Date: 12-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant No.1 and 2 present.
None for defendant 3 to 7.
Adv.Gatagat for applicant present and tendered original ch/s 288/2020 along with affidavit in support.
One week time is granted for serving the copy of ch/s on defendant corporation.
Matter adjd to 18.04.2020 for service of ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Adjd to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present.
None for deft nos. 3 to 7.
None for applicant.
Matter adjd to 14/01/2021 for Service of Ch/s No.288/2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Court is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Matter adjd to 18/03/2021 for Service of Ch/s upon deft no. 3 to 7/ Reply by plaintiff.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present.
Adv. Gatagat for applicant present.
None for deft no.3 to 7.
Applicant is directed to serve the copy of Ch/s No. 288/2020 upon deft no.3 to7.
Matter adjd to 15/04/2021 for Service of Ch/s upon deft no. 3 to 7/ Reply to Ch/s by plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: As per circular No.79/2021 dt. 12.04.2021 declared holiday on 15.04.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: As court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Rawade for defendant nos.1 and 2/ MCGM present.
None for defendant nos.3 to 7.
Adv Gatagat for applicant present.
Heard Adv for applicant in Ch/s No.288/2020.
Adjd. To 17/09/2021 for order on Ch/s No.288/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Rawade for defendant nos.1 and 2/ MCGM present.
None for defendant nos.3 to 7.
None for applicant.
On 16.09.2021, Adv for applicant is present and argued in Ch/s No.288/2020. The advocate for plaintiff is absent and he has not argued the Ch/s. Today the matter is wrongly kept for order on Ch/s No.288/2020. Therefore, matter be kept for argument of plaintiff on Ch/s No.288/2020.
Adjd. To 30/09/2021 for argument of plaintiff on Ch/s No.288/2020.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
None for defendant nos.3 to 7.
Adv Gatagat for applicant present and tendered affidavit of service. TOR.
Today matter is fixed for the argument of plaintiff in Ch/s NO.288/2020, but none present for plaintiff. It shows that plaintiff is not interested to argue on Ch/s, hence, matter is adjourned for order on Ch/s No.288/2020.
Adjd. To 07/10/2021 for order on Ch/s No.288/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
None for defendant nos.3 to 7.
Adv Gatagat for applicant present.
ORDER ON CH/S NO.288/2020
Applicant filed the Ch/s by contending that plaintiff be directed to delete the names of Defendant nos.3 to 7 and the name of applicant be substituted in their place.
Perused Ch/s, heard advocate for applicant. But plaintiff failed to contest the Ch/s though sufficient chances given to him. Lastly argument of applicant was heard in absence of plaintiff and it was kept for order, then also till today, neither plaintiff nor his advocate appeared and resisted the Ch/s.
Applicant has filed on record the order passed by Honble High Court in Suit No.03/2014. Therein, Honble High Court declared applicant as the owner of 2/3 share in the Suit property. Thereafter, on 26.09.2019, there was a consent terms took place in between applicant and defendant nos.4 to 7. By way of said consent term there is a division of shares of plaintiff and defendant nos.4 to 7 by metes and bound. In the said consent term, it is also agreed that applicant will substitute himself in all Suits by or against defendant nos.4 to 7. The contention of applicant and the documents filed by the applicant remains unchallenged. Thus, there is no good ground to disbelieve the same. So considering documents filed on record by the applicant, he is entitled for the relief prayed. Hence I pass following order
ORDER
1. Prayer clause (a) of Ch/s No.288/2020 filed by the applicant is made absolute.
2. Plaintiff is directed to substitute name of applicant in place of defendant nos.3 to 7 by amending the plaint within 14 days from the date of order.
3. Ch/s No.288/2020 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 07-10-2021