.
Plaintiff through her Adv. Sameer Tendulkar Reg. No. MAH/677/1988 @ Adv. Suraj Gupte Reg. No. MAH/4434/2011 for plaintiff present.
Deft. No. 1 in person present.
At the request of the parties, kept back.
Later on at 4.31 p.m.
Parties tendered consent term. Marked as Exh.8.
Deft. No.1 tendered application under order 23 rule 1(2) alongwith affidavit. Exh.9.
O-It appears that the parties have taken amicable decision and reduced into writing by way of consent terms.  According to me, the aforesaid consent terms does not cause any harm to the interest of Deft.No.2.  Hence, application Exh.9 is allowed.
In view of consent terms, suit needs to disposed of.
Thus, I proceed to pass the following order.
1. Suit allowed in terms of consent Terms Exh.8.
2. Decree be drawn up accordingly.
3. Parties to bear their own cost.
4. Court fees to be refunded as per rules.
5. Pending interim application to be disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 20-10-2021

Main Case No: SUIT/0102844/2016
Main Cnr: MHCC010088592016
Main Filing No: 111447

Filing Number: 101488/2020
Filing Date: 01-02-2020
First Hearing Date: 05th February 2020
Decision Date: 20th October 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE