Shankar Santu KudaleVsSanjay Jagannath Kandalgaonkar +2 more

Date: 04-04-2019
Business: None for plaintiff.
Time extended for writ of summons.
Matter adj. for Writ of Summons to 07.08.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Advocate for Plaintiff sought extension of time to serve writ of summons upon Defendants.  Time extended till next date.
Court is busy in recording evidence in suit no.305/88 and suit no.569/05, hence case is adjourned to 21/10/2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: As holiday was declared on 21/10/2019, on account of Vidhansabha Election, matter is taken on today\''s board and adjourned
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Advocate Mr. Rohit Naik for Plaintiff present and sought extension of time to service writ of summons upon defts.  Time extended till next date.
None present for Defendant.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 26/02/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Advocate Rohit Naik for Plaintiff present
None present for Defendant.
Court is busy in hearing final arguments in suit no.569/05 and court has to dictate Judgment in suit no.8472/86, hence case is adjourned to 17/07/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Business: matter is adjd. to 17.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 10/12/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 23/02/2021 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None present for both the parties.
Despite granting several chances, plff failed to file affidavit of service of writ of summons.
As nobody is present for plff today, suit be kept for dismissal order on next date.
Matter is adjd. for dismissal order to 10.06.2021.
Judge
L.O. at 1.00 p.m.
Adv Mr. J.S. Jamkhande for plff present and seeks extended time to serve the deft with writ of summons. O- Time extended till next date.
Adjd. for service of writ of summons to 10.06.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None present for plff.
Plff has not filed affidavit of service of writ of summons till date hence, matter be kept for dismissal order.
Matter is adjd. for dismissal order to 16.12.2021.
L.O.at 3.40 p.m.
Adv Mr. Jamkhandi for plff presnt and  seeks time for filing affidavit of service. He also requested time for fresh service of writ of summons. Time as prayed is granted. Matter be removed from dismissal caption and it be kept for service on 16.12.2021.
Next Purpose: SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Mr.Jamkhande for plff present and filed affidavit of service alongwith postal acknowledgments and original writ of summons.
None present for deft.
Matter is adjd. for order to 17.01.2022.
Next Purpose: ORDER
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: None present for plff.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv Mr. Rahul Shinde  present for deft.No.3 and filed vakalatnama on behalf of deft No.3 at Exh.5.
He also filed application Exh.6 for seeking time to file WS on behalf of deft No.3.
Plff though has obtained leave to register NM by tendering draft NM on 13.01.2022, registered NM is not tendered in the Court till date.
Matter is adjd. for tendering registered NM in Court and WS of deft No.3 to 21.02.2022.
Judge
L.O.
Adv Mr. P.N. Kulkarni present for the plff and tendered registered NM No.190/2022 alongwith affidavit in support. He seeks time to file affidavit of service.
Already adjd. to 21.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv Mr.Jamkhandi present for plff. and filed affidavit of service in NM No.190/2019.
Adv Mr. Rahul Shinde for deft No.3 present
None present for other defts.
Adv for the plff seeks time to serve deft no.2 with NM 190/2019.
Matter is adjd. for NM service to 08.03.2022.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv Mr. Jamkhandi present for plff.
Adv Mr. Rahul Shinde for deft No.3 present.
None present for other deft.
K.B.
L.O.at 4.05 p.m.
Same appearance as above.
Adv for deft No.3 filed draft NM alongwith affidavit in support for deleting/removing the name of deft No.3 from the suit. O-Leave to register is granted with direction to serve the plff.
Copies given to  the adv for plff in court today.
Adv for plff seeks time to file affidavit of service on deft No.2 in NM No.190/2019.
Matter is adjd. for NM reply and NM service to 18.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv Mr. Jamkhandi present for plff.
Adv Mr. Rahul Shinde present for deft.No.3 and filed registered NM No.1304/2022.
Adv for plff filed reply in NM No.1304/2022.
By consent, matter is adjd. for NM hearing to 10.06.2022.
Ju
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv.Jamkhandi h/f.Adv.Kulkarni for plaintiff present.
Adv.Rahul Shinde for deft.No.3 present.
Earlier order of interim relief if any to continue till next date.
As Court is busy in hearing in other matters and for want of time matter is adjourned.
Matter adjd to 18.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv.R.A. Yadav for plaintiff present.
Adv.Rahul Shinde for deft.No.3 present.
The Ld.Adv.for deft.No.3 filed application. TOR and marked as Exh.7. Copy of same is furnished to the plaintiff.
Matter adjd to 16.09.2022 for reply to Exh.7 and hearing of NM.
Next Purpose: REPLY
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv.Ganesh Murti h/f.Adv.P.N.Kulkarni for plaintiff present. He requested time to file reply on Exh.7.
None present for deft.
Matter adjd to 23.11.2022 for reply on Exh.7.
Next Purpose: REPLY
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv.Shejal Nag h/f.Adv.Kulkarni for plaintiff present.
Adv.Rahul Shinde for deft.No.3 present.
Adv.for plaintiff filed reply to Exh.7 t.o.r. and marked as Exh.8. Copy is received by deft.No.3.
Matter adj. to  15.02.2023  for hearing of Exh.7.
Next Purpose: HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: None present for plaintiff.
Adv.Rahul Shinde for defendant No.3 present.
(As Court is busy in dictating judgment in SU No.7400/2001 and order in other matters, hence, adjourned.)
Matter adjd to 15.04.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present for both sides.
Matter adjd to 26.07.2023 for hearing of Exh.7.
Judge
LO at 03.15 pm
Adv.Jamkhandi for plaintiff present.
Representative of defendant No.3 present.
Matter adjd to 26.07.2023 for hearing of Exh.7.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 28-08-2023

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

Date: 10-10-2023
Business: Adv. Jamkhandi  for plaintiff present.
None for defendant
Matter is adjd.to 21-11-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: None for plaintiff.
Adv. Gaurav Deshpande for defendants present.
Matter is adjourned to 10-01-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Adv. Jamkhande for plaintiff present.
None for defendant
Matter is adjourned to 15-02-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Adv. Jamkhandi for plaintiff present.
Adv. Rahul Shinde  for defendant no. 3 present.
Matter is adjourned to 26-06-2024 for  Hrg as a last chance for deft. to argue the NM No. 190/22
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 12-09-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: None present.
Since long both the notice of motion nos. 190 of 2022 and 1304 of 2022 are for hearing but both the parties failed to take necessary steps.
Matter is adjourned to 09/10/2024 for further order.
Next Purpose: ORDER
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: None for plaintiff.
None for defendant.
O- The NM No.1304/2022 is filed by the defendant No.3 for deletion of his name from the suit and NM No.190/2022 is filed by the plaintiff for injunction against the defendants. But the defendant No.3 and plaintiff both have not proceeded with the notice of motions since long. It is thus appears that they are not interested in prosecution of the notice of motions, accordingly NM No.1304/2022 and 190/2022 are dismissed for want of prosecution.
Matter is adjourned to 11.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 16.01.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 07-04-2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: None present for plaintiff.
None present for defendant.
Matter is adjourned to 07.07.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: None for plaintiff.
None for defendant.
The plaintiff is absent since 26.06.2024. The plaintiff has not taken any steps to conduct the suit. It seems that the plaintiff is not interested to conduct the suit. Hence, the suit is kept for necessary orders on next date.
Matter is adjourned to 08.12.2025 for necessary orders on next date.
Next Purpose: ORDER
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 17.01.2026 for necessary orders.
Next Purpose: ORDER
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: P.O.is on leave
Next Purpose: ORDER
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 27.02.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 10-04-2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.10 am
None for plaintiff.
None for defendant.
On perusal of roznama Exh.7 is pending for hearing filed by defendant. The plaintiff has filed reply at Exh.8. Nobody is appearing to argue Exh.7. It seems that the defendant is not interested to proceed with the application. Hence, Exh.7 is dismissed.
The defendant didnot filed reply till date. Hence, suit to proceed without reply. The plaintiff is directed to adduce evidence on next date failing which the suit will be dismissed.
Matter is adjourned to 04.08.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: P,O.is on Orientation training.
Next Purpose: DISMISSAL
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendants.
Kept Back.
Later on at 05.15 pm
None for plaintiff.
None for defendants.
Order below Exh.1
Roznama shows that the suit is fixed for dismissal order on 10/06/2021. Thereafter, time and again opportunity is granted to the plaintiff to take steps for proceeding with the suit. However, the plaintiff has not proceeded with the suit. Even Notice of motion No. 190/2022 filed by the plaintiff and Notice of motion No. 1304/2022 filed by defendant No. 3 are dismissed for want of prosecution. Since long parties are not attending court. It seems that they are not interested in proceeding with the suit. Hence no purpose will be served by keeping suit pending. Hence I pass following order
ORDER
1. The suit is dismissed as per Order 9 Rule 3 of CPC.
2. No order as to cost.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-09-2026

NOTICE OF MOTION/100190/2022
NOTICE OF MOTION/101304/2022

Registration Number: 100719/2019
Transfer Date: 15-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100719/2019
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: 102107/2019
Filing Date: 20-02-2019
First Hearing Date: 04th April 2019
Decision Date: 07th September 2026
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE