Jayesh Jayant ShahVsKantilal Dharshi Shah +1 more

Date: 24-04-2019
Business: Resumed.
Adv. Nargis Khan for plaintiff is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Adv. Khan tendered original writ of summons. O- filed.
Adv. Khan tendered draft NM with affidavit seeking appointment of Court Receiver High Court Bombay or some other person as receiver in respect of the suit property.  Leave to register is granted.  According to her copy of NM is already served on defendant.
Exh. 7-  Vakalatnama of Adv. Manoj Kane I/b Chandra Naik and Associates for defendants. O- Seen and filed.
Adjd for NM reply to 19.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Suresh Surve for plaintiff present.
Adv. Kane for defendants present.
Registered NM 1899/19 tendered by the plaintiff.   TOR.
The Ld. Adv. for defendants seeks time to file reply to NM.
Adjourned for reply to NM to 23.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: By precepie.
Adv. Manoj Kane for both the defendants present.
Draft NM tendered by the defendant nos. 1 and 2 along with the written statement.  Leave is granted to register NM.
Matter is already adjourned to 23.9.2019.
Adjourned for NM reply to 23.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: None present for plaintiff.
Adv. Manoj Kane for defendant nos. 1 and 2 present.
Registered NM no. 3154/19 tendered by defendants.
Adjourned for reply to NM to 20.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Surve for plaintiff present.
Adv. Manoj Kane for defendant present.
The Ld. Advocate for the plaintiff seeks time to file reply to NM no. 3154/19.
Adjourned for reply to NM to 12.2.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Suresh Surve for plaintiff present.
Adv. Manoj Kane for deft. nos.1 and 2 present.
Plaintiff filed reply to N/M no.3154/19.  T.O.R.
ORDER IN N/M NO.3154/19
Heard.  This N/M is tendered by defts. seeking condonation of delay in filing W/S.  Counsel for defts. submitted that deft. no.1 is 78 years old and is not keeping well.  He was admitted thrice in Lilawati Hospital for treatment of kidney and has to go for dialysis alternate day.  Deft. no.2 has to take care of deft. no.1 and also she has to care of her husband who is handicapped.  For the said reasons, defts. could not provide information to the advocate for filing W/S and therefore seeks leave of this court to file W/S.
The N/M is opposed mainly on the ground that the reasons for delay are not justifiable.  The defts. were casual in their approach.  Deft. no.1 approached to Prothonotary Sr. Master, Hon\''ble High Court for obtaining the certified copy of the testamentary petition.  The decision of Prothonotary for granting certified copy to the deft. no.1 was challenged and it was held by the Hon\''ble High Court that deft. no.1 is not entitled for certified copy. He would submit that sufficient cause is not made out by the deft.
The contention of the defts. that deft. no.1 is unwell is not supported by any document.  The reason assigned by the defts. do not appear to be justifiable.
Be that as it may, the matter is not cropped up for evidence and is at initial stage.  The delay is of two months 29 days.  The substantial rights of the parties are involved.  If hyper-technical and pedantic approach is taken in such type of matter, then it would amount to deny the substantial rights of the parties.  No prejudice would be caused to the plaintiff if W/S is taken on record. It would be in the interest of parties if the matter is decided on merits.  Hence, in the interest of justice, N/M needs consideration and therefore, it is expedient to pass the following order.
ORDER
1.    N/M No.3154/19 is made absolute in terms of prayer clause (a) subject to cost of Rs.2,500/- to be paid by defts. to plaintiff within a period of two weeks from today.
2.    Payment of cost is subject precedent.
3.    On payment of cost, the W/S be taken on record.
4.    N/M No.3154/19 is disposed off accordingly.
The matter is adjd for compliance and reply on N/M to 26.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Business: adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 16.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present.
The matter is adjd for N/M reply to 15.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: None for plaintiff.
Adv. Ghosavi for deft. present.
Ld. counsel for deft. submitted that the cost of Rs.2,000/- was paid to the advocate for plaintiff on 21.02.2020.
She tenders acknowledgment to that effect.  O. - Seen.
It appears that the order is complied hence, written statement is taken on record.
Written statement.
O. - Read and recorded.
Ld. counsel for deft. seeks time to file reply to N/M.  Granted.
The matter is adjd for reply to N/M to 22.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: None present.
Defendant failed to file reply to NM NO. 1899/19.  The NM NO. 1899/19 to proceed without reply of the defendants.
The matter is adjd for NM hearing to 03.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: By preceipe.
Adv. Naik for deft. present.
Adv. for deft. filed draft N/M along with reply.  Leave is granted to register.
The matter is already adjd for N/M hearing to 03.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of office order no.106/2021 dated 14.06.2021, holiday declared on Saturday hence matter adjourned to 01/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv. Raje for plff is present.
Adv. Gosavi for deft is present.
Adv.for deft tendered original registered NM No. 1358/21. T.O.R.
Plaintiff filed reply to NM No.1358/21.
                    Order below NM No. 1358/21
Perused the notice of motion and reply. Heard Ld. Adv.of both the sides. As per order dtd. 22.03.2021 Notice of Motion No. 1899/19 was proceeded without reply. It is matter of record that the reply to Notice of Motion No. 1899/19 was ready in all respect and also has been placed on record. However, the order dtd. 22.03.2021 being passed, this notice of motion is taken out the set aside the same. The contents of para no.1 in the affidavit in support executed by defendant no.1 Kantilal Shah discloses about mistake being committed by junior lawyer. It is trite law that for any mistake of advocate the litigant should not suffer. Thus by imposing the cost in my opinion the reply which is already filed can be taken on record and Notice of Motion No. 1899/19 can be heard on merits. Therefore in the interest of Justice, I pass the following order-
                                       ORDER
Notice of Motion No. 1358/21 is allowed in terms of prayer clause (a) subject to defendant paying cost of Rs. 2,000/-(Rupees two thousand only) to the plaintiff within two weeks from today. Notice of Motion No. 1358/21 stands disposed of accordingly.
Matter adjd for compliance and NM hearing on 03.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Surve for pltff present.
Adv. Chaitali Gosavi for deft present.
Matter is adjd to 18/02/2022 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv. Khan for pltff present.
Adv. Chaitali Gosavi for deft present.
On oral request of ld. Adv for pltff, Matter is adjd to 14/06/2022 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv Suresh Surve h/f Adv Santosh Raje for plaintiff present.
None present for defendant.
Matter adjd to 18/06/2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: None appeared.
Keep back till sessions session.
In second session, Plaintiff in person present.
Plaintiff filed rejoinder.
Adv. Mr. Manoj Kane for the defendant present.
Matter stands Adj for arguments on NM to 26.08.2022.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Plaintiff is present.
Adv. Manoj Kane for defendants is present.
On oral request the matter adjourned for NM hearing.
Matter adjd to 10.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv. Dr. Santosh Raje for plaintiff is present.
Adv. Manoj Kane for defendant is present and filed an application for giving direction to the plaintiff to furnish true English official translation of Gujrathi Language of Ornaments Act t.o.r marked as Exh.10. O- Other side to say.
On oral request of Ld.Adv.for plaintiff matter adjourned for say on Exh.10 and NM hearing.
Matter adjd to 16.01.2023 for say on Exh.10 and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv.Santosh Raje for plaintiff is present.
Adv.Jayesh Shukla for defendant is present.
On oral request of advocate for plaintiff, this matter is adjourned.
Matter adjd to 14.03.2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Suresh Surve for plaintiff is present.
Adv. J.P. Mishra for defendant is present.
With consent of both the sides matter adjourned for NM hearing.
Matter adjd to 20.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Plaintiff is present.
Adv. J. P. Mishra for defendant is present.
Matter adjd to 15.09.2023 for hearing on Exh-10.
Next Purpose: HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Plaintiff is present.
Adv. Diti Doshi h/f Adv. Chandra Naik for defendant is present.
The plaintiff has filed copy of translation, it is supplied to the defendant. TOR. O- Seen.
Matter adjd to 23.11.2023 for hearing on Exh. 10.
Next Purpose: HEARING
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Plaintiff present.
Adv. Santosh Raje for plaintiff is present.
Defendant no.1 present.
Adv. Chandra Naik  a/w. Adv. Diti Doshi for defendant is present.
Heard both the ld. Advocate on Exh.10.
Perused Exh.10 and heard both the sides. The Ld. Advocate for defendant seeking time for filing objection pertaining to transaction script. Therefore, one week time granted for filing the same.
Matter adjd to 30.11.2023 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Plaintiff is present.
Defendant no. 1 and 2 are present.
Adv. Chandranaik for defendant is present and filed say on Exh. 10. TOR. Marked as Exh. 10A. Copy supplied to other side.
Matter adjd to 25.01.2024 for hearing on Exh. 10.
Next Purpose: HEARING
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Plaintiff is present and his Adv. absent.
He filed adjournment application Exh. 11. TOR. O- Time granted.
Defendant no. 1 is present and his Adv. absent.
Matter adjd to 19.03.2024 for hearing on Exh. 10.
Next Purpose: HEARING
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: P.O is on official duty at Small Causes Court in 2nd session.
Next Purpose: HEARING
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: Adv. Kuldeep Singh i/b Dr. Santosh Raje for plaintiff is present and filed translation. TOR. Copy be served on other side.
None present for defendant.
Matter adjd to 28.06.2024 for hearing on Exh.10 and NM on the request of Adv. for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Adv. Aditya Tawade i/b Adv. Santosh Raje for plaintiff is present.
Plaintiff is present.
Adv. Diti Doshi h/f Chandra Naik for defendant is present.
Copy of translation served on defendant.
With consent matter adjd to 14.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Plaintiff present.
Adv. Diti Doshi i/b Chandra Naik and Associate for defendant is present and filed reply. TOR. Copy served on plaintiff.
Matter adjd to 07.10.2024 for NM hearing on the request of parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: Adv. Kashmira S. Bharucha for plaintiff is present.
Adv. Mihir R. Pashte h/f Adv. Chandra Naik for defendant no.1 and 2 is present and seek time. O- Time granted as last chance with understanding that no further adjournment will be granted.
Matter adjd to 06.11.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: Adv. K. S. Bharucha for plaintiff is present and seek time. O- Time granted.
Adv. Mihir Pashte h/f Adv. Chandra Naik for defendant is present.
Matter adjd to 20.12.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: Adv. Kuldeep Singh i/b Santosh Raje for plaintiff is present and make statement that defendant no.1 is expired and seek time to bring legal heirs on record. O- Time granted.
Plaintiff present.
Adv. Mihir Pashte h/f Chandra Naik for defendant is present.
Matter adjd to 11.03.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Adv. Santosh Raje for plaintiff is present and tendered draft CHS a/w affidavit in support.
O-Leave granted to register draft CHS. Copy be served on other side including proposed defendant.
Plaintiff is present.
Adv. Mihir Paste for defendant is present.
Matter adjd to 11.06.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: None present for plaintiff and defendant.
Matter adjd to 11.08.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: Plaintiff present and tendered registered chamber summons no.670/2025. TOR.
Adv. Bhavna Nirban h/f Chandra Naik and Associates for defendant no.1 to 4 is present and seek time to file Vakalatnama and reply. O- Time granted.
Matter adjd to 27.10.2025 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: Plaintiff is present
Proposed defendant Reshma Kantilal Shah present and filed Vakalatnama Exh.11. TOR.
She also filed reply to chamber summons no.670/2025. TOR.
Matter adjd to 11.12.2025 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-12-2025

Date: 11-12-2025
Business: Adv. Prathamesh Sarang i/b Santosh D. Raje for plaintiff is present.
Adv. Chandra Naik for defendant no.2 and legal heirs of defendant no.1 is present and pointed out defects in chamber summons more particularly mistakes in the name, address and age of proposed defendant. The Adv. for plaintiff undertake to rectify the defects in the chamber summons and seek time. O- Time granted.
Matter adjd to 16.02.2026 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: p.o. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: Adv. Dr. Santosh Raje for plaintiff is present.
Plaintiff in person present.
Adv. Vinod Sakpal i/b Chandra Naik for defendants is present.
Matter adjourned to 19.08.2026 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: Adv. Santosh Raje a/w plaintiff is present.
Adv. Vinod Sakpal h/f Chandra Naik and Associates for defendant is present.
Heard both sides in chamber summons no.670/2025.
Matter adjourned to 31.08.2026 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: None present for plaintiff.
Adv. Chandra Naik a/w Mr. Vinod Sakpal i/b Chandra Naik and Associates for defendants is present and submitted one Judgment of Honble Supreme Court. Therefore once again matter is posted for hearing on the limited point of citation of Honble Supreme Court.
Matter adjourned to 04.09.2026 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: None present for plaintiff.
Adv. Vinod Sakpal h/f Chandra Naik and Associates for defendants is present.
Matter adjourned to 07.09.2026 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: None present for plaintiff and defendant.
Court is busy in dictating Judgment in suit no.2973/2019. Hence, matter is adjourned for chamber summons order on next date.
Matter adjourned to 15.09.2026 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-09-2026

Date: 15-09-2026
Business: Declared holiday as Ganesh Chaturthi/Visarjan. Hence, matter adjourned to 16.09.2026.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: In view of office order No.279/2026 dated 11.09.2026, on account of Ganesh Chaturthi/Visarjan holiday is declared on 15.09.2026. Hence, matter is taken on todays board.
Court is busy in dictating Judgment in suit No.1058/2015. Hence, matter is adjourned for ch/s order on next date.
Matter adjourned to 21.09.2026 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-09-2026

NOTICE OF MOTION/101358/2021
NOTICE OF MOTION/103154/2019
NOTICE OF MOTION/101899/2019
CHAMBER SUMMONS/100670/2025

Filing Number: 102140/2019
Filing Date: 20-02-2019
First Hearing Date: 24th April 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE