Roshani Rakesh Bagade +1 moreVsJaywant Shankar Kalyankar +2 more

Date: 12-03-2020
Business: Advocate Mr. Redekar for Plaintiff present and filed affidavit of service of Notice of Motion, t.o.r.  He also filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
Advocate Mr. Parkar for Defendant no.1 present
Advocate Mr. Milind Parab for Defendant no.2 present and sought time for filing NM reply.
Heard about ad-interim relief.  Plaintiffs are claiming to be legal heirs and grand daughters of the alleged original tenant of suit property who later on has got ownership of suit premises in lieu of the tenancy.  Plaintiffs are seeking declaration of their ownership over suit premises and the injunction against Defendant as prayed in the plaint, however Plaintiffs are seeking declaration about the property of their grand father hence court will have to consider the defence to be raised by Defendant no.2 because admittedly at present suit premises is standing in the name of Defendant no.2, hence I find that ad-interim relief as prayed can not be granted against Defendant no.1.  However, advocate for Defendant no.2 submitted that Defendant no.2 will not create third party rights in suit premises till filing NM reply.  It is made clear that, if on next date, Defendant no.2 will not file NM reply and only Defendant no.1 will file NM reply, court will proceed to her NM and this order will stand automatically stand vacated.
Case is adjourned to 16/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Business: due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 23/02/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Mr. Milind Parab for deft No.2 present and mentioned the matter in the morning session.
He seeks adjournment.
Matter is on board of afternoon session hence, kept back.
Afternoon session.
Adv Mr. Redekar for plff present and requested to extend time to register the NM as per the leave granted on  12.03.2020. O- Time extended till next date.
Adv Mr. Palkar for deft No.1 present and seeks time to file reply. O- Granted till next date.
Matter is adjd. for NM reply to 27.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: None present for plff.
None present for deft No.1.
Adv Mr. Milind Parab for deft No.2 present and seeks time for filing reply to NM 572/2021. He submitted that deft No.1 has expired.
As nobody is present for plff, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for NM reply to 06.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Mr. Milind Parab for deft No.2 present and mentioned the matter in the morning session.
He seeks time to file reply to N.M.No.572/2021. Said NM does not appear to have tendered in the court till date by the plff.
Matter is on the board of afternoon session hence, kept back.
L.O. at 3.15 p.m.
Adv Mr. Redekar for plff present and tendered registered NM No.572/2021 with affidavit in support.
Adv for the plff seeks time to take steps as it is recorded in the roznama of previous date that deft No.1 has expired.
Matter is adjd. for steps to 03.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv MR. Redekar present for plff.
Adv Mr. Milind Parab  present for deft. No.2.
Both ld. advocates mentioned the matter in the morning session.
Adv for plff seeks time to take steps for bringing on record HLRs of deft No.1.
Matter is adjd. for steps to 18.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Adv Mr. Redekar present for plff. and filed draft Ch/s alongwith affidavit in support for bringing on record HLRs of deceased deft No.1 O-Leave to register is granted with direction to serve the proposed legal heirs.
None present for deft.
Matter is adjd. for NM service to 13.04.2022.
Judge
L.O.
Adv Mr. Parkar for deft present.
Already adjd. to 13/04/2022.
Next Purpose: SERVICE
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv.Redekar for plaintiff present.
None for defendant.
Adv.Redekar filed registered chamber summons No.135/22 a/w. Affidavit.
Matter adjd to 14.09.2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv.Redekar for plaintiff present.
None present for deft.
The plaintiff needs time to file service affidavit in chamber summons.
Matter adjd to 10.11.2022 for  service affidavit in chamber summons and reply  in ch/s.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv.S.S.Redekar for plaintiff present.
Adv.Savita Birmole h/f.Adv.Milind Parab for defendant No.2 present. She received copy of chamber summons today.
Plaintiff to serve the copy of chamber summons to defendant No.1.
Matter adj. to 17.01.2023 for say/service affidavit in chs./hearing in chs.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv.Shailesh Redekar for plaintiff present.
None present for defendant.
The plaintiff wants to serve the copy of chamber summons on the legal heirs. He requested time for the same.
Matter adjd to 13.03.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv.S.S.Redekar for plaintiff present.
Adv.Savita Virmule h/f.Adv.Milind Parab for defendant No.2 present.
KB
LO at 04.15 pm
Adv.S.S.Redekar for plaintiff present.
Adv.Savita Virmule h/f.Adv.Milind Parab for defendant No.2 present.
Adv.for plaintiff filed service affidavit in chamber summons  No.135/2022 t.o.r. and marked as Exh.5.
Adv.for defendant No.2 made oral submission that she has no objection to allow the chamber summons.
Heard the Ld.Adv.for the plaintiff and defendant No.2 in ch/s.135/22.
Matter adj. to 15.04.2023 for order in ch/s.135/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present for plaintiff present.
Adv.Savita Virmule for defendant No.2 present and filed draft notice of motion (delay) a/w. Affidavit in support. O-Leave granted to register draft NM.
ORDER IN CHAMBER SUMMONS NO.135/2022
Read the copy of death certificate. The defendant No.1-Jaywant Kalyankar has expired on 06.04.2021 during the pandemic. Hence, limitation is excluded, delay is condoned. Considering the nature of dispute, legal heirs are required to be taken on record, hence, I pass the following order.
ORDER
1. Chamber Summons No.135/2022 is allowed in terms of prayer clause (a) to (c).
2. The plaintiff is allowed to carry out the amendment as proposed in the schedule attached to the chamber summons.
3. Chamber Summons is disposed of accordingly.
Matter adjd to 20.07.2023 for service affidavit of amended plaint/NM (delay).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Matter pertaines to C. R. 62.
Advocate S.S. Redekar for plaintiff present.
Adv. Savita Virmule h/f Adv. Parab present and tendered registered Notice of Motion 2470 of 23 a/w. Affidavit.
Matter adjd to 14.09.2023 for service affidavit
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: None for plaintiff.
Adv. Savita Virmule for defendant present.
Matter is adjd.to 09-11-2023 for  affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Adv. S.S. Redekar for plaintiff present.
Adv. Savita Birmode for defendant no.2 present.
By consent, matter is adjourned to  12-01-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: None for Plaintiff present.
Adv. Savita Birmode for defendant No.2 present.
Matter stands adjourned on 13.03.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Advocate S.S. Redekar for Plaintiff present.
Advocate Savita Birmode for defendant No.2 present and filed service affidavit regarding Notice of Motion No.2470/2023 t.o.r. -seen.
None for other defendants present.
Advocate S.S. Redekar has given say at the back side of affidavit in support in Notice of Motion No.2470/2023.
Heard both sides.
Considering the fact that defendant No.2 are served during Covid-19 period and he could not attend the matter, delay can be condoned by imposing resonable costs and written statement can be allowed. Hence, Notice of Motion No.2470/2023 is made absolute in terms of prayer clauses (a) and (b) subject to costs of Rs.500/- payable to the Advocate for the plaintiff. Written statement of defendant No.2 is marked as Exhibit-06 -seen. Proceeding of Notice of Motion No.2470/2023 is closed.
Advocate S.S. Redekar received costs of Rs.500/- from Advocate Savita Birmode.
Issue writ of summons to legal heirs of deseased defendant No.1 and defendant No.3.
Matter stands adjourned on 02.07.2024 for writ of summons and Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2024

Date: 02-07-2024
Business: Adv. S. S. Redekar for plaintiff present.
None for defendant present.
Learned Adv. for plaintiff seeks time to serve writ of summons. Time granted. Matter adjourned for compliance.
Matter stands adjourned on 09/09/2024 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Adv. S. S. Redekar for plaintiff present and requested for issuing fresh writ of summons to legal heirs of defendant No.1(a) to 1(c) and defendant No.3.
Issue fresh writ of summons to defendants through bailiff and RPAD.
None for defendant present.
Matter adjourned for issuing writ of summons.
Matter stands adjourned on 29/11/2024 for issuing writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: Adv. S. S. Redekar for plaintiff present seeks time for filing service affidavit. Time granted.
None for defendant present.
Matter adjourned for filing service affidavit.
Matter stands adjourned on 17/01/2025 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: Adv. S. S. Redekar for plaintiff present and filed affidavit of service. Seen. Taken on record and marked as Exhibit-6.
None for defendant present.
Matter stands adjourned on 25/02/2025 for orders.
Next Purpose: ORDER
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: Adv. S. S. Redekar for plaintiff present and submitted that time may be granted for arguments. Time granted.
None for defendant present.
Matter stands adjourned on 17/03/2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Milind Parab for defendant No.2 present.
None for other defendant present.
Learned Adv. for plaintiff is submitted that status quo order is operating in Notice of Motion No.572/2021 and same is admitted by contesting defendant No.2. In view of record and the statement of defendant No.2 the Notice of Motion No.572/2021 is made absolute in terms of prayer clause (a). Proceeding of Notice of Motion No.572/2021 in Suit No.1006/2020 is closed. Parties to take note.
Matter stands adjourned on 28/04/2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 10/07/2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-07-2025

Date: 10-07-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 03/11/2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 13.09.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 13.09.2025  for Lok-adalat.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-09-2025

Date: 13-09-2025
Business: Matter pertains to C.R. No.  65
Both parties are absent. In absence of parties matter cannot be settled. Suit is returned to regular court.
Matter adjd to 18-11-2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 05/02/2026 for filing draft issues if any by both sides.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 16/04/2026 for filing draft issues if any.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: Adv. S S Redekar for plaintiff present.
None for defendant present.
On request for Learned Adv. for plaintiff  matter is adjourned for dra1106ft issues
Matter stands adjourned on 11-08-2026 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: Presiding Officer is on Official Training.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-10-2026

NOTICE OF MOTION/102470/2023
NOTICE OF MOTION/100572/2021
CHAMBER SUMMONS/100135/2022

Registration Number: 101006/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 101006/2020
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 103116/2020
Filing Date: 04-03-2020
First Hearing Date: 12th March 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE