Chetan Narayan ChaulkarVsNitin Narayan Chaulkar +1 more

Date: 19-12-2019
Business: None present for plaintiff present.
Adv. R. V. Mishra for defendant present.
Court is busy in dictating Judgment in suit 568/04.
Matter stands Adj for directions to 17.02.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Pande for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff.
O-issue writ of summons on defendant.
Matter stands Adj for service of writ of summons to 23.03.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
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: WRIT OF SUMMONS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
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: WRIT OF SUMMONS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
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: WRIT OF SUMMONS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present.
The case is adjourned to 17.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: As Court is busy in ad-interim hearing in SU No.477/21 and also in dictating orders therein the board is discharged.
The case is adjourned to 09.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adjourned due to COVID 19 pandemic
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-07-2021

Date: 02-07-2021
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.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Matter called out at 12.25 p.m.
None present.
Matter stands adjourned to 01.12.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Matter called out at 11.50 a.m.
None present for plaintiff. Put up for dismissal.
Matter stands adjourned to 10.02.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Matter called out at 11.05
Since long none present.
Therefore, Issue notice of appearance to the parties before dismissal through bailiff/RPAD.
Matter stands adjourned to 01.07.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Court is on Leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Deft in person present.
Bailiff report received. TOR. Exh.05.
Deft present on issuance of notices by this court. He is directed to the pay Rs.200/- as notice charges to the Sheriff office.
None present for plaintiff.
Report shows that the address of plaintiff found locked as he is out of station. Bailiff is directed to serve the notice to the plaintiff as per Order 5 Rule 17 of CPC.
Matter stands adjourned to 22.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Adv. Siddhi Bhosale for Deft. no.1 present. She tendered VP. TOR. Exh.06.
None present for plaintiff.
Bailiff report received. TOR. Exh.07.
Report shows that plaintiff was not found at address and the premises is locked. On inquiry, the bailiff came to know that the plaintiff has gone out for some work and no fix time of his availability of address. Bailiff was required to affix the notice to the outer door of the premises of plaintiff.
Thus, it appears that the bailiff has not complied the provisions of Order 5 Rule 17 and Order 6 Rule 14A sub-rule 4(i) of CPC.
Issue show cause notice to the bailiff as to why action should not be taken against him for his deficiency in discharge of duties.
Re-issue the notice directing the bailiff to comply the provisions of Order 5 Rule 17 and Order 6 Rule 14A sub-rule 4(i) of CPC.
Matter stands adjourned to 15.12.2022 for appearance of plaintiff.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: None present.
Matter stands adjourned to 29.03.2023 for appearance.
Later on at 12.11 p.m.
Wife of Defendant in person present.
Already adjourned to 29.03.2023.
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: None present for plaintiff.
Adv. Siddhi Bhosle for defendant No.1 present.
Plaintiff absent since long. Hence, put up for dismissal.
Matter stands adjourned on 26.06.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None for Plaintiff present.
Adv Siddhi Bhosale a/w Defendant no.1  present.
Matter stands adjourned on  08-09-2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: As court is on leave, matter adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Both parties absent.
Suit is 4 years old. Plaintiff failed to appear and take any steps against defendant even the writ of summons is not filed by plaintiff  till date, hence suit is dismissed in default for want of prosecution.
Suit No. 3138 of 2019 is disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-11-2023

Filing Number: 103073/2019
Filing Date: 12-03-2019
First Hearing Date: 19th December 2019
Decision Date: 30th November 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE