Sunita Mahadeo GawaliVsSuresh Shankar Gawali +2 more

Date: 25-02-2020
Business: Advocate Rajneesh Dubey @ Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
Defendant nos.1 to 3 present and sought time to appoint advocate and to file NM reply. Considering submissions adjourned.
Case is adjourned to 06/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv Mr. Rajnish Dubey for plaintiff present and seeks time to tender registered NM in the Court.
None present for defendant.
As nobody present for the defendant, considering pandemic condition, matter is adjd. for tendering registered NM in the Court by plff and for reply of deft to 02.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv Mr. Rajnish Dubey for plff present and seeks extended time to tender registered NM No.964/2020 in the Court.
None present for deft.
AS nobody is present for the deft, time granted till next date.
Matter is adjd. for tendering registered NM in the Court and NM reply to 24.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Gaurav Pande for plaintiff present and tendered registered NM No.964/2020 a/w affidavit in support.
Roznama dt.25.02.2020 shows that D-1 to 3 have already put appearance in the matter.
Matter be kept for NM reply on next date.
Matter adjd for NM reply on 03/12/2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Jagdish Dubey for plff.
Adv.Puranik for deft. Nos.1 to 3 present and seeks time to file NM reply.
By consent, matter is adjd. for NM reply to 11.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv Mr. Rajnish Dubey present for plff.
None present for the deft Nos.1 to  3
Despite granting sufficient opportunities, deft Nos.1 to 3 failed to file reply hence, Notice of Motion No.964/2020 to proceed without reply of deft nos.1 to  3.
Matter is adjd. for NM hearing to 30.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv.Rajnish Dubey h/f.Adv.Pande for plaintiff present.
None for deft.
As Court is busy in dictating judgment in SU No.4904/08, hence, for want of time matter is adjourned.
Matter adjd to 12.08.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv.Ashok Singh h/f.Adv.Anand Pande for plaintiff present.
None present for deft.
Plaintiff orally requested for adjournment.  Adjournment granted.
Matter adjd to 12.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv.Dipanjali Mishra for plaintiff present.
None present for deft.
As Court is busy in dictating order in NM 2639/19, hence, board is discharged.
Matter adjd to 19.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Ashok Singh for plaintiff present.
None for def.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 13.02.2023  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv.Deepanjali MIshra h/f.Adv.Anand Pandey for plaintiff present.
None present for deft.
On oral request of plaintiff, matter adjd to 05.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv.Anand Pande for plaintiff present.
None present for defendants.
Matter adjd to 27.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Adv. Deepanjali Mishra h/f Adv. A. R. Pandey for plaintiff a/w CA of plaintiff present.
None for defendant
Matter is adjd.to 14-09-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Adv. Deepanjali Mishra for plaintiff present and prayed for adjournment.
None for defendant.
Matter is adjd.to 09-10-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Adv. Deepanjali Mishra for plaintiff present.
None for defendant
Matter is adjd.to 07-11-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Deepanjali Mishra for plaintiff present
None for defendant
On the request of plaintiff counsel, matter adjourned.
Matter is adjourned to 11-01-2024  for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Deepanjali Mishra a/w  plaintiff present.
None for defendant
LO 5.15pm
None for plaintiff.
Since none present for plaintiff to make submission with respect to NM No. 964/20 which is pending since last more than three years, it would appeared that the plaintiff has no interest in said pending NM No. 964/2020. Hence, the said NM No. 964/20 stands dismissed for want of prosecution. Since the record court indicate that the defendants though appeared in the suit failed to file their written statement, the suit shall proceed without written statement of defendants.
Matter adjourn to 07-02-2024 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Adv. Deepanjali Mishra a/w CA of plaintiff present filed draft NM with supporting affidavit t.o.r. - O- Leave is granted to register the draft NM.
None for defendant
Matter is adjourned to 15-02-2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Adv. Gaurav Pande h/f. Adv. Anand Pande for plaintiff present and filed tendered registered NM No. 580 of 2024 alongwith affidavit in support t.o.r.
None for defendant.
Matter is adjourned to   04-03-2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Adv. Deepanjali Mishra a/w CA of plaintiff present.
None for defendant
Matter is adjourned to 26-04-2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Exh. 1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3 - Memorandum of address.
Exh. 4 - List of Document.
Adv. Deepanjali Mishra h/f Adv. Anand Pande a/w CA of plaintiff present
Adv. B. S. Deshmukh for defendant present filed vakalatnma t.o.r. marked as Exh.5
Adv. Deepanjali Mishra for plaintiff and filed affidavit of service in NM No. 580/24 . It is taken on record and marked as Exh.6
Matter is adjourned to 20-06-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv. Shobhi Shukla for plaintiff present.
Defendant no. 2 in person present.
Matter is adjourned to   29-08-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: Adv. Sourabh Mishra for plaintiff present.
None for defendant.
Matter is adjourned to   23-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Adv. Shobhit Shukla for plaintiff present.
None for defendant.
Matter is adjourned to 28.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2025

