Date: 27-03-2019
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. Mr. Pravin Menghane for Plaintiff, submits that copy of NM is not served on plff. by the deft.
None for Defendant.
Plff Mr. Balasaheb is present.
Matter is adjd.for NM on 23.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv. Mr. Pravin Menghani for Plaintiff present.
Adv. for Defendant absent.
Plff is present.
C.A. for deft no.1(b) is present.
Registered NM no.960/19 tendered by deft no.1(b).
Copy supplied to plff.
Matter is adjd. for NM reply on 09.08.2019.
Next Purpose: REPLY
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Court is on Judicial Training.
Next Purpose: REPLY
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Next Purpose: REPLY
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Jyoti Agrawal for plaintiff present.
Mukesh Pawar for Plaintiff present.
Dr. Pravin Babul, C.A of plaintiff is present.
Shirish Pawar plaintiff 1B present.
Adv. Prachi Mhatre for Defendant no 3 present.
Exh. 7 Adv. Ms. Prachi Mhatre submitted retirement pursis, along with letter served on defendant no 3.
Adv. Mr. Shiralkar and Co. is allowed to retire. Defendant No. 3 is absent. It appear that regd. N.M no. 960/19 is not tendered by defendant no 1b.Reply to N.M. no 960/19 is filed by plaintiff. Copy served on plaintiff.
Matter is adjd.for Reply on 07/02/2020.
Next Purpose: REPLY
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 21.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present.
Matter is Adjd for N/M Hearing to 08.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd for NM hearing on 02.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 13.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Chetan Agarwal for plaintiff is present.
None appeared for defendant.
Keep the NM for dismissal.
Matter adjd for NM for dismissal on 13.10.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Ujjwal Agrawal for plaintiff is present.
Defendant no.1 is present.
Plaintiff is directed to supply the copy of affidavit in reply to defendant no. 1b.
Matter adjd for NM hearing on 17.12.2021.
Next Purpose: NM FOR 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: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv Manan Rajari for plff present. Plff is present.
Deft no. 1b is present.
Plff has filed reply. TOR. Copy is served to otherside.
Matter is adjd to 31/03/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Tejashree Salvi for pltff present.
CA of Deft no. 1(b) present.
He has filed written notes of arguments in NM. TOR.
On oral request of adv for pltff by way of last chance, Matter is adjd to 12/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: PO is on leave hence adjd.to 28/6/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: P.O. in on leave. Matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Plaintiff is present.
Adv. Chetan Agarwal for plaintiff is present.
Defendant no.1 in person is present thorough its constituted attorney. He has filed an application submitting therein that defendant no.1(a) Mrs. Mangla Pawar died on 10.02.2022 t.o.r marked as Exh.22. The application is supported by photocopy of death certificate of Mangala Pawar. Hence, the plaintiff to take appropriate steps.
Matter adjd to 09.11.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Plaintiff is present.
Adv. Ruchita Chavan for plaintiff is present and tendered two draft CH/S a/w affidavit in support of it. O- Leave granted to register. Copy supplied to other side.
Defendant no.1(b) is present.
Matter adjd to 02.01.2023 for CH/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Aman Batar for plaintiff is present.
CA of defendant no.1 (b) is present.
The Ld.Adv.for plaintiff tendered original registered CH/S No. 1962/22 and CH/S No. 1963/22 a/w affidavit in support of it. T.O.R.
Defendant no. 1(b) filed reply to CH/S No. 1962/22 and CH/S No. 1963/22.
Heard both the sides on CH/S No. 1962/22.
Order below CH/S No.1962/2022.
Perused the chamber summons and reply filed there on. Heard both the sides, the plaintiff has taken out present chamber summons for deleting the name of defendant no.1(a) Smt. Mangala Pawar. It is contention of the plaintiff that during pendency of suit defendant no. 1(a) Smt. Mangala died on 10.02.2022. Therefore the plaintiff wants to delete the name of deceased defendant no. 1(a) from the array of clause title.
The defendant has filed reply to the chamber summons and ask to pass appropriate order.
In view of submissions of both the sides, it reveals that defendant no. 1(a) Smt. Mangala died on 10.02.2022 and thus no purpose would be served by keeping her name in the clause title. Therefore, I pass the following order.
ORDER
(1) Chamber Summons No. 1962/2022 stands allowed and made absolute in terms of prayer clause (a).
(2) The plaintiff to carry out amendment within 14 days.
(3) Chamber summons stands disposed of.
Matter adjd to 16.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv.Sachin Pawar H/F Chetan Agarwal for plaintiff is present.
Representative for defendant No.1B is present.
KB
LO
Amendment carried out as per order dated 02.01.2023.
Matter adjd to 03.03.2023 for ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Chetan Agarwal for plaintiff is present.
Defendant No.1(a) is present and filed reply to CS No.1963/2022. TOR. O-seen.
Copy served to other side.
Matter adjd to 08.08.2023 for CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Plaintiff alongwith his Adv. Aman Batar i/b Adv. Chetan Agrawal for plaintiff is present.
C.A. of defendant No.1 is present.
On oral request of advocate for palintiff matter is adjourned for hearing NM and Ch/s as a last chance.
Matter adjd to 04.10.2023 for hearing on NM and Ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Adv. Sachin Pawar h/f Adv. Chetan Agarwal for plaintiff present. Plaintiff present.
Defendant no.1 (b) present.
CA of defendant no. 1 present.
Heard both sides on Ch.s No. 1963/2022
ORDER passed below Chamber Summons No. 1963 of 2022
Perused the chamber summons, reply filed thereon and heard both the sides.
The plaintiff has taken out present chamber summons to carryout amendment in the plaint.
It is submitted that the flat Number was changed from Flat No. 14 to A/502. Thus, the plaintiff wants to change the same. It is further submitted that during pendency of suit, the defendant No. 1 died and his LR’s were brought on record. Now the plaintiff wants to claim the relief of permanent injunction against LR’s of original defendant. Thus to that effect, amendment be permitted to be carried out in the plaint.
The defendant have no objection for changing the flat Number. However, it is submitted that the plaintiff cannot claim two reliefs in one chamber summons. Hence, on that count, chamber summons may kindly be rejected partly.
Herein, it is to be seen that there is no dispute regarding change in flat Number. So far as relief of permanent injunction is concerned, the plaintiff has already prayed for said relief against deceased defendant. Now, due to death of defendant his LR’s were brought on record. Thus, to that effect, the plaintiff wants to make an amendment in the prayer clause. In my view, by allowing such amendment, it neither changes the nature of suit nor causes any prejudice to the defendants. Hence, the following order :
ORDER
1. The Chamber Summons No. 1963 of 2022 stands allowed and made absolute in terms of prayer clause (a).
2. The plaintiff to carryout amendment within 14 days from the date of order.
3. After amendment the plaintiff to file copy of amended plaint on record and submit it to the defendants.
4. Accordingly, the Chamber summons is disposed of.
Matter adjd to 07/10/2023 for compliance of order/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Adv. Sachin Pawar h/f Adv Chetan C Agrawal for plaintiff is present.
Defendant No.1(b) and C.A. of defendant No.1 is present.
Heard the Ld. Adv for Plaintiff and C.A. of defendant No.1
Matter adjd to 04.11.2023 for order on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Adv. Sachin Pawar h/f Adv. Chetan Agarwal for plaintiff present. Plaintiff present and tendered application for extension of time to carry out the amendment TOR marked as Exh.23.
It is submitted that the plaintiff been senior citizen and due to health issue he could not appear and carry out the amendment.
Hence, considering the submissions 7 days time is granted to carry out the amendment.
Defendant no.1 (b) present.
CA of defendant no. 1 present.
F.R.S.R. following order is passed on NM 960/19-
Order
1. Notice of Motion 960/19 stands allowed and made absolute in terms of prayer clause (a) in view of order dated 27-07-2004 passed by the Honble High Court in NM No. 1908/2004.
2.Notice of Motion stands disposed off accordingly.
Matter adjd to 10-11-2023 for compliance on Exh.23.
Nature Of Disposal: ALLOWED
Disposal Date: 04-11-2023