Date: 21-03-2020
Business: There is no urgency in matter.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Next Purpose: REPLY
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to 15.02.2021.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: None for plaintiff.
Advocate Ms.Fatema Rampurawala for defendant no.1 to 3 present.
Original NM is not on record.
The case is adjourned to 09.04.2021 for NM reply.
Lo at 04.35pm
Advocate Jeffrey Joseph for plaintiff present.
Already the case is adjourned to 09.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
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: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Siddhant Sinha h/f Adv. Jeffrey Joseph for plaintiff present.
Adv. Fatema Rampurawala for Deft.No. 1 to 3 present.
She tendered original NM No.985/20.
As court is busy in hearing final arguments in SU No.726/09. Hence,
matter stands adjourned to 26.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Matter called out at 3.45 p.m.
Adv. Siddhant Sinha h/f Adv. Jeffrey Joseph for plaintiff present.
Adv. Fatema Rampurawala for defendant present.
Plaintiff advocate seeking time to file reply. Time granted by way of last chance.
Matter stands adjourned to 11.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Matter called out at 3.13 p.m.
Adv. Siddhant Sinha h/f Jeffrey Joseph for plaintiff present.
Adv. Fatima R. for Deft. No.1 to 3 present.
Matter is not traceable.
Matter stands adjourned to 16.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: As court is on leave, board discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Jeffry Joseph for plaintiff present.
Adv. Fatema Abedeali Rampurawala for defendant present.
By consent, matter stands adjourned for N/M hearing to 25/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Sanjay Singh for plaintiff present.
None present for defendant.
Matter stands adjourned to 22.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: None present.
Matter stands adjourned to 27.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Siddhant Sinha h/f Adv. Jeffery Joseph for plaintiff present.
Defendant in person present.
Matter stands adjourned on 27.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Jeffery Joseph for plaintiff present.
Defendant No.2 a/w Adv. Prajakta Jagtap for defendants present. She tendered vakalatnama. TOR. Exh-03. She is seeking time to settle the matter.
Matter stands adjourned on 17.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Court is on leave. (Afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: None for Plaintiff present.
Adv Prajakta Jagtap a/w defendant no. 2 present.
Defendant is directed to file reply to NM No. 985/2020.
Matter stands adjourned on 01-08-2023 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv Adal Khan a/w Plaintiff present and seeks time to filing rejoinder. Time granted.
Adv Prajakta Jagtap for defendant no. 1 to 3 present.
NM Reply filed by defendant no. 1 to 3. TOR. Copy served upon Plaintiff.
Matter stands adjourned on 25-09-2023 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv Jeffery Joseph for Plaintiff present and he submits that Plaintiff wish to withdraw the suit.
None for defendant present.
Latter on at 3.10 pm.
Adv Prajakta Jagtap for defendant nos. 1,2 and 3 present and filed rejoinder to NM. TOR. She directed to supply copy of rejoinder upon other side.
Matter stands adjourned on 10-11-2023 for withdrawal of suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: As court is on leave, hence matter is adjourned.
Next Purpose: WITHDRAWAL
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: P.O. is on leave.
Next Purpose: WITHDRAWAL
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: None for Plaintiff present.
Advocate Prajakta Jagtap for defendant no. 3 present.
Matter stands adjourned on 03-04-2024 for withdrawal.
Later on at 3.45 pm.
Advocate Mr. Siddharth Mishra for plaintiff present and filed
Vakalatnama. Taken On Record and marked at Exhibit 4.
Matter stands adjourned on 03-04-2024 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Adv. P. Jagtap for defendant no. 1 to 3 present.
The roznama indicates that the matter is kept for withdrawal of the suit since 25.09.2023, but till today the plaintiff has not taken any steps. It appears that plaintiff does not want to proceed with the matter, hence matter be kept for dismissal.
Matter stands adjourned on 18-06-2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: None for Plaintiff present.
Defendant no. 2 is present.
Adv. Prajakta Jagtap for defendant no. 1, 2 and 3 present.
Matter stands adjourned on 30-07-2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: main case 20.08.2024
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Adv. Siddhant Mishra for Plaintiff present.
Adv. Shivam Gawde h/f Adv. P. Jagtap for defendant no. 1, 2 and 3 present.
The Ld. Adv. for the defendants have informed the Court that the defendant no. 1 died and the defendant no. 2 and 3 are only legal heirs of the defendant no. 1 which are already on record. The Ld. adv. for the plaintiff has also informed that, the plaintiff no. 1 died. In view of the same plaintiffs have to take appropriate steps.
Order below Notice of Motion No. 985 of 2020.
Perused NM and say, rejoinder and service report. Heard parties.
The defendant has filed present NM to condone the delay of 20 days in filing Written Statement. It is submitted that the defendant no. 1 was suffering from cancer and the defendant no. 2 and 3 were taking care of her. It is further submitted that, due to which the delay of 20 days is caused in filing Written Statement. It is also submitted that delay is not intentional. The defendants want to setup their defence by filing Written Statement. Hence this motion.
The plaintiff has opposed the NM on the ground that the motion is misconceived, false, frivolous, vexatious and baseless. The defendants have not explained the delay properly. Therefore, the NM needs to be dismissed.
The suit is for partition. All the parties are relatives. In the suit for partition, all the parties are having status like plaintiff due to their undivided share. Under such circumstances all the parties should get resolvable opportunity. In view of the same the NM needs to be allowed subject to costs. In the result following order is passed.
ORDER
1. Notice of Motion No 985 of 2020 is hereby allowed subject to costs of Rs. 1,000/- payable to the plaintiff.
2. The delay of 20 days in filing Written Statement is hereby condoned.
3. The defendants no. 2 and 3 are directed to pay the costs to the plaintiffs no. 2 and 3 till next date.
4. After paying the costs, the Written Statement will be taken on record.
5. Notice of Motion No 985 of 2020 is accordingly disposed of.
Matter stands adjourned on 09-10-2024 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 20-08-2024