Date: 11-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Resumed.
The P.O. is busy in dictating NM order in suit No. 3142/2009 and disposed off suit no. 301/1998 and judgment in suit no. 6216/2005. For want of time the board is discharged.
Adjd for NM reply to 08.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: Advocate for Plaintiff present and filed affidavit in rejoinder to NM no.585/18, t.o.r. He also filed additional affidavit in support of NM, t.o.r.
Court is busy in dictating Judgment in suit no.6986/06 and hearing NM in suit no.8316/95, hence case is adjourned to 13/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Advocate Y. H. Vora for Plaintiff present
Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 11/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Advocate Vora for Plaintiff present
Advocate Adidya Khare h/f Adv. Gandhi for Defendant present
Perused record of the case. As the contempt NM is pending, it becomes necessary to refer here case between Rampyaribai Wd/o of Sukhdev Daga and others Vs Niladevi, Wd/o of Narayandas Jakhotiya and others reported in 2007 (4) MHLJ at page 213. In said case, Hon\''ble High Court is pleased to observe that,
Having heard the learned Counsel for the rival parties and having given my anxious thought in the matter, I find that the proceedings under Order 39, Rule 2A of the Civil Procedure Code are absolutely independent proceedings. Whether there was breach of injunction or not is a question to be decided upon evidence and the said question has no relevance with the issues in the suit which are to be decided on merits of the suit. The eventuality of breach of injunction has occurred not at the time of filing of the suit but subsequent to the filing of the suit. The issues framed in the suit on merits of the suit cannot be mixed up with the trial of the application (Ex. 37) for breach of injunction. The question whether the petitioner would be prejudiced or not is not relevant. What is relevant is the practice and procedure that is required to be adopted while deciding the suit and the application for breach of injunction. As a matter of fact, in my opinion, the application for breach of injunction should be separately registered as Misc. Judicial case and should be tried by framing appropriate issues. Thus the proceedings for breach of injunction has absolutely nothing to do with the decision of the suit on merits. I fail to understand as to why the proceedings under Order 39, Rule 2A of Civil Procedure Code are not separately registered and separately tried by the learned trial Court.
On perusal of the record it is noticed that contempt NM is separately registered as NM No.585/18. In such circumstances in view of observations of Hon\''ble High Court in the case cited Supra it becomes clear that contempt NM can be heard and decided separately. Hence, for settlement of issues in respect of NM No. 585/18, parties are directed to file draft issues in the matter thereafter, issues will be settled by the Court and as directed by Hon\''ble High Court, separate evidence will be recorded for decision of contempt NM No. 585/18 and said NM will be decided on merits as per the evidence adduced in said NM, hence I proceed to pass following order -
ORDER
NM no.585/18 will be decided separately for that purpose, parties are directed to file draft issues in respect of NM No.585/18.
Case is adjourned to 14/10/2019 for filing draft issues in the suit by Defendant thereafter issues in the suit will be decided.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Court is busy in recording evidence in suit no.6775/00 and court has to dictate Judgment in suit no.3856/99 and suit no.3857/99, hence case is adjourned to 13/12/2019.
L.O.
Advocate Y. H. Vora for Plaintiff present and filed draft issues, t.o.r.
Advocate Preet Chawla for Defendant no.2 present and filed draft issues to suit and contempt NM taken out by Plaintiff. Copy served to other side.
Case is already adjourned to 13/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: As Court is on leave, adjourned to 11-02-2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020
Date: 13-12-2019
Business: As Court is on leave, adjourned to 11-02-2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Advocate Vora for Plaintiff present
Advocate Preet Chavla for Defendant no.2 present
Both learned advocates submitted that draft issues in the suit and contempt NM are filed by parties on record however matter is shown under wrong caption of NM hearing. Considering submissions suit to proceed for settlement of issues in suit as well as in NM.
Case is adjourned to 24/04/2020 for Settlement of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: In view of the advisory to subordinate courts and office order no. 92 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 14.07.2020 for Framing Issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: P.O. is on leave, board is discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: None for plaintiff.
Adv. Prit Phanse def. no. 2 present.
Exh. 5 - Issues are framed.
Adjd to 31.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None for plaintiff.
Adv. Aditya Khare for defe. no. 2 present.
In view of office order No. 64/2021 dtd. 29.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the plaintiff.
Adjd to 23.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: At 11.00 am
Adv. Giriraj for defendant No. 2 present.
Due to Covid-19 pandemic, matter is adjourned.
Adjd for recording evidence to 07/09/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: At 2.46 pm
Adv. Yashvi Panchal for deft No. 2 present.
Adjd for recording evidence to 20/10/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Dt.20/10/2021
Suit 1343/14
NM 585/18
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 2.47 pm
None for plaintiff.
Adv. Yashvi Panchal For defendant No. 2 present.
The NM is filed by plaintiff under order 39 rule 2(a) of CPC for contempt of order dt. 04.02.2015. My predecessor by roznama dt. 11.09.2019 has passed order that NM 585/18 will be decided separately and the suit will also proceed. It is for plaintiff to file evidence and argue Notice of motion. In view of above order passed by my predecessor the suit as well as NM will be proceeded independently and the proceeding of suit will not depend upon decision of Notice of motion. Hence adjd for evidence of plaintiff as issues are framed on 03.02.2021. Parties to proceed on next date failing which in the suit further orders will be passed and NM will be heard and decided without hearing of plaintiff.
At this stage at 2.55 pm Adv. For plaintiff appeared and sought adjournment.
Adjd for evidence of plaintiff/NM hearing to 17/12/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2021
Date: 20-10-2021
Business: Dt.20/10/2021
Suit 1343/14
NM 585/18
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 2.47 pm
None for plaintiff.
Adv. Yashvi Panchal For defendant No. 2 present.
The NM is filed by plaintiff under order 39 rule 2(a) of CPC for contempt of order dt. 04.02.2015. My predecessor by roznama dt. 11.09.2019 has passed order that NM 585/18 will be decided separately and the suit will also proceed. It is for plaintiff to file evidence and argue Notice of motion. In view of above order passed by my predecessor the suit as well as NM will be proceeded independently and the proceeding of suit will not depend upon decision of Notice of motion. Hence adjd for evidence of plaintiff as issues are framed on 03.02.2021. Parties to proceed on next date failing which in the suit further orders will be passed and NM will be heard and decided without hearing of plaintiff.
At this stage at 2.55 pm Adv. For plaintiff appeared and sought adjournment.
Adjd for evidence of plaintiff/NM hearing to 17/12/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Dt.17/12/2021
Suit 1343/14
NM 585/18
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
at 02.45 pm
Adv. Nilesh Trivedi For plaintiff present.
Court is busy in passing judgment in suit No. 647/16 hence adjourned.
Adjd for NM hearing to 18/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 17-12-2021
Business: Dt.17/12/2021
Suit 1343/14
NM 585/18
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
at 02.45 pm
Adv. Nilesh Trivedi For plaintiff present.
Court is busy in passing judgment in suit No. 647/16 hence adjourned.
Adjd for NM hearing to 18/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Udaya Kumar S. Nadar For plaintiff present.
Adv. Aditya Khare for defendant No. 2 present and requested for adjournment.
Adv. For plaintiff is also not ready to argue the notice of motion. Hence adjourned.
Adjd for NM hearing to 08/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022
Date: 18-02-2022
Business: Adv. Udaya Kumar S. Nadar For plaintiff present.
Adv. Aditya Khare for defendant No. 2 present and requested for adjournment.
Adv. For plaintiff is also not ready to argue the notice of motion. Hence adjourned.
Adjd for NM hearing to 08/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Nilesh Trivedi for plaintiff present.
Adjd for NM hearing to 04/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022
Date: 08-04-2022
Business: Adv. Nilesh Trivedi for plaintiff present.
Adjd for NM hearing to 04/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Plff and advocate absent. Adv. Indira Labdhe for Deft no. 2 present. Adjd for R/E in NM and suit on 18.8.22
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022
Date: 04-07-2022
Business: Plff and advocate absent. Adv. Indira Labdhe for Deft no. 2 present. Adjd for R/E in NM and suit on 18.8.22
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Pratiksha Khare for plaintiff present.
Adv. Tejjas Shah for defendant no. 2 present and prayed for adjournment due to non availability of Adv. P. D. Gandhi - allowed
None for defendants no. 1 and 3
Matter is adjd.to 14-10-2022 for R/E in NM and suit. 11.00am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2022
Date: 18-08-2022
Business: Adv. Pratiksha Khare for plaintiff present.
Adv. Tejjas Shah for defendant no. 2 present and prayed for adjournment due to non availability of Adv. P. D. Gandhi - allowed
None for defendants no. 1 and 3
Matter is adjd.to 14-10-2022 for R/E in NM and suit. 11.00am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Nilesh Trivedi for plaintiff present and filed evidence affidavit of PW - 1 Pushpa t.o.r. marked as Exh.5
He also filed list of documents t.o.r. marked as Exh.6
Adv. Tejjas Shah for defendant no. 2 present and received copies of Exh. 5 and Exh. 6.
None for defendants no. 1 and 3
Matter is adjd.to 19-12-2022 for say on documents and cross of PW - 1 Pushpa on Exh. 5. 11.00am
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Anup Kaitan for plaintiff present.
Adv. Kushi Verma for defendant no.2 present and prayed for adjournment - allowed
None for defendants no. 1 and 3.
Matter is adjd.to 10-02-2023 for say on documents on cross of PW - 1 Pushpa on Exh. 5. 11.00am
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2023
Date: 19-12-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: (NOB TOB)(By preceipe moved by the plaintiff - allowed)
Adv. Yogita Mayekar for plaintiff present and filed draft NM with supporting affidavit t.o.r. Leave is granted to register the NM.
Matter is already adjd.to 10-02-2023 for filing
registered NM by plaintiff and say on of PW - 1 Pushpa
on Exh. 5
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2023
Date: 04-01-2023
Business: (NOB TOB)(By preceipe moved by the plaintiff - allowed)
Adv. Yogita Mayekar for plaintiff present and filed draft NM with supporting affidavit t.o.r. Leave is granted to register the NM.
Matter is already adjd.to 10-02-2023 for filing
registered NM by plaintiff and say on of PW - 1 Pushpa
on Exh. 5
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Adv. Anup Khaitan for plaintiff present and filed registered NM No. 75/23 with supporting affidavit. t.o.r.
Adv. Anushree Verma for defendant no. 2 present and filed say on documents t.o.r. marked as Exh.7
She also filed affidavit in reply regarding NM No. 75/23 t.o.r.
Adv. Anup Khaitan for plaintiff received copy of Exh. 7 and affidavit in reply regarding NM No. 75/23.
None for defendant no. 1 and 3
Matter is adjd.to 15-03-2023 for NM Hrg. 2.45pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Simantini Mohite a/w Adv. Anup Khaitan for plaintiff present
Adv. Balaram Mohanty for defendant no. 2 present and filed vakalatnama t.o.r. marked as Exh.8
None for defendant no. 1 and 3
Matter is adjd.to 15-04-2023 for NM Hrg. 2.45pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Simantini Mohite a/w Adv. Anup Khaitan for plaintiff present
Adv. Arvind Giriraj a/w Adv. Balaram Mohanty for defendant no. 2 present
None for defendants no. 1 and 3
Matter is adjd.to 28-04-2023 for NM Hrg. 4.00pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: CA of plaintiff no.1 present.
Representative of namely Arunkumar Pol for defendant present and prayed for adjournment - allowed.
Matter is adjd.to 20-07-2023 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. S. Mohite for plaintiff present.
Plaintiff present.
Adv. Giriraj for defendant no. 2 present.
Matter adjourned for n/m hearing to 28/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2023
Date: 19-06-2023
Business: Adv. S. Mohite for plaintiff present.
Plaintiff present.
Adv. Giriraj for defendant no. 2 present.
Matter adjourned for n/m hearing to 28/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Plaintiff no. 2 in person present, his advocate absent.
Adv. Mansi Shah for defendant no. 2 present.
Matter adjourned for n/m hearing to 20/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: P.O. is on leave, matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2023
Date: 20-09-2023
Business: P.O. is on leave, matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: None For plaintiff present.
Adv. Giriraj for defendant no. 2 present.
Matter adjourned for NM hearing to 11/12/2023.
L. O.
Adv. S. Mohite for plaintiff present.
Plaintiff no. 2 in person present.
Already matter adjourned to 11/12/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023
Date: 06-11-2023
Business: None For plaintiff present.
Adv. Giriraj for defendant no. 2 present.
Matter adjourned for NM hearing to 11/12/2023.
L. O.
Adv. S. Mohite for plaintiff present.
Plaintiff no. 2 in person present.
Already matter adjourned to 11/12/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Adv. Roshani For plaintiff present.
Adv. Mansi Shah for defendant no. 2 present and seek time for Nm hearing. Time granted as last chance. If on next date defendant failed to argue, NM will be heard in their absence.
Matter adjourned for NM hearing to 18/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2023
Date: 11-12-2023
Business: Adv. Roshani For plaintiff present.
Adv. Mansi Shah for defendant no. 2 present and seek time for Nm hearing. Time granted as last chance. If on next date defendant failed to argue, NM will be heard in their absence.
Matter adjourned for NM hearing to 18/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024
Date: 18-12-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: PO is on leave, hence matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024
Date: 06-02-2024
Business: PO is on leave, hence matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Harsh for plaintiff present.
Adv. Balram Mohanti for defendant no.2 present and filed pursis. TOR, and marked as Exh..
Matter adjourned to 21/06/2024 for steps and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 03-04-2024
Business: Adv. Harsh for plaintiff present.
Adv. Balram Mohanti for defendant no.2 present and filed pursis. TOR, and marked as Exh..
Matter adjourned to 21/06/2024 for steps and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Anup Khetan for plaintiff present. He files draft chamber summons to delete the name of defendant no.2 who is expired on 20.03.2024. The plaintiff has filed affidavit alongwith copy of death certificate. The plaintiff seek permission to delete the name of defendant no.2. there is no other substantial prayer. In such circumstances no prejudice will cause to other side. If chamber summons is allowed. Therefore Chamber summons is allowed in terms of prayer clause (a). The plaintiff to carry out necessary amendment forthwith. Accordingly draft chamber summons is disposed off. It be registered for statutory purpose. Leave granted to register Chamber summons.
Adv. Manasi Shah for defendant no.2 present.
Adv. for plaintiff seeks time to argument. Last chance granted.
Matter adjourned for argument to 31.07.2024
LO
Adv. Vidya Chaudhari for defendant no.3 present.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2024
Date: 21-06-2024
Business: Adv. Anup Khetan for plaintiff present. He files draft chamber summons to delete the name of defendant no.2 who is expired on 20.03.2024. The plaintiff has filed affidavit alongwith copy of death certificate. The plaintiff seek permission to delete the name of defendant no.2. there is no other substantial prayer. In such circumstances no prejudice will cause to other side. If chamber summons is allowed. Therefore Chamber summons is allowed in terms of prayer clause (a). The plaintiff to carry out necessary amendment forthwith. Accordingly draft chamber summons is disposed off. It be registered for statutory purpose. Leave granted to register Chamber summons.
Adv. Manasi Shah for defendant no.2 present.
Adv. for plaintiff seeks time to argument. Last chance granted.
Matter adjourned for argument to 31.07.2024
LO
Adv. Vidya Chaudhari for defendant no.3 present.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. S. Mohite for plaintiff present and tendered draft chamber summons to bring LRs of defendant no. 2 on record along with affidavit in support thereof. Taken on record. Leave is granted to register it.
Advocate for plaintiff also tendered register ch/s no. 1275 of 2024. Taken on record. The plaintiff to serve chamber summmons upon heirs of defendant no. 2.
None For defendant present.
Matter adjourned for affidavit of service and ch/s reply to 03/10/2024.
L. O.
Adv. Vidya Chaudhari for defendant no. 3 present.
Matter already adjourned for affidavit of service and ch/s reply to 03/10/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: Adv. For plaintiff present and tendered registered ch/s no. 1762 of 2024 along with affidavit of service at Exhibit-11. She submit that service is completed against all heirs of defendant no. 2. Taken on record.
Advocate for plaintiff also tendered draft chamber summons along with affidavit in support thereof. Taken on record. Leave is granted to register it.
Advocate for proposed defendant no.2a and 2b present and filed V/p at exhibit-10 along with reply to chamber summons no. 1762 of 2024.
Adv. Vidya Chaudhari for defendant no. 3 present.
Matter adjourned for reply by proposed defendant no. 2c and NM argument to 25/10/2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Adv. Simantini Mohite a/w Vishi Shrivastava for plaintiff present and filed affidavit of service at Exhibit-11 She submit that proposed defendants and defendants on record are served. Inspite of service respondent no. 3 failed to appear. Hence chamber summons is proceeded exparte against respondent no. 3.
Adv. Vidya Chaudhari i/b Thakardas Madgavkar for defendant no. 3 present.
Adv. Giriraj for proposed respondent no. 1 and 2 present.
Heard both sides on ch/s no. 1762 pf 2024.
Matter adjourned to 20/11/2024 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: adjourned to 21/11/2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Due to Holiday declared on 20/11/2024, the matter is taken on board.
Adv. Abhit Puppla for respondent no. 1 and 2 present.
Adv. Mohanthy for defendant no. 2a to 2b present.
Plaintiff no. 2 in person present.
Matter adjourned for to 04/12/2024 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: P. O. is on leave, matter adjourned to
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: PO is on leave hence matter adjourned
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: Plaintiff no. 2 in person present.
Adv. Yash Singh for proposed respondent no. 1 and 2 present.
Court is busy in other matter.
Matter adjourned for ch/s order to 03/01/2025.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: Plaintiff no. 2 in person present.
Adv. Abhit Puppala for defendant no. 1 and 2 present.
Adv. Pushpa Makharia a/w Trivenidevi Makharia a/w Neha Surte a/w Krishna Dhadi a/w Thakurdas and Madgavkar for defendant no. 3 present.
Court is busy in other matter.
Matter adjourned for ch/s order to 07/01/2025.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: Plaintiff no. 2 in person present.(In morning session)
Kept Back
Adv. Krishna Dhadhi i/b M/s Thakordas & Madgavkar for defendant no. 3 present.
Adv. Balaram Mohanty for defendant no. 2a & 2b in chamber summons 1762/2024 present.
Adv. Abhit Puppala for defendant no. 1 & 2 present.
Chamber summons 1762/2024 allowed.
Further reason separately recorded. Order dictated and pronounce in open court.
Matter adjourned for compliance to 28.03.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: Plaintiff no. 2 in person present and tendered draft notice of motion alongwith affidavit in support thereof. Taken on record. Leave is granted to register it.
Adv. for defendant no. 2a and 2b present and seeks time to file additional written statement. Time granted till next date.
Adv. Akshita Rathodi i/b Anup Khaitan for applicant present.
Matter adjourned to 18/06/2025 for additional WS and reply.
Later on..
Adv. Neha Surte for defendant no. 3 present.
Next Purpose: REPLY
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: Adv. Aditi S. Khairnar i/b Anup Khaitan for applicant present and tendered registered n/m no. 2207 of 2025.
Adv. Neha Surte for defendant no. 3 present.
Adv. Balaram Mohanty for defendant no. 2a and 2b present.
Matter adjourned for additional written statement and NM reply no. to 07/08/2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: Adv. Harsh Gutka for plaintiff present and filed application at Exhibit-14 for withdrawal of suit. O- Defendant to say.
Plaintiff no. 2 and 2b in person present.
Adv. G. C. Mohanty for defendant no. 2a to 2c present.
None for the defendant no. 3 present.
Later on..
Adv. Harsh Gutka for plaintiff present
Adv. for defendant no. 2a to 2c present and filed say on Exhibit-14 itself. Kept back..
Later on..
Adv. Neha Surte i/b Thakordas and Madgavkar for defendant no. 3 present and seeks time to file reply on Exhibit-14. Time granted till next date.
Matter adjourned for say on Exhibit-14 by defendant no. 3 to 25/08/2025.
Next Purpose: FILING SAY
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: Plaintiff no. 2 present.
Adv. Akshda for plaintiff present.
Defendant no. 3 and advocate absent.
Matter adjourned for say on Exhibit-14 by defendant no. 3 to 15/09/2025.
Later on..
Adv. Neha Surte for defendant no. 3 present and filed say on Exhibit-14 itself.
Next Purpose: FILING SAY
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: Plaintiff no. 2 in person present.
Adv. Balram Mohanti for defendant no. 2a to 2c present.
Daughter of defendant no. 3 Ms. Divya Makharia in person present. Keep back..
Later on..
Same appearance..
Plaintiff no. 1 Pushpa Arunkumar Makharia not present before the court. Parties i.e plaintiff’s and their advocates shall remain present before the court on the next date for passing order on withdrawal application.
Matter adjourned to 20/09/2025 for withdrawal of suit at 12.00 PM.
Next Purpose: WITHDRAWAL
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: Adv. Anup Khaitan for both the plaintiffs present.
Adv. Balram Mohanti for defendant no. 2a to 2c present.
The plaintiff no. 1) Smt. Pushpa Arunkumar Makharia and plaintiff no. 2) Vikas Arunkumar Makharia are present before the court. They have submitted that they want to withdraw the suit. They have filed pursis at Exhibit-14. The defendants no. 2a to 2c and defendant no. 3 have given their no objection to withdraw the suit. The contents of pursis at Exhibit-14 are verified from the plaintiffs and they admitted the same. Though the parties have filed consent terms at Exhibit-13 but the plaintiff and defendants have submitted that they do not want to rely on this consent terms at Exhibit-13. The plaintiffs want to withdraw the suit as per Exhibit-14. Hence following order passed :-
Order..
1) The suit is disposed of as withdrawn in view of pursis at Exhibit-14.
2) Court fees be refunded to the plaintiffs as per rule.
3) No orders as to costs.
4) All the notice of motion and chamber summons if any filed in this suit are disposed of.
Nature Of Disposal: OTHER
Disposal Date: 20-09-2025