Date: 12-04-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv. Hegde for the Plaintiff present.
Adv. Subodh Sawant for Defendant-1 to 3 present.
Adv. Prabhu for MHADA Defendant no. 9 present.
Adv for Defendant nos. 1 to 3 seek adjournment. Granted as a last chance.
Matter is adjd. to 27.09.2019 for reply to N/M.
Next Purpose: REPLY
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: As Court is busy in dictating orders in other matters on board, hence board is discharged.
Matter is adjd. to 22.11.2019.
Next Purpose: REPLY
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is busy hearing urgent matters. Hence board is discharged.
Matter adj for hearing 04.02.2020.
Next Purpose: HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Court is busy hearing in Su No-9835/1999 and dictating N/M orders in suit nos. 271/2017, 2082/2018, 2816/2019 and suit no. 2591/2017. Hence board is discharged.
By consent matter is adjd. for N/M reply to 21/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd. To 19.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2020
Date: 19-11-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: None for plaintiff.
Matter is adjd. to 22/03/2021 for reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Praksh Hegde for Plff.
Adv. Subhod Sawant for Deft no. 1,2,3.
Adv. Mangal Kadam for Deft no.9
Matter is adjd. for Reply to 23/06/2021.
Next Purpose: REPLY
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present.
Matter is adj. to 16/09/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv Singh present for plaintiff.
Adv absent for defendant.
As court is busy in inspection of Notary Work, hence, Matter adjourned to. 26/10/21.
Next Purpose: REPLY
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Shetty for plaintiff present.
Defendants No.2 and 3 present.
Matter is adjd. to 09/12/2021.
Next Purpose: REPLY
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Mugdha Shetty present for the plaintiff.
None present for the defendant.
Matter is adjd. to 04.02.2022 for NM.
Next Purpose: REPLY
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 11.04.2022
Next Purpose: REPLY
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: As the Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: REPLY
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Hegde for plaintiff present.
Defendant no. 3 present.
Adv. Subodh Sawant for defendant no. 1 to 3 filed application for discharge from the file as due to ill health. As Adv. Vijay Kokitkar appeared hence permission granted to withdraw V/P of Adv. Subodh Sawant.
Adv.Vijay Kokitkar for defendant no.1 to 3 is present and filed V/P. TOR and marked as Exh. 10
KB Matter is adjd.to 19-08-2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Hegde for plaintiff present.
Adv. Reshmi Parab for defendant no. 1 to 3 present.
Matter is adjd. to 07.10.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Hegde present for plaintiff.
Adv. Kokitkar for Defendant Nos. 1 to 3 present.
As court is busy in dictating order in NM No. 403/2022 in Suit No. 3249/18 and NM No. 2052/2012 in Suit No. 1543/2012.
Hence, Board is discharged.
Matter is adjd. to 25.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. J. S. Hegde for plaintiff present.
Adv. Pratik Korgaonkar h/f Adv. Kokitkar deft.no. 1 to 3 present.
Matter is adjd. to 13.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: As Court is busy in dictating orders in draft NM in Suit No. 1552/21 and in Suit No. 1688/10 hence, the board is discharged.
Matter is adjourned to 10.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: As Court is busy in dictating order in Chamber Summons No. 3889/2020 in Suit No. 851/2014 and Hearing in Chamber Summons No. 432/2023 in Suit No. 1447/11. Hence, board is discharged.
Matter is adjourned to 28.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Rakesh Pande h/f Adv. Prakash Hegade for plaintiff
Adv. Reshmi Parab for defendant nos. 1 to 3 present.
Matter is adjourned to 28.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv. Mr. Hegade for the plaintiff is present.
None present for defendant Nos. 1 to 3.
Adv. Ms. Mangal Kadam for defendant No.9/MHADA is present and endorsed say on NM No. 959/2019.
Matter is adjourned to 18.08.2023 for NM hearing.
LO 04:10 pm.
Adv. Ms. Reshmi Parab h/f Adv. Kokitkar for defendant Nos. 1 to 3 is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Adv. Mr. J.S. Hegade for the plaintiff is present.
Adv. Mr. Kokitkar for defendant Nos. 1 to 3 is present.
None present for defendant Nos. 4 to 8.
Adv. Ms. Mangal Kadam for defendant No. 9/MHADA is present.
By consent matter is adjourned to 08.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Adv. Mr. Hegade for the plaintiff is present.
Adv. Mr. Vijay Kokitkar for defendant Nos. 1 to 3 is present.
Adv. Ms. Mangal Kadam for defendant No.9/MHADA is present.
As the Court is busy in hearing NM No. 2803/2023 in SU No. 1767/2023. Hence, board discharged and matter is adjourned.
Matter is adjourned to 27.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Mr. J.S. Hegde for the plaintiff is present.
Adv. Ms. Reshmi Parab for defendant Nos. 1 to 3 is present.
Adv. Ms. Mangal Kadam for defendant No.9/MHADA is present.
Adv. for defendant Nos. 1 to 3 prayed for adjournment by submitting that advocate on record is not keeping well. Considering the reasons matter is adjourned.
Matter is adjourned to 08.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: As the Court is busy in hearing on NM no. 3158/2021 in SU No. 2303/2021. Hence, board is discharged.
Matter is adjourned to 24.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: None for the plaintiff.
Adv. Mr.Kokitkar for defendant no.1 to 3 is present.
Adv. Ms. Mangal Kadam for defendant no.9/MHADA is present.
Matter is adjourned to 22.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Adv. Mr.Rakesh Panda h/f Adv. Prakash Hegde for the plaintiff is present.
Adv. Mr. Vijay Kokitkar for defendant no.1 to 4 is present.
Adv. Ms.Mangal Kadam for defendant/MHADA is present.
Adv. for plaintiff seeks time for NM Hearing.
Matter is adjourned to 05.04.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Adv. Mr. Prakash Hedge for the plaintiff is present.
Adv. Mr.Kokitkar for defendant No.1 to 3 is present.
Adv. Ms.Mangal Kadam for defendant No.9/MHADA is present.
Adv. for plaintiff seeks adjournment for NM Hearing
Matter is adjourned to 03.05.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Adv. Mr.Rakesh Pandey for the plaintiff is present.
Adv. Ms.Mangal Kadam for defendant/MHADA is present.
Adv. Mr.Vijay Kokitkar for defendant no.1 to 3 is present.
Adv. for plaintiff seeks time for hearing on NM.
Matter is adjourned to 12.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Adv. Mr.Rakesh Pandey h/f Adv. Hedge for the plaintiff is present.
Adv. Mr.Kokitkar for defendant No.1 to 3 is present.
Matter is adjourned to 20.08.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Adv. Rakesh pande present for plaintiff and sought adjournment..
Adv. Vijay Kokitkar present for defendants.
Matter is adjourned to 18/10/24.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: Adv. Prakash Hegde for plaintiff.
Adv. Kokitkar for defendant no. 1 to 3 present.
Matter is adjourned to 20/12/24 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: Adv.Hegde present for plaintiff.
Adv.Amol Dhumal for def.No.1 to 3 present.
Adv. Ms.Mangal Kadam for defendant No.5/MHADA is present.
By consent, matter is adjourned to 14/02/2025 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: Adv. Hegde present for plaintiff.
Advocate Kokitkar for defendant no. 1 to 3 present.
Adv. Ms.Mangal Kadam for defendant no. 9/MHADA present.
None present for other defendants.
Court is busy in dictating judgment in suit no. 7779/1997 and order on NM no. 506/2023 in suit no. 4354/2013.55 Hence, both advocates seeks date by consent. Hence, By consent, Matter is adjourned to 28/02/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: As the Court is on leave. Hence, board is discharged and matter stands adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: As the Court is on leave. Hence, Board is discharged and matter stands adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: Adv. Hegde present for plaintiff.
Adv. Kokitkar present for defendant Nos. 1 to 3.
Defendant No. 5 present and filed reply to NM 959/2019.
Order on Notice of Motion No. 959 of 2019
Adv. for applicant/plaintiff submitted that as plaintiff was suffering from illness. Hence, he could not appear and suit was dismissed for want of prosecution. Therefore, requested that in the interest of justice an opportunity be granted to contest the suit. It is further mentioned that applicant is a senior citizen and huge loss will be cause if suit is not restore to the file. The Notice of Motion, Medical Certificate and related dcoumetns are filed on record. It is further informed that in the suit, the defendant Nos. 1 3 were proceeded without reply, hence, prayed to set aside the order and suit be restored to file.
Adv. for defendant Nos. 1 to 3 submitted that say is filed on record and no grounds are made out, hence, prayed for dismissal of the notice of motion.
The defendant Nos. 4 to 8 filed affidavit of reply and supported the case of applicant and mentioned that due to sickness, plaintiff was absent, hence, the suit is dismissed.
I have gone through record. Perused the roznama. Record shows that the suit was dismissed by an order dated 30.10.2018 and on 26.02.2019 the present notice of motion is filed. Considering the facts, there is delay of 130 days and plaintiff is interested to proceed with the matter. Suit is of the year 2019 and due to fault on the part of plaintiff, it dragged till this date. Therefore, naturally the defendant Nos. 1 to 3 needs to be compensated for the same. This Court is of the view that sufficient grounds are made out to set aside the order. Hence, I proceed to pass the following order-
Order
1. The Order dated 30.10.2018 is set aside subject to cost of Rs. 3000/- to be paid to the defendant Nos. 1 to 3 jointly.
2. On depositing cost, Suit No. 3243/2013 be restored to file.
3. Plaintiff is directed to proceed with the suit.
Matter is adjourned to 25.07.2025 for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 20-06-2025
