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SUIT - SHORT CAUSE CIVIL SUIT

Dr. Dilip Jayantilal MehtaVsLataben Jayantilal Mehta +1 more

CNR MHCC01001590201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 26th June 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100406/2019
Registration Date
15 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 25-02-2019
    Business: Adv for plaintiff is present.
    Adv for defendant is present.
    Heard Ld. Adv of the plaintiff and Ld. Adv. for defendants on Ad-interim Relief. The Ad-interim Relief sought is to restrained the defendant in third party interest in the property. The defendants are seeking adjournment for filling reply. Adv of defendants has submitted that infact the property is in possession of plaintiff and therefore no such relief is required to be granted by way of ad-interim relief. I am not convince with this submission because without having possession, one can create third party interest in the property. The Ld. Adv for defendant submits that the relief is being sought on the premise that defendant No.1 is of unsound mind and D/2 may misuse it to create third party interest. He submits that D/1 is of absolute sound mind and therefore the above relief is not required to be granted. All the contention of the parties can be decided only after completion of pleadings on the Notice of Motion. In view of this it is necessary to preserve the present status of the rights in the property and hence both the parties are directed to maintain status quo  in respect of  of the existing rights and the title of the property including change in the nomination in respect of the suit property in the society\''s record till next day.
    Matter is adjd. to. 15.04.2019  for Reply to NM.
    Next Purpose: REPLY
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Matter is not traceable as it is just transferred to this Court.
    Plaintiff present. Advocate Mr. Arvind Giriraj along with Dhanashree Gaikaiwari with Pooja Mani i/b Billavala and Company for applicant present.
    Advocate Mr. Akshay Shah for Defendant present and sought time to file NM reply.  By consent, case is adjourned to 03/07/2019 for NM reply.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Advocate Ms. Gaikashwari I/b Bilawala and company for Plaintiff present
    Advocate Mr. Shah for Defendant present
    Court is busy in hearing and dictating orders on Notice of Motion in suit no.6072/06 and 4596/07, hence case is adjourned to 19/09/2019.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Advocate Dhanashree Gaikaiwari along with Pooja Muni I/b Bilawala and company for Plaintiff present
    Defendant no.2 with advocate Mr. Akshay Shah for Defendants present and submitted that on next date he will file NM reply. Considering submissions adjourned to 26/11/2019 for NM reply.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Advocate Ms. Pooja Muni I/b Bilawala and Co. for Plaintiff present
    Advocate Mr. Akshay Shah I/b J. J. Shah for Defendants present and filed affidavit in reply to NM nos.969/19 and 970/19, t.o.r. copy of both NM reply is served upon Plaintiff\''s advocate.   He also filed registered Notice of Motion no.4272/2019 with affidavit in support, t.o.r.
    Case is adjourned to 14/02/2020 for hearing of NM nos.969/19, 970/19 and reply to NM no.4272/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    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: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 14-09-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 14-09-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Advocate Mr. Aditya Khare for plaintiff present
    None present for Defendants.
    It seems that due to Corona pandemic, Defendant and Defendant\''s advocate are absent, hence case is adjourned to 22/02/2021 for Notice of Motion hearing.
    L.O.
    Advocate Mr. Akshay Shah for Defendants present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv Ms. Dhanashree Gaikaiwari i/b Bilawala &  Co. plff present and filed affidavit in rejoinder in NM No. 969/2019 and 970/2019. She also filed affidavit in reply to NM No.4272/2019.
    Adv Mr. Akshay Shah i/b J.J. Shah for deft present.
    By consent, matter is adjd. for NM hearing to 12.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv Mr. Arvind Giriraj for plff present.
    Adv Mr. Akshay Shah h/f Adv Mr. J.J. Shah for defts present.
    Heard arguments of both the sides in N.M. No.4272/2019.
    Matter is adjd. for order to 17.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv Ms. Dhanashree Gaikaiwari i/b Bilawala & Co. for plff present.
    Deft present with Adv Mr. Jayesh Patel i/b Adv.Mr. J.J. Shah for defts Nos.1 to 4 present.
    F.R.S.R. following order is passed in N.M.No.4272/2019
                         ORDER
         Notice of Motion No.4272 of 2019 is allowed in terms of prayer clauses (a) and (b) subject to payment of cost of Rs.5,000/- (Five Thousand rupees) by the defendants to the plaintiff.
    	Defendants shall pay/deposit the amount of cost mentioned above within four weeks from today.
                            ----
    Matter is ajd. for compliance to 16.04.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv Ms. Dhanashree Gaikaiwari i/b Bailwala & Co. for plff present and mentioned the matter in the morning session.
    Adv Mr. Shah i/b J.J. Shah for deft present and filed pursis about compliance of order dt.17.03.2021 passed in NM No.4272/2019.
    Since defts have deposited the cost, WS of defts Nos.1 and 2 is R & R at Exh.4.
    Adv. for plff seeks time to tender registered NM No.969/2019  and 970/2019 in the Court.
    By consent, matter is adjd. for tendering registered NM in the Court and NM hearing to 11.10.2021 at 2.45 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Mr. P.D.Gandhi present for plff. and tendered registered N.M.No.970/19 and 969/2019 along with affidavit in support.
    Adv Mr. Shah present for deft. and seeks adjournment.
    By consent, matter is adjd. for NM hearing to 25.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv Ms. Gaikwari i/b Bilawala & Co. present for plff. and seeks adjournment by submitting that adv on record for the plff is unable to attend the Court today as he is recently tested Corona positive.
    Adv Mr. Akshay Shah i/b J.J.Shah present for deft. and submitted that short adjournment may be granted.
    By consent, matter is adjd. for NM hearing to 04.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv Ms. Shah i/b Bilwala and Co. present for plff.
    None present for deft.
    K.B.
    L.O. at 3.35 pm.
    Adv Mr. Giriraj for plff present.
    Adv Mr. Shyamsunder Jadhav for deft present and seeks adjournment by submitting that his senior advocate not available today.
    by consent, matter is adjd. for NM hearing to  06.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv Smt. Gaikaiwari i/b Bilwala and Co. present for plff.
    Adv Mr. Akshay Shah i/b J.J. Shah present for deft.
    Ld. Advocates for both parties mentioned the matter in the morning session and sought adjournment by submitting that parties are trying for settlement.
    By consent, matter is adjd. for NM hearing  to 13.04.2022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-04-2022
    
    Date: 13-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-04-2022
    
    Date: 13-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv Mr. Gandhy a/w Adv Ms. Gaikaiwari present for plff. and filed written argument in NM No.970/2019.
    Adv Mr. Akshay Shah i/b J.J. Shah present for defts.
    Heard oral argument of adv for plff in NM No.970/2019.
    Adv for defts seeks time to advance argument.
    Matter is time bound. Time till  21.04.2022 is granted.
    Matter is adjd. for NM  argument p/h to 21.04.022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv Ms.Pooja Muni i/b Bilwala and Co. present for plff.
    Adv Mr. Shah present for defts.
    K.B.
    LO. at 4.00 p.m.
    Adv Ms.Pooja Muni i/b Bilwala and Co. present for plff.
    Adv Mr. Chirag Shah @ Adv Mr. Akshay Shah for deft present.
    Heard argument partly of adv for deft in NM No. 969/2019  and 970/2019.
    Ld. advocate for defts submitted that some other suit between the parties is kept before Honble High Court on 26.04.2022 and it is most likely that said suit and this suit may settled on that date.
    By consent, matter is adjd. for further NM argument to 27.04.2022 at 4.30 p.m.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-04-2022
    
    Date: 27-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-04-2022
    
    Date: 27-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. P.D. Gandhi alongwith adv. D. S. Gaikaiwari for plaintiff present.
    Defendant present with her advocate Adv. Chirag Shah.
    Defendant No.2 present in person.
    Heard further argument of advocate for defendant in NM No.970 of 2019.
    In the course of argument, learned advocates for defendant filed pursis at Exh.7 that defendant No.2 does not have any rights, title and interest in respect of the suit premises and in view of that, defendant No.2 cannot create any third party rights in respect of the suit premises as on date. O-Seen. Plaintiff to note.
    Advocate for plaintiff endorsed on NM No.970 of 2019 as In view of Pursis submitted by defendant No.2 before Honble Court, the plaintiffs do not press for any reliefs in the present NM.
    In view of pursis Exh.7 and endorsement made thereafter by advocate for the plaintiff as mentioned above, NM No.970 of 2019 is disposed off.
    By consent, NM No.969 of 2019 is tagged with suit.
    By consent, matter is adjd. for draft issues to 29/06/2022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Adv. Dhanashri Gaikewari i/b M/s. Bilawala for plaintiff present.
    Adv Shah for deft present.
    As court is busy in dictating judgment in Suit No. 1700/2016.
    Hence, matter adjd to 27.07.2022 for hearing.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 27-07-2022
    
    Date: 29-06-2022
    Business: Adv. Dhanashri Gaikewari i/b M/s. Bilawala for plaintiff present.
    Adv Shah for deft present.
    As court is busy in dictating judgment in Suit No. 1700/2016.
    Hence, matter adjd to 27.07.2022 for hearing.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Dhanashree Gaikaiwari i/b Bilawala & co. for plaintiff No. 4 & 5 present. She submits that settlement talks are in progress before the Hon’ble High Court
    None present for defendant.
    Matter adjd to 14.09.2022 for issues/settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 14-09-2022
    
    Date: 27-07-2022
    Business: Adv. Dhanashree Gaikaiwari i/b Bilawala & co. for plaintiff No. 4 & 5 present. She submits that settlement talks are in progress before the Hon’ble High Court
    None present for defendant.
    Matter adjd to 14.09.2022 for issues/settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv.Dhanashree Gaikaiwari i/b. Bilawala and Co. for plaintiff present. She submits that settlement talks are in progress before the Hon\''ble High Court. She requested for time.
    None present for defendant.
    Matter adjd to 19.10.2022 for framing of issues/settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 19-10-2022
    
    Date: 14-09-2022
    Business: Adv.Dhanashree Gaikaiwari i/b. Bilawala and Co. for plaintiff present. She submits that settlement talks are in progress before the Hon\''ble High Court. She requested for time.
    None present for defendant.
    Matter adjd to 19.10.2022 for framing of issues/settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Adv.Dhanashree Gaikaiwari i/b.Bilawala and Co. for plaintiff present and submits that settlement talks are in progress. Suit is likely to be settled. She requested for time.
    Matter adjd to 08.12.2022 for framing of issues/settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 08-12-2022
    
    Date: 19-10-2022
    Business: Adv.Dhanashree Gaikaiwari i/b.Bilawala and Co. for plaintiff present and submits that settlement talks are in progress. Suit is likely to be settled. She requested for time.
    Matter adjd to 08.12.2022 for framing of issues/settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: Adv.Yogesh Gaikwad i/b.M/s.Bilawala and Co. for plaintiff present. He submits that settlement talks are in progress. He requested time.
    None present for defendant.
    Matter adj. to 17.01.2023 for draft issues and settlement.
    LO at 01.30 pm
    As the suit is time bound to keep the issues ready the issues are framed at Exh.8.
    Matter adj. to 17.01.2023 for settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Adv.Dhanashree Gaikaiwari i/b.Bilwala and Co. for plaintiff present. She submits that parties in the proceeding before High Court has arrived at settlement. She requested time of one month for filing the consent terms. She produced copy of order dated 23.12.2022 passed in SU 30681/2021. Copy is taken on record and marked as Exh.9.
    None present for defendants.
    Matter adjd to 22.02.2023 for settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 22-02-2023
    
    Date: 17-01-2023
    Business: Adv.Dhanashree Gaikaiwari i/b.Bilwala and Co. for plaintiff present. She submits that parties in the proceeding before High Court has arrived at settlement. She requested time of one month for filing the consent terms. She produced copy of order dated 23.12.2022 passed in SU 30681/2021. Copy is taken on record and marked as Exh.9.
    None present for defendants.
    Matter adjd to 22.02.2023 for settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv.Dhanashree Gaikaiwari i/b.Bilawala and Co. for plaintiff present.
    None present for the defendants.
    The Adv.for the plaintiff submits that draft of settlement has been exchanged. In the proceeding before Hon\''ble High Court parties have settled their disputes. She requested for adjournment.
    Matter adjd to 30.03.2023 for settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Adv.Dhanashree Gaikaiwari i/b.Bilawala and Co. for plaintiff present.
    None present for defendant.
    On oral request of the plaintiff matter adj. to 27.04.2023 for settlement.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: 27.04.2023
    (10)
    CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
    FOR GREATER MUMBAI, (C.R.No.62)
    SU
    406/19
    NM
    969/19
    Adv. Ms. Dhanashree Gaikaiwari i/b Bilawala & Co. for plaintiff present.
    Adv. For plaintiff present.
    L.O.
    None for defendant.
    Matter adj. to 07/07/2023 for settlement.
    Judge
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 07-07-2023
    
    Date: 27-04-2023
    Business: 27.04.2023
    (10)
    CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
    FOR GREATER MUMBAI, (C.R.No.62)
    SU
    406/19
    NM
    969/19
    Adv. Ms. Dhanashree Gaikaiwari i/b Bilawala & Co. for plaintiff present.
    Adv. For plaintiff present.
    L.O.
    None for defendant.
    Matter adj. to 07/07/2023 for settlement.
    Judge
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Adv. Dhanashree Gaikaiwari for plaintiff present.
    None for defendant.
    Matter is adjd.to 26-07-2023 .
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 07-08-2023
    
    Date: 26-07-2023
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 14-08-2023 for passing appropriate Order.
    Lo 2.45pm
    Adv. Dhanashree Gaikaiwari for defendant present.
    Matter is already adjd.to 14-08-2023 for passing appropriate Order. 11.00am.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: Adv. Dhanashree Gaikaiwari  for plaintiff present.
    None for defendant
    The Ld. Counsel for  plaintiff would make submission that the parties have amicably settled the dispute between them and they will filed consent terms by next date. Hence, the matter stands adjourned for filing consent term.
    Matter is adjd.to 19-08-2023 for filing consent term.
    11.00am
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: Adv. Arvind Giriraj for plaintiff present.
    Defendant no. 2 in person present.
    Matter is adjd.to   06-09-2023 for S.CT.H.CT. TIME BOUND
    MORNING SESSION.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv. Dhanashree Gaikaiwari for plaintiff present.
    None for defendant
    Since the parties have not arrive that amicable settlement for over more than six month, the matter be process for framing of issues.
    Matter is adjd.to 30-10-2023 for issues. 11.00am
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Adv. Mansi Shah for plaintiff present and filed draft issues t.o.r. marked as Exh.10
    None for defendants
    Matter is adjd.to 20-11-2023 for Hearing.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv. Dhanashree Gaikaiwari for plaintiff present.
    None for defendant
    Matter is adjourned to 03-01-2024 for R/E by plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Court is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: Court is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: None for plaintiff.
    None for defendant
    Matter is adjourned to 28-03-2024 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: Court is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Adv. Dhanashree Gaikaiwari for plaintiff present.
    None for defendant
    Matter is adjourned to 08-07-2024 for R/E
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-06-2024
    
    Date: 26-06-2024
    Business: (NOT ON BOARD TAKEN ON BOARD By preceipe- Exh. 11 )
    Adv. Dhanashree Gaikaiwari a/w  plaintiff present.
    Adv. Tejaswini Kakade  for all defendants a/w  defendant No. 2  present.
    Vide pursis Exh. 12 plaintiff is seeking permission for withdrawal of suit as all the issues involved in the present suit are amicably settled with the defendants. Defendant No. 2 is present but defendant No. 1 because of her old age of 94 years not remained present. Defendant No. 1 is the mother of plaintiff and defendant No. 2. On behalf of both the defendants, defendant No. 2 has confirmed the fact of settlement and giving consent for withdraw of suit. I have verified the signature of plaintiff and defendant No. 2 in comparison with plaint and vakalatnama. It is found correct. Therefore, when all the issues between the parties are amicably settled out of the Court and they do not want to proceed further I have no reason to hold anything contrary so find that permission deserves to be granted. In the result accordingly following order is passed -
    Order
    1. Suit No. 406/2019 is hereby withdrawn cum dismissed for want of prosecution.
    2. NM No. 969/19 is accordingly disposed of.
    3. Court fee be refunded to the plaintiff if he find entitle as per the rules.
    4. Parties to bear their own costs.
    5. Bill of cost be drawn accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 26-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101714/2019
    Filing Date: 08-02-2019
    First Hearing Date: 25th February 2019
    Decision Date: 26th June 2024
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Jun 2024

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0100406/2019 Dr. Dilip Jayantilal Mehta Vs Lataben Jayantilal Mehta Date : 26-06-2024 Business : (NOT ON BOARD TAKEN ON BOARD By preceipe- Exh. 11 ) Adv. Dhanashree Gaikaiwari a/w plaintiff present. Adv. Tejaswini Kakade for all defendants a/w defendant No. 2 present. Vide pursis Exh. 12 plaintiff is seeking permission for withdrawal of suit as all the issues involved in the…

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