Shree Vitthal Rakhumai Sewa SamitiVsM/s. Kushalraj Land Developers Pvt Ltd +2 more

Date: 10-04-2019
Business: Adv. for plff. present.
Deft. and his adv. absent.
Issue writ of summons to the defts.
Matter is adjd. to. 15.07.2019  for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Advocate Ms. Sonika Dubey for Plaintiff present and filed affidavit of service of writ of summons, t.o.r.
Advocate Ms. Swarta Suryavanshi for Defendant present and submitted that on next date she will file vakalatnama for all Defendant.  Considering submissions adjourned.
Case is adjourned to 19/10/2019 for filing vakalatnama and Written Statement by Defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Advocate S. K. Dubey for Plaintiff present
None present for Defendant.
As Defendants have not filed Written Statement today, suit to proceed for no Written Statement order.
Case is adjourned to 06/01/2020 for no Written Statement order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Advocate for Plaintiff present
None present for Defendant.
K.B.
L.O.
Advocate Ms. S. K. Dubey for Plaintiff present and submitted that Plaintiff is not intending to file reply to the NM as only 48 days delay is caused in filing Written Statement by Defendant.
Advocate Mr. Satle for Defendant present
                       ORDER ON NM NO.3500/19
This Notice of Motion is taken out by Defendant for condoning delay of 48 days caused for filing Written Statement.  As mentioned in affidavit filed in support of Notice of Motion the delay was caused in filing Written Statement as some details and clarifications were sought from Defendant.  Thereafter, the draft was given for approval to Defendants.  Again Defendant nos.2 and 3 made certain suggestions and thereafter Written Statement was finalized.  As such the delay was beyond the control of Defendants and it was not intentional one.
Plaintiff has not strongly resisted Notice of Motion hence considering contentions raised in the affidavit filed in support of Notice of Motion I find that Defendants have made out reasonable ground to condone the delay caused in filing their Written Statement.  Hence I proceed to pass following order-
                             ORDER
Notice of Motion No.3500 of 2019 is made absolute in terms of prayer clause (a), subject to cost of Rs.1000/- to be paid to Plaintiff.  It is made clear that, Written Statement of Defendant nos.1 and 2 will be accepted after they will pay cost amount to Plaintiff.
Case is adjourned to 28/02/2020 for compliance/paying cost by Defendant no.1 and 2 to Plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Chairman of Plaintiff present.
None present for Defendant.
Case is adjourned to 05/08/2020 for paying cost by Defendants to Plaintiff for compliance of order passed by the court in Notice of Motion no.3500/19.
L.O.
Advocate Ms. Puja Tated for Defendant no.1 present
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 09/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None present for both the parties.
As per order dt.06.01.2020 passed in N.M. No.3500/2019, deft. Nos.1 and 2 were  directed to pay cost of Rs.1000/- to the plff. There is no material to show that deft Nos.1 and 2 have complied with the said order.
As nobody is present for the plff today, matter is adjourned for compliance/order to 04.05.2021.
Judge
L.O. at 12.35 p.m
President Anand Narayan Sawant of the Plff Shree Vitthal Rakhumai Sewa Samiti present and submitted that deft Nos.1 and  2 have not paid the amount of cost till date.
Already adjd. to 04.05.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: President Anant Sawant of Plff Samiti is present in person.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4.
President Anant Sawant of Plff Samiti submitted that cost of Rs.1000/- is received by the plff from the defts. He endorsed so on NM No.3500/2019.
None present for deft.
As the President of the plff submitted to have received the amount of cost imposed on the defts in order dt.06.01.2020 passed in NM No.3500/2019, the WS at Exh.5 of deft Nos.1 and 2 is R&R.
Matter is adjd. for draft issues to 21.08.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Plaintiff Anand Narayan Sawant present and filed application exh.6 to direct the defendant to supply copy of written statement to the plaintiff.
None present for deft.
Order passed on Exh.6.
Defendants are directed to serve copy of WS Exh.5 to the plaintiff on or before next date failing which, appropriate order will be passed.
Application Exh.6 is thus disposed of as allowed as above.
Matter is adjd. for  compliance and draft issues to 27/09/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-09-2021

Date: 27-09-2021

Date: 22-10-2021
Business: Plff present with Adv Ms.Sonika Dubey for plff.and filed application  Exh.8 for passing ex-parte order against the deft.
None present for defts.
The postal envelope annexed with the application shows that notice was sent to deft no.1 alone. Plff to send said notice of intimation to deft No.2 and 3 also.
Matter is adjd. for service and for hearing on appln Exh.8 to 26.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Mr. Sawant representative of plff present.
Adv Ms. Sonika Dubey present for plff. and filed application Exh.9 for seeking production of documents.
She produced two documents/returned postal envelops with list Exh.10.
Adv. for the plff requested to pass further order by submitting that copy of application Exh.7 sent by post to deft Nos.2 and 3 is received back with endorsement of postal dept as left hence, order may be passed against those defts. Since the envelops containing notices have been received back unserved with endorsements as left by the postal dept., it is not a proper service especially because plff has not filed affidavit to show that those defts are residing on the same address mentioned on those envelopes. Plff to take appropriate steps to serve deft nos.2 and 3 with application Exh.7.
Matter is adjd. for steps to 24.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Ms. Sonika Dubey present for plff. and filed affidavit at Exh.11 of Anand Narayan Sawant that as per the direction of this Court, copy of application Exh.7 was tried to be served on the defts on their last known address. Having gone through the returned postal envelopes produced by the plff with Exh.9 and Exh.10, I found substance in the submission that defts are properly served on their last known address with applications Exh.7. Despite direction issued in the roznama dt.21.08.2021, defts have not served the copy of WS on the plff till date. Since the order is not complied with, the WS Exh.5 of the defts will not be considered as their WS. In the result, the suit be kept for evidence of plff without WS.
None present for deft.
Matter is adjd. for evidence without WS to 19.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: President Anand Sawant of plff present with Adv Ms. Sonika Dubey  for plff.
None present for deft.
Affidavit in lieu of examination in Chief of PW-1 Anand Sawant field at Exh.12.
Adv for plff filed 12 documents with list Exh.13.
Matter is adjd. for reply of deft. about admission denial of documents to 16.06.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Presiding Officer is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Representative of the Plaintiff is present.
None present for defendant.
No reply filed by the defendants on plaintiff\''s document at Exh.13. Case to proceed without reply.
Adj. to 3.10.2022 for hearing on admissibility of documents.
Next Purpose: HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv.Mr.Aranya Shah for deft. present.
KB
LO at 11.35 am
Mr.Anand Sawant, president of plaintiff present.
Adv.Mr.Aranya Shah for deft. present. He filed application for adjournment t.o.r. and marked as Exh.14. O-Adjournment granted to the defendant as last chance.
Matter adjd to 29.11.2022 for admissibility of documents/steps by deft.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Ms.Prajakta Ranade-representative for the plaintiff present.
Adv.Aranya Shah i/b.ARP Partners for deft.No.1 present. He undertakes to file vakalatnama on behalf of deft.No.1 on the next date.
The plaintiff requested for adjournment. Last chance granted.
Matter adj. to 17.02.2023 for hearing on documents/steps by deft.
Next Purpose: HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Prajakta Ranade reprsentative of plaintiff.
Adv. Parshurampuriya for all defendants present he filed V/P for all defendants t.o.r. marked as Exh.15. He furnished copy of W.S to the plaintiffs.
Matter adjd to 20-04-2023 for Hearing on Documents.
Next Purpose: HEARING
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Representative of plaintiff present.
Adv.Parshuram Puriya for defendant No.1 to 3 present and filed draft notice of motion a/w. Affidavit in support. O-Leave granted to register draft NM. Copy of same is received by representative of plaintiff.
Matter adjd to 28.07.2023 for reply in NM by pltff.
Next Purpose: REPLY
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Prajkta Rande representative of plaintiff-
Adv Parshuram Puriya for defendant present and tendered registered NM a/w affidavit-
Prajkta Rande representative of plaintiff requested for time to file reply to NM- Last chance granted-
Matter is adjd-to   06-09-2023 for reply-
Next Purpose: REPLY
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Representative of  plaintiff present.
None for defendant
Matter is adjd.to  09-10-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: None for plaintiff.
Adv. Aadil Parshurampuria for defendant present.
Matter is adjd.to 29-11-2023 for  reply
Next Purpose: REPLY
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 20-01-2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: I
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: Adv. for plaintiff present.
Adv. Parshuram for defendants no. 1 to 3 present.
F. R.S.R. following order passed in -
                                 ORDER
       1. Notice of Motion No.2474 of 2023 stands allowed.
       2. The order dated 24.02.2022 thereby directing the exclusion of the written statement Exh.5 is set aside and the said written statement be taken on record for consideration subject to payment of costs of Rs.1000/- (rupees one thousand only) payable to the plaintiff on or before next date.
       3. Notice of Motion No. 2474 of 2023 stands disposed of accordingly
Matter is adjourned to  30-03-2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: None for plaintiff present.
Adv. Aadil Parusurampuria for defendant nos. 1 to 3 present. He would make submission that since the plff. or his counsel is absent, the def. can not make payment of cost of Rs.1000/- as imposed vide order dt.29-02-2024 passed in N.M. no.2474/2023. The Def. may deposit the said amount of cost in the Court in compliance of the order dated 29/2/2024.
K.B. LO
The defendants no. 1 to 3 deposited amount of cost of Rs. 1000/- . In view of the order passed on 29-02-2024 in NM No. 2474/23. Hence, the written statement tendered by the defendants no. 1 to 3,  it is taken on record and marked as Exh.16
Matter is adjourned to 04-05-2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Adv. for plaintiff present.
Adv. Adil Parsurampuria for defendant present.
Matter is adjourned to 05-07-2024 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 31-08-2024 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: None for plaintiff.
Adv.Adil Parshurampuria for defendant present.
Matter is adjourned to 21.11.2024 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 21-11-2024

Date: 21-11-2024
Business: None for plaintiff.
Adv. Atharva Dutt for defendant present.
Since last two dates none appeared for plaintiff and matter is for further order. The same situation is on today so, matter be kept for dismissal order on the next date.
Matter is adjourned to 03.01.2025 for dismissal order.
Next Purpose: ORDER
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: Representative of plaintiff present.
Adv. Abhijeet Singh for defendant present and filed pursis for dismissed for non-prosecution. It is taken on record and marked as Exh.17.
O- Seen and filed.
Matter is adjourned to 13-03-2025 for Dismissal order.
Next Purpose: ORDER
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: None for plaintiff.
Adv. Abhijeet Singh for defendants present.
Matter is adjourned to 23.06.2025 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: None for plaintiff.
Adv. Abhijeet Singh for defendants present.
Matter is adjourned to 15.09.2025 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: None for plaintiff.
Adv. Aditya Manoj Nair for defendant present.
The plaintiffs are absent since last many dates. The plaintiffs have not taken any steps to conduct the suit. The matter is kept for necessary orders against the plaintiffs.
Matter is adjourned to 19.12.2025 for necessary orders.
Next Purpose: ORDER
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: Adv. Akash Kotecha i/b Adv. R. O. Chaturvedi for plaintiff present.
Representative of defendant no. 2 present.
The advocate for the plaintiff has sought time to take steps in this suit.
Matter is adjourned to 22.01.2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
None for plaintiff.
Adv. Parshuram Maurya for defendant present.
Issues Framed – Exh.18
Matter is adjourned to 07.03.2026 for filing evidence affidavit and documents by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
Adv. Hariharan h/f Adv. Aadil Parsurampuria i/b A&P Associates for defendant present.
Plaintiff absent, not filed evidence affidavit.
Matter is adjourned to 08.06.2026 for evidence of plaintiff.
Later on at 11.40 am
Representative of plaintiff trust (Pramod Parshuram Mestry) in person present.
Matter is adjourned to 08.06.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2026

Date: 08-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.18 am
Adv. Divya Dhumare i/b Adv. Akash Kotecha for plaintiff present and today also not filing evidence. Hence kept for dismissal order.
Adv. Hariharan h/f Adv. Adil Porusuramporia i/b A and P Associates for defendant present.
Matter is adjourned to 30.09.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 30-09-2026

NOTICE OF MOTION/102474/2023
NOTICE OF MOTION/103500/2019

Registration Number: 100829/2019
Transfer Date: 11-04-2019
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100829/2019
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: 102545/2019
Filing Date: 28-02-2019
First Hearing Date: 10th April 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE