Mr. Rajesh Damodar BotleVsMr. Sham Damodar Botle and Ors.

Date: 07-03-2020
Business: None present for Plaintiff.
Advocate Mr. Ramdas Hakepatil for Defendant no.1 present and filed vakalatnama, t.o.r. and marked as Exh.2.
K.B. at 2.45 p.m.
L.O.
Advocate Ms. Savita Malkampate for Plaintiff present and filed registered Notice of Motion no.1032/2020 with affidavit in support, t.o.r.
Advocate Mr. Ramdas Hakepatil for Defendant no.1 present and filed reply to Notice of Motion no.1032/20, t.o.r. Copy served advocate for Plaintiff.
Defendant no.3 in person present and filed Written Statement-cum-affidavit in reply to Notice of Motion no.1032/20, t.o.r.
Case is adjourned to 21/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None present for Plaintiffs.
Advocate Mr. Hake Patil for Defendant present.
It seems that due to Corona pandemic, plaintiff and his advocate is absent, hence case is adjourned to 17/02/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Neha Jadhav h/f adv. Savita for plaintiff present.
Adv. V.K. Patil for defendant No.1 present and filed draft NM alongwith affidavit in support for delay condonation.  Leave to register is granted. Copy is served on adv. For plaintiff.
Adjd. for NM reply to 16/4/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for both parties.
It appears that det No.1 has got the NM registered as NM No.790/2021 as per the leave granted on 17.02.2021 but said registered NM is not tendered in the Court till date.
AS nobody is present for both parties, NM No.1032/2020 of the plff and NM No.790/2021 of deft no.1 be kept for order on next date.
Matter is adjd. for NM order to 11.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Adv Mr. Saayad present for plff.and seeks adjournment.
None present for deft.
On request of adv. for the plff, matter be kept for NM hearing.
Matter is adjd. for NM hearing to 13.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: Adv Ms. Pratibha Shelke i/b R.P. Hakepatil for deft No.1 present and mentioned the matter in the morning session.
She field registered NM No.790/2021 alongwith affidavit in support.
K.B. as matter is on the board of afternoon session.
L.O.
None appeared for both parties.
Matter is adjd. for NM reply to 04.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: None present for plff.
Adv Mr. Ramdas Hake-Patil present for deft.No.1.
Deft No.1 to serve the plff with NM No.790/2021
Matter is adjd. for service of NM to 23.06.2022.
Next Purpose: SERVICE
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: None present for plaintiff.
Defendant present.
Adv.Ramdas Hakepatil for defendant No.1 present.
KB
LO at 04.00 pm
Adv.Aditi Jadhav h/f.Adv.Savita Malkampate for plaintiff present.
Adv.Ramdas Hakepatil for defendant No.1 present.
Adv. of deft. filed service affidavit in NM No.790/21 t.o.r. and marked as Exh.4.
The Ld.Adv.for the pltff wants to file detail say to the NM. She requested for time.
Matter adjd to 29.08.2022 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Plaintiff present. Defendant present.
Adv.Hakepatil for deft. Present.
Adv.Aditi Jadhav h/f.Adv.Savita Malkhampate for plaintiff present. She filed reply in NM No.790/2021 t.o.r. and marked as Exh.5.
As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
Matter adjd to 09.11.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv.Aditi Jadhav for plaintiff present.
Adv.Ramdas Hakepatil for deft.No.1 present.
The Adv.for deft.No.1 submits that copy of reply of  plaintiff in NM 790/21 is not received to the defendant. The plaintiff is ready to serve the copy on deft.No.1
Matter adj. to 23.01.2023 for compliance/hearing of NM 790/21.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv.Ashwini Chincholikar for plaintiff present.
Adv.Sohan Mujawar for defendant present.
(As Court is busy in dictating judgment in SU No.447/2015, hence, adjourned.)
Matter adjd to 24.03.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Next Purpose: REJOINDER
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Court is on leave.
Next Purpose: REJOINDER
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Adv. Ashwini Chincholikar for Plaintiff present.
Adv. Ramdas Hake Patil a/w Adv. Sohel Mujawar for defendant No.1 present and filed written statement t.o.r. and marked Exhibit-6 -seen.
None for defendants No.2 to 9 present.
Heard both sides in Notice of Motion No.790/2021.
F.R.S.R. following order is passed in Notice of Motion No.790/2021
ORDER
1. Notice of motion No.790 of 2021 is made absolute in terms of prayer clause (a).
2. Delay in filing written statement by defendant No.1 is condoned.
3. Written statement placed on record by Advocate Ramdas Hake Patil for defendant No.1 is marked as Exh.6.
4. Proceeding of Notice of Motion No.790 of 2021 in Suit No.428 of 2020 is closed.
Matter stands adjourned on 18.03.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: As P.O. is on Training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: None for plaintiff present.
Adv. Sohel Pujavar h/f Adv. Tripathi for defendant No.1 present.
None for other defendant present.
Matter adjourned for taking steps.
Matter stands adjourned on 11/12/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: Adv. Chincholikar h/f Adv. Savita Malhotra along with plaintiff present.
Adv. Sohel for defendant No.1 present.
Adv. Shweeta for defendant No.3,4 and 5 present.
None for other defendant present.
Keep Back.
Later on.
Adv. Chincholikar h/f Adv. Savita Malhotra along with plaintiff present.
Adv. Sohel for defendant No.1 present.
Adv. Shweeta for defendant No.3,4 and 5 present and filed Memo of Appearance. Seen. Taken on record and marked as Exhibit-7.
None for other defendant present.
Despite sufficient opportunities defendant No.3,4 and 5 have not filed their written statement. Hence, suit is heard without their written statement.
Defendant No.2 and 6 to 9 are absent.                                                                                            Despite service of writ of summons as service affidavit filed at Exhibit-8. Hence, Suit is heard ex-parte against defendant No.2 and 6 to 9.
Matter stands adjourned on 17/02/2025 for Notice of Motion hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: None for plaintiff present.
Adv. Sohil Mujavar along with defendant No.1 present.
Adv. Shweeta Tukugudam for defendant No.3 to 5 present and filed vakalatnama. Seen. Taken on record and marked as Exhibit-9.
Matter stands adjourned on 11/04/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Adv Ms. Aparna Maurya for plaintiff present.
she requested short time for hearing n/m. As the motion is of the year 2020, last chance is granted for hearing notice of motion.
None for defendant present.
Matter stands adjourned on for N/m hearing to 01.10.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2025

Date: 01-10-2025
Business: Adv. Arpana for plaintiff present and prayed for grant of adjournment. Adjournment granted on oral request.
None for defendant present.
Matter stands adjourned on 12/12/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2025

Date: 12-12-2025
Business: Adv. Savita for plaintiff present.
None for defendant present.
Matter stands adjourned on 11/02/2026 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: Adv. Aditi for plaintiff present.
Defendant in person present and his Advocate is absent.
Plaintiff holding Advocate has sought time to argue on Notice of Motion. Short adjournment granted.
Matter stands adjourned on 22-06-2026 for  NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: dv. Ashwini Chincholkar for plaintiff present and sought short adjournment on the ground of Non availability of her senior.
Adv. Patil  for defendant no 1 present.
Notice of Motion no 1032/20 is pending since 2020. However, considering his request made by plaintiff, last chance granted.
Matter stands adjourned on 30-07-2026 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: None for plaintiff present.
None for defendant present.
Notice of Motion no 1032/20 is  pending for hearing since long. In spite of granting last chance plaintiff i s absent today and failed to argue Notice of Motion  . It appears that plaintiff is not interested in arguing the present Notice of Motion hence present Notice of Motion is stands dismissed in default for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-07-2026

Main Case No: SUIT/0100428/2020
Main Cnr: MHCC010002872020
Main Filing No: 111447

Registration Number: 101032/2020
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: 101032/2020
Transfer Date: 15-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 102604/2020
Filing Date: 07-03-2020
First Hearing Date: 07th March 2020
Decision Date: 30th July 2026
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE