Date: 22-03-2019
Business: Resumed.
Adv. Dinesh Yadav h/f Adv. Suryaprakash Dube for plaintiff is present. None for defendant.
Adv. Yadav seeks time to serve the def. Nos. 2 and 3. Time is granted as last chance. According to him the summons is served on def. no. 1.
Adjd for affidavit of service to 28.06.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Adv. Sryaprakash Dubey for plaintiff present.
Affidavit of service along with original writ of summons tendered by the plaintiff. TOR.
Adjourned for affidavit of service to 9.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Dube for plaintiff present.
None present for defendants.
The writ of summons discloses that defendant no. 2 and 3 are duly served but they failed to appear in the matter. Hence suit is proceeded exparte against defendant nos. 2 and 3. The affidavit of service in respect of defendant no. 1 is field . On perusal of the acknowledgement it reveals that it does not bear the signature of the receiver. Hence plaintiff to take steps to serve defendant no. 1.
Adjourned for affidavit of service of writ of summons against defendant no. 1 to 11.10.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Suryaprakash Dube for plaintiff present.
Defendant no. 1 present.
Affidavit of service filed by the plaintiff.
Plaintiff tendered copy of plaint and annexture to the defendant no. 1 present in the court. Defendant no. 1 seeks time to file written statement.
Adjourned for filing written statement to 6.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Mr. S. Dubey for plaintiff present.
Adv. Mr. Rathod for deft. no.1 present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Vakalatnama for deft. no.1 is filed.
O. - Seen and filed.
Application for seeking time to file the written statement.
O. - Granted as a last chance.
Original writ of summons tendered by plaintiff. T.O.R.
Original writ of summons shows service on deft. nos.2 and 3. Deft. nos.2 and 3 failed to appear hence to suit to proceed ex-parte against deft. nos.2 and 3.
The matter is adjd for written statement to 10.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Dubey for plaintiff present.
Deft. present. Adv. Shelke for deft. no.1 present.
Ld. counsel for deft. no.1 seeks time to file W/S. Already last chance was granted to deft. no.1 to file W/S. Suit to proceed without W/S of deft. no.1.
The matter is adjd for evidence to 13.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Dubey for plaintiff present.
Adv. Ganesh Shelke for deft. present.
Ld. counsel for plaintiff seeks time to adduce evidence. Granted.
The matter is adjd for evidence to 17.06.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: None present.
The matter is adjd for evidence to 03.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for evidence to 13.07.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 09.09.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. S.S. Dubey for plff is present and tendered draft NM. O- Leave granted to register.
None for deft.
Matter adjd for NM reply on 20.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Suryaprakash Dubey For plaintiff present.
Adv. Vishaka Shelar for deft No.1 present.
Adv. for plaintiff tendered registered NM No.2074/21. TOR.
Adv. for Deft No.1 filed reply to NM No.2074/21. TOR. Copy of reply be served to other side.
Adv. for defendant No.1 filed draft NM.
Order- Leave granted to register NM.
Matter adjd for NM Hearing on 17/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv Suryaprakash Dubey for plaintiff present.
Adv Vishakha Shelar h/f Adv Shri Patil for defendant no.1 present and filed registered NM No.548/2022. TOR.
ORDER BELOW NM NO.548/2022
Perused the NM which is supported by an affidavit of defendant no.1 Vijaya Samalle. The defendant no.1 is ready with the written statement.
Heard Ld Adv of both the sides.
On perusal of the record, the defendant no.1 appeared in this matter on 11.10.2019. On 10.01.2020, the suit is proceeded without W/s of defendant no.1. On perusal of the affidavit in support of NM, it is submitted that defendant no.1 has approached to the some other advocate and sought time for filing W/s. The aforesaid order appears to have been passed prior to the pandemic situation. Since March 2020, there been the pandemic situation and even the Lockdown of the Courts, the Roznama transpires that the matter was adjourned time to time. Be that, as it may. From March 2020, in this date, the said period cannot be said to the consideration for the purpose of limitation. Considering the nature of the Suit, as defendant no.1 is ready with the W/s, in my opinion by imposing certain cost to be paid by defendant no.1 to the plaintiff, would suffice the purpose. For fair trail and proper adjudication of the case of the merits and in interest of justice I pass following order
ORDER
1. Notice of Motion No.548/2022 is allowed and made absolute in terms of prayer clause (a), (b) and (c) subject to the condition that defendant no.1 shall pay the cost of Rs.5000/- to the plaintiff within a period of one month from today.
2. Notice of Motion No.548/2022 is disposed off accordingly.
Matter is adjd to 26/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv. Dubey for plaintiff present.
Adv. Yuvraj Patil for defendant no. 1 present.
It is submitted that order below NM 548/2022 is complied with hence WS t.o.r. Marked as Exh. 07. Copy of W.S. served.
Matter is adjd to 21/07/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Suryprakash Dubey for plaintiff is present.
Adv. Rathod for defendant no.1 is present.
The Ld. Adv.for plaintiff has filed an adjournment application t.o.r marked as Exh.8. O- Allowed.
Issue notice to both the parties for attending National Lok Adalat scheduled to be held on 13.08.2022 at 10.00 a.m.
Matter adjd to 13.08.2022 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertains to C.R.No.1.
Plaintiff is present.
Adv. Suryprakash Dubey for plaintiff is present.
Defendant no.1 is present.
Defendant nos.2 an 3 are absent.
Adv.for defendant nos. 2 and 3 are absent.
Matter adjd to 03.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: As per office order 178 of 2022 dated 25.08.2022, holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is take on today''s board and for want of time matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Adv. Kothlikar for plaintiff is present.
Adv. Sarode for defendant is present.
Matter referred to Lok Adalat.
Matter adjd to 12.11.2022 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Matter is not settled.
Adjourned to 15.11.2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Plaintiff and defendant are present.
Matter adjd to 15.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: P.O.is on leave (Second Session).
Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Plaintiff is present.
Adv. Suryprakash Dubey for plaintiff is present.
Defendant is present.
Adv. Rathod for defendant no.1 is present.
Defendant nos. 2 and 3 proceeded ex-parte.
The plaintiff has filed an application for withdrawal of suit by way of consent terms t.o.r marked as Exh.9.
Order below Exh.1
It is contention of the plaintiff that the matter is amicably resolved in between plaintiff and defendant no.1 as per consent terms filed a/w the application. Consent term is at Exh.10. They are supported by affidavit. On personal verification the plaintiff and defendant no.1 submit that as the matter is settled in between them as per consent terms, hence they do not want to proceed with the matter. It is further submitted by the plaintiff that she does not want to proceed against defendant no.2 and 3, hence matter withdraw against them. Thus considering the submissions, I pass the following order.
ORDER
Suit stands disposed of against defendant no.1 in view of consent terms Exh.10.
Accordingly consent decree be passed.
Suit stands disposed of against defendant no. 2 and 3 as withdrawn.
NM No. 2074/2021 stands disposed of as suit is withdrawn.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 03-01-2023