Date: 06-04-2021
Business: Adv Mr. Sudhakar Thorat for plff present and filed draft notice of motion for temporary injunction along with affidavit in support.
O-Leave to register is granted.
Issue writ of summons to the deft under O-8 R-1 of C.P.C.
Matter is adjd. for appearance of deft to 16.06.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv Mr.Sudhakar Thorat for plff present and mentioned the matter in the morning session.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
None present for deft No.1.
Adv Ms. Desai h/f Adv Mr. Ganesh Mirajkar for deft Nos.2, 3, 4 present and gave oral undertaking that she will file V.P. on behalf of deft Nos.2 to 4 on next date. Her oral undertaking is accepted.
Adv Mr.V.S. Kokitakar appeared and filed V.P at Exh.5 on behalf of deft No.5.
Adv. for plff tendered registered NM No. 1218/2021 along with affidavit in support. He seeks time to serve deft No.1 with said NM. O- Time extended till next date. Adv for deft Nos.2 to 4 and 5 seek adjournment for filing reply to the NM.
Issue writ of summons to the defts under O-8 R-1 C.P.C.
Adjd. for appearance of deft No.1 and reply of deft nos.2 to 5 to the NM on 07.10.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv Mr. Thorat for plff present and mentioned the matter in the morning session. He filed registered NM No.1218/2021 along with affidavit in support. He also filed original summons with bailiff report. Deft Nos.2 to 5 are served properly and they have already appeared on the previous date.
Adv Mr.Kokitkar deft No.5 present and seeks time to file reply.
Adv. for the plff filed application Exh.6 for substitute service byway of pasting on deft No.1. Perused the bailiff reports. Application Exh.6 is filed on affidavit. Having gone through the bailiff reports and the contents of the application filed on affidavit, application Exh.6 is allowed as prayed and plff is permitted to serve deft No.1 by way of pasting.
Matter is adjd. for awaiting report to 18.11.2021.
Authenticated copy of this roznama be given to the advocate for the plaintiff as per rules.
Judge
LO
Adv. Ganesh Mirashigaonkar for defendant Nos.2, 3 and 4 present and filed his Vakalatnama for those defendants at Exh.7. He seeks time to file reply to NM.
Already adjourned to 18.11.2021.
Next Purpose: REPORT
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv Mr. Sudhakar Thorat present for plff. and tendered registered NM No. 1218/2021 along with affidavit in support and bailiff report in respect of service on daughter of deft No.1.
Adv Mr. Ganesh Mirashigaonkar present for deft.2 to 4 and submitted that deft No.1 is residing at her native place and he is ready to provide the address of native place of deft No.1 to the adv. for the plff for effecting proper service on deft No.1.
Adv Mr. Dhumal h/f Adv Kokitkar present for deft.No.5.
Adv for the plff though has filed a bailiff report today about service on deft No.1 through her daughter, he submitted that he is ready to sent writ of summons and notice of motion to deft no.1 on her address at native place as the adv. for the deft Nos.2 to 4 is ready to provide him the native place address of deft No.1.
By consent, matter is adjd. for WS of deft nos.2 to 4 and service on deft No.1 to 13.01.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv Mr. Sudhakar Thorat present for plff.
Adv Mr.Ganesh Mirashigaonkar present for deft. Nos.2 to 4 and filed application Exh.8 for seeking permission to withdraw his appearance on behalf of deft Nos.2 to 4. He has produced letter dt.03.04.2022 addressed to deft Nos.2 to 4 with the application. Considering said letter, permission to withdraw appearance is granted. Application Exh.8 is thus allowed.
Adv for the plff tendered original writ of summons with bailiff report. He also tendered registered NM No.1218/2021 alongwith affidavit in support.
Adv Mr. Kokitkar for deft No.5 present.
By consent, matter is adjd. for WS to 16.06.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: None present for plaintiff.
None present for Defendant. Adjd. for no WS order
Matter adjd to 11.10.2022 for no WS order.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv.Sudhakar Thorat for plaintiff present.
Adv.Anand Dhumal h/f.Adv.Vijay Kokitkar for deft.No.5 present.
Plaintiff requested to file service affidavit in respect of deft.No.1.
Adv. of deft.No.5 filed draft notice of motion (delay) a/w. Affidavit in support a/w. written statement. O-Leave granted to register draft NM.
Handwritten say filed by plaintiff on draft NM.
Heard both the sides on draft NM.
ORDER ON DRAFT NM
It is the contention of defendant No.5 that writ of summons was served on 04.08.2021. It is further contention of the defendant that due to pandemic and other reasons stated in affidavit, she could not filed the written statement within time. The Hon\''ble Supreme Court in suo-motu Writ Petition No.03/2020 excluded the limitation from 15.03.2020 to 28.03.2022, hence, I pass the following order.
ORDER
1. Draft Notice of Motion for condonation of delay filed by defendant No.5 is allowed.
2. Delay in filing written statement by defendant No.5 is condoned.
3. Written statement filed by defendant No.5 is taken on record and marked as Exh.9.
4. Draft Notice of Motion is disposed of accordingly.
Matter adjd to 05.01.2023 for order against deft.No.1 to 4.
Next Purpose: ORDER
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv.Sudhakar Thorat for plaintiff present.
Adv.Reshmi Parab for defendant No.5 present.
Adv.Ameya Lambhate for deft.No.1 to 4 present and filed vakalatnama on behalf of defendant No.2 and 3 t.o.r. and marked as Exh.10. He undertakes to file vakalatnama for defendant No.1 and 4.
Adv.for plaintiff filed service affidavit (in suit) t.o.r. and marked as Exh.11.
Adv.for defendant No.1 to 4 submits on instructions of his clients that the defendant No.1 to 4 are ready for settlement talks and case shall be referred to mediation.
Matter adjd to 23.02.2023 for reply in NM/mediation.
Next Purpose: REPLY
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Sudhakar Thorat for plaintiff present.
Adv. Ameya Lambhate for defendant nos. 1 to 4 present and filed V/P for defendant no. 1 and 4 t.o.r. marked as Exh.12
Defendants no. 1 to 4 are present.
Adv. V.S. Kokitkar for defendant no.5 present.
On request of the plaintiff and defendant matter is refer to the mediation.
Matter adjd to 10-04-2023 for reply in NM and mediation report.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present for plaintiff.
Adv.Arun Shinde for defendant Nos.1 to 4 present.
Matter adjd to 18.07.2023 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Matter pertaines to C. R. 62.
None present for plaintiff.
Adv. Chetan Mule for defendant No. 1 to 4 present.
Letter Exh.13 received from of Mediation Center alongwith mediation. Mediation failed.
Matter is adjd.to 14-09-2023 for Reply in NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: None for plaintiff.
None for defendant.
The defendant have not filed reply in NM No. 1218/21. The said NM shall proceed without reply of defendants.
LO 5.30PM
Adv. Chetan for defendants no. 1 to 4 present.
Matter is adjd.to 25-10-2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Adv. Sudhakar Thorat for plaintiff present.
Adv. Chetan Muley for defendants no. 1 to 4 present.
With consent of both sides matter is adjourned to 14-12-2023
Matter is adjd.to 14-12-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. S. G. Thorat for plaintiff present.
Adv. Ameya Lambhate for defendant present.
Adv. V. S. Kokitkar for defendant no. 5 present.
Matter is adjourned to 15-02-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv. Shristi Pednekar for plaintiff present.
Adv. Amol Dhumal for defendant no. 5 present.
Matter is adjourned to 23-04-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: None for plaintiff.
Adv. Amol Dhamal for defendant no. 5 present.
Adv. Chetan Muley for defendants no. 1 to 4 present.
Matter is adjourned to 16-07-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: CORAM H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Adv.Sudhakar Thorat for plaintiff present.
Adv.Kokitkar for defendant no.5 present.
Both the parties submitted that matter is likely to be settled by accepting this statement adjournment is granted.
Matter is adjourned to 23/08/2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: None present.
k.b.
later on
Adv. S. D. Thorat for plaintiff present.
Matter is adjourned to 26-09-2024 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 28-09-2024 for amicable settlement.
Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 28-09-2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024
Date: 28-09-2024
Business: Matter pertains to C.R. No. 62
None present for Plaintiff
None present for Defendant.
Matter adjd to 19.11.2024.
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: Matter is pertains to C.R.62.
By precipe moved by plaintiff. O- Allowed.
Adv. Sudhkar Thorat present for plaintiff.
Adv. Ameya Lambhate present for defendant nos.01 to 04.
Adv. V. S. Kokitkar present for defendant no.05.
Plaintiff and defendant nos.01 to 05 are present
Parties filed consent terms. Taken on record. Marked as Exh-14. Consent terms bear signatures of plaintiff, defendant no.01 and their advocates. Parties admitted the consent terms.
Matter is adjd. for order to 19.11.2024.
Next Purpose: ORDER
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: None for plaintiff present.
Adv.Kokitkar for defendant no.1 to 4 and 5 present and submitted that matter is going to be settled between the party.
Matter is adjourned to 7.12.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 14-12-2024 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 14.12.2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024
Date: 14-12-2024
Business: NATIONAL LOK-ADALAT HELD ON 14/12/2024 (PANEL-07)
CORAM : H.H. JUDGE SHRI. S. H. GWALANI
None present for plaintiff.
None present for defendant.
Therefore, matter is not settled.
Matter is adjourned to 17.01.2025.
HHJ. Shri. S. H. Gwalani Adv. Shilpa R. Sharma
HEAD OF PANEL PANEL MEMBER
Next Purpose: Lok-Nyayalay
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: Not on board taken on board by preceipe. Exh.15.
Adv. Sudhakar Thorat a/w plaintiff present.
Adv. Shruti Pednekar a/w defendant No.1 to 4 present.
Adv. V. S. Kokitkar a/w defendant No.5 present.
Order below Exhibit-1
Today Plaintiff and defendant No.1 to 5 are present alongwith their Advocates. On 03.10.2024 parties have filed consent terms which is already taken on record and marked as Exh.14.
I have verified the signature of plaintiff with plaint and of defendants with their vakalatnamas Exh.10 and 12.
The contents of the consent terms Exh.14 are explained to both the parties and they have admitted its truthness. The consent terms Exh.14 which I do not find contrary to any of the provision of Law and it is valid one. It is thus the consent terms are read and recorded, accordingly following order is passed -
ORDER
1. Suit No.823 of 2021 is hereby decreed in view of consent terms (Exh-14).
2. The consent Terms (Exh-14) shall be the part and parcel of compromise decree and in view of that decree be drawn up accordingly.
3. Court fees be refunded to the plaintiff as per rules if she find entitled.
4. No order as to costs.
5. In view of this, NM No.1218/2021 does not survive so it is accordingly disposed of.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 20-12-2024