Date: 17-03-2020
Business: Advocate Mr. Revenkar for Plaintiff present
Advocate Mr. Tukaram Shendge for defendant no.1 to 3, 5 and 6 present and filed registered Notice of Motion no.1133/20, t.o.r.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 07/04/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NOTICE OF MOTION
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: NOTICE OF MOTION
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: NOTICE OF MOTION
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Ms. Sonali for plff present and submitted that plff has not received the copy of notice of motion taken out by deft Nos.1 to 3 and deft 5 and 6.
Adv Mr. Tukarm Shinde 1 to 3, 5, 6 present and submitted the he will serve copy of NM on the advocate for plff.
Adv Mr. Waghmare for deft No. 7 present and filed draft NM for delay condonation along with affidavit in support. O- Leave to register is granted.
Proposed WS of Deft No.7 produced today be kept on record.
By consent, matter is adjd. for NM hearing to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 03.07.2021 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None present for plaintiff.
Adv.Leena Suryavanshi h/f.Adv.Tukaram Shendge for defendant No.1 to 3, 5 and 6 present.
None present for defendant No.4 and 7.
Adjournment application, Exh.5 filed by Adv.Leena Suryavanshi t.o.r
O-Time granted as last chance as NM is for hearing.
Matter adjd to 03.09.2021 for NM hearing.
Judge
LO at 02.52 pm
Adv.Sonali S i/b. A.G.Revankar for plaintiff present.
Adv. S.S.Waghmare for defendant No.7 present and tendered original registered NM No.527/21 a/w. affidavit in support t.o.r.
Copy of NM No.527/21 is received by the plaintiff. Endorsement to that effect is made on notice of motion.
Matter adjd to 03.09.2021 for hearing on NM No.1133/20 and NM No.4411/19 and reply of plaintiff to NM No.527/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Rajesh Revankar i/b. A.G.Revankar and Co. for plaintiff present.
Adv.Tukaram Shendage for defendant No.1 to 3, 5 and 6 present.
Adv.S.S.Waghmare for defendant No.7 present.
The Ld.Adv.for the plaintiff wants to take steps for bringing Legal Heirs of defendant No.4 on record. Hence, adjourned for steps in that regard.
Plaintiff filed today reply to NM No.527/21 on itself.
Heard Adv. for defendant No.7 and the plaintiff on NM No.527/2021.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.527/2021 is allowed.
2. The delay in filing Written Statement is condoned.
3. The Written Statement is taken on record.
4. Notice of Motion No.527/2021 is disposed off accordingly.
Written statement is marked as Exh.6. It is taken on record in view of order in NM No.527/2021.
The defendant No.7 undertakes to furnish copy of WS, Exh.6 to the plaintiff on next date.
Matter adjd to 24.09.2021 for steps for bringing LR\''s on record (Deft. No.4), hearing of NM No.1133/2020 and NM 4411/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Sonali Sigum i/b.A.G.Revankar and Co. for plaintiff present.
Adv.Amit Vashika h/f.Adv.Tukaram Shendge for defendant present.
Plaintiff requested for time. Matter adjd for steps for bringing LR\''s of deft. No.4 on record, hearing of NM 1133/20, NM 4411/19 on 14.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv.Sonali Sighum i/b.A.G.Revankar and Co. for plaintiff present.
Adv.Tukaram Shendge for defendant nos.1 to 3, 5 and 6 present.
Adv.for defendant No.7 absent.
The plaintiff filed draft chamber summons a/w. affidavit in support for taking on record the legal heirs of deceased defendant No.4.
O-Leave granted to register the draft chamber summons.
Matter adjd to 22.11.2021 for Ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for plaintiff.
None present for defendant Nos.1 to 6.
Adv.S.S.Waghmare for defendant No.7 present.
The plaintiff remained absent. The draft chamber summons is not tendered after registration of the same by the plaintiff. Hence, keep for order in respect of draft chamber summons, matter adjd to 17.12.2021 for order on draft chamber summons/hrg. on NM 1133/2020 and 4411/19.
LO 01.20 p.m.
Adv.Sonali Sigum for plaintiff present.
The plaintiff wants to tender registered Ch/s. Hence, keep back.
LO at 5.00 pm,
None present.
matter adjd to 17.12.2021 for order on draft chamber summons/hrg. on NM 1133/2020 and 4411/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Sonali Sigum i/b.A.G.Revankar for plaintiff present.
Adv.S.S. Waghmare for defendant No.7 present.
The plaintiff tendered registered chamber summons No.1567/21 a/w. affidavit in support.
Matter adjd to 20.01.2022 for service affidavit in ch/s., say on ch/s., hearing on NM No.1133/20, NM No.4411/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv.A.G.Revankar for plaintiff present.
Adv.Waghmare for defendant No.7 present.
None present for the rest of the defendants.
The Ld.Adv.for the plaintiff submits that the defendant No.7 is proceeding at the instance of defendant No.1 and 2 with respect to the suit property and there is urgency to pass interim order in NM No.4411/2019. Heard the plaintiff. Heard the Ld.Adv.for deft.No.7. The Adv. for deft. No.7 wants to take some instructions from defendant No.7 regarding recent development in the issue.
Matter adjd to 24.01.2022 for further submissions
Next Purpose: HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. A. G. Revankar present for plaintiff.
Defendant No.1 Netaji Omase in person present.
Adv. Mr. Tukaram Shinde for defendants No.1 to 3, 5 and 6 present.
Adv. Mr. S. S. Waghmare for the defendant No.7 present.
Advocate for the plaintiff filed additional affidavit of service. t.o.r and marked as Exh.7. Copy is served on other side.
The plaintiff filed reply it is marked as Exh.8 in NM No.1133/2020. t.o.r. Copy is served on other side
Heard the plaintiff on the point of urgency for interim relief in NM No.4411/2019. Heard the advocate of defendant No.7. He submits that the defendant No.7 is not intending to create any third party interest. Submission is taken on record.
The plaintiff has received copy of written statement filed by defendant No.7.
Matter adjd to 17/03/2022 for hearing on NM No.4411/2019 and NM No.1133/2020.
Next Purpose: HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Mr. A. G. Revankar present for plaintiff.
None present for defendant.
On oral request of ld. advocate for the plaintiff, matter adjd to 13.04.2022 for hearing.
L.O. at 11.44 a.m.
Adv. Mr. S. S. Waghmare for the defendant No.7 present.
Adv. Mr. Tukaram Shendge for the defendant Nos.1 to 3, 4 and 6 present.
Adv. Mr. Tukaram Shendge and his client signed mediation form.
Matter already adjd to 13.04.2022 for hearing in NM/mediation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv.A.G.Revankar for plaintiff present.
None present for defendant.
Matter adjd to 16.06.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None present for plaintiff.
Deft No.1 is present.
Adv S.S.Waghmare present for defendant No.7.
Mediation not received.
Matter adjd to 19.07.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: None present.
KB. LO 2.45.
Adv. A. G. Revankar Present for Plff.
None Present for Deft.
Ex.09- Mediation failure report received.
Adj. For Hearing on CS 1567/21 and NM 4411/19, 1133/20 on 12/08/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Rajesh Revankar I/b A. G. Revnkar and Co. Present for Plff.
None Present for Deft no.1 to 3,5,6.
Adv. S. S. Waghmare Present for Deft no.7.
Adv of deft no. 1 to 3, 5 and 6 has filed say on overleaf of CS on 02/02/2022.
Today Adv of deft no.7 has filed say overleaf of CS.
Heard adv of plff and Deft no.7 on CS 1567/21.
F.R.S.R. following order passed on CS 1567/21.
1. Chamber Summons No.1567 of 2021 is allowed.
2. Plaintiffs are allowed to bring on record the legal representatives of deceased defendant No.4 mentioned in para No.1 supra.
3. Plaintiffs shall carry out amendment in plaint next date.
Adj. For Amendment and Hearing of NM 4411/19, NM 1133/20 on 08/09/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: By Praecipe
Adv. Rajesh Revankar Present for Plff.
Adv. Tukaram Shinde Present for Deft no,1,2,3,5,6.
Ex. 10- Application for taking matter on today\''s board. - Allowed.
Ex.11,12. Adv of plff has filed service affidavit in respect of NM 4411/19. - It shows that adv of deft no. 1 to 6 served with NM by email and deft no.7 served through his advocate.
Ex.13- adv of plff filed further affidavit in support of NM 4411/19.
adv of deft no. 1,2,3,5,6 contended that he received copy of further affidavit in support of NM on 19/08/2022 in the evening.
Adv of deft seeks time to file reply to NM 4411/19.
Heard argument adv of both parties on NM 4411/19.
F.R.S.R. following order passed on NM 4411/19
Prayer of plaintiff to grant interim status quo stands rejected. Defendants shall file reply on “further affidavit in support of Notice of Motion No.4411 of 2019” till next date.
Case adjourned for compliance of order dtd.12/08/2022 passed below CS No.1567/2021, reply of defendant on Exh.13, hearing on Notice of Motion No.1133 of 2020 to 08/09/2022.
Next Purpose: REPLY
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Sonali Sigom Present for Plffs
Plff no.2 in person present.
Deft no.1 in person present.
Adv. S. S. Waghmare Present for Deft no.7.
Ex.14. - Adv of deft no.7 filed reply to NM 4411/19. Copy served upon plff no.2 and deft no.1 inperson
Adv of Plff no.2 filed draft CS along with affidavit for amendment in plaint. Leave granted to register CS. Copy served upon deft no.1 inperson and adv of deft no.7.
adv of plffs seeks time for service affidavit in respect of Deft no. 4(a) to 4(d).
Adj. For Service affidavit in respect of deft no.4(a to d), and hearing on NM 4411/19, NM 1133/20 and CS returnable on 29/09/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Sonali Sigom Present for Plff.
Deft no.1 present.
Adv. S. H. Waghmare Present for Deft no.7.
Adv of Plff has not tendered registered CS 1454/22 and seeks time for the same.
Adj. For Service affidavit in respect of deft no 4 ( a to d) and hearing on NM 4411/19, NM 1133/20 and returnable CS 1454/22 on 05/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. A. G. Revankar Present for Plff.
Adv. S. S. Waghmare Present for Deft no.7.
Adv of plff tendered registered CS 1454/22 along with affidavit.
Ex.15 - Adv of plff has filed service affidavit along with postal tracking report in respect of CS. It shows that CS served upon proposed defts by RPAD on 15/9/2022, 28/09/2022, 16/09/2022 and 28/09/2022 respectively. However they did not appear. Hence CS is proceeded Ex-parte against them.
Heard argument of adv of plff and Deft no.7 on CS 1454/22.
Adj. For Order on CS 1454/22 and Hearing NM 4411/19, NM 1133/20 on 16/11/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Rajesh Revankar I/b A. G. Revankar and Co. Present for Plff.
Adv. S. S. Waghmare Present for Deft no.7.
F.R.S.R. following order passed on CS 1454/22.
1. Chamber Summons No.1454/2022 is allowed.
2. The delay for bringing LRs of deceased deft.no.4 in Notice of Motion No.4411/2019 & 1133/2020 is condoned.
3. Plaintiffs are allowed to bring on record the legal representatives of deceased defendant No.4 in Notice of Motion No.4411/2019 & 1133/2020 and consequential amendment as prayed
4. Plaintiffs shall carry out amendment in Notice of Motion No.4411/2019 & 1133/2020 till next date.
Adj. For Compliance of Order of CS 1454/22 and Hearing on NM 4411/19 and NM 1133/20 on 29/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. S. G. Revankar for plaintiff present.
Adv. S.S. Waghmare for defendant No.7 present.
Defendant No.1 present.
On 22.11.2022 advocate of plaintiff has carried out amendment as per order dtd.16.11.2022.
Defendant No.1 contended that name of defendant No.4b is wrongly mentioned by plaintiff as Tanaji Netaji Omase instead of Tanaji Naroba Omase.
Advocate of plaintiff contended that he will take necessary steps for the amendment in the said name.
Defendant No.1 seeks adjournment as his advocate is not available.
Exh.16 advocate of plaintiff filed application for correction in the name of defendant No.4b. Order passed. Other side to say.
Issue summons to the defendant No.4a to 4d.
Case adjourned for service affidavit, say on Exh.16 and hearing on NM 4411/19, NM 1133/20 to 6.1.2023.
Judge
LO at 12.15 p.m.
Adv. S. G. Revankar for plaintiff present.
Adv. S. S. Bedekar filed vakalatnma on behalf of defendant Nos.4a, 4c and 4d.
Advocate of defendant Nos.4a, 4c and 4d. has given no objection on overleaf of application Exh.16.
In his application plaintiff prayed for correction in the name of defendant No.4b. i.e. Tanaji Netaji Omase instead of Tanaji Naroba Omase. It seems that it is typographical mistake and hence, it is desirable to allow to correct the name of defendant No.4b.
Plaintiff carried out amendment.
Copy of amended plaint be served on defendants.
Case adjourned for service affidavit and hearing on NM 4411/19, NM 1133/20 to 6.1.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Sonali Sigom I/b A. G. Revankar and Co. Present for Plff.
Adv. S. S. Bedekar Present for Deft no. 4(a,c,d).
Adv. Rajbar h/f Adv. Waghmare Present for Deft no.7.
adv of deft no.4(a,c,d) he has not received copy of NM 4411/19.
Adv of plff stated that today she will supplied copy of NM 4411/19 to adv of deft no. 4(a,c,d).
Adj. For Copy of amendment plaint, reply on NM 4411/19 by deft no.4(a,c,d) and hearing on NM 1133/20 on 02/02/2023.
Next Purpose: REPLY
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. Sonali Sigumi I/b Adv. Revankar Present for Plff.
Deft no.1 present.
None Present for Deft no. 2,3,5,6.
Adv. S. S. Bedekar Present for Deft no. 4(a,c,d).
Adv. S. S. Waghmare Present for Deft no.7.
adv of deft no. 4(a,c,d) seeks time for filing reply on NM 4411/19 on the ground that plff has not supplied copy of plaint along with annexure. Adv of plff undertake to serve copy of plaint and annexure.
Adj. For Reply on NM 4411/19 by deft no. 4(a,c,d) and hearing on NM 1133/20 on 28/02/2023.
Next Purpose: REPLY
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Sonali Sigoni i/b A.G. Revankar and Co. for plaintiff is present.
Adv. Tukaram Shendge for defendants no. 1 to 3, 5 and 6 present.
Adv. Bedekar for defendants no. 4(a),4(c) and 4(d) present.
Adv. S.S. Waghmare for defendant no.7 present.
Exh.17 Adv.of defendants no. 4(a),(c) and (d) has filed reply to NM No. 4411/19. Copy served to other side.
Case adjd for hearing on NM No. 1133/2020 to 28.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Revankar Present for Plff.
Adv. Tukaram Shendge Present for Deft no.1,2,3,5,6.
Adv. S. S. Bedekar Present for Deft no. 4 (a,c,d).
Adv. S. S. Waghmare Present for Deft no.7.
Exh.18- adv of plff has filed service affidavit in respect of deft no. 4(b) along with RPAd envelop. It shows it returned with postal remark refused. Thus deft no.4(b) deemed served with suit summons. None appeared on behalf of deft no. 4(b). Hence suit be proceeded ex-parte against deft no.4(b).
Exh.19. - Adv of deft no.1,2,3,5,6 filed application for adjournment on the ground that deft want to carry out amendment in it NM. Adv of plff has given say on overleaf application Exh.19 and strongly opposed to grant adjournment. There is no sufficient and reasonable ground to grant adjournment. Hence application is rejected.
Heard argument adv of plff, Deft no. 1,2,3,4(a,c,d),5,6,7 on NM 1133/20.
Adj. For Order on NM 1133/20 and Hearing on NM 4411/19 on 18/04/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Shri. AG. Revankar for plaintiff present.
Adv.Shri.Tukaram Shendge for defendant Nos.1 to 3, 5 and 6 present.
None present for defendant Nos.4a, 4c, 4d.
Defendant No.4b – ex-parte.
Adv. Shri. S. S. Waghmare for defendant No.7 present.
Defendant Nos.1 and 2 present.
KB for order on NM
FRSR following order passed.
ORDER
Notice of Motion No.1133 of 2020 is rejected
------------------
Case adjourned for hearing on NM 4411/19 to 21/06/2023.
Nature Of Disposal: OTHER
Disposal Date: 18-04-2023