Date: 12-03-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: Adv. Pathak for plaintiff present.
None for defendant.
On oral request of plaintiff advocate matter is adjourned to 21.06.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: Adv. S. Shukla for plaintiff present.
None for defendant.
Matter is adjourned to 26.08.2025 for NM restoration.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: Adv. Ayman Khan for plaintiff present.
None for defendant.
Matter is adjourned to 20-11-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Pathak alongwith plaintiff present.
None for defendant.
Matter is adjourned to 29-01-2026 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: As court is vacant, hence, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Anand Pande for plaintiff present.
None for defendant.
Order passed in NM no. 580/2024
1. Plaintiff has taken out this Notice of Motion for restoration of Notice of Motion no. 964/2020, which was dismissed in default vide order dated 11/01/2024. It is the contention of plaintiff that she has filed the suit for declaration and permanent injunction against the defendants. The plaintiff has taken out the Notice of Motion no. 964/2020 for injunction under Order 39 Rule 1 and 2 of CPC for restraining the defendants from interfering in the possession of plaintiff over the suit property. The said motion was came to be dismissed for default on 11/01/2024 and on 07/02/2024 itself plaintiff has taken out this Notice of Motion for restoration of Notice of Motion no. 964/2020. He submitted that no prejudice would cause to defendants if the Notice of Motion is restored. Hence, he prayed to allow Notice of Motion and to restore Notice of Motion no. 964/2020.
2. Inspite of service of Notice of Motion to defendants, defendants failed to file any reply. Hence, the Notice of Motion proceeded without reply of defendants.
3. Heard Ld. Advocate for plaintiff. By the present Notice of Motion plaintiff wants to restore Notice of Motion no. 964/2020 which was dismissed for want of prosecution by order dated 11/01/2024. It is matter of record that though the plaintiff has taken out the Notice of Motion in the year 2020, but till dismissing the said motion plaintiff has not taken the trouble to argue. Now, plaintiff wants to restore the said Notice of Motion. During the argument Ld. Advocate for plaintiff submitted that Notice of Motion no. 964/2020 be restored and tagged with suit. Hence, the present Notice of Motion filed by the plaintiff needs to be allowed. Hence, I pass the following order:
ORDER
1. Notice of Motion 580/2024 is hereby allowed.
2. Notice of Motion no. 964/2020 is restored and the same be tagged with the suit.
3. Notice of Motion no. 580/2024 is disposed of accordingly.
Matter is adjourned to 08.04.2026 for order against defendants.
Next Purpose: ORDER
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 10.06.2026 for order.
Next Purpose: ORDER
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.06 am
None for plaintiff.
None for defendant.
Kept Back.
Later on at 02.50 pm
None for plaintiff.
None for defendant.
Kept Back till 05.00 pm.
Later on at 05.25 pm
None appeared till 05.25 pm
The plaintiff till date not filed affidavit of service of defendants. The defendant No. 2 in person was present. The Vakalatnama is filed by the advocate for defendant for all the three defendants. Till date defendants failed to file Written Statement. Hence suit to proceed without written statement and reply to NM. The plaintiff is directed to argue the NM on next date failing which the NM will be disposed of.
Matter is adjourned to 21.09.2026 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Dipti Baniya i/b Adv. Anand Pande for plaintiff present.
Defendant No. 2 present.
Defendant No. 2 seek time to argue on NM.
Matter is adjourned to 05.11.2026 for NM hearing without reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2026

NOTICE OF MOTION/100964/2020
NOTICE OF MOTION/100580/2024

Registration Number: 100497/2020
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: 102040/2020
Filing Date: 13-02-2020
First Hearing Date: 25th February 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE