Yogesh Girdharlal DhruvVsRajesh Girdharlal Dhruv +1 more

Date: 10-04-2019
Business: Matter received from CR No.2
Advocate Mr. Shamim for Plaintiff present and filed affidavit of service of summons, t.o.r.
Advocate Mr. Jagtap for Defendant no.1 present and filed vakalatnama, t.o.r. and submitted that service of summons is waived in respect of Defendant no.1.  It is made clear that as service of summons is waived for Defendant no.1 today, time limit of 90 days for filing Written Statement by Defendant no.1 starts from today.
No one present for Defendant no.2.
Plaintiff is directed to file affidavit of service of summons in respect of Defendant no.2 and if summons is not served upon Defendant no.2 to till this date, Plaintiff to serve it till next date.  Time is extended for such service.
Heard Plaintiff\''s advocate in respect of ad-interim relief in terms of prayer clause (d) of draft NM.  Record shows that draft NM was presented before Hon\''ble High Court and later on suit is transferred to this Court and it seems that draft NM is not registered.  Leave is granted to register draft NM.  Plaintiff is directed to get it registered till next date.
Advocate for Plaintiff pointed out that this is the suit for declaration and partition. Plaintiff and Defendant nos.1 and 2 are real brothers and the partition suit is filed because the property in which all the 3 brothers have joint, share, right and interest is not equally divided.  Plaintiff\''s advocate referred Exh.G filed with plaint.  It is the reply of the notice sent by Plaintiff on 15/05/2018. Said reply is given on behalf of Defendant no.1.  In said reply in para no.5, advocate for Defendant no.1 has mentioned that said advocate has instructions to state that in all the 3 premises referred in the notice of Plaintiff all the 3 brothers, i.e. Plaintiff, Defendant no.1 and Defendant no.2 have equal undivided share right, title and interest.  On careful perusal of notice Exh.F dated 15/05/2018 it is noticed that said notice was issued in respect of shop no.6, Milan Shopping center, ground floor, M.G. Road, Ghatkoar west.  Even though notice F was related to only one shop, advocate for Defendant no.1 has referred all the 3 properties of Plaintiff and Defendant no.1 and 2 and admitted that all 3 brothers have equal share right and interest in those properties.  Exh.K filed with plaint is the reply of notice dated 15/05/2018 given on behalf of Defendant no.2.  On careful perusal of para 2(a) of Exh.K, it becomes clear that advocate for Defendant no.2 has contended that all the 3 brothers are joint tenants in the properties referred in said para 2(a).  On perusal of plaint it is revealed that all 3 properties referred in para 2(a) of Exh.K are shown as suit properties in the plaint.  As such on careful perusal of plaint and documents it becomes clear that Plaintiff, Defendant no.1 and 2 have joint share right and interest in suit properties.  Till this date, NM reply is not filed by Defendant no.1 and 2 hence I find that till filing NM reply by Defendant no.1 who has appeared before the Court or if the NM reply will be filed by Defendant no.2, till then ad-interim relief in terms of prayer clause (d) of draft NM can be granted so that Defendant nos.1 and 2 will not be able to create third party interest in suit properties till the decision of NM on merits.  Hence ad-interim relief in terms of prayer clause (d) of draft NM is granted till decision of NM on merits.
Parties to act upon authenticated copy.
Case is adjourned to 12/06/2019 for reply/register NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: None present for Plaintiff.
Advocate for Defendant no.1 present and filed Written Statement, t.o.r.
Advocate for applicant filed registered Notice of Motion no.1931/2019 with affidavit in support, t.o.r.
Court is busy in hearing and dictating orders on Chamber Summons in suit no.9815/87, hence case is adjourned to 10/07/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Plaintiff present.
Adv. Ansari for plaintiff present.
Defendant present.
Adv. For plaintiff filed affidavit of service. tor.
Earlier order to continue till next date.
Case is adjourned to 18/09/2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Advocate Ansari for Plaintiff present
Advocate Neha Jagtap for Defendant no.1 present and submitted that Written Statement of Defendant no.1 is already filed on record and it may be treated as reply to NM.
Advocate Amit Kasbe for Defendant no.2 present and filed vakalatnama, t.o.r.
Earlier order to continue till next date.
Case is adjourned to 06/11/2019 for NM reply by Defendant no.2/ hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Advocate Murtuza for Plaintiff present
Advocate Vinit Jagtap for Defendant no.1 present
Earlier order to continue till next date.
Court is busy in dictating Judgment in suit no.785/08, hence case is adjourned to 22/01/2020 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Advocate Ansari for Plaintiff present
Advocate Jagtap for Defendant present
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 08/04/2020.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 22-01-2020
Business: Advocate Ansari for Plaintiff present
Advocate Jagtap for Defendant present
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 08/04/2020.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 20-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv Mr. Ansari h/f Adv Mr. Shamim & Co. for plff present.
None present for defendant.
As nobody present for deft, considering present pandemic
condition matter is adjd. for NM reply to 07.04.2021.
Earlier order to continue till then.
Judge
L.O.
Adv Mr. Vinit Jagdat for deft. No.1 present.
Alrady adjd. to 07.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for both the parties.
Considering the present Pandemic Condition, matter is adjourned at same stage to 29/06/2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Advocate Shri Murtuja for plaintiffs present and filed Rejoinder in Notice of Motion No.2121 of 2019.
None present for the defendants.
Matter adjourned for NM hearing and No WS order against defendant No.2 to 04.08.2021.
Earlier interim order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Adv Mr. Ansari i/b S Shamim & co. for plff present.
None present for deft.
Despite putting appearance in the matter on 18.09.2019, deft No.2 failed to file written statement and reply to NM No.1931/2019 hence suit to proceed without WS and NM to proceed without reply of deft No.2
Matter is adjd. for NM hearing to 15.09.2021.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv Mr.Shamim for plff present.
Adv Ms. Neha Jagtap for deft No.1 present.
Adv Mr.Mathew  h/f Adv Mr.Amit Kasbe for deft No.2 present and seeks adjournment.
By consent, Matter is adjd. for NM hearing to 06.10.2021.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Mr.Shamim for plff present.
Adv Mr. Jagtap for deft No.1 present.
Adv Mr. Ashutosh Singh appeared and filed vakalatnama on behalf deft No.2 at Exh.5. He also filed application Exh.6 for rejection of plaint under order-7 Rule-11-b of CPC. Deft No.2 is required to take out NM for the relief claimed in this application as per the rules of Bombay City Civil Courts Act hence, application is disposed off with liberty to the deft No.2 to take out appropriate NM if he wants.
Adv. for the plff requested to appoint a valuer. Since adv. for deft No.2 has expressed that deft No.2 intends to take out NM for improper valuation of the suit, said request cannot be accepted at this stage.
Earlier interim order, if any, to continue till next date.
Matter is adjd. for NM hearing to 24.11.2021
L.O.
Plff  is present with his advocate.
Deft No2 is present with his advocate.
Adv. for deft No.1 is present.
Ld. advocates for the parties submitted that matter may be referred for attempts of settlement through Mediator.
As it appears that there exists an element of settlement, matter is referred for Mediation.
Referral order signed by plff, deft No.2 and ld. advocate for deft No.1 at Exh.7.
Adjd. for awaiting report to 24.11.2021.
Next Purpose: REPORT
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: (Matter pertains to Court Room No.62.)
Adv Mr.Shamim for plff present. Adv Mr. Jagtap for deft No.1 present.
Earlier interim order, if any, to continue till next date.
Matter is adjd. for NM reply to 19.01.2022
I/c Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Adv. Vinay Kumar Vaishya h/f. Ashutosh Singh for defendant No.2 present and filed draft notice of motion alongwith affidavit in support for rejection of plaint under Order 7 Rule 11 Civil Procedure Code and for certain other reliefs. Leave to register is granted.
KB as the matter is on afternoon board.
L.O. at 2.15 pm
 Adv. Vinay Kumar Vaishya h/f. Ashutosh Singh for defendant No.2 present and filed Registered NM No 256/2022 alongwith affidavit in support.
None present for plaintiff.
Adv. for def no. 2 seeks liberty to serve by RPAD.
Liberty is granted.
Adjd for NM Reply. to 14.03.2022
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv Mr.  Ansari h/f Shamim & Co. present for plff.  and seeks adjournment to file reply in NM No.256/2022.
Adv Mr. Jagtap present for deft.No.1.
Adv Mr. Ashutosh Singh present for deft.No.2.
Matter is adjd. for NM reply to 22.06.2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 62)
Adv Mr.  Ansari  for  Shamim & Co. present for plff.
Adv Mr. Jagtap present for deft.No.1.
Non present for  for deft.No.2.
Matter is adjd.  to 20.07.2022. at morning session for   NM reply
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Plaintiff present.
Adv.Ansari for plaintiff present.
Adv.Akshada Shettygar for deft.No.1 present.
Adv.Ashutosh Singh for deft.No.2 present.
Plaintiff filed reply in NM No.256/22 (O-7,R-11) t.o.r. and marked as Exh.9. Copy is received by the deft.No.2.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 21.09.2022 for filing rejoinder in NM 256/22.
Next Purpose: REJOINDER
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv.Shamim for plaintiff present.
Adv.Vineet Jagtap h/f.Niranjan Jagtap and Co. for deft.No.1 present.
Adv.Vinay Kumar Vaishya h/f.Adv.Ashutosh Singh for defendant No.2 present. He filed rejoinder t.o.r. and marked as Exh.10.
Copy of same is received by plaintiff and deft.No.1.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 23.11.2022 for NM argument.
Next Purpose: REJOINDER
Next Hearing Date: 23-11-2022

Date: 21-09-2022
Business: Adv.Shamim for plaintiff present.
Adv.Vineet Jagtap h/f.Niranjan Jagtap and Co. for deft.No.1 present.
Adv.Vinay Kumar Vaishya h/f.Adv.Ashutosh Singh for defendant No.2 present. He filed rejoinder t.o.r. and marked as Exh.10.
Copy of same is received by plaintiff and deft.No.1.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 23.11.2022 for NM argument.
Next Purpose: REJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv.Shamim i/b.Shamim and Co. for plaintiff present.
Adv.Vineet Jagtap for deft.No.1 present.
Adv.Ashutosh Singh for deft.No.2 present.
KB
LO at 04.30 pm
Adv.Shamim i/b.Shamim and Co. for plaintiff present.
Adv.Vineet Jagtap for deft.No.1 present.
Adv.Ashutosh Singh for deft.No.2 present.
Heard Adv.Ashutosh Singh for deft.No.2 in NM 256/22.
Heard Adv.Vineet Jagtap for deft.No.1 in NM 256/22. He supported the defendant No.2.
Heard Adv.Shamim for plaintiff in NM 256/22.
Matter adj. to 17.12.2022 for order in NM 256/22.
Next Purpose: ORDER
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: None for plff.
Defendant no.2 with his Adv. Vinaykumar Vaishya for present.
k.b. order.
later on 5.58 pm.
Court is busy  on dictating order in Notice of Motions No. 143/2019 and NM 982 of 2022 hence  adj. to  04.02.2023  for order.
Judge
Next Purpose: ORDER
Next Hearing Date: 04-02-2023

Date: 17-12-2022
Business: None for plff.
Defendant no.2 with his Adv. Vinaykumar Vaishya for present.
k.b. order.
later on 5.58 pm.
Court is busy  on dictating order in Notice of Motions No. 143/2019 and NM 982 of 2022 hence  adj. to  04.02.2023  for order.
Judge
Next Purpose: ORDER
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv.Vinaykumar Vaishya for defendant No.2 present.
Adv.Saloni Shah present and filed vakalatnama for Adv.Parikshit Desai on behalf of plaintiff. TOR and marked as Exh.11.
KB
LO at 05.20 pm
(As Court is busy in dictating judgment in SU 523/2020 and chamber summons No.996/2022, hence, adjourned.)
Matter adj. to 21.02.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv.Saloni Shah for plaintiff present.
Adv.Aishwarya Shettigar i/b.Niranjan Jagtap and Co. for defendant No.1 present.
Adv.Vinaykumar for defendant No.2 present.
KB
LO at 06.10 pm
As Court is busy in hearing in urgent ad-interim matter in SU 427/23, hence, adjourned.
Matter adjd to 14.03.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv.Vishal Sapre i/b.M/s.Thakore Jariwala R. Associates for plaintiff present.
KB
LO at 03.30 pm
Adv.Aishwarya Shettigar i/b.Niranjan Jagtap and Co. for deft.No.1 present.
KB
LO at 05.45 pm
As Court is busy in dictating order in NM 197/20, hence, matter adjd to 18.03.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present for both sides.
KB
LO at 05.50 pm
As Court was busy in dictation of NM in Sr. No.5, 9, 12, 18, 54 of the board, hence, due to paucity of time, matter adjd to 27.03.2023 for order in NM 256/22.
Next Purpose: ORDER
Next Hearing Date: 27-03-2023

Date: 18-03-2023
Business: None present for both sides.
KB
LO at 05.50 pm
As Court was busy in dictation of NM in Sr. No.5, 9, 12, 18, 54 of the board, hence, due to paucity of time, matter adjd to 27.03.2023 for order in NM 256/22.
Next Purpose: ORDER
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None present for plaintiff.
Adv.Vijay Kumar Vaistiya h/f.Adv.Afzal Payak for deft.No.2 present.
KB
LO at 05.45 pm
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.256/2022 is allowed.
a) Considering the value of the plaintiff\''s share the suit is not within the pecuniary jurisdiction of this Court hence, the plaint is returned to the plaintiff to present it before the proper forum.
b) The plaintiff to take note about the said decision and to comply with provision under Order 7 Rule 10-A of the Code of Civil Procedure, 1908.
c) Matter be kept for necessary compliance.
Matter adjd to 05.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv.Parikshit Desai for plaintiff present.
Adv.Aishwarya Shettigar h/f.Niranjan Jagtap and Co. for defendant No.1 present.
The Adv.for plaintiff requested for time to take instructions for the compliance of order dated 27.03.2023.
Matter adjd to 24.04.2023 for compliance/order if any.
Judge
LO at 04.10 pm
Adv.Vinay Kumar Viashya h/f.Adv.Afzal for defendant No.2 present.
Matter adjd to 24.04.2023 for compliance/order if any.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2023

Date: 05-04-2023
Business: Adv.Parikshit Desai for plaintiff present.
Adv.Aishwarya Shettigar h/f.Niranjan Jagtap and Co. for defendant No.1 present.
The Adv.for plaintiff requested for time to take instructions for the compliance of order dated 27.03.2023.
Matter adjd to 24.04.2023 for compliance/order if any.
Judge
LO at 04.10 pm
Adv.Vinay Kumar Viashya h/f.Adv.Afzal for defendant No.2 present.
Matter adjd to 24.04.2023 for compliance/order if any.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv.Parikshit Desai for plaintiff present.
Adv.Vinaykumar Vaishya for deft.No.2 present.
The Adv.for plaintiff submits that the plaintiff is not applying to exercise option under O-7, R-10A of CPC. Hence, in view of order dated 27.03.2023 and in compliance thereto plaint is returned. Office to follow necessary compliance.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 24-04-2023

NOTICE OF MOTION/101931/2019
NOTICE OF MOTION/100463/2026
NOTICE OF MOTION/100256/2022

Registration Number: 100827/2019
Transfer Date: 09-04-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100827/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 102142/2019
Filing Date: 20-02-2019
First Hearing Date: 10th April 2019
Decision Date: 24th April 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE