Date: 20-03-2019
Business: As Court is busy in dictating orders and busy in other work of Court, hence board is discharged and matter is adj to 25.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-06-2019
Date: 10-06-2019
Business: Adv. Shah for Plaintiff present and filed registered NM No. 1778/2019 with Affidavit in support.
Adv. Mr. Irle for Defendant Nos. 1 and 2 present.
Case is adjourned to 26/07/2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020
Date: 11-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate Ms. Yogini Gada for Plaintiff present and filed registered Chamber Summons no.337/2020 with affidavit in support, t.o.r.
Advocate Mr. Ravi Irle for Defendant no.2 present
Case is adjourned to 23/06/2020 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-06-2020
Date: 16-03-2020
Business: Advocate Ms. Yogini Gada for Plaintiff present and filed registered Chamber Summons no.337/2020 with affidavit in support, t.o.r.
Advocate Mr. Ravi Irle for Defendant no.2 present
Case is adjourned to 23/06/2020 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: Due to Covid 19
Next Purpose: C/S HEARING
Next Hearing Date: 04-11-2020
Date: 20-08-2020
Business: Due to Covid 19
Next Purpose: C/S HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 04-02-2021
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv Ravi Irle h/f ADv Preeti Shah for deft No.2 present.
Adv Mr. Shirke for deft No.7 present and submitted that copy of Ch/s is not served on Deft No.7 by the plff.
Advocate for the plff served copy of Ch/s on advocate for deft No.7 today in the Court.
Advocates for deft Nos.2 and 7 seek time to file reply to said Ch/s No.337/2020.
By consent, matter is adjd. for reply to Ch/s and NM hearing to 06.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv Smt. Gada for plff present.
Adv Shirke for deft No.7 present.
Adv. Santosh Jadhav for defendant No.2 present and seeks time to file reply to CS. O-Granted till next date.
Matter is adjd. for filing reply 08.06.2021.
Judge
Next Purpose: REPLY
Next Hearing Date: 08-06-2021
Date: 06-04-2021
Business: Adv Smt. Gada for plff present.
Adv Shirke for deft No.7 present.
Adv. Santosh Jadhav for defendant No.2 present and seeks time to file reply to CS. O-Granted till next date.
Matter is adjd. for filing reply 08.06.2021.
Next Purpose: REPLY
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage.
Next Purpose: REPLY
Next Hearing Date: 20-07-2021
Date: 08-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage.
Next Purpose: REPLY
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present for plff.
Adv Mr. Ravi Irle for deft No.2 present and seeks time to file reply to Ch/s No.337/2020.
As nobody is present for plff, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for Ch/s reply to 18.08.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2021
Date: 20-07-2021
Business: None present for plff.
Adv Mr. Ravi Irle for deft No.2 present and seeks time to file reply to Ch/s No.337/2020.
As nobody is present for plff, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for Ch/s reply to 18.08.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None present for plff.
Adv Mr. Ravi Irle for deft No.2 present.
Adv Mr. Nilesh Shirke for deft No.7 present.
Advocates for deft Nos.2 and 7 seek time to file reply to Ch/s.
O- Granted lastly till next date as nobody is present for plff.
Matter is adjd. for Ch/s reply to 21.10.2021.
Judge
L.O. at 3.30 p.m.
Adv Mr. Sanjay Sharma h/f Adv Ms.Shah plff present and seeks adjournment.
Already adjd. to 21.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 21-10-2021
Date: 18-08-2021
Business: None present for plff.
Adv Mr. Ravi Irle for deft No.2 present.
Adv Mr. Nilesh Shirke for deft No.7 present.
Advocates for deft Nos.2 and 7 seek time to file reply to Ch/s.
O- Granted lastly till next date as nobody is present for plff.
Matter is adjd. for Ch/s reply to 21.10.2021.
Judge
L.O. at 3.30 p.m.
Adv Mr. Sanjay Sharma h/f Adv Ms.Shah plff present and seeks adjournment.
Already adjd. to 21.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Deft No.7 present with his adv. Shirke and mentioned the matter in the morning session.
Matter is on the board of afternoon session hence K.B.
L.O. afternoon session.
Adv Ms. Komal Shah for plff present.
Adv Mr. Santosh Jadhav present for deft. and filed affidavit in reply to Ch/s NO.337/2020.
Adv Mr. Shirke for deft No.7 present and filed reply in Ch/s No.337/2020.
By consent, matter is adjd. for NM and Ch/s hearing to 09.12.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 09-12-2021
Date: 21-10-2021
Business: Deft No.7 present with his adv. Shirke and mentioned the matter in the morning session.
Matter is on the board of afternoon session hence K.B.
L.O. afternoon session.
Adv Ms. Komal Shah for plff present.
Adv Mr. Santosh Jadhav present for deft. and filed affidavit in reply to Ch/s NO.337/2020.
Adv Mr. Shirke for deft No.7 present and filed reply in Ch/s No.337/2020.
By consent, matter is adjd. for NM and Ch/s hearing to 09.12.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Ms. Komal Shah present for plff. and filed affidavit in rejoinder in Ch/s No.337/2020.
Adv Mr. Ravi Irle present for deft.No.2.
Adv Mr. Shirke for deft No.7 present.
None present for other defts.
Matter is adjd. for Ch/s hearing to 20.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 20-01-2022
Date: 09-12-2021
Business: Adv Ms. Komal Shah present for plff. and filed affidavit in rejoinder in Ch/s No.337/2020.
Adv Mr. Ravi Irle present for deft.No.2.
Adv Mr. Shirke for deft No.7 present.
None present for other defts.
Matter is adjd. for Ch/s hearing to 20.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2022
Date: 20-01-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv Ms. Vaishali Sharma present for plff.
Adv Mr. Ravi Irle present for deft.No.2.
Adv Mr. Shirke for deft No.7 present.
Ld. advocates for parties submitted that settlement talks are in progress.
By consent, matter is adjd. for settlement to 20.04.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-04-2022
Date: 22-03-2022
Business: Adv Ms. Vaishali Sharma present for plff.
Adv Mr. Ravi Irle present for deft.No.2.
Adv Mr. Shirke for deft No.7 present.
Ld. advocates for parties submitted that settlement talks are in progress.
By consent, matter is adjd. for settlement to 20.04.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv Yogini Gada a/w Ad Komal Shah present for plff.
Adv Nilesh Shirke for deft No.7 present.
Adv Mr. Ravi Irle for deft No.2 present.
Ld. advocates present as above submitted that there is likelihood of settlement. Since it appears that there exists an element of settlement, matter is referred to Lokadalat scheduled to be held on 07.05.2022.
Matter is adjd. for settlement to 07.05.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: CORAM: H.H.J. Shri. A.H. Laddhad National Lok Adalat Panel - 8
Advocate for plaintiff present.
Advocate Ravi Irle a/w Adv. Preeti Shah for defendant No. 2 present.
Advocate Nilesh Shivlee for defendant No. 7 present.
As the defendant No. 3 to 5 are absent matter is not settled, hence referred to regular Court.
Parties are requested to keep the matter before vacation Court.
As the matter is almost settled.
Hence at the request of the parties matter is adjourned to 12.05.2022
Matter is Adjourned to 12.05.2022
H.H.J. Shri. A.H. Laddhad Adv. Rohan Waghmare Adv. Tejas Kothalikar
Panel Head
Next Purpose: SETTLEMENT
Next Hearing Date: 12-05-2022
Date: 12-05-2022
Business: Coram: HHJ Shri S.T. Soor (C.R.No.2)
Matter pertains to CR No.62.
Plff present.
Adv Komal Shah for plff present.
Deft no.2 and 7 present .
ADv Priti Shah a/w Santosh Jadhav for deft No2 present .
Adv N.T. Shirke for deft No.7 present.
Put up before regular Court.
Matter already Adjd. for withdrawal to 23/06/2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 23-05-2022
Date: 23-05-2022
Business: Plaintiff present with his adv. Smt. Komal Shah.
Defendant No.2 present with his adv.Santosh Jadhav.
Defendant No.7 present with his adv. Nilesh Shirke.
