Shri. Sadanand Raghunath TendolkarVsSmt. Ratna Ramkrishna Shetty

Date: 23-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: National  Lock down
Next Purpose: DIRECTIONS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lock down
Next Purpose: DIRECTIONS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: Due to covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 11/02/2021
Next Purpose: DIRECTIONS
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Mr. S.N. Kadam for plff present.
Issue suit summons to deft. under O-8 Rule-1 C.P.C.
Matter is adjd. for service to 06.05.2021.
Next Purpose: SERVICE
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: None present for both parties.
Plff to file affidavit of service of writ of summons.
Matter is adjd. for filing affidavit of service of writ of summons to  04.01.2022.
Judge
L.O.at 12.05 p.m.
Adv Mr. S.N.Kadam for plff present  and seeks extended time to serve the defts with writ of summons. O-time extended till next date.
Already adjd. to 04.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plff.
CA Rajesh Shetty of the deft present and submitted that he has already filed WS on behalf of Deft on 16/12/2021 by taking the case on board.
Roznama of 16.12.2021 though is maintained, it appears that it is not entered in the CIS. It be entered in the CIS in today’s date.
Matter is adjd. for Draft Issues to 17/03/2022.
Judge
L.O. at 2.55 p.m.
Adv Mr. Kadam for plff present and filed affidavit of service along with original writ of summons and bailiff report. He submitted that deft has not supplied the copy of written statement to the plff till date. Deft is directed to supply copy of WS to the plff on or before next date.
Already adjd. to 17.03.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None present for plff.
CA Rajesh Shetty of deft present with Adv Mr. Pareira for defts. He submitted that copy of WS is already supplied to the plff. He submitted that he is ready to supply another copy of WS on the plff. He has placed on record copy of first page of WS having endorsement  about service of WS on plff on 03.01.2022.
As nobody is present for plff, matter is adjd. for draft issues to 24.06.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Court on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: None present for plaintiff.
Mr.Rajesh Shetty, CA of defendant present. He submits that the defendant will not filed draft issues.
Heart the CA of defendant. No submission of plaintiff on framing of issues.
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 11.55 am
Adv.S.N.Kadam for plaintiff present. He filed draft issues t.o.r. and marked as Exh.
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: CA of defendant present.
None for plaintiff when called.
Matter adj. to  18/03/2023  for draft issues
L. O at 12.15 pm
Adv. S. N. Kadam for plaintiff present and tendered draft issues. T.O.R.
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.5.
Matter adjd to 26.06.2023 for recording evidence.
Judge
LO at 12.05 pm
Adv.S. N. Kadam for plaintiff present.
Matter adjd to 26.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. S. N. Kadam for plaintiff present.
CA of defendant present.
Matter is adjd.to 28-08-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. S. N. Kadam for plaintiff present and filed pursis t.o.r. marked as Exh.
None for defendant
Matter is adjd.to 21-11-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: None for plaintiff.
CA of  defendant present.
From the perusal of the record, it appears that on the last date the The Ld. Counsel for plaintiff filed pursis Exh. 6 stating that he learnt about the death of the sole plaintiff being occurred on 14-04-2023 and that he has no information about the legal representatives of the said plaintiffs except the pursis Exh. 6 there is no other documents or material to indicate that the sole plaintiff expired on 14-04-2023. The issues in the matter are framed on 18-03-2023 vide Exh. 5 and since then the plaintiff has not adduce evidence in support of his case. Hence, matter is adjourned for order against plaintiffs. It is also noticed that the draft issues dtd. 05-11-2022 has not been marked as Exhibit and the issues dtd.18-03-2023 has been wrongly marked as Exh. 5 and the pursis dtd. 12-10-2023, marked as Exh. 6. The said documents are therefore correctly exhibited as Exh. 8 , Exh. 9 and Exh. 10 respectively.
Matter is adjourned to 16-12-2023 for order against plaintiffs.
Next Purpose: ORDER
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: None for plaintiff.
None for defendant
From the perusal of the record, it seen that on 21-11-2023 the Ld. Counsel for  plaintiff filed pursis Exh. 10 stating that it is learn that the plaintiff is expired on 14-04-2023. No- body came to him giving information about the legal representatives of the deceased plaintiff. He has no death certificate in respect of the death of the said plaintiff. It also appears that though the issues Exh. 9 have been framed on 05-11-2022 have been framed on 18-03-2023, the plaintiff failed to adduce evidence in respect of the said issues. There is thus possibility that the sole plaintiff having died on 14-04-2023 no one is prosecuting the suit against the defendant. There is however, no acceptable material on record to show that the sole plaintiff really died on 14-04-2023. Be that as it may, it is appearant that the plaintiff is not prosecuting the suit since last several dates.  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

CHAMBER SUMMONS/100198/2026
NOTICE OF MOTION/103705/2025

Registration Number: 100949/2020
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: 101495/2020
Filing Date: 01-02-2020
First Hearing Date: 23rd March 2020
Decision Date: 16th December 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE