Kiran Chandrakant HadawaleVsIndumati Vasant Hadwale +6 more

Date: 08-06-2018
Business: Plaintiff in person present. His advocate absent.
Adv. Parkhe for D-2 and 3 present and filed VP on  behalf of D-2 and 3.
He seeks time to file written statement. Written statement be filed within six weeks.
Time for service of writ of summons to other defendants is extended till next date.
Matter adj. for Compliance to 03.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2018

Date: 06-07-2018
Business: Not on Board Taken on Board By Precipe
Adv. Parkhe for D-1 to 4 present and filed VP on behalf of D-1 to 4.
He also filed written statement.
He undertakes to serve the copy of written statement to the other side.
Matter already adj. to 03.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Plaintiff in person present. His advocate absent.
D-2 in person present.
Last chance to serve D-5 to 8 and file affidavit of service failing which the suit shall be dismissed against those defendants.
Matter adj. for Affidavit of Service to 13.11.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: Adv. P.R. Patil for plaintiff present and filed original writ of summons. He also filed draft notice of motion alongwith affidavit. The draft notice of motion shows that the prayers made in the notice of motion are in the nature of final relief. The prayer is for declaration, partition and permanent injunction in the notice of motion. Hence draft notice of motion is dismissed as not tenable. It be registered for statistical purpose.
None for defendant.
Kept back. Later on at 3.40 pm. Adv. P.R. Patil for plaintiff present and filed two affidavit of service. None for defendant.
As per the affidavit of service filed by plaintiff, D-5 to 8 are served with the writ of summons.
D-5 in person present and states that he is representing D-6 to 8 also. He seeks time to engage advocate.
Matter adj. for Compliance to 18.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: Adv. Patil for plaintiff present.
None for defendant.
D-5 to 8 have not entered appearance through their advocate despite service. Hence suit to proceed exparte against D-5 to 8.
Matter adj. for Framing Issues to 04.07.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Plaintiff and defendant no. 2 present.
Case is fixed for framing of issues. Court is busy in hearing other urgent matters.
Hence, matter stands Adj for framing of issues to 23.08.19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Plaintiff and defendant no. 1 present.
In absence of both counsels, Matter stands Adj for framing issues to 17.10.19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. P. R. Patil for plaintiff present and filed original writ of summons.
None present for defendant.
Matter stands Adj for framing issues to 12.12.19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. Pandurang Patil for plaintiff present.
Defendant no. 3 present.
Adv. Parkhe for defendant present.
Matter stands Adj for framing issues to 07.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Plaintiff and defendant no. 1 and 2 present in person.
Adv. Pandurang Patil for plaintiff present.
By consent, Matter stands Adj for framing issues to 07.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: None present  for plaintiff and defendant.
Matter stands Adj for framing issues to 20.10.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None present for plaintiff and Defendant
Matter stands adj. for Framing Issues to 06.02.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None present.
KB
LO at 4.30pm
None present.
The case is adjourned to 20.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: None present.
The case is adjourned to 11.06.2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Matter called out at 11.58 a.m.
None present.
Issues not framed.
Matter stands adjourned to 18.12.2021 for Issues.
Later on at 2.45 p.m.
Adv. P. R. Patil for plaintiff present.
Matter already adjourned to 18.12.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Matter mentioned at 12.41 p.m.
Adv. Pandurang Patil for plaintiff present.
None present for defendant.
Matter stands adjourned to 11.03.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Matter called out at 12.04 p.m.
Adv. P. R. Patil for plaintiff present.
Deft. No.2 and 3 in person present.
Issues not framed.
Matter stands adjourned to 21.06.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Plaintiff a/w Adv. P. R. Patil present.
Deft. no.3 in person present.
Matter stands adjourned to 17.08.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Plaintiff a/w Adv. P. R. Patil present.
Deft. no.6 in person present.
Matter stands adjourned to 09.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Plaintiff and Deft. no.3 in person present.
Adv. Pooja Soni for Deft. no.6 to 8 present. She tendered VP a/w application for time to file say, memo of address and copy of death certificate of Deft. no.5. TOR. Exh.05-colly.
She contended that Deft. no.5 has died. Plaintiff to take steps.
Matter stands adjourned to 18.01.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv. P. R. Patil for plaintiff present. He tendered draft issues. TOR.
Defendant No.3 and 6 in person present.
Matter stands adjourned on 07.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Plaintiff in person present.
Defendant no. 3 present in person.
Adv Shivaji Shinde for defendant nos. 5 to 8 present.
Exh. 6 - Copy of Death certificate of defendant no. 5  along with list of documents. TOR.
Matter stands adjourned on 10-08-2023 for steps of Plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Adv P. R. Patil for Plaintiff present and seeks discharge from the matter.
Adv Amol Kharat undertakes to file V/P on behalf of Plaintiff on next date.
Adv Rushikesh Hadavale for defendant no.3 present.
Defendant no. 3 in person present.
Adv Kirti M. Samdade for defendant nos. 4, 6 and 7 present. Matter stands adjourned on 25-09-2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Adv K.R. Pachangane for Plaintiff present.
Defendant no.3 in person present.
Exh. 7 V/P filed by adv for Plaintiff. TOR.
Latter on at 12.03 pm.
Adv for Plaintiff tendered Draft Chamber Summons along with affidavit in support. TOR O- Leave granted to register Chamber Summons. Copy of Draft Chamber Summons handed over to the party for registration.
Matter stands adjourned on 22-11-2023 for ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Advocate R. B. Nalavade present a/w Plaintiff and not filed registered Ch/s.
Defendant no. 3 in person present.
Copy of ch/s served on defendant no.3.
Matter stands adjourned on  15-01-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Advocate Nalavade along with Plaintiff present and tendered registered Ch/s No. 1933/2023 along with affidavit. Taken On Record.
None for defendant present.
Matter stands adjourned on 05-03-2024 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Nalavade along with Plaintiff present and seeks time to ch/s service.
None for defendant present.
Matter stands adjourned on 29-04-2024 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Arti Nalavade for Plaintiff present.
Adv. Mangesh Sawant for defendant no. 1 to 4 present and seeking time to file C/s reply.
Matter stands adjourned on 08-07-2024 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Court is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Adv. Nalawade for Plaintiff present.
Defendant No.3 in person present.
Matter stands adjourned on 05.11.2024 for  Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Adv. Mr. Nalawade h/f. adv. K. P. Gangawane for Plaintiff present.
None for defendant present and filed affidavit of service of the chamber summons to defendant Nos.1 to 4 and 6 to 8. T.O.R.
Adv. Ms. Shivaji Kumari i/b Nitin Parkhe for defendant Nos.1 to 4 present.
Advocate for defendant Nos.1 to 4 is seeking time to file reply.
O-Time granted.
Matter stands adjourned on  03.12.2024 for  ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: P.O. is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. R. B. Nalawade along with Plaintiff present.
None for defendant present.
Order below Chamber Summons No. 1933 of 2023.
The Chamber Summons filed by plaintiff to delete the name of defendant No. 5 from the array of parties due to his death. It is further submitted that already the legal heirs of defendant No. 5 are on record. But due to some personal difficulties on the part of Advocate, the name of the defendant No. 5 has not been deleted within time and delay is caused. The plaintiff is also seeking condonation of delay and permission to carry out necessary amendments as mentioned in schedule.
The defendants have not filed say. Considering the submission and already legal heirs of defendant No. 5 are parties to this Suit. In view of the same, following order is passed
ORDER
1. The Chamber Summons. No. 1933 of 2023 is hereby allowed in terms of prayer clause (a) to (c).
2. The plaintiff is permitted to carry out the amendment as per schedule within stipulated period.
3. Copy of amended plaint be supplied to other side.
4. The Chamber Summons. No. 1933 of 2023 is disposed of accordingly.
Matter stands adjourned on 15-03-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Adv. Preet Vora  for defendants  No. 1 to 4 present.
Plaintiff is directed to serve amended copy of plaint to other side.
Matter stands adjourned on 24.06.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate Preet Vora for defendant Nos. 1 to 4 present.
Considering nature of the amendment carried out on 13.02.2025 filing of amended plaint is dispensed with. Hence, both parties are directed to file draft issues. Prior to that the plaintiff to explain how the suit is maintainable in absence of description of the suit property is given in terms of Order 7 Rule 3 of CPC or and documents like property card, share certificate, photo pass or equivalent documents  in terms of Para 8, Chapter 2 of Civil Manual are filed.
Matter stands adjourned to 11-09-2025 for compliance.
Later on at 3.20 p.m. Advocate r. B. Nalawade for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Plaintiff failed to comply order dtd. 24.06.2025 hence kept for necessary order to be passed on next date.
Matter stands adjourned to 30-09-2025 for necessary order.
Later on. Advocate Nitin Parkhe for defendant Nos. 1 to 4 present.
Next Purpose: ORDER
Next Hearing Date: 30-09-2025

Date: 30-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate R.B. Nalawade for Plaintiff present and seeks time to comply order dated 24.06.2025. Time is granted as last chance.
Advocate Nitin Parkhe for defendants No.1 to 4 present.
Matter stands adjourned for 04.11.2025 to compliance/order.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rupesh B. Nalawade for plaintiff present and filed application at Exh.8 and seeks time. Time is granted till next date only. Failure of which necessary order will be passed.
Advocate Jagannath i/b Advocate Nitin Parkhe for Defendant Nos. 1 to 4 present.
Matter stands adjourned for compliance/order to 19-12-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2025

Date: 19-12-2025

Date: 29-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Adv.R B Nalavade a/w Plaintiff present.
Adv. Snehal  1 to 4 for defendant present.
Cost Rs. 2000/- paid to defendant.
The plaintiff has filed withdrawal pursis Exh. 10 with liberty to filed fresh suit .
In view of withdrawal pursis suit is disposed as withdrawn.
Court fees be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-01-2026

CHAMBER SUMMONS/101933/2023

Filing Number: 102924/2018
Filing Date: 20-02-2018
First Hearing Date: 08th June 2018
Decision Date: 29th January 2026
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE