Ms. Vaijayanti Vasant Patil and Ors.VsPradeep Shamrao Chogle and Ors.

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv Mr. Vivek Agarwal for plff present.
Adv Ms. Neha Dave for deft No.1 present.
None present for other defendants.
Advocate for the plff tendered registered CS No.443/2020.
He seeks time to serve the respondents with the copy of Ch/s.
Adv. for deft No.1 seeks time to tender the registered NM.
By consent, matter is adjd. for appearance of respondents, for tendering registered NM by deft No.1 and for reply of plff to said NM to 24.02.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv Mr. Vivek Agrawal for plff present and filed affidavit of service of Ch/s No.443/2020.
Respondent No.2 alone is served properly. She failed to appear despite proper service hence, Ch/s No. 443/2020 to proceed ex-parte against respondent No.2.
Adv for pflf seeks time to serve respondents Nos.1 and 3.
O- Time granted till next date.
Adv Mr.Ashok Mate for  deft No.1 present and tendered registered NM 4663/19 along with affidavit.
Adv for plff seeks time to file reply to said NM.
Matter is adjd. for NM reply and service of CS No.443/2020 on respondent Nos.1 and 3 to 30.04.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: None present for plff.
Adv Ms. Mansi Tipnis i/b Mhatre & Asso. for deft No.1 present.
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 and service of Ch/s No.443/2020 on respondent Nos.1 and 3 to 11.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv Mr. Shashipal Shankar for plff present and seeks time to serve respondent Nos.1 and 3 with the Ch/s. O- Time granted till next date. He also seeks time to file reply in NM No.4663/2019. O – Time granted till next date.
Adv Ms. Manasi Tipnis i/b Mhatre & Asso for deft No.1 present.
Matter is adjd. for steps and reply to 16.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for plff.
Adv Mr. Kishore Mhatre for deft No.1 present and submitted that connected suit is kept on 29.10.2021.
As nobody is present for plff, this matter is adjd. with connected suit at same stage to 29.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr. Vivek Agrawal present for plff. and filed application on affidavit in Ch/s No.443/2020 to allow the plff to publish notice of Ch/s in Newspaper for substituted service on respondent Nos.1 and 3. The affidavit of service though is filed previously, original returned postal envelop is not produced with said affidavit. Plff to produce original returned postal envelop.
Adv Ms. Manasi Tipnis i/b Mhatre and Asso. for deft No.1 present.
Adv. for the plff endorsed reply as “allowed subject to cost on N.M.No.4663/2019. Heard. It appears that adv. for the plff has no objection to allow the NM subject to cost. There is a delay  of 271 days in filing written statement by deft No.1.  However it does not appear that the delay is intentional. Considering the statements made in the affidavit filed in support of the NM and reply filed by the adv. for the plff, this Court is of the opinion that interest of justice will be protected if the delay caused in filing WS by deft No.1 is condoned by imposing certain cost. Thus N.M.No.4663/2019 is allowed subject to cost of Rs.1000/-. Deft No.1 shall either pay the amount of cost directly to the plff or shall deposit it in the Court on or before next date.
Matter is adjd. for compliance and hearing  to 15.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv Mr. Shashipal Shankar present for plff and filed affidavit of service of Ch/s No.441/2020 on respondents No.1 and 3 by way of publication in two Newspapers.
Perusal of the roznama of previous date does not suggest that plff was permitted to serve the respondent Nos.1 and 3 with ch/s by way of publication in the Newspaper. In fact, application filed on that on previous date seeking permission as such was kept for hearing today due to which, the attempt made by filing affidavit of service today cannot be accepted as proper service. ld. Adv for the plff to produce the returned postal envelope in respect of respondent Nos.1 and 3.
Adv .for the plff seeks permission to make attempt to serve respondent Nos.1 and 3 by again sending the notice by RPAD. O- Permission as prayed is granted.
Adv Mr. Mhatre for deft No.1 present and submitted that he has paid the cost in compliance of the order passed by this Court on delay condonation N.M.
Adv for the plff submitted to have received cost from deft No.1.
WS of deft No.1 is R & R at Exh.3.
Matter is adjd. for service of Ch/s to 18.01.2022.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Due to covid-19, matter is adjd.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 13-04-2022

Date: 18-01-2022
Business: Due to covid-19, matter is adjd.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Court is on Leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-07-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv.Shashipal Shankar for plaintiff present.
Adv.Kishor Mhatre for deft.No.1 present.
The plaintiff filed service affidavit in ch/s. No.443/20 t.o.r. and marked as Exh.4.
Read the service affidavit dated 15.11.2021, 24.02.2021 and at Exh.4 in chamber summons. Heard the Ld.Adv.for the pltff. Following order is passed on chamber summons.
ORDER
          Read the copy of death certificate. Exh.c attached to the chamber summons, the defendant No.2 Kesari alias Kesharinath Anantrao Chogle has expired on 24.01.2020. It is the contention of the plaintiff that respondents are his legal heirs. They are required to be taken on record. Considering the nature of suit, the chamber summons is required to be allowed, hence, I pass the following orde.
ORDER
1.Chamber summons No.443/2020 is allowed in terms of prayer clause (a).
2.The plaintiff is allowed to carry out the amendment within stipulated time.
3.Costs shall follow the event.
Nature Of Disposal: ALLOWED
Disposal Date: 20-07-2022

Main Case No: SUIT/0100124/2019
Main Cnr: MHCC010157712018
Main Filing No: 111447

Registration Number: 100443/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 102786/2020
Filing Date: 07-03-2020
First Hearing Date: 21st April 2020
Decision Date: 20th July 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE