Date: 22-04-2019
Business: Advocate Mr. Kamble for Plaintiff present
Advocate Ms. Rajak for Defendant no.3 present and filed registered Notice of Motion no.947/2019 with affidavit in support, t.o.r.
Advocate for Plaintiff submitted that today Plaintiff has received copy of NM and on next date he will file NM reply.
Case is adjourned to 05/09/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Chandan Yadav h/f Adv. Jafree for Plaintiff present and submitted that on next date reply to Notice of Motion no.947/19 will be filed. Considering submissions adjourned.
Advocate Rajak for Defendant no.3 present
Case is adjourned to 10/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 31/03/2020 for NM for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 31-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020
Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv Mr. Z.I. Jafri for plff present and seeks time to file reply to NM No.947/2019.
Representative Ms. Pandya for deft No.3 present.
Matter is adjd. for NM reply to 19.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv Mr.Monman Jafri for plff present and seeks time to file reply to NM. He submitted that copy of NM No. 947/2019 is not served on him till date. Concerned deft to serve copy of said NM if not served earlier.
None present for other deft.
Adv Ms. Divisha Pandia for deft No.3 present.
Matter is adjd. For NM reply to 20.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2021
Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2021
Date: 07-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plff.
Adv Ms. Rajak present for deft.No.3 present and submitted that plff has not filed reply to NM No.947/2019 till date.
As nobody is present for the plff and as roznama dt.22.04.2019 shows that copy of said NM is already served on the adv. for the plff, on account of failure of the plff, N.M.No.947/2019 to proceed without reply of plff.
Matter is adjd. for NM hearing to 12.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. Nooman h/f adv. Jafri present for plaintiff and sought adjournment by mentioning the matter in the morning session. Matter is board on afternoon board, hence KB.
None present for deft.
Judge
LO
In the afternoon session.
None present for defendant.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. as same stage till next date.
Matter is adjd. for NM hearing to 21/3/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 12-01-2022
Business: Adv. Nooman h/f adv. Jafri present for plaintiff and sought adjournment by mentioning the matter in the morning session. Matter is board on afternoon board, hence KB.
None present for deft.
Judge
LO
In the afternoon session.
None present for defendant.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. as same stage till next date.
Matter is adjd. for NM hearing to 21/3/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv Ms.Moman h/f Adv Jafri present for plff. and seeks time to file NM reply.
Adv Mr. Naqvi present for deft.Nos,1 and 2 and seeks adjournment by submitting that deft Nos.1 and 2 intend to take out NM for rejection of plaint/dismissal of suit as suit premises falls in slum area.
Adv Mr. Vardhaman for deft No.3 present.
By consent, matter is adjd. for NM reply to 16.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Mr. Mooman Jafri for plaintiff present.
Adv. Vidhya Korgaonkar for defendant No.3 present.
None present for defendant No.1 and 2.
The plaintiff requested time for filing reply in NM 947/19.
Matter adjd for filing reply to 22.09.2022
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv.Zaid for plaintiff present.
Adv.Naqvi fr deft.No.1 and 2 present.
Adv.Shashikala Rajat for deft. No.3 present.
Adv. for deft.No.1 and 2 submits that the deft.No.1 and 2 are not giving any instructions in respect of the case. He wants to discharge from the case. He requested time to file application for witdrawal of his appearance.
The plaintiff filed handwritten reply in NM No.947/19
Matter adjd to 23.11.2022 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv.Jafri for plaintiff present.
None present for defts.
The plaintiff submits that they have already filed handwritten reply in NM 947/19. Record shows that handwritten reply is already filed by the plaintiff below the motion.
Adv.of plaintiff filed service affidavit in suit a/w. summons and acknowledgment cards t.o.r. and marked as Exh.4 colly.
Heard the Ld.Adv.for the plaintiff in NM 947/2019.
KB for argument of deft.No.3.
LO at 05.00 pm
The defendant No.3 remained absent. No argument of defendant No.3 in NM 947/2019.
ORDER IN NM 947/2019
Read the affidavit in support of motion and reply of the plaintiff therein. It is the contention of this defendant that there is delay of 235 days in filing the written statement. Defendant No.3 received suit summons on 21.06.2018. It is her contention that she is residing at Dapoli, Ratnagiri. Her great grand mother-in-law was bed ridden. She is the only daughter-in-law who was taking care of her. It is her further contention that she is having two children of four years old. She was unable to file the written statement within time. This motion has been filed on 11.02.2019. The defendant No.3 was able to engage the advocate and to represent herself before the Court to file the written statement. She failed to do the needful within time. However, considering the reasons stated, I am of the view that, in the interest of justice delay can be condoned however, it shall be subject to cost, hence, I pass the following order.
ORDER
1. Notice of Motion No.947/2019 is allowed subject to costs of Rs.1,000/-.
2. Delay in filing written statement is condoned.
3. Costs shall be paid to the plaintiff on or before next date.
4. Written statement shall be filed on next date without fail.
4. Notice of Motion No.947/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-11-2022
