Vardisingh Kishansingh Rajput alias ShankarbhaiVsJivraj Laxman Solanki

Date: 20-02-2019
Business: By Precipe.
Adv. Kothari for Plaintiff present.
Adv. Puranik for Defendant present.
He undertakes to file V/n for Defendant by next date.
Adv for Plaintiff filed draft NM.
Leave granted to register it.
Copy is given to other side.
Adj for reply to 27.02.2019.
Next Purpose: REPLY
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Adv. Bharat Kothari for Plaintiff present.
Ex.2 Adv. Sawant filed V/n for Defendant t.o.r.
Original NM No.839/19 tendered by Adv for Plaintiff t.o.r.
Reply filed by Defendant t.o.r.
Copy given to other side.
Adv for Defendant made statement that Plaintiff is in possession and Defendant will not interfere with plff\''s possession without following due process of law.
In view of this statement, there is no need to pass any order in relation to ad interim.
Deft appeared. Adv for Defendant waived the service of writ of summons.
Plff is directed to supply copy of plaint alongwith compilation to the Defendant.
Adj for NM hearing and WS to 12.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. Bharat Kothari for Plaintiff present.
Adv. Sawant for Defendant present.
With consent, adj for NM hearing to 14.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Bharat Kothari for Plaintiff present.
Adv. Puranik for Defendant present.
Defendant present.
Defendant tendered original NM No.2083/19 t.o.r.
Say filed by Plaintiff on NM No.2083/19.
Order below NM No.2083/19.
Read Notice of Motion, affidavit in support of it, say of Plaintiff. Heard respective counsel for parties.
Notice of motion is taken out by defendant for grant of permission to file written statement and to condone the delay caused in filing the same.
Plaintiff opposed notice of motion on the count that there is delay in filing notice of motion and if allowed, it may be subject to cost.
It is not in dispute that Adv for defendant waived service of writ of summons on 27.02.2019. Defendant failed to file written statement within prescribed time. It is contended that delay was occurred due to personal difficulties, he has good chances to succeed on merits.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099).
Keeping in view above legal position and reason assigned by the defendant, it is not just to deprive defendant from contesting the matter on merits. The delay caused is not inordinate and deliberate. Therefore, I am inclined to condone the delay caused in filing written statement and permit him to file written statement. However, considering the conduct of defendant, it is necessary to impose certain costs upon him. Hence, pass following order.
ORDER
1. Notice of Motion NO.2083/19 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.1,000/-(Rupees One thousand only) to the plaintiff within period of one week. Defendant is at liberty to deposit costs payable to the plaintiff in Court.
2. On payment of costs the defendant has to file written statement within a period of one week.
Accordingly, NM No.2083/19 is disposed off.
Adj for compliance to 22.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Adv. Jayesh Rajput for Plaintiff present.
Adv. Puranik for defendant present.
Pursis filed by Adv for defendant to treat preliminary reply and written statement as reply to NM No.839/19 t.o.r.
Heard arguments of both sides on NM No.839/19.
Earlier order, if any to continue till next date.
Adj for NM order to 01.08.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv. Bharat Kothari for Plaintiff present.
Son of defendant present.
Adv. Puranik for defendant present.
As Court is busy in dictating orders in other matters, hence adj for NM order to 13.08.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Plff and Adv absent.
Deft and Adv absent.
K.B.
L.O.
Defendant present.
Adv. Sawant for defendant present.
FRSR following order is passed in NM No.839/19.
ORDER
1. Notice of Motion No.839 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Costs will be the cause in the suit.
3. Accordingly, notice of motion is disposed off.
Adj for directions to 21.09.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Adv. Vivek Dubey for plaintiff
Adv. Puranik for defendant present.
Adjd. to 16.11.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: None present for plaintiff.
Defendant present.
Adv. Sawant for defendant present.
Adjourned for framing issues to 13.01.2020.
LO
Adv. Vivek Dubey for plaintiff present.
Already adjourned to 13.01.2020
LO
Adv. Vivek Dubey for plaintiff present.
Already adjourned to 13.01.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: As PO is on Leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None for plff
Adv G R Sawant for deft present
Matter stands Adj for Framing Issue to 02.05.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Adv Vivek Dube for plff present.
Adv Sawant for deft present.
Matter stands Adj for framing issues to 15/02/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv Neha Gupta for plff present.
Adv Sawant for deft present.
Matter stands Adj for Framing Issues to 30/03/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv Rajput for plff present.
Deft present.
Adv Sawant for deft present.
Matter stands Adj for Draft Issues to 18/06/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: Due to Covid - 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plff.
Deft present.
Adv Jitendra Rathod appeared for deft.
Exh 04 - He filed VP for deft. t.o.r.
He seeks time to file draft issues.  Granted.
Matter stands Adj for Draft Issues to 06/01/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv Gaurav Nyayanit appeared for plff.
He undertakes to file VP on next date.
Adv Holmange for deft present.
Matter stands Adj for Draft Issues to 10/03/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv Holmange for plff present.
None for deft.
Matter stands Adj for Draft Issues to 09/06/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Plaintiff and his advocate absent.
Defendant present.
Draft issues not submitted despite sufficient opportunity.
Adj. for framing issues to 22/08/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Gaurav  for plaintiff present.
He filed draft issue. TOR
Adv.  Holmagi for defendant present.
He seek time to file draft issue. Time granted.
Parties are directed to give CTS number of suit property.
Matter is ajdd for draft issue to 01/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv.  Gaurav R. Nyayanit for plaintiff present.
Adv. Mohasil Naik appeared for defendant present.
He filed V/p Exh 5. TOR.
He seek time to submit draft issue. Time granted.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 18/01/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: (NOB-TOB for placing the matter before National Lok-Adalat will be held on 09/09/2023.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the matter. Both parties are directed to remain present before National Lok-Adalat to be held on 09.09.2023 at 10.00 a.m.
Issue notice to both parties to remain present before National-Lok-Adalat.
Matter is adj. to 09/09/2023 for National Lok-Adalat.
Matter is already adjourned for draft issues on 27.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: None present for plaintiff.
Defendant is present.
Matter is not settled.
Case is adjourned to 18/12/2023.
Next Purpose: FOR___________________
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Plaintiff absent.
Advocate Mr. Sajid Qureshi h.f Advocate Mosim Naik for defendant present.
Defendant present.
Later on at 11.55 A.M.
Advocate Mr. Gaurav R. Nyayanik for plaintiff present.
Matter adjourned for draft issues on 05.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Defendant present.
Advocate Mr. Gaurav Nainik for plaintiff present.
Advocate Mr. Mosin Naik for defendant present and tendered draft issues.
Matter adjourned for framing issues on 26.03.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Plaintiff and advocate absent.
Defendant present.
Advocate Mr. Mosin Naik for defendant present.
Matter adjourned for framing issues on 09.05.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: Advocate Mohsin Naik for Defendant present.
Advocate  Jagdish for plaintiff present.
Defendant present.
Matter adjourned for Issue on 22.07.2024.
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Defendant present.
Advocate Ms. Arpita Chopra for plaintiff present.
Advocate Mr. Mosin Naik for defendant present.
Matter is adjourned for framing issues on 09.09.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Plaintiff present.
Defendant in person present.
Advocate Mr. Kunal Thorane for plaintiff present.
Advocate Mr. Mosin Naik for defendant present.
Matter is adjourned for framing issues on 11.11.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: C.A. of plaintiff present.
Advocate Mosin Naik for defendant present.
Advocate Jagdish Nagar a/w Kunal Torne for Plaintiff present.
Issues framed and marked as Exhibit-6.
Matter is adjourned for Recording Evidence on 08.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Advocate Mosin Naik a/w Zhoiab Sayyed for defendant present.
Plaintiff and advocate absent.
Matter is adjourned for Recording Evidence on 24.04.2025.
Later on at 12.10 P.M.
Son of plaintiff present.
Matter is already adjourned for Recording Evidence on 24.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: Plaintiff present.
Advocate Ritika Mohanka for plaintiff present.
Defendant present.
Advocate for defendant absent.
Matter is adjourned for R/E on 16.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Court is vacant, hence adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: Advocate Gaurav Nyayanit for plaintiff is present.
Advocate Mosin Naik for defendant is present.
No evidence filed, they seeks time. O- Granted.
Matter adjourned to 12.02.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: None present for plaintiff.
Defendant in person present.
Advocate Mosin Naik for defendant is present.
Kept back
Later on at 12.30 P.M.
Advocate Kunal Torne for plaintiff is present. He seeks time. O- Rejected.
Advocate Mosin Naik for defendant is present.
Matter adjourned to 07.04.2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: Plaintiff and defendant are present.
Advocate Ritika Mohanka h.f. Advocate Jagdish Nagar for plaintiff is present.
Advocate Mosin Naik for defendant is present.
Kept back
Later on at 12.55 P.M.
Advocate Ritika Mohanka h.f. Advocate Jagdish Nagar for plaintiff is present.
Witness Vardisingh Kishansingh Rajput is present.
He tendered affidavit in lieu of examination in chief. Taken on record and marked as Exhibit-7. O- Read and recorded.
Oath is administered to the witness. He identified his signs and admitted entire contents of his evidence affidavit as true and correct. Copy is served upon advocate of defendant.
He also tendered list of documents. List is TOR and marked as Exhibit-8. Copy is served upon advocate of defendant.                   O- Other side to say.
Advocate Mosin Naik for defendant is present.
Matter adjourned to 23.06.2026 for Reply on Exhibit-8 (Admission / denial).
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: P.O.is on leave hence matter adjourned
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: Advocate Bharat Kothari for plaintiff is present.
Advocate Mosin Naik for defendant no. 1 is present. He filed reply on Exhibit-8.
He seeks time. O- Granted.
Matter adjourned to 24.08.2026 for Admission / Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: Advocate Ritika Mohanka i/b Jagdish Nagar for plaintiff is present and seeks time.
Advocate Mosin Naik for defendant no. 1 is present.
It appears that, matter can be settled through Lok-adalat. As a matter of chance, present suit is referred to Lok-adalat.
Issue notices to both the parties stating them to remain present before National Lok- Adalat on 12.09.2026 at 10.30 A.M.
Matter adjourned to 29.09.2026 for Admission / Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-09-2026

Date: 12-09-2026
Business: NATIONAL LOK-ADALAT HELD ON 12.09.2026 (Panel No.IV)
Matter pertains to CR No.02.
None for plaintiff present.
None for defendant present.
Matter is adjd to 29.09.2026 for admission denial.
 H.H.J. Shri. S.K.Fokmare 		                                 Adv. Priyanka Naik
            Panel Head					                                 Panel Member
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-09-2026

NOTICE OF MOTION/100839/2019
NOTICE OF MOTION/102083/2019

Filing Number: 101776/2019
Filing Date: 11-02-2019
First Hearing Date: 20th February 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE