Mrs. Pooja Satyawan VichareVsKalpana Jeevan Shirke +4 more

Date: 26-02-2019
Business: Resumed.
Advocate Mr. Sheena Patil for the plaintiff present.
Advocate Mr. S. R.Mamania h/f Chirag Shah and co. for defendant nos. 1, 4 and 5 present.
Exh. 1 Plaint.
Exh. 2 Vakalatnama
Exh. 3 Memo of address.
Exh. 4 List of the documents.
Exh. 5 Affidavit in support of plaint.
Exh. 6 Vakalatnama of Chirag Shah and co.
Advocate Mr. Mamania seeks time to file reply/ written statement. Time is granted as a last chance.
The plaintiff is directed to get the N/M register on or before next date.
Earlier order shall continue till next date.
Adjd for reply/ W.S to 24.04.2019.
Next Purpose: REPLY
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Resumed.
Adv. Sheena Patil for plaintiff and Adv. Mr. Mamnia with def. Nos. 2 to 4 are present.
Exh. 8 - Adv. Mamnia filed affidavit of service of NM No. 1609/2019.
Adv. Patil tendered registered NM No. 1330/2019 with affidavit.
Heard both the advocates on NM No. 1609/2019.  The defendants are seeking condonation of delay of 12 days and further leave to file w.s.  the Ld. Advocate for plaintiff, without prejudice to the rights of the plaintiff submitted that necessary orders may be passed in the matter.
    Considering the rival submissions, in view of the ratio laid down by the Hon\''ble High Court of Bombay in the case of Vimalkumar vs Vinodkumar reported in 1999 (1) Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives discretion to the Court and Court can permit to file w.s. at any stage prior to pronouncement of judgment.   Therefore, the prejudice which may be caused to the plaintiff can be compensated in terms of costs.  Thus the following order is passed-  The NM no.1609/2019 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs Rs. 2000/- to the plaintiff within a period of two weeks from today or to be deposited for that purpose in the Court within two weeks from today.  Adv. Mamnia for defendants undertakes to tender registered NM in the Court before next date.
Adjd for NM arguments and compliance to 10.07.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Adv. Sheena Patil with Adv. Harshada Vaidya for plaintiff present.
Plaintiff present.
Adv. Shreyas Mamhane for defendants present.
Original NM No. 1609/19 tendered by the defendants which is already disposed of.
Draft CS along with affidavit filed by the plaintiff.
Order on draft chamber summons
       The Ld. counsel for the plaintiff submitted that there is some error in title clause in respect of address of defendant nos. 4 and 5 and accordingly she wish to amend the title clause of the plaint and Notice of Motion.  The Ld. counsel for defendants filed reply and submitted it to the order of the Court.
         The amendment appears to be of formal in  nature which does not affect the substantial rights of the parties. No prejudice will be caused to the defendants if the plaintiff is permitted to amend the title clause of the plaint and NM. Hence, it is expedient to pass following order.
ORDER
1.  Draft Chamber Summons is allowed in terms of prayer clause (a) and (b).
2.  Plaintiff to carry out the necessary amendment within  a period of 14 days.
3.  Chamber Summons is disposed of accordingly.
4.  Chamber Summons be registered for statistical purpose
_____________________
Heard argument of Ld. Advocate for plaintiff and defendants partly.  There appears to be ailment of settlement in the matter.  It is fit case for referring the matter for mediation.  Hence, the matter is referred for mediation.
Adjourned for mediation report to 13.8.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Adv. Harshada Vaidya h/f Adv. Sheena Patil for plaintiff present.
Adv. Mamania for defendants present.
Application filed by plaintiff for extension of time for carrying out the amendment.
Read application. Considering the reason time is extended for carrying out the amendment for further 14 days from today.
Adjourned for mediation report to 4.10.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-10-2019

Date: 13-08-2019
Business: Adv. Harshada Vaidya h/f Adv. Sheena Patil for plaintiff present.
Adv. Mamania for defendants present.
Application filed by plaintiff for extension of time for carrying out the amendment.
Read application. Considering the reason time is extended for carrying out the amendment for further 14 days from today.
Adjourned for mediation report to 4.10.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Adv. Harshada Vaidya for plaintiff present.
Mediation report not received.
Adjourned for report of mediation to 19.12.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Vaidya for plaintiff present.
None for deft.
Adv. for plaintiff submitted that the mediation is under progress.
The matter is adjd for mediation report to 02.03.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-03-2020

Date: 19-12-2019
Reason For Adjournment: court time is over
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Reason For Adjournment: court time is over
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-04-2020

Date: 02-03-2020
Business: Adv. Patil for plaintiff present.  Plaintiff present.
Deft. nos.1, 3 to 5 present.
There is likelihood of settlement in the matter, hence the matter is referred before Lok-Adalat.
The matter is adjd for report to 13.04.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-05-2020

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

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

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-08-2020

Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-10-2020

Date: 14-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to  15.12.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-12-2020

Date: 06-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to  15.12.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None present.
Mediation report is not yet received.  Sheristedar to inquire from the mediation department.
The matter is adjd for mediation report to 17.02.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Sheena Patil for plaintiff present.
Adv. Mamania for defts. present.
Parties tendered consent terms.  T.O.R.
The matter is adjd for hearing on consent terms to 24.02.2021.
Next Purpose: HEARING
Next Hearing Date: 24-02-2021

Date: 17-02-2021
Business: Adv. Sheena Patil for plaintiff present.
Adv. Mamania for defts. present.
Parties tendered consent terms.  T.O.R.
The matter is adjd for hearing on consent terms to 24.02.2021.
Next Purpose: HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Harshada Vaidya for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time for hearing on legality of consent terms.  Granted.
The matter is adjd for hearing to 09.04.2021.
Next Purpose: HEARING
Next Hearing Date: 09-04-2021

Date: 24-02-2021
Business: Adv. Harshada Vaidya for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time for hearing on legality of consent terms.  Granted.
The matter is adjd for hearing to 09.04.2021.
Next Purpose: HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for hearing to 16.07.2021.
Next Purpose: HEARING
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 30.08.2021.
Next Purpose: HEARING
Next Hearing Date: 30-08-2021

Date: 16-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 30.08.2021.
Next Purpose: HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Harshada Vaidya  h/f  Adv.Sheena Patil for the plff present.
None for defendant.
Heard advocate for the plaintiff.
Perused the record and roznama dtd. 17/2/2021.
It is submitted that settlement talks were going on and it was utmost finalised but due to lock down the parties could not appeared for verification. Learned advocate for the plff has consented for referring the matter to Lok-Adalat for finalizing the consent terms (Exh.10) and other settlement terms.
Issue notice to both the parties for attending National Lok Adalat scheduled to be held on 25.09.2021 at 10.00 a.m.
Matter adjd for lok adalat on 25.09.2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Both parties are absent.
Matter is not settled before Lokadalat.
Adjd to. 26.11.2021 for parties to present before regular court.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2021

Date: 25-09-2021
Business: Both parties are absent.
Matter is not settled before Lokadalat.
Adjd to. 26.11.2021 for parties to present before regular court.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2022

Date: 26-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv Sheena Patil for plff present.
Adv M. S. Lad for defs present. Filed vakalatnama. TOR Marked Exh-11.
Both the ld adv present before the court have submitted that the consent terms exh-10 is not pressed. Therefore exh-10 stands filed. Matter is adjourned for NM hearing.
Matter is adjd to 22/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2022

Date: 16-02-2022
Business: Adv Sheena Patil for plff present.
Adv M. S. Lad for defs present. Filed vakalatnama. TOR Marked Exh-11.
Both the ld adv present before the court have submitted that the consent terms exh-10 is not pressed. Therefore exh-10 stands filed. Matter is adjourned for NM hearing.
Matter is adjd to 22/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv. Smt. Sheena Patil for plaintiff present.
Adv. Lad for defendant Nos. 1 to 5 present.
On oral request of advocate for plaintiff.
Matter is adjd for NM hearing on 05-08-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 22-04-2022
Business: Adv. Smt. Sheena Patil for plaintiff present.
Adv. Lad for defendant Nos. 1 to 5 present.
On oral request of advocate for plaintiff.
Matter is adjd for NM hearing on 05-08-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None present for plaintiff.
Adv. Lad for defendant is present and filed additional reply to NM. T.O.R.
Matter adjd to 22.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022

Date: 05-08-2022
Business: None present for plaintiff.
Adv. Lad for defendant is present and filed additional reply to NM. T.O.R.
Matter adjd to 22.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Adv. Sheena Patil for plaintiff is present.
Adv. Lad for defendant is present.
The Defendant has supplied copy of additional reply to the plaintiff.
Matter adjd to 22.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022

Date: 22-09-2022
Business: Adv. Sheena Patil for plaintiff is present.
Adv. Lad for defendant is present.
The Defendant has supplied copy of additional reply to the plaintiff.
Matter adjd to 22.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Patil for plaintiff is present.
Adv. Aishwarya Lad for defendant is present.
On oral request of Ld.Adv.for defendant matter adjourned for NM hearing.
Matter adjd to 18.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2023

Date: 22-11-2022
Business: Adv. Patil for plaintiff is present.
Adv. Aishwarya Lad for defendant is present.
On oral request of Ld.Adv.for defendant matter adjourned for NM hearing.
Matter adjd to 18.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: None present for plaintiff
Adv. M.S. Lad for defendant is present.
Adjourned for dismissal of Notice of Motion.
Matter adjd to 01.04.2023 for NM for dismissal .
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Plaintiff present.
Adv. Harshada Vaidya for plaintiff is present.
None present for defendant.
KB Lo at 3.44 p.m.
Adv. Harshada Vaidya for plaintiff is present.
Adv. M.S. Lad for defendant present.
The Ld.Adv.for plaintiff has filed an application for remove the NM from the caption of dismissal t.o.r marked at Exh.12. Allowed.
Matter adjourned for hearing on NM as last chance.
Matter adjd to 03.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023

Date: 01-04-2023
Business: Plaintiff present.
Adv. Harshada Vaidya for plaintiff is present.
None present for defendant.
KB Lo at 3.44 p.m.
Adv. Harshada Vaidya for plaintiff is present.
Adv. M.S. Lad for defendant present.
The Ld.Adv.for plaintiff has filed an application for remove the NM from the caption of dismissal t.o.r marked at Exh.12. Allowed.
Matter adjourned for hearing on NM as last chance.
Matter adjd to 03.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Patil for plaintiff is present.
Adv. Lad for defendant is present.
Heard both side.
K.B. for order.
Later on at 5.30 p.m.
FRSR order passed in NM No.1330/2019.
ORDER
1. NM No.1330/2019 stands allowed and made absolute in terms of prayer clause (a) and (b) i.e., defendants are hereby restrained by an order of temporary injunction from disturbing the possession of plaintiff on the suit premises and to dispossess the plaintiff and her children from the suit premises without following due process of law, till decision of the suit.
2. Notice of Motion stands disposed off accordingly.
Matter adjd to 28.08.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-08-2023

Date: 03-07-2023

Date: 28-08-2023
Business: None present for plaintiff and defendant.
Matter in between the family members. There is every chances of settlement in between the parties. Hence, matter is referred to Mah Lok Adalat.
Issue notices to parties.
Matter adjd to 09.09.2023 for Mah Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Defendant no. 5 a/w Adv. Lad is present.
Matter is not settled.
Case is adjourned to 12.12.2023 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv. Shina Patil for plaintiff is present.
None present for defendant.
Roznama dated 24.04.2019 shows that my Ld. Predecessor in court while allowing NM No. 1609/2019 granted liberty to the defendants to file the written statement on record subject to payment of cost of Rs. 2000/-. Accordingly, the defendant has paid cost of Rs. 2000/- on 03.05.2019. However, due to inadvertence the written statement is not given exhibit. Hence, it is marked as Exh. 13. O- Read and recorded.
Issues are framed at Exh. 14.
Matter adjd to 01.03.2024 for filing evidence of plaintiff.
L.O at 12.09 p.m
Adv. Arun Longani for defendant no. 1 to 5 is present and filed Vakalatnama. TOR. Marked as Exh. 15. O- Seen.
Matter already adjd to 01.03.2024 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Shina Patil for plaintiff is present and seek time. O- Time granted.
Adv. Yogendra Kumar i/b Arun Lomani for defendant is present.
Parties are intending to settle the matter hence matter be referred before Lok Adalat to be held on 03.03.2024.
Matter adjd to 03.03.2024 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel-6)
Matter pertains to C.R.No.1
Plaintiff and her advocate present.
All defendants are present and their advocate present.
Plaintiff filed pursis that, the defendant undertake that, they will not disposses her without following due process of law. Hence, the plaintiff wants to withdraw the suit. The pursis is also signed by the all the defendants and their advocate tor and marked as Exh.16
Plaintiff also filed Lok-Adalat form Exh.17.
Suit stands disposed of in view of Exh.16 and Exh.17. No order as to costs.
Court fees be refunded as per rules.
Nature Of Disposal: LOKADALAT
Disposal Date: 03-03-2024

NOTICE OF MOTION/101330/2019
NOTICE OF MOTION/101609/2019

Filing Number: 101563/2019
Filing Date: 05-02-2019
First Hearing Date: 26th February 2019
Decision Date: 03rd March 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE