Date: 12-01-2021
Business: Adv. Ramesh Jain for defendant present and filed vakalatnama for defendant. TOR and marked at Exh. 3
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 20.04.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Mentioned by praecipe. NOB. TOB.
Adv. Ramesh Jain for defendant present and tendered draft N/M along with affidavit. Leave granted to register the N/M. Copy be served to other side.
Adjd to 20.04.2021 for NM service/reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 11/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv. A. S. Lokhande For plaintiff present and stated that plaintiff No. 1 expired.
None for defendant.
Adjd for NM hearing to 24/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. A. S. Lokhande For plaintiff present.
Adv. For plaintiff tendered draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Plaintiff to serve the copy of chamber summons to defendant.
Adjd for affidavit of service of chamber summons to 08/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: at 11.16 am
None present when called.
Kb L. O at 2.14 pm
None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for affidavit of service to 07/04/2022
L. O at 3.00 pm
Adv. A. S. Lokhande for plaintiff present.
Adv. For plaintiff tendered registered chamber
summons no. 1819/21 along with affidavit in support. T.O.R
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. A. S. Lokhande for plaintiff present.
None for defendants
Adjd for affidavit of service to 24/06/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None for plaintiff
Adv. Ramesh Jain for defendants no. 1 to 6 present and filed registered NM No. 1105/21 with supporting affidavit. t.o.r.
He also filed written statement of defts t.o.r. exhibition of written statement shall be subject to decision in NM No. 1105/21.
Adv. Ramesh Jain has given no objection at the back side of affidavit in support in C/S No. 1819/21.
C/S No. 1819/21 is moved by the plaintiff for deletion of
plaintiff no. 1''s name due to his death on 20-12-2020. It is
mentioned in affidavit in support that legal representatives
of plaintiff no. 1 are already on record. Hence, C/S No.
1819/21 is made absolute in terms of prayer clause (a)
and (b).
The plaintiff is directed to carry out amendment in the
plaint within 15 days from date of the this order.
Proceeding of C/S No. 1819/21 is closed.
Adv. Ramesh Jain for defendant placed on record copy of
written statement.
The plaintiff has not placed on record NM No. 2013/20
Matter is adjd.to 11-07-2022 for Complaince and NM
reply and filing registered NM by plaintiff
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Nishita Shah for plaintiff present and filed registered NM No. 2013/20 with supporting affidavit. t.o.r.
None for defendant no. 1 to 6
Matter is adjd.to 26-08-2022 for NM Reply by deft.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Kiran Mohite for plaintiff present and he has given say / reply at the back side of NM No. 1105/21.
None for defendants no. 1 to 6.
Matter is adjd.to 12-10-2022 for NM No. 1105/21 Hrg and reply in NM No. 2013/20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Kiran Mohite for plaintiff present.
None for defendants no. 1 to 6
Considering no objection given by the plaintiff in NM No. 1105/21 and the fact that the defendants were served with writ of summons on 29-12-2021, delay can be condoned and written statement can be exhibited by considering directions in SUO MOTO writ petition (civil) No. 3/2020 dtd. 10-01-2022 given by Hon\''ble Supreme Court. Hence, NM No. 1105/21 is made absolute in terms of prayer clause (a). Written statement of defendants no. 1 to 6 is marked as Exh.4 The proceeding of NM No. 1105/21 is closed.
Matter is adjd.to 04-11-2022 for reply in NM No. 2013/20 as a last chance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Kiran Mohite for plaintiffs present.
None for defendants no. 1 to 6.
The defendants have not filed reply in NM. Hence, NM is kept for hearing without reply.
LO at 3.10 pm.
Adv. Ramesh Jain for defendants no. 1 to 6 present and filed affidavit in reply in NM No. 2013/20 t.o.r.
As affidavit in reply is filed immediately after no reply order is passed, it is accepted by setting aside no reply order.
Matter is adjd.to 11-01-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Mohite for plaintiff present.
Adv. Ramesh Jain for defendants no. 1 to 6 present.
On request of both sides matter is refered for mediation.
Matter is adjd.to 03-03-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Kiran Mohite for plaintiff present.
None for defendants no. 1 to 6
Matter is adjd.to 24-04-2023 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Ishita Shah for plaintiff present.
Adv. Ramesh Jain for defendants no. 1 to 6 present.
Matter is adjd.to 15-07-2023 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: Adv. A. S. Lokhande for plaintiff present.
Mediation report received. Mediation failed.
None for defendant.
Matter adjourned for n/m hearing to 11/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Lokhande A. S for plaintiff present.
Plaintiff present.
None For defendant present.
Matter adjourned for NM hearing to 24/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Adv. Lokhande A. S. for plaintiff present and seek time for NM hearing. Time granted till next date.
Adv. Ramesh Jain for defendant present.
Matter adjourned for NM hearing to 20/01/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Adv A.S. Lokhande for Plaintiff present.
None for defendant nos. 1 to 6 present.
Matter stands adjourned on 20.03.2024 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: Advocate Ishita Shah a/w Advocate A.S. Lokhande for Plaintiff present.
None for defendants No.1 to 6 present.
Later on at 03.12 pm.
Advocate Ramesh Jain for defendants No.1 to 6 present.
Earlier order, if any, to be continue till next date.
Matter stands adjourned on 10.04.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Advocate Ishita Shah for Plaintiff present.
None for defendants No.1 to 6 present.
Matter stands adjourned on 27.06.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Plaintiff No.2 in person present.
None for defendant present.
Advocates for both parties are absent.
Matter stands adjourned to 06.07.2024 for Notice of Motion hearing.
Later on at 04.45 pm.
Advocate Ishita Shah for plaintiff present.
Matter stands adjourned to 06.07.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: Adv. Ishita Shah i/b Adv. Kiran Mohite for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Ishita Shah i/b Adv. Kiran Mohite for plaintiff present.
None for defendant present.
Learned Adv. for plaintiff submitted that Notice of Motion may be tagged with the suit. Matter is fixed for filing the draft issues.
Parties to take note.
Matter stands adjourned on 20/07/2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: Adv. Lokhande for plaintiff present and filed draft issues.
None for defendant present.
Defendants have not filed draft issues.
Matter is adjourned for filing draft issues of defendant.
Matter stands adjourned on 21/09/2024 for filing draft issues of defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned for filing draft issues to 22/11/2024
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Adv. Lokhande S. for plaintiff present.
None for defendant present.
Matter adjourned for filing draft issues.
Matter stands adjourned on 23/12/2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 05/03/2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: Adv. A. S. Lokhande for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. A. S. Lokhande for plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 13/03/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: Adv. Ishita Shah for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Ishita Shah along with Kiran Mohite along with A. S. Lokhande for plaintiff present.
None for defendant present.
Issues are framed at Exhibit-5.
Adv. for plaintiff Not Pressed the Notice of Motion No.2013/2020. Hence, Notice of Motion No.2013/2020 is disposed of as withdrawn. Proceeding of Notice of Motion No.2013/2020 in Suit No.1416/2020 is closed. Parties to take note.
Matter stands adjourned on 08/04/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Adv. Lokhande A. S. for plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 06/05/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Adv. Ishtia Shah for plaintiff present.
None for defendant present.
Considering the element of settlement in the matter, same is posted in Second National Lok-Adalat scheduled to be held on 10/05/2025. Parties to take note. Accordingly, issue notice to parties.
Matter stands adjourned on 10/05/2025 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025
Date: 10-05-2025
Business: Matter pertains to C.R. No. 65
Adv. Ishita Shah a/w Lokhande for plaintiff present and filed consent terms at Exhibit-6.
Defendant no. 1 to 3, 5 and 6 in person present.
Plaintiff no. 2 in person present.
Son of the plaintiff no. 1 namely Mr. Sunny Bhavarlala present being power of attorney holder. Original plaintiff no. 1 is expired, hence plaintiff no. 2 and 3 are renumbered as plaintiff no. 1 and 2. Advocate for the plaintiff also produced copy of power of attorney. Marked as Exhibit-7. Copy of award at Exhibit-8. Ld. advocate for the plaintiff further submits that plaintiffs do not want to continue the suit against defendant no. 4. Accordingly statement is made in consent terms in para no. 2. Both parties present admit contents of consent terms and their signatures thereupon. No cogent document is filed on record to show that the suit shop no. 8 is in existence legally. In such case the consent decree likely to be passed hereinafter shall not be used or considered to recognize existence of suit shop no. 8 or rights and interest thereupon if either party has no such right or interest otherwise. Thus decree shall have binding effect parties thereto interse. It would not be useful to claim right before any authority if no such right otherwise exists. accordingly consent decree be passed in terms of consent terms at Exhibit-6 and this order shall form part thereof. Accordingly suit stands disposed of..
Later on..
Adv. Ramesh Jain for defendant present.
Adv. Ms. Amreen Shariff HHJ. SHRI. U. C. DESHMUKH
Panel Member Panel Head
Nature Of Disposal: OTHERWISE
Disposal Date: 10-05-2025