Date: 06-04-2018
Business: As court is on leave
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: Adv.Mr.Kaustubh Patil for Plff.present.
Adv.Mr.Raj Gupta h/f Adv.Mr.Khobragade for Defts.no.1 to 3 present and filed vakalatnama t.o.r.and marked at Exh.2.
None for defts.no.4 and 5.
Affidavit of service filed by plaintiff t.o.r.
Adv.for defendant filed draft N/m along with affidavit t.o.r. Leave granted to register N/m. Returnable on
As report in writ of summons, it is duly served on defendant no.4 Paresh Thakar. As none appeared for defendant no.4, therefore suit to proceed Ex-parte against defendant no.4. Plaintiff to take steps to serve writ of summons on defendant no.5.
Heard both the sides on draft N/m.
Order below draft N/m.
1 Draft Notice of Motion is allowed and made absolute in terms of prayer clause(a) and (b) with a specific direction that defendants no.1 to 3 shall file written statement today itself on record.
2 Draft Notice of Motion is disposed of accordingly, it be registered for statistical purpose.
The written statement filed by defendant no.1 to 3 is t.o.r.and marked at Exh.3.
Adjd for service of Defendant.no.5 on 19.11.2018.
Next Purpose: SERVICE
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged
Next Purpose: SERVICE
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv. Rahul Raut for Plaintiff present.
Adv. Pathan for Defendant nos.1 to 3 present.
Plff is directed to take steps for service of writ of summons against Defendant no.5.
Adj for service to 18.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2019
Date: 14-03-2019
Business: Adv. Rahul Raut for Plaintiff present.
Adv. Pathan for Defendant nos.1 to 3 present.
Plff is directed to take steps for service of writ of summons against Defendant no.5.
Adj for service to 18.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Adv. Kaustubh Patil for Plaintiff present.
Adv. Raj Gupta for defendant nos.1 to 3 present.
Ex.3 Application for substituting service upon defendant no.5 filed by Adv for Plaintiff t.o.r.
Perused application and report of Bailiff which shows that defendant no.5 was not found at the address mentioned in writ of summons. As per Plaintiff, it is last known address of defendant no.5. In the above facts of matter, summons be served upon defendant no.5 by publication in daily newspaper being circulated in the city of Mumbai i.e. Free Press Journal, Mumbai and Nav-Shakti, Mumbai on bearing charges by the Plaintiff for its publication.
Accordingly, application Ex.3 is allowed and disposed off.
Adj for service to 08.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Indira for Plaintiff present.
Adv. Gayatri Nair for defendant nos.1 to 3 present.
Application filed by Adv for Plaintiff for extension of time for substituted service upon defendant no.5 t.o.r.
O- Time is extended.
Adj for service to 04.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv.Kankaria for Plaintiff present.
Adv.Manisha Mundey for defendant no 1 and 3 present.
Affidavit of service filed by plaintiff along with newspaper. t.o.r.
Adjd. to 15.11.2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Kaustubh Patil for Plaintiff present.
Adv. Manisha Munde for defendant nos.1 to 3 present.
Adj for directions to 18.12.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Aidity Khare for plaintiff present.
Adv. Abhijeet Naik for defendant no 1 to 3 present.
KB
LO
Adv. for plaintiff sought time to make compliance.
O Time is granted.
Adjourned to 24.01.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. P.D. Gandy for plaintiff present.
CA of Defendant No. 1 and 2 Mr.Mohd. Rehaman Sultan Khan present.
Adv. for plaintiff sought time to make compliance.
O- Time is granted.
Adjourned for direction to 9.03.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv Aditya Khare for plff present.
He seeks time to file affidavit of service on deft no. 5. Granted.
Deft no. 4 is already proceeded ex-parte.
Matter stands Adj for affidavit of service to 20/04/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Aditya Khare for plff present.
Matter stands Adj for affidavit of service to 15/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Yashvi Panchal for plff present.
Exh 04 - She filed application for permission of republication of Writ of Summons on deft no. 5 on the ground that in publication of Writ of Summons in two Newspapers, word “Summons of Judgement” is inadvertently published instead of “Writ of Summons”. t.o.r.
O- Considering the reasons mentioned in the application, application is allowed.
Matter stands Adj for Compliance to 23/03/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: P. O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: 02.09.2021
68
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 759/2018
Adv. Yashvi Panchal for plaintiff present.
She filed affidavit of service of writ of summons on defendant no.5 through paper publication alongwith newspaper Free Press Journal dated 07, March, 2021 and Navshakti newspaper dated 07th March, 2021. Defendant no. 1 to 3 filed their written statement. Defendant no. 5 is absent.
Defendant 4 is proceeded Ex-parte.
Matter stands Adj to 18-10-2021 for Ex-parte order against defendant no. 5
Judge
Next Purpose: ORDER
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Holiday declared on 16/10/2021 and 18/10/2021 as per office order 213 of 2021 dated 12/10/2021.
Hence board discharge and adjourned to 25/10/2021.
Next Purpose: ORDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv Yashashwi Panchal for plff present.
Deft no. 1 to 3 filed their written statement.
Deft no. 4 is already proceeded ex-parte.
Deft no. 5 was served through substituted service by way of paper publication. On last date plff filed on record affidavit of service of writ of summons on deft no. 5 through paper publication. Deft no. 5 was absent on last date. Hence case is fixed for ex-parte order against deft no. 5. Today also deft no. 5 is absent. Hence suit is proceeded ex-parte against deft no. 5.
Matter stands Adj for Draft Issues to 13/01/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to covid-19 matter is adjd
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Advocate Ms. Yashvi Panchal for plaintiff present.
She tendered Draft Issues. TOR
Matter stands Adj. for draft issues to 28-06-2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. A.M Chandekar for plaintiff present.
GPA Of Defendant no. 1 and 2 present. He filed v/p. TOR.
Matter is adjd for draft issue to 07/09/2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Aditya Khare for plaintiff present.
None for defendant present.
Defendant did not filed draft issue.
Parties are directed to give CTS number of suit property.
Matter is ajdd for framing issue to 25/11/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Panchal for plaintiff present.
None for defendant.
Parties are directed to give CTS number of suit property.
Matter is adjd for framing issues to 13.02.2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Khushi Varma for plaintiff present.
Adv. Eknath Dhokale for defendant no. 1 to 3 present.
He seek time to file framing issue. Time granted.
Matter adjourned for framing issue to 28/04/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Gandhi for plaintiff present.
He tendered draft notice of motion . TOR. Leave granted to registered it. copy served on other side. The learned advocate requested for argument on ad-interim relief.
Adv. Eknath Dhokale for defendant no.1 to 3 present.
The learned advocate for defendant seeks time to file reply.
Matter adjourned for reply on 02.05.2023.
Next Purpose: REPLY
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Both parties and their advocate are absent.
K.B.
Adv. P.D. Gandhi for plaintiff present. He tendered registered NM 1696 of 2023. TOR.
Adv. Eknath Dhokale for defendant no.1 to 3 filed VP. TOR marked Exh.5. He also filed reply to NM No. 1696 of 2023. TOR. Copy served on other side.
He also filed draft NM. TOR. Leave granted to register it. Copy served on other side.
K.B.
Heard Adv. Gandhi for plaintiff and Adv. Dhokale for defendant no.1 to 3 on NM No.1696 of 2023.
Matter adjourned for order on 04.05.2023.
Next Purpose: ORDER
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Adv. Yashvi Panchal h/f Gandhi for plaintiff present.
Adv. Dhokale for defendant no.1 to 3 present.
He tendered register n/m no. 1721 of 2023. TOR.
FRSR following order passed :-
Order -
1) Notice of motion No. 1696 of 2023 is hereby allowed with no order as to costs in the following terms:-
a) Defendant no. 1 to 4 are hereby restrained from creating third party interest in the suit premises till the final decision of suit.
Matter adjourned for reply on n/m no 1721 of 2023 to 17/07/2023.
Next Purpose: REPLY
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: P.O. IS ON LEAVE. Hence Matter adjd.
Next Purpose: REPLY
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Advocate Mr. Priyank G. Chudasama h/f Advocate P.D. Gandhy for plaintiff present and filed reply to NM 1721/2023. Copy served to other side.
Advocate Mr. Eknath Dokale for defendant no.1 to 3 present and filed pursis alongwith death certificate defendant no. 1 - Madhuri Rasiklal Aya.
Matter adjourned for NM hearing on 25.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Advocate Mr. Raghav Dharmadhikari h.f. Advocate P.D. Gandhy for plaintiff present and seeks time. O- Granted.
Advocate Mr. Eknath Dhokale for defendant no. 2 and 3 present.
Matter adjourned for NM hearing on 22.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Advocate Ms. Yashvi Panchal for plaintiff present.
Advocate Mr. Eknath Dhokale for defendant no. 1 to 4 present and he informed that defendant no. 1 expired.
Plaintiff is directed to take steps.
Matter adjourned for NM hearing on 16.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Advocate Mr. Priyank G. Chudasama h.f. Advocate P. D. Gandhy for plaintiff present and he tendered draft Chamber Summons. O- Leave granted to register it. He is directed to serve copy to other side. Copy of C/S served on defendant no. 3.
Defendant no. 3 present.
Matter adjourned for Service on 15.03.2024.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Advocate Ms. Purva Pendulkar h.f. Advocate Gandhy for plaintiff present and seeks time to register the NM. O- Eight days time granted to register the NM.
Advocate Ms. Rashika Ranbhise h.f. Advocate Eknath Dokale for defendant no. 1 and 2 present.
Defendant no. 2 present.
Matter adjourned for Service on 15.04.2024.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Advocate Ms. Yashvi Panchal for plaintiff present and tendered registered C/S 594/2024. She is directed to serve copy to other side. She also filed service affidavit.
Defendant and advocate absent.
Matter adjourned for Service on 28.06.2024.
Next Purpose: SERVICE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Advocate Yashvi Panchal for plaintiff present.
Defendant no. 3 present.
This is the C/S 594/2024 taken by the plaintiff to delete the name of defendant no. 1 as she is expired on 04.05.2023. The Ld counsel for the defendant no. 1 and 3 submitted pursis that one Saloni Jayesh Kotari is the only legal heirs of defendant no. 1. Already she is on record as a defendant no. 2. Hence the name of defendant no. 1 is deleted. Accordingly C/S 594/2024 is disposed of. Plaintiff is directed to carry out amendment within limitation.
Matter is adjourned for Compliance / hearing on 26.07.2024.
Next Purpose: HEARING
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Advocate Yashvi Panchal for plaintiff present and submitted application to allow the plaintiff to carry out necessary amendment. O- Application is Allowed.
Advocate Eknath Dhokale for defendant no. 2 and 3 present.
Matter is adjourned for NM hearing on 09.10.2024.
Next Purpose: HEARING
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Advocate Yashvi Panchal for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for NM hearing on 06.12.2024.
Next Purpose: HEARING
Next Hearing Date: 06-12-2024
Date: 06-12-2024
Business: Advocate Mr. P.D. Gandhy for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for hearing on 29.01.2025.
Next Purpose: HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Advocate Pradeep Gandhy for plaintiff present and seeks time. O- Granted.
Advocate Eknath Dhokale for defendant no. 2 and 3 present.
Matter is adjourned for NM hearing on 24.03.2025.
Next Purpose: HEARING
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Advocate Gaurav Gandhy for plaintiff present.
Later on at 3.30 P.M.
Advocate Pradeep D. Gandhy for plaintiff present and tendered draft Notice of motion. O- Leave granted to register it. Served copy to other side.
He also filed affidavit of service.
Advocate Eknath Dhokale for defendant no. 2 and 3 present.
Heard argument of both the advocates on NM 1721/2023.
FRSR following order is passed-
O R D E R
1. Notice of motion no. 1721 of 2023 is dismissed.
2. Costs in main cause.
Matter is adjourned for framing issues on 02.05.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: P.O IS ON LEAVE.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Court is on Vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Advocate Hridaya Mestry h.f. P. D.Gandhy and Associates for plaintiff is present. She tendered registered NM 2223/2025. TOR. She ensures to serve copy of notice of motion to other side before next date.
None present for defendant.
Matter adjourned to 12.01.2026 for NM Service / Reply.
Next Purpose: SERVICE
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: Advocate Yashvi Panchal for plaintiff is present. She served copy of NM to defendant no. 3.
Defendant no. 3 is present.
None present for other defendants.
Matter adjourned to 06.03.2026 for affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Advocate Tanveer Malnas h.f. Advocate P.D. Gandhy for plaintiff is present. He seeks time. O- Granted.
None for defendant is present.
Matter adjourned to 15.06.2026 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-06-2026
Date: 15-06-2026
Business: Advocate Tanveer Malnas for plaintiff is present. He filed affidavit of service. TOR.
Defendant no. 3 is present. He seeks time to engage a new advocate. O- Time is granted as a final opportunity, because suit is of 2018.
Matter adjourned to 17.08.2026 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 17-08-2026
Date: 17-08-2026
Business: Advocate Tanveer Malnas H/f P. S. Gandhy for plaintiff is present.
Advocate for defendants is absent.
Matter adjourned to 09.09.2026 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-09-2026
