Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 23.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None for plaintiff.
Adv. Jaya Bhave for def. no. 1 present and tendered registered NM No. 1022/20 along with affidavit. She also informs that def. no. 1 died on 10.04.2020. Plaintiff to take note of the same and take steps.
Adjd to 08.06.2021 for NM reply/taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv. Abhay Pande for plaintiff present.
Adv. Jaya Bagwe I/b Adv. Sharmila Deshmukh for defendant No. 1 present.
Adv. for plaintiff filed draft chamber summons along with affidavit in support.
Adv. for plaintiff filed pursis to take on record xerox copy of death certificate of defendant No. 1. t.o.r.
ORDER in draft chamber summons
The chamber summons is filed by plaintiff to bring legal heirs of deceased defendant No. 1 expired on 10.04.2020. The suit is filed for partition therefore the legal heirs of deceased defendant No. 1 are necessary parties to the suit. The court has started regularly working since 02.08.2021. The chamber summons is supported by affidavit of Rupali Pandit. In para No. 5 of affidavit she stated that there is delay to file chamber summons. However there is extension of limitation in background of nationwide lockdown. Admittedly due to covid-19 pandemic situation the parties could not take steps. Therefore the delay to bring on record the legal heirs and abatement if any needs to be condoned.
Considering the nature of suit being partition and the present pandemic situation the abatement against defendant No. 1 and the delay is to be condoned. No prejudice will cause to other side. The suit is for seeking partition of 1/3rd share of plaintiff in the suit property. Hence pass following order
ORDER
1. The chamber summons is allowed by setting aside the abatement and condoning the delay.
2. The legal heirs of defendant No. 1 are taken on record as per schedule-A annexed to chamber summons.
3. The plaintiff to carryout necessary amendment within limitation.
4. Accordingly, Chamber summons is disposed of.
5. Chamber summons be registered for statistical purpose.
ORDER passed below Notice of motion No. 1022/2020
On perusal of NM No. 1022/20 defendant No. 1 had filed seeking relief of conducting an inquiry into mental and physical infirmity of defendant No. 1 by reason of brain stroke and to appoint his younger son as guardian.
Hence pass following order
ORDER
The defendant No. 1 has expired on 10.04.2020. The chamber summons filed by plaintiff to bring legal heirs of deceased defendant No. 1 is allowed. Therefore now this notice of motion has become infructuous. Hence notice of motion is disposed of.
Nature Of Disposal: ORDER
Disposal Date: 20-08-2021
