Mohan Challaya SherveVsChirin Tenzing Lama Alias Swati +3 more

Date: 20-04-2019
Business: Adv. Hemant Ghadigaonkar for plaintiff present and tendered original chamber summons no. 782/2019 and notice of motion no. 1252/2019 along with affidavits. He also filed two affidavit of service.
Adv. Rakesh Agrawal for defendants present and filed reply in CS no.782/2019. He also filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. This notice of motion is filed to vacate the ad-interim order dated 16.3.2019. The copy was served to the plaintiff on 18.4.2019. Hence time is granted to file reply by next date. Copy of reply be served by 30.04.2019 to defendants. Ld. Counsel for defendants submits that the ad-interim order may not be continued. Since the matter is now fixed on 2.5.2019 for hearing the plaintiff\''s notice of motion and the notice of motion filed  by defendants, ad-interim order to continue till next date.
Matter adj. for CS Hearing and NM Reply and Hearing to 02.05.2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: None for plaintiff.
Adv. Ms. Shaikh for defendant present.
Kept back in second session. Later on in second session
Adv. Heman Ghadigaonkar for plaintiff present and submits that the parties have exchanged consent terms. Hence matter is fixed for filing consent terms. Time extended to register the draft NM.
None for defendant.
The earlier order to continue till next date.
Matter adj. for Consent Terms to 06.06.2019.
Next Purpose: CONSENT TERM
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Adv. Ghadigaonkar for plaintiff present.
Adv. Chanchal Sharma for Defendant present.
Original NM no. 1826/19 filed by Ld. Counsel for Defendant.
As Court busy in hearing argument of High Court expatiated st. no. 5231/19.
At the request of defendant matter adjourned for settlement for 03.07.19.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Ghadigaonkar for plaintiff present.
None present for defendant.
It is informed on behalf of plaintiff that parties have exchanged the consent terms. But, today it is not possible to submit the consent term before this court, as none is present on behalf of defendant.
In view of the above, on oral request of Ld. counsel for plaintiff two weeks time granted to file consent terms.
Earlier order to continue till next date.
Matter stands Adj for Consent Terms to 19.07.19.
Next Purpose: CONSENT TERM
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Ghadigaonkar for plaintiff present.
Adv. Chanchal Sharma for defendant present.
Heard both sides. Matter is likely to be settled and consent terms have been exchanged by the parties. Ld. counsel for plaintiff submitted that these clients are not in contact therefore he wants time to take steps. Time granted.
Earlier order to continue till next date.
Matter stands Adj for consent terms to 07.08.19.
Next Purpose: CONSENT TERM
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. Ghadigaonkar for plaintiff present.
Adv. Chanchal Sharma for defendant present.
Earlier order to continue till next date
Matter stands Adj for Consent terms to 16.09.19.
Next Purpose: CONSENT TERM
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: None present for plaintiff.
Adv. Agrawal for defendant no. 1 to 4 present.
It is submitted that settlement has not taken place and there is no likelihood of settling the matter by the parties. He submitted that pleading are complete.
Earlier interim order to continue till next date.
In view of the above, Matter stands Adj for hearing on both NM and CS to 06.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Ghadigaonkar for plaintiff present.
Adv. Sharma for defendant present.
By consent, Matter stands Adj for NM hearing to 06.01.20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for NM hearing to 19.06.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Rakesh Agrawal for defendant present.
Matter stands Adj for NM for hearing to 03.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None for plaintiff.
Advocate Ms. Rinki Kanojia h/f adv Rakesh Agarwal for defendant present.
The case is adjourned to 12.03.2021 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: None for plaintiff.
Advocate Rahul Tiwari h/f adv Rakesh Agrawal for defendant present.
The case is adjourned to 16.04.2021 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Court is vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Matter called out at 04.35 p.m.
Adv. Hemant Ghadhigaonkar for plaintiff present. He informed that he has no instructions from his clients. He wanted to file appropriate application for discharge with intimation to the plaintiff.
Adv. Rahul Tiwari for defendant present.
Matter stands adjourned to 25.11.2021 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Matter called out at 3.34 p.m.
None present.
NM 1826/19, NM 1252/19 and CS 782/19 are dismissed for non-prosecution.
Matter stands adjourned to 09.12.2021 for Issues.
Later on at 4.00 p.m.
Adv. Chandan N. Singh  for plaintiff present.
He tender application for discharge alongwith intimation given to the
plaintiff. Exh.3-colly.
Looking to the aforesaid fact, Advocate. Hemant Ghadigaonkar is
discharged.
Already adjourned to 09.12.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Matter called out at 11.39 a.m.
None present for plaintiff.
Put up for dismissal.
Matter stands adjourned to 22.02.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Matter called out at 11.22 a.m.
None present.
Issue notice of appearance to the parties before dismissal through bailiff/RPAD.
Matter stands adjourned to 06.05.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Bailiff report received. TOR. Exh.4-colly.
It shows that the notices were unserved upon the parties.
Today, nobody present. Hence, put up for dismissal.
Matter stands adjourned to 29.07.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: None present.
Report of bailiff shows that the plaintiff has left the premises of his address. It is his duty to inform the change of his address to the court as per the provisions of Order 6 Rule 14A sub-rule (2) of CPC.
It seems that he do not want to proceed with the matter. Hence, suit stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-07-2022

NOTICE OF MOTION/101826/2019

Filing Number: 103172/2019
Filing Date: 14-03-2019
First Hearing Date: 20th April 2019
Decision Date: 29th July 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE