Basudev Bhagauteedeen YadavVsMrs. Kamlavati Satyadev Yadev

Date: 16-04-2018
Business: The matter is assigned to this court and received today.
None for pltff.
  Plaintiff is directed to serve the WOS on the defendant simultaneously by speed POST/A.D. and file proof of service.
Adjd for affidavit of service on 16.08.18.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-08-2018

Date: 16-08-2018
Business: Adv. Ms. Richa Tambe for the Plaintiff present.
Application tendered by the plff for extension of time to serve writ of summons. t.o.r O-Allowed.
Matter is adjd. to 10.10.2018 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Adv. Ms. Richa Tambe for the Plaintiff present.
Already filed Vakalatnama of the plff. t.o.r.
Affidavit of service tendered by the plff. t.o.r. It appears that the plff has been duly served with writ of summons, but failed to appear in the suit. Hence exparte order is hereby passed against the deft.
Matter is adjd. to 14.02.2019 for evidence of the plff (exparte.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Resumed.
Adv. Bhavna Pande for plaintiff and Adv. R.S. Yadav for defendant are present.
Adv. Yadav tendered registered NM No. 573/2019 with affidavit.  He undertakes to supply the copy of NM and affidavit to plaintiff today.
Adjd for NM reply to 12.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Resumed.
Adv. Bhavna Pande for plaintiff and Adv. R. S. Yadav for defendant are present.
Adv. Pande seeks time to file reply to NM.  Time is granted.
By consent the matter is adjourned.
Adjd for NM reply to 24.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Adv. Bhavana Pandey for plaintiff present.
Adv. M. D. Pandey for defendant persent.
Board is discharged as the court is busy in hearing final arguments in time bound SU-89/15.
Adjourned NM reply to 26.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019

Date: 24-06-2019
Business: Adv. Bhavana Pandey for plaintiff present.
Adv. M. D. Pandey for defendant persent.
Board is discharged as the court is busy in hearing final arguments in time bound SU-89/15.
Adjourned NM reply to 26.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R. S. Yadav for defendant present.
The Ld. counsel for plaintiff seeks time to file reply to NM.  Last chance is granted.
Adjourned for reply to NM to 21.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R. S. Yadav for defendant present.
Reply filed by plaintiff on NM.
Heard argument of Ld. Advocate for defendant and plaintiff on NM.
Order below Notice of Motion NO. 573/2019
Heard.  The ld. counsel for the defendant submitted that this court was pleased to proceed exparte against the defendant on 10.10.2018.  The defendant submitted that she had gone to her native place in Uttar Pradesh.  She came to know about when her son informed about the filing of the suit by the plaintiff.  The writ of summons was served upon the son of the defendant.  On 10.10.2018 the son of the defendant along with her advocate had been to the court but the matters was listed at no. 72 and after inquiry it revealed that the matter was called at 11.00 am and exparte order was passed.  The defendant approached his advocate and filed the present NM and prayed for setting aside the order 10.10.2018.
           The plaintiff opposed the present NM and submitted that the delay of 99 days has not been explained.  The delay is deliberate and prayed for dismissal of the NM.
              It appears that the order was passed on 10.10.2018.  It appears that the son of  defendant was served on 26.9.2018  The defendant submit on oath that at that time she was not available.  It is apparent that service to the son of the defendant and not the defendant.  Be that as it may, the defendant appeared in the matter subsequently and has tendered this NM.  The plaintiff has not adduced evidence.  The matter is at the preliminary stage.  No prejudice would be caused to the plaintiff if the request of the defendant is considered and it would be in the interest of justice to give opportunity to defendant. This court is the trial court and substantial rights of the parties are involved.  At the trial court the party should not be denied of the opportunity of presenting his case.  Thus the defendant has made out sufficient cause for condoning the delay and setting aside the exparte order.  Hence it is expedient to pass following order.
ORDER
1.  Notice of Motion is made absolute in terms of prayer clause (a) subject to cost of Rs. 2500/- to be paid to the plaintiff within a period of six weeks from today.
2.  Payment of cost is subject precedent.
3.  After compliance of the order, the written statement filed be taken on record.
4.  Notice of Motion is disposed of accordingly.
_________________________________________
Adjourned for compliance to 16.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Adv. Asha Gaikawad for plaintiff present.
Adv. R. S. Yadav for defendant present.
The Ld. Counsel for  the defendant submitted that defendant has paid the cots to the plaintiff.  The Ld. Counsel for the  plaintiff submitted that plaintiff has received the costs.  The order of this court has been complied and therefore written statement is taken on the record.
Written statement.  O-R and R.
Adjourned for issues to 18.1.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R.S. Yadav for deft. present.
Issues framed.
The matter is adjd for list of witness/evidence to 19.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Adv.Bhavna Pandey for plaintiff present
Advocate Yadav for defendant present
In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 20/06/2020 at 11.00 a.m. for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2020

Date: 31-08-2020
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: 15-10-2020

Date: 15-10-2020
Business: Adv. R.S. Yadav for deft. present.
Due to Covid-19, the matter is adjourned to 17.12.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R.S. Yadav for deft. present.
Ld. counsel for plaintiff seeks time to adduce evidence.  Granted.
The matter is adjd for evidence to 20.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R.S. Yadav for deft. present.
Ld. counsel for plaintiff seeks time to adduce evidence.  Granted.
The matter is adjd for evidence to 19.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, all Courts shall remain closed on every Saturday, hence matter adjourned to 17/08/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Bhavna Pandey for plff is present.
Adv. R.S. Yadav for deft is present.
On oral request of Adv.for plff matter adjourned for filing evidence.
Matter adjd for R/E on 12.11.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv. Bhavana Pandey for plaintiff is present.
Adv. R.S. Yadav for defendant is present.
Son of defendant Sanjay Yadav is present.
PW No.1 Basudev Bhagauteedeen Yadav is present.
He has filed affidavit of evidence along with list of documents.
Oath is administered to the witness.
He has admitted the contents of affidavit of evidence and signature thereon. Therefore it is t.o.r marked as Exh.7.
The list of documents t.o.r marked as Exh.8.
Plaintiff to serve the copy of affidavit evidence and documents upon the defendants.
Perused the pleadings on record. Heard both the sides. Both the parties and advocates have consented for referring the matter to mediation. There are elements of settlement between the parties as they are close relatives. As per Section 89 of the CPC, this matter is referred to mediation. Parties are directed to attend District Mediation Centre on 01.03.2022 at 2.00 p.m.
Matter adjd for mediators report on 29.03.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None for pltff.
Adv R. S. Yadav for deft present.
Report received from District Mediation Centre that the matter is not settled.  TOR.  Marked as Exh. 9
Along with the report there is letter of ld judge mediator. TOR.  Marked as Exh. 10.
Matter is adjd to 28/07/2022 for Cross examination.
LO at 12.25 p.m.
Adv. Bhavna Pandey for pltff present.
Matter is already adjd to 28/07/2022 for Cross examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: P.O. in on leave. Matter is adjd. to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: None present for plaintiff.
Adv. Dholkiya i/b Adv. R.S. Yadav for defendant is present.
On oral request of matter adjourn for say on admission and denial of document.
Matter adjd to 02.12.2022 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Adv. Mishra for plaintiff is present.
Daughter of the defendant is present.
Matter adjd to 06.02.2023 for admission and denial of documents as last chance.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Bhavana Pandey for plaintiff is present.
Adv. R.S. Yadav for defendant is present and filed say on admission of denial of documents (Exh.8) t.o.r marked as Exh.8-A.
PW No.1 Basudev Bhagauteedeen Yadav is present.
Matter adjd to 01.04.2023 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv. Sachin Mishra for plaintiff is present.
Adv. R.S. Yadav for defendant is present.
Witness absent.
On oral request of both the sides matter adjourned for admission and denial of documents.
Matter adjd to 13.07.2023 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv. Bhavana Pandey for plaintiff is present.
Adv. R. S. Yadav for defendant is present.
The Ld. Adv. for plaintiff has filed additional list of documents. TOR. Exh-8B. O-seen, other side say.
Plaintiff is directed to supply its copy to other side.
Matter adjd to 16.09.2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Adv. Bhavna Pandey for plaintiff is present.
Adv. R. S. Yadav for defendant is present.
Witness is absent.
Matter adjd to 04.11.2023 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Adv.Himanshu Singh h/f Rajarathnam Baddam for plaintiff is present.
Adv.Vipin Kumar for defendant is present.
PW1 is absent.
Matter adjd to 17-01-2024 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: This court is newly formed on 02.01.2024.
Matter transferred from CR NO.1
None for plaintiff.
None for defendant.
None present both parties.  Witness absent.
L.O.
Adv. Bhavana Pande present for plaintiff and made submission that the matter be kept on 15.03.2024, due to personal difficulty of Plaintiff. Accordingly, matter is adjourned.
PW-1 is present in person.
Due to formation of new court and change of assignment matter adjourned.
Last chance is granted to argue on admission denial.
Matter adjourned for admission denial by both parties to 15/03/2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Court is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: The PO is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
aDv. Manjusha Dubey h/f Av. Bhavana Pandey for  plaintiff is present
Adv. Himanshu Singh h/f Adv. R. M. Mishra for defendant  is present and filed Vakalatnama TOR and marked as Exh.11. O- Filed.
Matter is adjourned for admission and denial to 25-09-2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: PO is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Surendra Yadav for defendant is present.
Matter adjourned for hearing on documents at Exh.08 and 08 (B)       to 10-01-2025.
LO at 12.23 pm.
Adv. Bhavana Pandey for plaintiff is present.
Matter adjourned for hearing on documents at Exh.08 and 08 (B) to 10-01-2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Adv. Manjusha Dubey h/f Adv. Bhavana Pandey for plaintiff is present. She seeks time.
Adv. Surendra Yadav for defendant is present. He filed additional reply to the documents at Exh-8. TOR. Marked as Exh-12. O-  Seen and filed. Copy is served upon advocate of plaintiff.
Copy of Exh-8-B be served by plaintiff upon defendant.
Matter adjourned for hearing on documents at Exh-8 and Exh-8-B to 27.03.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: Adv. Bhavana Pandey for plaintiff is present.
Adv. Surendra Yadav for defendant is present.
K.B.
Later on at 11.59 a.m.
Adv. Bhavana Pandey for plaintiff is present.
Adv. Surendra Yadav for defendant is present and filed say overleaf of Exh-08-B.
Order on Exh-08
Perused the list of documents, reply on Exh-8A and heard both sides.
Documents No.A to D are the copies and not originals, no foundation has been made out for leading secondary evidence. Hence at this juncture cannot be marked as exhibits.
Document No.E is the office copy of the notice sent to defendant and is marked as Exh-13.
Document No.F is the notice reply hence marked as Exh-14.
Document No.G is the letter issued by BEST addressed to one Sattedev Yadav who appears to be husband of defendant. As such the document is not coming out from proper custody. No evidence as to how plaintiff got custody of such document. Hence at this juncture cannot be marked as exhibit.
Order on Exh-08B
Perused list, say, heard.
No evidence has been laid for document Nos. B and D.
Document No.B is not certified copy of Ration Card where as Document No.D is not the original hence cannot be marked as Exhibits.
Document No.C is the original Passbook of the plaintiff and is marked as Exh-15.
Matter adjourned for cross-examination of plaintiff witness to 05.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Adv. Bhavana Pandey for plaintiff is present and sough time to lead evidence.
None for defendant.
Matter adjourned for cross-examination to 23.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: None for plaintiff and defendant.
K.B.
Later on at 12.12 p.m.
Adv. Bhavana Pandey for plaintiff is present and sought time. O- Granted as last chance with directions that no further adjournments will be given on any count.
Adv. Surendar Yadav for defendant is present.
Matter adjourned for recording evidence to 25.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Bhavana Viney Pandey for plaintiff is present.
None for defendant.
K.B.
Later on at 12.20 p.m.
PW-01 a/w Adv. Bhavana Viney Pandey for plaintiff is present.
Adv. R. R. Mishra a/w Adv. Surendra Yadav for defendant is present. He conducted and completed cross-examination of PW-01.
Matter adjourned for further evidence of plaintiff to 05.01.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: Adv. Bhavana V. Pandey for plaintiff is present.
Adv. Surendra Yadav for defendant is present.
Later on..
Adv.  for defendant is present.
Advocate for the plaintiff present and filed adjournment application at Exhibit-16.
O- Heard both sides. The suit is 5 years old.  The record indicates that plaintiff is not proceeding with deligently. Hence adjournment is granted with specific direction that plaintiff shall proceed with suit on next date and shall not seek further adjournment otherwise appropriate order including closing of evidence will be passed.
Matter adjourned for  R/E P. H. by plaintiff to 13/02/2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Bhavana Pandey for plaintiff is present.
Adv. Surendra Yadav for defendant is present.
K.B.
Later on at 12.08 p.m.
PW-02 a/w Adv. Bhavana Pandey for plaintiff is present and filed affidavit of examination in chief. TOR. Marked as Exh-17. Copy is served upon other side.
Matter adjourned for filing list of documents by plaintiff to 13.04.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Surendra Yadav for defendant is present.
K.B.
later on 1.35 p.m
Adv. Bhavna Pandey for plaintiff is present and submitted the compilation of document. O- other side to say. Marked as Exh. 18. She directed to serve the copies of the documents to the defendant.
Matter adjourned for compliance/say on Exh. 18 to 15.07.2026.
                                                                                 Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Dhiraj Sharma h/f Adv. Bhavna Pandey for plaintiff is present and served copy of Exh-18 upon defendant.
Adv. Surendra Yadav for defendant is present.
Plaintiff is directed to supply the copy of Exh-17 to defendants on or before next date to enable him to submit his say to the compilation of documents.
Matter adjourned for say on Exh-17 to 24.08.2026.
                                                                                 Judge
Next Purpose: FILING SAY
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: Court is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 21-09-2026

NOTICE OF MOTION/100573/2019

Registration Number: 100883/2018
Transfer Date: 01-01-2024
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100883/2018
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Registration Number: 100883/2018
Transfer Date: 03-01-2024
From Court: 81 - COURT 81 ADDL. SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100883/2018
Transfer Date: 05-08-2026
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 64 - COURT 64 AD-HOC ADDL SESSIONS JUDGE

Filing Number: 102094/2018
Filing Date: 06-02-2018
First Hearing Date: 16th April 2018
Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE