Mrs. Pushpa Tukaram BorhadeVsMr. Nandkumar Dwarkanath Dere

Date: 24-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Court is busy in hearing NM in suit no.4935/12 and court has to dictate order on NM in suit no.2447/18, case is adjourned to 20/11/2019.
Advocate for Plaintiff filed affidavit of service and filed registered Notice of Motion no.1196/2019 with affidavit in support, t.o.r.
Advocate Vinod Singh for Defendant no.4 present and filed registered Notice of Motion no.2542/19/2019 with affidavit in support and Written Statement t.o.r.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Advocate Jaya Mishra for Plaintiff present
Advocate Shriya Amin for Defendant no.4 present
Heard.
                      ORDER ON NM NO.2542/19
This Notice of Motion taken out by Defendant no.4 for condoning the delay of 79 days caused in filing Written Statement.
Defendant no.4 has filed affidavit in support of Notice of Motion contending that Defendant no.4 was unable to approach her advocate in relation to this matter due to the fact that she was engaged in health problem and could not travel from Pune to Mumbai to give instructions to her advocate.  It is contended that hence the delay in filing Written Statement is caused due to health reason and it is not the intentional delay.  It is contended that after improvement in the health Defendant no.4 approached her advocate and taken out this Notice of Motion without further delay. According to Defendant no.4 she has good case on merits to defend the suit and she will suffer from grave loss if the delay will not be condoned and if her Written Statement will not be accepted.   It is pertinent to note here that affidavit filed in support of Notice of Motion and till 19 pages Defendant no.4 has given the history of various litigations pending between the parties of the suit.
Plaintiff has not filed the reply to resist the Notice of Motion.  Heard advocate Ms. Shriya Amin for Defendant no.4 and advocate Ms. Jaya Mishra for Plaintiff.  Admittedly, 79 days delay is caused in filing Written Statement and Defendant no.4 has contended that she was suffering from health problems however rather that filing document about her illness, she has filed other correspondence between her lawyer or Plaintiff\''s lawyer and correspondence between Plaintiff and herself. Thus, from the documents on record it becomes clear that Defendant no.4 is intending not only to contest the suit but to fight with Plaintiff with full energy.  In such circumstances, I find that opportunity can be given to Defendant no.4 by ordering her to pay some cost to Plaintiff, hence I proceed to pass following order-
                                  ORDER
Notice of Motion No.2542 of 2019 is made absolute in terms of prayer clauses (a) and (b), subject to cost of Rs.1000/- to be paid to Plaintiff.
Case is adjourned to 26/03/2020 for compliance by Defendant and for filing affidavit of service of writ of summons by Plaintiff so that further orders can be passed in respect of Defendant nos.1 to 3.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2020

Date: 26-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2020

Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2020

Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2020

Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 11/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv Mr. Salil Dabke i/b MMB Associates for plff present.
Adv Mr.C.S. Joshi for deft No.1 present and seeks adjournment for filing reply in NM No. 1196/2019. He submitted that the suit is barred by law as plffs being the married daughters, cannot have any right in the tenanted property left behind him by their father. He  is at liberty to take out appropriate NM.
By consent, matter is adjd. for NM reply to 05.05.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None  present for both parties.
Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned at same stage till next date.
Matter is adjd. for NM reply to 08.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv. Ms. Giri for plaintiff present and seeks adjd.
Adv. Ms. Thakare present for defendant No.4.
Adjd. for NM reply and hearing to 18/11/2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for plff.
Adv Ms.Gargi h/f Adv Parshurami present for deft.No.4 present.
None present for other defts.
AS nobody is present for the plff and other defts, matter is adjd. for order to 04.01.2022.
Next Purpose: ORDER
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Salil Dabke present for plff.
None present for deft.
K.B.
L.O. at 3.10 p.m.
Same appearance as above.
Adv for plff seeks adjournment to serve NM No.1196/2019 on deft Nos.1 to 3.
Matter is adjd. for NM service to 24.02.2022.
Next Purpose: SERVICE
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Ms.Giri present for plff. and seeks time to serve the defts with NM.
None present for deft.
Matter is adjd. for service to 28.04.2022.
Judge
L.O. at 3.20 p.m.
Adv Ms. Apoorva Thakre h/f Adv Vikrant for deft No.4 present.
Already adjd. to 28.04.2022.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv Ms. Nidhi Giri h/f MMB Asso.  present for plff.  and seeks time to file affidavit of service.
Adv Ms. Apoorva Thakre resent for deft.Nos.4 and seeks time to file NM reply.
By consent, matter is adjd. for affidavit of service and NM reply to 07.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv.Megha Golatkar for plaintiff present.
Adv.Gargi Maideo h/f.Adv.Vikrant Parshurami for deft.No.4. present.
The plaintiff filed service affidavit in NM No.1196/19 t.o.r. and marked as Exh.7.
Defendant No.4 seeks time to file reply.
Matter adjd to 13.09.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-09-2022

Date: 07-07-2022
Business: Adv.Megha Golatkar for plaintiff present.
Adv.Gargi Maideo h/f.Adv.Vikrant Parshurami for deft.No.4. present.
The plaintiff filed service affidavit in NM No.1196/19 t.o.r. and marked as Exh.7.
Defendant No.4 seeks time to file reply.
Matter adjd to 13.09.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv.Megha Gholatkar for plaintiff present.
Adv.Apoorva Thakre h/f.Adv.Vikrant Parashurami for deft.No.4 present. She requested for time to file reply in NM.
Matter adjd to 21.11.2022 for reply in NM.
Next Purpose: REPLY
Next Hearing Date: 21-11-2022

Date: 13-09-2022
Business: Adv.Megha Gholatkar for plaintiff present.
Adv.Apoorva Thakre h/f.Adv.Vikrant Parashurami for deft.No.4 present. She requested for time to file reply in NM.
Matter adjd to 21.11.2022 for reply in NM.
Next Purpose: REPLY
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv.Megha Gholatkar i/b.MMB Associates for plaintiff present.
Adv.Apoorva Thakre h/f.Adv.Vikrant Parashurami for defendant No.4 present.
Read the service affidavit Exh.7. Defendant No.1 to 3 and 5 are duly served with motion. They failed to appear, hence, no reply of defendant No.1 to 3 and 5.
Defendant No.4 requested for time to file reply. Last chance granted.
Matter adj. to 09.02.2023 for service affidavit NM and reply by deft.No.4 in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-02-2023

Date: 21-11-2022
Business: Adv.Megha Gholatkar i/b.MMB Associates for plaintiff present.
Adv.Apoorva Thakre h/f.Adv.Vikrant Parashurami for defendant No.4 present.
Read the service affidavit Exh.7. Defendant No.1 to 3 and 5 are duly served with motion. They failed to appear, hence, no reply of defendant No.1 to 3 and 5.
Defendant No.4 requested for time to file reply. Last chance granted.
Matter adj. to 09.02.2023 for service affidavit NM and reply by deft.No.4 in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None present for plaintiff.
Adv.Sneha Nagda for deft.No.4 present.
(As Court is busy in dictating order in NM 3468/22 (SU 1942/22) and in NM 3623/22 (SU 2118/22), hence, adjourned.)
Matter adjd to 05.04.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None present for plaintiff.
Adv.Apoorva Thakre h/f.Adv.Vikrant Parashurami for defendant No.4 present and orally requested adjournment for filing reply.
Matter adjd to 03.07.2023 for reply of deft. No.4.
Next Purpose: REPLY
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Mitali for plaintiff present.
None for defendant
As Court is busy in Judgment in Suit nos. 231/19 and 465/21 and order in Notice of motion in suit nos. 2230/22, 2231/22 and 2232/22 . Hence, matter is adjourned.
Matter is adjd.to  21-08-2023 for Reply
Next Purpose: REPLY
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None for plaintiff.
Adv. Mitali Nibre for defendant present.
Matter is adjd.to  25-09-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: None for plaintiff.
Adv. Apoorva Thakre for defendant no. 4 present.
Matter is adjd.to 26-10-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: None for plaintiff.
Adv. Apoorva Maurya for defendant no. 4 present and prayed for adjournment.
Matter is adjd.to 12-12-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: None for plaintiff.
Adv. Apurva Thakare for defendant no. 4 present.
Matter is adjourned to 22-01-2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None for plaintiff.
Adv. Apurva Thakare for defendant no. 4 present.
Matter is adjourned to 04-03-2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: None for plaintiff.
Adv. Apurva Thakare for defendant no. 4 present.
Matter is adjourned to 25-04-2024 for reply by deft. as a last chance.
Next Purpose: REPLY
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: None for plaintiff.
Adv. Anjali for defendant present and filed pursis filed by her considering written statement as a reply to NM No. 1196/19 . It is taken on record and marked as Exh.8
Matter is adjourned to  15-07-2024 for  NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: None for plaintiff.
Adv. Samiksha Palekar for defendant No. 4 present.
Matter is adjourned to   20-11-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: Vide Office Order No.273/2024, Dtd.14.11.2024 holiday was declared on 20.11.2024 on account of Maharashtra State Legislative Assembly Election, 2024. Hence, matter is adjourned to 24.12.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-12-2024

Date: 20-11-2024
Business: Vide Office Order No.273/2024, Dtd.14.11.2024 holiday was declared on 20.11.2024 on account of Maharashtra State Legislative Assembly Election, 2024. Hence, matter is adjourned to 24.12.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: None for plaintiff present.
Adv. Samiksha for defendant No. 4 present.
From the record it appears that since 21-08-2023 neighther plaintiff nor her advocate remain present and took the necessary stpes. Matter is more than 5 years old hence it be kept for dismissal order next date.
Matter is adjourned to 12-02-2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: Adv. Tarinee Siddhaye for plaintiff present.
None for defendant.
Matter is adjourned to 18.06.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: Adv. Salil Dabke for plaintiff present and tendered vakalatnama on behalf of plaintiff. TOR and marked as Exh. 9.
Adv. Kshitij Kanulkar h/f Adv. Vikrant Parashurami for defendant No. 4 present.
Plaintiff directed to take steps against defendant No. 1 to 3.
Matter is adjourned to 17.09.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: None for plaintiff present.
Adv. Kshitij D. Kanulkar h/f Adv. Vikrant V. Parashurami for defendant No. 4 present.
At the request for the advocate for defendant No. 4 matter adjourned for CS argument.
Matter is adjourned to 10.11.2025 for CS argument.
Later on at 4.25 pm
Adv. Sahil Dabke for defendant No. 4 present.
Matter is already adjourned to 10.11.2025
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
None for plaintiff.
Adv. Karan Rampure h/f Adv. Vikrant Parashurami for defendant No.4 present.
Matter is adjourned to 03.02.2026 for NM argument.
                                                                                        Judge
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
Adv. Nidhi Patel h/f Adv. Vikrant Parashurami for defendant no. 4 present.
Plaintiff and her Ld. Advocate are absent. The matter is posted for hearing on NM. As of last chance, matter is adjourned for NM hearing.
Matter is adjourned to 26.03.2026 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Salil Dabla for plaintiff present.
Adv. Ryan Barboza h/f Adv. Vikrant Parashurami for defendant no. 4 present.
Kept Back.
Later on at 05.40 pm
Adv. Salil Dabla for plaintiff present and seeking adjournment. Granted as last chance. In case plaintiff fails to argue the NM will be decided without argument of plaintiff.
Adv. Ryan Barboza h/f Adv. Vikrant Parashurami for defendant no. 4  present.
Advocate for plaintiff stated that he will not be able to get the copy as he has to apply for the certified copy. The NM is pending since 2019. Already 6 years have lapsed only to hear the NM filed by the plaintiff filed in the suit. The suit is more than 5 years old. Considering this fact as well as one of the parties are senior citizen therefore, the suit is referred to this court. The difficulty of advocate for plaintiff cannot be considered.
Matter is adjourned to 01.04.2026 for NM hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
Adv. Archana Trivedi h/f Adv. Vikrant Parshurami for defendant no. 4 present.
Kept Back.
Later on at 05.51 pm
None for plaintiff.
Adv. Archana Trivedi h/f Adv. Vikrant Parshurami for defendant no. 4 present.
Argument of plaintiff not heard to the NM.
Adv. Archana Trivedi for defendant their WS/ Reply be treated as argument to the NM.
Matter is adjourned to 15.04.2026 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.55 pm
None for plaintiff.
Adv. Archana Trivedi h/f Adv. Vikrant Parshurami for defendant no. 4 present.
As court is busy in hearing NM 646/2026, NM 2614/2019 and NM 5208/2025. Hence, matter adjourned.
Matter is adjourned to 02.05.2026 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-05-2026

Date: 02-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.00 pm
None for plaintiff.
None for defendant.
Kept Back.
Later on at 03.20 pm
Adv. Nidhi Patel h/f Adv. Vikrant Parashurami for defendant no. 4 present.
As court is busy in hearing NM no. 1889/2025, NM no. 2340/2019 and passing order in NM No.  4865/2016, NM No. 1498/2019. Hence matter adjourned.
Matter is adjourned to 06.05.2026 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.20 pm
None for plaintiff present.
Adv. Archana Trivedi h/f Adv. Vikrant Parshurami for defendant No. 4 present.
Plaintiff is given last chance to argue the NM.
Matter is adjourned to 20.06.2026 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter adjourned to 03.10 pm
None for plaintiff present.
Adv. Archana Trivedi h/f Adv. Vikrant Parshurami for defendant No. 4 present.
Plaintiff not heard.
Matter is adjourned to 02.07.2026 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: P. O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
Adv. Ryan Barboza h/f Adv. Vikrant Parashurami for defendant No. 4 present.
Last chance granted to the plaintiff to argue NM on next date.
Matter is adjourned to 18.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
Adv. Archana Trivedi for defendant No. 4 present.
Matter is adjourned to 30.09.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2026

Main Case No: SUIT/0100399/2019
Main Cnr: MHCC010124182018
Main Filing No: 111447

Registration Number: 101196/2019
Transfer Date: 15-05-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101196/2019
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: 103042/2019
Filing Date: 16-03-2019
First Hearing Date: 24th June 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE