Date: 20-03-2020
Business: Parties and Advocate absent
As Court is on leave, board discharged and matter, adjd to 02/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Shri A. Kharwar advocate for applicant present.
On request of Shri Kharwar issue notice before execution to the defendant returnable on 17/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Shri. A.K. Kharwar advocate for plaintiff present.
On request of Shri Kharwar 18/03/2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Shri A.K. Kharwar advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 08/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Shri A.K.Kharwar, Advocate for plaintiff present.
As court is on leave, board discharged and matter adjourned to 30/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 04/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Shri A.K. Kharwar, Advocate for Plaintiff present.
On request of Shri Kharwar, matter adjourned to 04/10/2021, for completing service.
Next Purpose: FOR___________________
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Shri A.K. Kharwar advocate for plaintiff present.
On request of Shri Kharwar adjourned to 13/10/2021, for steps.
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Shri A.K. Kharwar advocate for plaintiff present.
Exe.application marked as Exh.A(Colly.).
Affidavit of service tendered by Shri Kharwar t.o.r and marked as Exh.B.
As per affidavit service is incomplete as neither acknowledgment received nor the R.P.A.D. packet returned.
Hence, Shri Kharwar prays for issue of fresh notice to defendant and to all the parties except plaintiff No.2(c) and tendered application to that effect t.or. and marked as Exh.C.
Shri Kharwar further prays that notices be allowed to be served privately by R.P.A.D.
Hence, issue notices as prayed for returnable on 02/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Shri A.K. Kharwar, advocate for plaintiff present.
On request of Shri Kharwar matter adjourned to 28/01/2022, for compliance of order dated 13/10/2021, in respect of issuance of notice, by extending the returnable date of notice.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 08/03/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Shri Avendra Kumar, advocate for plaintiff present.
None for defendant.
Shri Kumar, has tendered affidavit of service t.o.r and marked as Exh.D.
On request of Shri Kumar, matter adjourned to 05/04/2022, for taking further steps in respect of unserved parties.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: As Court is on leave, board discharged and matter adjourned to 09/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Shri A.K.Kharwar, Advocate for plaintiff present.
Shri Kharwar states that despite service defendant has failed to file appearance and prays for appointment of Architect as Court Commissioner for partition as prayed in Column J of the Exe.Application to be read with the Consent Decree dated 06/08/2018.
Hence, upon hearing Shri Kharwar, Shri Anil Korgaonkar, Architect is hereby appointed as Court Commissioner for effecting partition as prayed for.
Office to issue writ of commission.
Court Commissioner to file report accordingly on or before next date.
Awaiting report matter adjourned to 20/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Shri A.K. Kharwar advocate for plaintiff present.
Shri Kharwar has tendered letter dated 20/07/2022, of Anil Korgaonkar Architect addressed to Registrar City Civil Court, Bombay, seeking extension of time till 16/08/2022, for preparation of report, t.o.r and marked as Exh.E.
Shri Kharwar has also tendered original notice dated 03/01/2022, t.o.r and marked as Exh.F.
Considering the request made by the Architect, awaiting report from the Architect matter adjourned to 23/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Shri A.K.Kharwar, Advocate for plaintiff present.
Ms.Shweta Korgaonkar, representative of Architect present.
Ms.Korgaonkar tendered application seeking extension of 4 weeks to submit a comprehensive report by seeking directions from this court to the parties to provide requested documents to the Architect, t.o.r., marked as Exh-G.
Considering the said application parties, mainly the defendants who maintains the suit property, are directed to co-operate and to provide the necessary documents to the Architect (Court Commissioner) on or before 15/09/2022.
Plaintiff No.2(c) who has filed the present Exe.Application to take necessary steps to communicating the aforesaid directions to the concerned parties.
Ms.Korgaonkar states that upon furnishing the necessary documents by the parties, comprehensive report will be submitted to this Court within a month.
Hence, awaiting report of the Commissioner, adjourned to 14/10/2022.
LO-
Ms.Ashwini Padalkar, Advocate for Defendant with one Aman Kapoor present.
Ms.Padalkar has been informed about the above order and made aware of the next date She undertakes to file Vakalatnama for defendants on next date.
Next Purpose: FOR___________________
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Shri A.K. Kharwar, advocate for plaintiff 2(c) present.
Ms. Shweta Korgaonkar from the office of Architect present.
Shri Harishbhai Patel stating himself to be one of the plaintiffs present.
Shri Aman representative of defendant present.
Ms. Korgaonkar submits that the defendants who maintains the suit property, despite written directions did not provide the necessary documents to the Architect (Court Commissioner).
Shri Aman make a statement that he will co-operate with the Court commissioner and if any documents is not is possession, will submit about it in writing to this Court on next date.
He further states that on next date he will engaged advocate and file reply.
The defendants who maintains the suit property are once again directed to co-operate with the Court Commissioner making it clear that if non co-operation is reported against them, cost of Rs.10,000/- will be imposed.
For the present matter adjourned to 25/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Shri Dinesh Yadav, Advocate for Plaintiff present.
Ms. Korgaonkar, representative from the office of Court appointed Architect present.
Ms.Koragaonkar submits that as the parties failed to provide copies of desired documents, Architect is unable to proceed further and states that the Architect may be permitted to file interim report on the basis of site inspection.
Upon hearing Ms.Korgaonkar, Architect is permitted to file interim report before this Court on next date.
Shri Yadav seeks time to take instructions and to take steps.
For the time being matter is being adjourned at the request of ShriYadav to 20/01/2023, making it clear that on failure to provide necessary documents to the Architect, Cost of Rs.10,000/- will be imposed on the defaulting parties.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Shri A.K Kharwar, advocate for Plaintiff for 2(c) present.
Shri Prashat Patel, son of plaintiff present.
Shri Hemiendre, son of defendant present.
Ms. Shweta Korgonakar, from the Office of Architect present.
Ms. Korgonakar has submits that she has received the entire payment and has submitted the Interim report vide letter dated 20/01/2023 enclosing therein the copy of report for Honourable Court and also the copies for plaintiff and defendant.
Letter along with copy of report for this court marked as Exh.H(Colly.).
Copy of Commissioner report for plaintiff handed over to Shri Kharwar advocate for plaintiff and of defendant, to the son of defendant and their signatures have been obtained on the copy of Office report.
Ms. Korgonakar submits that Architect may be discharged as the parties failed to provide copies of necessary documents.
In view of this Architect is hereby discharged.
Son of defendant seeks time to engage advocate and to file reply.
Shri Kharwar seeks adjournment to procure the necessary documents.
Hence, by consent matter adjourned to 23/02/2023.
Next Purpose: FOR___________________
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Shri A.K. Kharwar, advocate for plaintiff present.
None for defendant.
No vakalatnama has been filed for defendant.
Record shows that Court Commissioner appointed in the matter has already been discharged as the parties failed to provide necessary documents to the Commissioner.
Shri Kharwar is instructed that if the plaintiff wants to proceed with the matter, he should take positive steps to procure the necessary documents.
Upon hearing this Shri Kharwar seeks adjourned to take appropriate steps and on his request matter adjourned to 19/04/2023, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Shri A.K.Kharwar, Advocate for Plaintiff present.
None for defendant.
Shri Kharwar seeks adjournment stating that appropriate steps have been taken to procure the necessary documents in order to execute the decree.
Hence, on his request, adjourned by way of last chance to 15/06/2023.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: As Court is on leave, board discharged and matter adjourned to 08/08/2023.
Next Purpose: FOR___________________
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Shri A.K. Kharwar advocate for plaintiff present.
Shri Kharwar seeks adjournment byway of last chance, to procure necessary documents, stating that in case of not getting the required documents, he will withdraw his appearance from the matter.
Hence, on his request, adjournment granted by way of last chance, to 21/09/2023.
Next Purpose: FOR___________________
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Shri A.K.Kharwar, Advocate for plaintiff present.
Shri Kharwar seeks time stating that he has taken steps under RTI Act to procure the necessary documents and hence, on his request, adjourned to 13/10/2023.
Next Purpose: FOR___________________
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Shri A.K.Kharwar, Advocate for plaintiff present.
Shri Kharwar seeks time stating that he has taken steps under RTI Act to procure the necessary documents, further stating that if no documents furnished in response to the application he will file Appeal and hence, on his request, adjourned to 23/11/2023.
Next Purpose: FOR___________________
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Parties and Advocate absent adjourned 16/01/2024, for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: As Court is on leave, board discharged and matter adjourned to 04/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Shri A.K. Kharwar advocate for plaintiff present.
Shri Kharwar submits that he has got the copies of documents required by the Commissioner and as the Commissioner appointed in the matter has already been discharged he seeks time to file application for appointment of court Commissioner afresh and on his request matter adjourned to 21/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 21-03-2024
Date: 21-03-2024
Business: Shri Dinesh Yadav, Advocate for Plaintiff present.
Shri Yadav seeks adjournment stating that Shri Kharwar advocate for plaintiff is not well.
On his request adjournment granted without change of caption, matter adjourned to 07/05/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Shri U.V. Singh, advocate for plaintiff present.
Shri Singh seeks adjournment to file application for appointment of fresh Commissioner.
However, as Shri Singh is not well conversant with the present proceedings, matter adjourned to 18/06/2024, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Shri Manish Gupta, advocate for plaintiff present.
Shri Gupta, seeks time to take steps stating that Shri Kharwar advocate for plaintiff on record is not well.
Hence, on his request, matter adjourned to 03/08/2024, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Shri Prashant Patel, representative of plaintiff present.
Shri Patel seeks adjournment stating that his advocate is busy at Dindoshi Court and on his request matter adjourned to 25/09/2024, without change of caption.
Next Purpose: DISMISSAL
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: As Court is on leave, board discharged and matter adjourned to 18/11/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Parties and Advocates absent.
Though the matter is kept for dismissal, none appeared and hence, execution application stands disposed of as dismissed for want of taking steps.
Nature Of Disposal: DISMISSED
Disposal Date: 18-11-2024