Advocate for plaintiff filed affidavit of service of Chamber Summons No.337 of 2020.
After filing the affidavit of service, learned advocate for the plaintiff endorsed on Chamber Summons No.337 of 2020 as plaintiff is pressing the chamber summons only to the extent of deleting the name of defendant No.1.
Affidavit of service filed today shows that defendant Nos.2 and 6 are properly served with Chamber Summons. Advocate for plaintiff seeks time to serve defendant Nos.3 to 5 with Chamber Summons No.337 of 2020. Time granted till next date.
Plaintiff and defendant Nos.2 and 7 are present in court today in person with their respective learned advocates. They have filed Consent Terms at Exh.5.
Plaintiff and his advocate filed application Exh.6 for seeking permission to withdraw the suit against the defendant Nos.3 to 6. Plaintiff to serve defendant Nos.3 to 6 with application Exh.6 and consent terms Exh.5.
By consent, matter is adjd. for service of Chamber Summons on defendant Nos.3 to 5, for service of application Exh.6 on defendant Nos.3 to 6 and for verification of consent terms to 24/05/2022.
Judge
Next Purpose: WITHDRAWAL
Next Hearing Date: 24-05-2022
Date: 24-05-2022
Business: Plaintiff present in person with his learned adv. Samt. Komal Shah.
Defendant No.2 present in person with his learned adv. Shri Santosh Jadhav.
Defendant No.7 present in person with his learned adv. Shri Shirke.
Advocate for plaintiff filed affidavit of service in compliance of the direction given on 23/05/2022 however, perusal of the affidavit and its annexures does not show that plaintiff has intimated defendant Nos.3 to 6 that matter is kept today. In fact, any date is not mentioned in the notices served on those defendants hence, even though those defendants are properly served, for want of informing the date fixed in the matter, any adverse order cannot be passed either in CS No.337 of 2020 or the application filed yesterday for seeking permission to withdraw the suit against defendant Nos.3 to 6. Learned advocate for the plaintiff submitted that plaintiff will serve those defendants again and will also inform the date fixed in the matter so as to enable those defendants to attend the court and file reply, if any, to the chambers summons and the application.
On request of learned advocate for the plaintiff, consent terms filed yesterday by plaintiff, defendant No.2 and 7 are verified today as she submitted that plaintiff has travelled to Mumbai from Hyderabad.
On inquiry, plaintiff and defendant Nos.2 and 7 have admitted the contents of consent terms to be true, correct and admissible to them.
Since Chamber Summons and the application for seeking permission to withdraw the suit against defendant Nos.3 to 6 are pending, final order in view of the consent terms cannot be passed today.
Matter is adjd. for service of Chamber Summons, application and copy of Consent Terms on defendant Nos.3 to 6 to 07/06/2022 at 12.00 noon.
Judge
Next Purpose: WITHDRAWAL
Next Hearing Date: 07-06-2022
Date: 24-05-2022
Business: Plaintiff present in person with his learned adv. Samt. Komal Shah.
Defendant No.2 present in person with his learned adv. Shri Santosh Jadhav.
Defendant No.7 present in person with his learned adv. Shri Shirke.
Advocate for plaintiff filed affidavit of service in compliance of the direction given on 23/05/2022 however, perusal of the affidavit and its annexures does not show that plaintiff has intimated defendant Nos.3 to 6 that matter is kept today. In fact, any date is not mentioned in the notices served on those defendants hence, even though those defendants are properly served, for want of informing the date fixed in the matter, any adverse order cannot be passed either in CS No.337 of 2020 or the application filed yesterday for seeking permission to withdraw the suit against defendant Nos.3 to 6. Learned advocate for the plaintiff submitted that plaintiff will serve those defendants again and will also inform the date fixed in the matter so as to enable those defendants to attend the court and file reply, if any, to the chambers summons and the application.
On request of learned advocate for the plaintiff, consent terms filed yesterday by plaintiff, defendant No.2 and 7 are verified today as she submitted that plaintiff has travelled to Mumbai from Hyderabad.
On inquiry, plaintiff and defendant Nos.2 and 7 have admitted the contents of consent terms to be true, correct and admissible to them.
Since Chamber Summons and the application for seeking permission to withdraw the suit against defendant Nos.3 to 6 are pending, final order in view of the consent terms cannot be passed today.
Matter is adjd. for service of Chamber Summons, application and copy of Consent Terms on defendant Nos.3 to 6 to 07/06/2022 at 12.00 noon.
Judge
Next Purpose: WITHDRAWAL
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv.Yogini Gada for plaintiff present.
Adv.Santosh Jadhav for defendant No.2 present.
Adv.N.J. Shirke for defendant No.7 present.
KB
LO at 12.15 pm,
Same appearance.
The plaintiff filed service affidavit t.o.r. and marked as Exh.7.
Heard the plaintiff, defendant No.2 and 7 on chamber summons and Exh.6.
KB for order.
LO at 05.20 pm,
Adv.Yogini Gada for plaintiff present.
Adv.Santosh Jadhav for defendant No.2 present.
Adv.N.J. Shirke for defendant No.7 present.
The plaintiff tendered precipee on tracking report t.o.r. and marked as Exh.8.
F.R.S.R. the following order is passed.
ORDER
1. Chamber Summons No.337 of 2020 is allowed.
2. The plaintiff is allowed to carry out the amendment as proposed in the Chamber Summons.
3. Chamber Summons is disposed of accordingly.
Matter adjd to 20.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Plaintiff present.
Defendant No.2, Mr.Girish Nagda and defendant No.7 Mr.Hanskumar Nagda present.
Adv. Yogini Gada a/w. Adv.Komal Shah for plaintiff present.
Adv.Santosh Jadhav a/w. Adv.Ravi Irle for defendant No.2 present.
Adv.Nilesh Shirke for defendant No.7 present.
The plaintiff filed service affidavit in respect of service of amended plaint on the defendants t.o.r. and marked as Exh.9.
Heard the parties on consent terms which are already filed but not recorded yet. In the consent term the word use as \''Estate of Deceased\'' to avoid the ambiguity the parties are ready to correct the word with the word \''Suit Property\''. Hence, parties are allowed to carry out the corrections in consent terms.
KB
LO at 01.55 pm
Same appearance.
The parties accordingly made correction in Clause No.4 of the consent terms.
ORDER BELOW CONSENT TERMS
The plaintiff, defendant No.2 and defendant No.7 are present alongwith their advocates. Parties are identified by their respective advocates. These parties have settled their dispute in the suit and accordingly filed these consent terms for them. Consent terms are readover and explained to this parties. They voluntarily admit, accept the terms therein. Hence, the consent terms are read and recorded for and in respect of plaintiff, defendant No.2 and 7. Undertakings made therein are accepted with respect to these parties, hence, I passed the following order.
ORDER
Consent terms are read and recorded. They are marked as Exh.10. Keep for order on Exh.1 with respect to the consent terms.
Matter adjd to 05.07.2022 for hearing and order on Exh.6 and hearing on point of jurisdiction and order on Exh.1.
Next Purpose: HEARING
Next Hearing Date: 05-07-2022
Date: 20-06-2022
Business: Plaintiff present.
Defendant No.2, Mr.Girish Nagda and defendant No.7 Mr.Hanskumar Nagda present.
Adv. Yogini Gada a/w. Adv.Komal Shah for plaintiff present.
Adv.Santosh Jadhav a/w. Adv.Ravi Irle for defendant No.2 present.
Adv.Nilesh Shirke for defendant No.7 present.
The plaintiff filed service affidavit in respect of service of amended plaint on the defendants t.o.r. and marked as Exh.9.
Heard the parties on consent terms which are already filed but not recorded yet. In the consent term the word use as \''Estate of Deceased\'' to avoid the ambiguity the parties are ready to correct the word with the word \''Suit Property\''. Hence, parties are allowed to carry out the corrections in consent terms.
KB
LO at 01.55 pm
Same appearance.
The parties accordingly made correction in Clause No.4 of the consent terms.
ORDER BELOW CONSENT TERMS
The plaintiff, defendant No.2 and defendant No.7 are present alongwith their advocates. Parties are identified by their respective advocates. These parties have settled their dispute in the suit and accordingly filed these consent terms for them. Consent terms are readover and explained to this parties. They voluntarily admit, accept the terms therein. Hence, the consent terms are read and recorded for and in respect of plaintiff, defendant No.2 and 7. Undertakings made therein are accepted with respect to these parties, hence, I passed the following order.
ORDER
Consent terms are read and recorded. They are marked as Exh.10. Keep for order on Exh.1 with respect to the consent terms.
Matter adjd to 05.07.2022 for hearing and order on Exh.6 and hearing on point of jurisdiction and order on Exh.1.
Next Purpose: HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv.Yogini Gada for plaintiff present.
Adv.Santosh Jadhav for deft.No.2 present.
KB
LO at 12.05 pm,
Adv.Yogini Gada for plaintiff present.
Defendant No.2 present.
Adv.Shirke for defendant No.7 present.
The plaintiff filed synopsis.
Registrar (Civil) is directed to re access the valuation of suit for the purpose of Court fees and report.
Heard the parties on the point of jurisdiction.
Matter adjd to 14.07.2022 for order and report of Registrar (Civil)
Next Purpose: ORDER
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: None present for both sides when called.
Report in respect of valuation is not received hence adj. for Report
Matter adjd to 27.07.2022 for report
L. O at 11.30 am
Adv. Komal Shah for plaintiff present.
Adv. Heramb pawar for defendant No. 7 present.
Next Purpose: REPORT
Next Hearing Date: 27-07-2022
Date: 14-07-2022
Business: None present for both sides when called.
Report in respect of valuation is not received hence adj. for Report
Matter adjd to 27.07.2022 for report
L. O at 11.30 am
Adv. Komal Shah for plaintiff present.
Adv. Heramb pawar for defendant No. 7 present.
Next Purpose: REPORT
Next Hearing Date: 27-07-2022
Date: 14-07-2022
Business: None present for both sides when called.
Report in respect of valuation is not received hence adj. for Report
Matter adjd to 27.07.2022 for report
L. O at 11.30 am
Adv. Komal Shah for plaintiff present.
Adv. Heramb pawar for defendant No. 7 present.
Next Purpose: REPORT
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Santosh Jadhav for defendant No.2 present.
Adv. Nilesh for defendant No.7 present.
KB
L.O. at 12.25 p.m.
Adv. Yogini Gada for plaintiff present.
Report regarding Court fee is received from Registrar Civil. t.o.r.
The plaintiff appears to have paid the Court fees.
KB
L.O. at 3.15 p.m.
Order below Exh.1
Read the roznama dtd.20.06.2022. The plaintiff, defendant No.2 and defendant No.7 have filed consent terms. Same have been read and recorded at Exh.10. The plaintiff had made submissions regarding jurisdiction. The plaintiff has sought declaration in respect of affidavit dtd.17.12.2018 and agreement of permanent alternate accommodation. He also sought partition. Therefore, this Court has jurisdiction. As aforesaid the plaintiff, defendant No.2 and defendant No.7 have filed consent terms at Exh.10 and same have been read & recorded, but defendant Nos. 3 to 6 have not signed the consent terms. Suit is pending against them. It is required to be proceeded against them. Plaintiff to take steps accordingly.
Matter adjd to 30.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2022
Date: 27-07-2022
Business: Adv. Santosh Jadhav for defendant No.2 present.
Adv. Nilesh for defendant No.7 present.
KB
L.O. at 12.25 p.m.
Adv. Yogini Gada for plaintiff present.
Report regarding Court fee is received from Registrar Civil. t.o.r.
The plaintiff appears to have paid the Court fees.
KB
L.O. at 3.15 p.m.
Order below Exh.1
Read the roznama dtd.20.06.2022. The plaintiff, defendant No.2 and defendant No.7 have filed consent terms. Same have been read and recorded at Exh.10. The plaintiff had made submissions regarding jurisdiction. The plaintiff has sought declaration in respect of affidavit dtd.17.12.2018 and agreement of permanent alternate accommodation. He also sought partition. Therefore, this Court has jurisdiction. As aforesaid the plaintiff, defendant No.2 and defendant No.7 have filed consent terms at Exh.10 and same have been read & recorded, but defendant Nos. 3 to 6 have not signed the consent terms. Suit is pending against them. It is required to be proceeded against them. Plaintiff to take steps accordingly.
Matter adjd to 30.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2022
Date: 27-07-2022
Business: Adv. Santosh Jadhav for defendant No.2 present.
Adv. Nilesh for defendant No.7 present.
KB
L.O. at 12.25 p.m.
Adv. Yogini Gada for plaintiff present.
Report regarding Court fee is received from Registrar Civil. t.o.r.
The plaintiff appears to have paid the Court fees.
KB
L.O. at 3.15 p.m.
Order below Exh.1
Read the roznama dtd.20.06.2022. The plaintiff, defendant No.2 and defendant No.7 have filed consent terms. Same have been read and recorded at Exh.10. The plaintiff had made submissions regarding jurisdiction. The plaintiff has sought declaration in respect of affidavit dtd.17.12.2018 and agreement of permanent alternate accommodation. He also sought partition. Therefore, this Court has jurisdiction. As aforesaid the plaintiff, defendant No.2 and defendant No.7 have filed consent terms at Exh.10 and same have been read & recorded, but defendant Nos. 3 to 6 have not signed the consent terms. Suit is pending against them. It is required to be proceeded against them. Plaintiff to take steps accordingly.
Matter adjd to 30.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv.Yogini Gada for plaintiff present.
Adv.Santosh Jadhav for defendant No.2 present.
ORDER BELOW EXH.6
Heard the Ld.Adv.for the plaintiff. Read the roznama dated 23.05.2022 and 24.05.2022. Read the application for withdrawal of suit against defendant No.3 to 6 filed at Exh.6. Read the service affidavit filed at Exh.7 and annexures attached thereto. The defendant No.3 to 6 are served with the application Exh.6. They were informed about application for withdrawal of suit. They failed to appear and file any reply to this application. Hence, I proceed to pass order on Exh.6. As the plaintiff wants to withdraw the suit against defendant No.2 to 6, application Exh.6 is required to be allowed. Hence, I pass the following order.
ORDER
1. Application Exh.6 is allowed.
2. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application Exh.6 and todays order passed thereon. The plaintiff wants to withdraw suit against defendant No.3 to 6 unconditionally, hence, I pass the following order.
ORDER
Suit is dismissed against defendant No.3 to 6 as it is withdrawn against them.
ORDER BELOW EXH.1
Read the order dated 20.06.2022, the plaintiff, defendant No.2 and defendant No.7 by consent terms Exh.10 settled their dispute. Consent terms are already read and recorded, hence, suit is required to be decreed in terms of consent terms and in respect of plaintiff, defendant No.2 and defendant No.7. Plaintiff No.1 has expired. Suit is withdrawn against defendant No.3 to 6. Remaining parties are plaintiff, defendant No.2 and defendant No.7. They have filed the consent terms therefore suit is required to be decreed accordingly. In the result I pass following order.
ORDER
1. Suit is decreed in terms of consent terms in respect of plaintiff, defendant No.2 and defendant No.7.
2. Plaintiff is entitled for refund of court fees as per rules.
3. Decree be drawn up accordingly.
ORDER IN NM NO.1778/2019
This motion is taken out by the defendant No.7 for condonation of delay in filing written statement. The plaintiff, defendant No.2 and defendant No.7 have filed consent terms and accordingly suit is ordered to be decreed in terms of consent terms. Therefore, I pass the following order.
ORDER
1. Notice of Motion No.1778/2019 is dismissed.
2. Parties to bear their own costs.
ORDER IN NM NO.1221/2019
This motion is taken out by the plaintiff for interim relief of injunction. The plaintiff, defendant No.2 and defendant No.7 have filed consent terms and accordingly suit is ordered to be decreed in terms of consent terms. Therefore, I pass the following order.
ORDER
1. Notice of Motion No.1221/2019 is dismissed.
2. Parties to bear their own costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-07-2022