Date: 16-03-2020
Business: Advocate Mr. J. V. Parmar for Plaintiff present
Advocate Mr. Mehul Rathod i/b Adv.Thakkar for Defendant present and submitted that today Defendant was to file Written Statement however Defendant is unable to attend the court today due to the spreading of Corona in Mumbai. Considering submissions adjourned.
Case is adjourned to 27/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 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: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 04/02/2021 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: None present for plff.
Adv Ms.Dhruvika Bhayani i/b Adv Thakker for defts present and seeks time to file reply to NM.
As nobody is present for the plff, time to file reply is granted till next date.
Adjd. for NM reply to 29.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Son Sharad of plaintiff present and filed affidavit in rejoinder in NM No.779 of 2020 on behalf of the plaintiff.
None present for the defendant.
Matter is adjd. for reply to 11.08.2021.
Next Purpose: REPLY
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv Mr. Mehul Rathod for plff present.
Adv Mr. J.V. Parmar for defts present and filed reply in NM No.779/2020. He also filed written statement on behalf of both defendants. On enquiry, he fairly conceded that WS is not in time as is prescribed in O-8 R-1 C.P.C. He seeks liberty to take out appropriate NM for delay condontiaon. With liberty to take out NM for delay condonation, the WS is kept on record with direction that it will be considered only if the delay condonation NM taken out if any by the defts is allowed.
Adv. for the plff seeks adjournment by submitting that order in DV Act matter is passed which is a recent development.
By consent,matter is adjd. for NM hearing to 09.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Parmar for plaintiff present.
Adv. Deepali Majethia i/b Adv. Kenny Thakkar for defendant present and tendered registered NM No.1958/21 a/w affidavit in support.
Adv. for plaintiff endorsed reply on the NM itself.
Heard.
Ld. advocate for the plaintiff though endorsed reply of objection on the NM, he orally submitted to the order of the Court.
Considering it and the reasons mentioned in affidavit filed in support of the NM, this Court is of the opinion that for giving fair opportunity to the defendants to contest the suit on merit, it would be just to allow the NM by imposing certain cost on the defendants. In the result, NM No.1958/21 is allowed subject to cost of Rs.2000/- (Two Thousand Rupees).
Defendants shall pay the cost to the plaintiff on or before next date.
Adv. for the plaintiff endorsed on NM No.779/20 as not pressed with liberty to file fresh NM.
O - In view of the endorsement made by the Ld. Advocate for the plaintiff, NM No.779/2020 is disposed of at this stage with liberty to the plaintiff to take out fresh notice of motion if required.
Matter is adjd. for compliance to 01/10/2021.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Son of plff present.
Adv Ms. Bhayani for deft present and submitted that cost as per order passed in N.M.No.1958/2021 on previous date is already paid.
Since cost is paid as per order passed on previous date, WS of deft Nos.1 and 2 is taken on record and it is R & R at Exh.3.
N.M.No.779/2020 is appearing on the board though it is already disposed off on 09.09.2021 hence, it be marked as already disposed off in CIS.
Matter is adjd. for draft issues to 04.10.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv Mr. Mishra present for plff. and filed draft issues at Exh.4
None present for deft.
Matter is adjd. for filing draft issues by deft and for framing issues to 22.11.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for plff.
Adv Ms.Dipali Majethiya h/f Adv Mr. Thakkar present for deft. and seeks time to file draft issues.
On request of adv. for deft, matter is adjd. as a last chance to the defts to file draft issues.
Matter is adjd. for draft issues to 06.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present for plff.
Adv Ms. Bhayani present for defts.
Matter is adjd. for draft issues to 14.03.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Plff present in person with Adv Mr. J.V. Parmar.
None present for deft.
Issues (S) framed at Exh.
Matter is adjd. for list of witnesses/ evidence to 12.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Plff present. Adv Mr. Ashish Gupta present for plff.
None present for deft.
Affidavit in lieu of examination in chief of PW-1 Laxmidevi Singhania filed at Exh.6.
Adv for plff produced sixteen documents containing page No.1 to 61 with list Exh.7.
Matter is adjd. for reply of deft about admission denial to 16.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Presiding Officer is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: None present for plaintiff.
Adv.Pragya for deft. present. She submits that parties are in process of settlement. Matter can be referred to lok-adalat. Defendant wants to take instructions, hence, kb.
LO at 01.25 pm
Adv.Dhruvika Bhayani for deft. present. She orally requested date.
Matter adjd to 17.08.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Plaintiff and deft.No.1 and deft.No.2 present. Adv.J.V. Parmar for plaintiff present. Adv.Dhruvika Bhayani for both defendants present.
Both parties submits that matter is settled between the parties. They wants to file consent terms. KB
LO at 11.35 am,
Same appearance.
KB
LO at 11.45 am,
Same appearance.
Both parties have filed consent terms t.o.r. and marked as Exh.8.
ORDER BELOW CONSENT TERMS EXH.8
The plaintiff and both defendants are present with their advocates. Consent terms are readover and explained to them. They voluntarily admit the contents therein. Hence, I pass the following order.
ORDER
1. Consent terms are accepted, read and recorded.
2. Undertakings made therein are accepted.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the consent terms, Exh.8 and today\''s order passed thereon. The plaintiff and defendants have settled their dispute by consent terms Exh.8. Read the Clause No.5 of the consent terms. The plaintiff wants to withdraw the present suit on compliance of terms and conditions of family settlement deed within period of three months. Hence, suit is required to be adjourned for withdrawal in view of consent terms. Hence, adjourned for further necessary orders on Exh.1.
Matter is adjd to 30.09.2022 for withdrawal of suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Defendant No.2 present.
None present for plaintiff.
Adv.Dhruvika Bhayani for defendant present.
Read the last roznama, the plaintiff is required to withdraw this suit in view of consent terms clause No.5.
Matter is 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: None for Plaintiff.
None for defendant.
Matter is adjourned to 22-12-2022
Not settled.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Plaintiff present.
Adv.Harshal Baraskar for both defendants present.
KB
LO at 11.25 am
Same appearance.
KB
LO at 11.40 pm
Plaintiff is present.
Defendant Nos.1 and 2 are present.
Adv.J.V. Parmar for plaintiff present.
Adv.Harshal Baraskar for both defendants present.
The plaintiff filed application for withdrawal of the suit. TOR and marked as Exh.9.
Heard the plaintiff, defendants and their advocates. The plaintiff submits that plaintiff wants to withdraw this suit in view of consent terms Exh.8. Hence, following order is passed below Exh.9.
ORDER BELOW EXH.9
Read the roznama dated 17.08.2022. The plaintiff and defendants have settled their disputes by consent terms Exh.8. In clause No.5 of the said consent terms the plaintiff wants to withdraw the suit. Today, the plaintiff has accordingly filed this application for withdrawal of suit. Therefore, I pass the following order.
ORDER
1. The application Exh.9 is allowed
2. The plaintiff is allowed to withdraw this suit in view of consent terms filed on 17.08.2022 at Exh.8.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.9 and today\''s order passed thereon. The plaintiff wants to withdraw this suit in view of consent terms filed on 17.08.2022 at Exh.8. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn in view of consent terms-Exh.8.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
4. Consent terms filed by the parties at Exh.8 on 17.08.2022 shall be kept alongwith Exh.1.
The plaintiff has filed application for return of original documents t.o.r. and marked as Exh.10.
Order on Exh.10-The plaintiff is allowed to take back the original documents filed with list Exh.7 by keeping certified copies of the same on record. Application Exh.10 is allowed accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 22-12-2022