Date: 15-03-2019
Business: Adv. Mr. Khopade for Plaintiff Present and filed re-register ch/su 442/19 (High Court ch/su 747/10) is t.o.r.
Adv. Mr. Gupte for defendant nos. 3-b to 3-f Present.
Copy of ch/su 442/19 served on defendant nos. 3-b to 3-f.
Plaintiff to serve copy of ch/su be served to remaining defendants.
Adjd to 13/06/2019 for service and reply
Next Purpose: SERVICE
Next Hearing Date: 13-06-2019
Date: 13-06-2019
Business: Adv. Kopade for plff. present.
Adv. Suraj Gupte for deft. no.3b to 3f present.
Adjd.to 05.07.2019 for ch/s service.
Next Purpose: SERVICE
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Adv. Thorat for the Plff. Present.
Adv. Sinead P Remedios for Deft. No. 3 E present.
Adv Kansara for Deft. No.1 Present.
Adv for plff. for adjournment.
Matter is adjd for Service Affidavit of Chamber Summons on 30.08.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Adv for plaintiff Ms.Aarti Sharma present.
Adv for deft No.1 Mr.Kansara present.
Adv for deft No.3B to 3F Mr.Gupte present.
Defendant no.3 in person present.
Adv for deft No.3B to 3F stated that necessary order be pass on C/S 442/19 and they will not file separate reply.
Plaintiff not tendered registered C/S.
Matter is Adjd for Affidavit of Service to C/S to 17.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv for plaintiff Mr.Modi present.
Adv for deft no.3B to 3E Mr.Sameer Tendulkar present.
Adv for deft no.1 Ms.Bhakti present.
Adv for deft no.1 requested for adjournment to file reply to C/S.
Adv for plaintiff tendered registered C/S along with affidavit.
Adv for deft no.3B to 3E stated that deft no.1 has not filed WS and therefore, no WS order be passed.
Matter is Adjd for Reply to C/S 442/19 to 12.12.2019
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: P.O. is on half day leave.
Next Purpose: C/S REPLY
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv for plaintiff Ms.Remedies present.
Adv for deft no.1 Mr.Kansala present.
Adv for deft no.3B to 3F to Mr.Suraj Gupte present.
Adv for deft no.1 stated that they have already filed reply to C/S 442/19 which was originally numbered as 747/10.
Adv for plff. stated that she has received copy of reply.
Adv for deft no.3A to 3F stated that they are consenting to allow C/S.
Adv for deft no.1 gave copy of reply which he had filed already to C/S No.747/10. T.O.R.
Matter is Adjd for C/S 442/19 Reply to 06.02.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv for plaintiff present.
Adv for deft no.1 present.
Deft 3 in person present.
Adv for deft no.3E to 3F Ms.Shreeya Hindalekar present.
Adv for plff requested for adjournment to file rejoinder.
O-Granted.
Matter is Adjd for Filling Rejoinder to 05.03.2020.
Next Purpose: REJOINDER
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv for plaintiff Mr.Remedies present.
Adv for deft no.1 Mr.Kansala present.
Deft no.3(e) Ms.Sunita Khamkar in person present.
Deft no.3(e) in person filed draft N/M along with affidavit.
O-Leave Granted to register N/M.
Adv for plff.stated that she has received copy of draft N/M and she will file reply to C/S on the next date.
Adv for deft no.1 stated that he has received copy of Draft N/M.
Matter is Adjd for Rejoinder to C/S 442/19 and Reply to N/M to 28.03.2020.
Next Purpose: REJOINDER
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: REJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: REJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: National Lockdown
Next Purpose: REJOINDER
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 17.12.2020.
Next Purpose: REJOINDER
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: P.O. is on Leave
Next Purpose: REJOINDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Sinead Remedios h/f Adv. Thorat for plaintiff is present.
None for defendant.
KB at 2.45 p.m.
LO at 3.15 p.m
Adv. Sinead Remedios h/f Adv. Thorat for plaintiff is present.
Committee Member of Defendant no. 1 Ashwin Desai is present.
Defendant no.3(e) in person present.
As per the record the defendant no. 3 (e) has not tendered on record original NM no. 1007/2020. She has submitted that she has tender on record original registered NM on next date.
With regard to High Court CH/S No. 747/10,(City Civil Court CH/S No.442/19) the plaintiff to note that its very old CH/S. I have gone through the CH/S. Its with regard to bringing LRs of deceased defendant no. 4,7,9 and 10. On perusal of the proposed amendment, addition of 4(a) Janiti Chavan is proposed. The defendant no. 3 (e) is present before the Court has submitted that even Janiti Chavan is expired. In this CH/S no names of LRs of deceased defendant no. 7 Ramsagar Mourya is mentioned. Considering these factors the Adv.for the plaintiff to make submission on next date positively on this CH/S else suitable orders will be passed as the matter and CH/S is very old one and long.
Matter is adjd for CH/S no.747/10 for hearing by way of last chance and for filing of original NM No. 1007/2020, its reply as well as its hearing.
Adjd for hearing on CH/S and NM reply/hearing on 01.04.2021. (Afternoon Session)
Next Purpose: C/S HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Sharma for the plff. present.
It is submitted that adv. Thorat is busy in another Court.
On oral request of advocate for plff.
Matter adjd.to 08/07/2021 for hrg. NM and Ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None for plaintiff.
Adv. Priti Bane for deft. no.1 present.
Deft. no.3(e) in person present.
Suresh Maruti Sawant, L.R. of deft. no.2 present.
Exh.8 Vakalatnama filed by Adv. Priti Bane for deft. no.1. T.O.R.
O. - Filed.
Deft. no.3(e) tendered registered N/M No.1007/20. T.O.R.
The matter is adjd for Ch/sum hearing and reply to N/M to 13.08.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None present for plaintiff.
Adv. Priti Bane for deft no.1 present.
Adv. Suraj Gupte for deft no.3a to 3f present.
In consonance of the detailed observation made on 05.02.2021 keep the CH/S No. 442/19 for dismissal.
Deft no.1 filed reply to NM No. 1007/2020.
Copy served to other side.
Matter adjd for dismissal of CH/S and reply/hearing of NM on 05.10.2021.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Thorat for plaintiff is present.
Adv. Priti Bane for defendant no.1 is present.
Adv. Sameer Tendulkar for defendant no.3(b) to 3(e) is present.
Adv.for plaintiff filed additional affidavit in rejoinder to CH/S No. 442/19. T.O.R.
It is submitted on behalf of Ld. Adv.for the plaintiff this matter is dealt with his senior who is not available today. On his request by way of last chance matter be kept for NM reply and hearing and further directions on CH/S.
Matter adjd for NM reply and hearing on 22.10.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Thorat For plaintiff present.
Adv. Priti Bane For defendant no. 3 present.
Defendant no 1 filed rejoinder on Chs. t.o.r 442 of 2019.
Oral request of adv. for plaintiff Matter is adjd to. 17.12.2021 for Ch/s. hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: In view of Office Order No. 275/21, P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: C/S HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. Remedios for Plff present.
As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 18/02/2022 for CS Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv Modi for pltff present.
Adv Priti Bane for deft no. 1 present.
On oral request of adv for pltff, Matter is adjd to 28/04/2022 for CS Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Advocate Modi for plaintiff present.
Adv. Bane for defendant no. 2 present.
Adv. Suraj Gupte for defendant no. 3(b) to 3(f)
Defendant no. 3(e) in person present.
on oral request matter is adjd to 17/06/2022 for C/S
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Mr. Thorat for the plaintiff present.
Adv. Smt. Preeti Bane for the defendant no.1 present.
Adv. Mr. Sameer Tendulkar for defendant nos.3-b to 3-f present.
Heard Ld. Advocate Mr. Thorat for the plaintiff on Ch/s.
Adv. Smt. Preeti Bane for defendant no.1 filed written notes of arguments.
Heard Ld. Adv. Tendulkar for the defendants 3-b to 3-f.
Respondent nos.2-c and 4-c present.
Adjd. to 04.07.2022 for order on Ch/s.
Judge.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Modi for plaintiff is present.
Adv. Bane for defendant is present.
On oral request matter adjourned for hearing on CH/S.
Matter adjd to 25.08.2022 for CH/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Thorat for plaintiff is present.
Adv. Priti Bane for defendant no.1 is present.
Adv. Suraj Gupte for defendant no.3(b) to 3(e) is present.
Defendant no. 3(e) is present.
Heard both the sides.
Matter adjd to 08.09.2022 for order on CH/S No.442/19.
Next Purpose: ORDER
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: None present for plaintiff.
Adv. Preeti Bane for defendant no.1 is present.
F.R.S.R. following order is passed below CH/S No. 442/19.
ORDER
1. Chamber Summons No. 442/2019 (Old Chamber Summons No. 747/10) is hereby partly allowed. The prayer for bringing legal heirs or legal representative of deceased defendant nos. 2,4,7 ,9 and 10 on record is hereby rejected.
The suit stands abated against defendant nos. 2,4,7 ,9 and 10.
The plaintiff is permitted to shown Smt. Tarabai Amin and Shantilal Parmar as defendant no.8(a) and 8(b), being two different persons in the clause title of the suit.
The plaintiff is directed to carry out amendment to that effect only within 14 days.
Chamber summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 08-09-2022