Osborne Joseph D Sa And 5 Ors.VsAllwyan Bruce Cecil D Sa And 5 Ors.

Date: 26-04-2019
Business: Matter adjd to 05.07.19 for Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: P.O. is on Leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Matter called out (3.11pm)
Plaintiff and his advocate absent.
Adv. Ms. Sujata for defendant nos. 2 and 4 Present.
Adv.Parag Shah for defendant nos. 5 (a)(i) to 5 (a) (v) present.
Plaintiff did not filed original notice of motion no.1242/19,
with the direction to the plaintiff filed N/M No.1242/19 on or before next date.
Matter adj for hearing on N/M No.1242/19 on 26/08/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Matter called out (3.43pm)
Adv.for plaintiff present.
Adv.Sujata i/b Adv. Sandhya Nanavare for defendant no.2 and 4 present.
Adv.Nitin Raut for defendant no.1(a) and 1(b) present.
Adv.Neelam for defendant no.5(a) and (i) to 5(a) (v) present.
Matter adj for reply on hearing on 01/11/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: Matter called out at 11.20.
Adv.Shraddha Prajapati for def.No5(a)(i) to 5(a)(v) present.
At the request of adv. for defendant No.5.
KB
Adv. Sujata Dahigaonkar for defendant No.2 and 4 present, seeking time to file  rejoinder.
Defendant is directed to served copy of rejoinder in advance so that matter can be heard Finley on next date.
Matter is adj for hearing to 25.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Matter called out at 2.53pm
Adv.Parag Shah for defendant no.5(a) (i) to 5(a) and (v)present.
Adv.Sandhya Nanavare for defendant no.4 present filed rejoinder T.O.R.
Adv.Nitin G.Raut for defendant no.1(a) and (b) present.
Adv.Denzil Dmello for plaintiff present.
Matter is adjd. to 13/01/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: P.O. is on Leave. Adj. to 05-02-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: P.O. IS ON LEAVE
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv Parag Shah for defendant no.5(a)I to 5(a)V present.
None present for plaintiff.
None present for defendant no.2 and 4.
Matter adjd for N.M. hearing on 30/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Plaintiff and advocate absent.
Adv Parag Shah for defendant no. 5a-1 to 5a-5 present.
Matter adjd for N.M. hearing on 15/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Advocate Geeta Sonawane for plaintiff is present.
None present for defts.
Adjourned for taking steps to 18/01/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present for plaintiff.
Advocate Prajapati for defendant no.5 is present.
Adjourned for taking steps to 14.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Advocate Karen Koya i/b Denzil D\''mello for plaintiff is present.
None present for defendant.
Filed draft Chamber summons with supporting affidavit t.o.r. leave is granted to register the chamber summons.
Adjourned to 23/8/2022 for filling register chamber summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Both parties and their counsel are absent when called.
Matter is fixed for filing registered CS on record. but till today no CS filed on record. Hence, Plaintiff is hereby directed to file CS on record without fail.
Adjd. for filing CS to 06/07/2023.
Later on at 04.55 p.m.
Advocate Shraddha Prajapati for defendant no. 5(a)(i) to 5(a)(v) is present and submitted that Defendant no. 5(a)(iv) Shubhangi is expired. She also filed affidavit in reply to CS No. 983/2022. TOR. Copy of reply for other side is kept in R and P.
Already adjd. for filing CS to 06/07/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Court is on leave. Adjd. to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ms. Karen Koya I/b Densil D’Mello present for plaintiff and tendered registered CS no.983/2023 alongwith affidavit in support. t.o.r. She also tendered draft Chamber Summons alongwith affidavit in support. O- Leave to registered  draft Chamber Summons alongwith affidavit in support is granted.
Adv. Baiju Pukala present for defendant nos.05a(i) to 02.
Matter is adjd. for service affidavit of both Chamber Summons to 18.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Geeta Sonawane i/b Adv. Densil D’Mello present for plaintiff and filed affidavit of service of CS no.983/2022 and CS no.1316/2023. t.o.r. She also filed registered CS no.1316/2023 alongwith with affidavit in support. t.o.r.
Adv. Baiju Kupala present for defendant nos.05a(ii),(iii),(v) and (vi) filed Vakalatnama. t.o.r. Marked as Exh-20.
Matter is adjd. for Order on C/S to 05.09.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Geeta Sonawane present for plaintiff.
Adv. Baiju Pupala present for defendant.
KB for order.
Heard adv. for plaintiff and defendant on CS no.983/2022 and CS no.1316/2023. CS no.983/2022 is taken to bring LR’s of defendant no.02 on record. Defendant no.02 is expired on 31.01.2021 and the information of LR’s is received after 13.12.2021. Chamber Summons is filed on 08.7.2022. Admittedly during the said period, limitation was relaxed by the Hon’ble Supreme Court. CS no.1316/2023 is taken for bringing LR’s of defendant nos.05a(iii) on record. In Chamber Summons, it is mentioned that defendant no.05a(iv) is expired, but the death certificate is showing defendant no.05a(iii) Shubhangi is expired on  27.04.2021 and her LR’s are to be brought on record. As per affidavit, plaintiff received information of LR’s on 04.05.2023 and then Chamber Summons no.1316/2023 is taken. Thus the delay is satisfactorily explained. Right to sue survives against LR’s of defendant no.02 and defendant no.05a(iii). Hence, I passed following order.
Order:
1) Chamber Summons no.983/2022 and Chamber Summons no.1316/2023 are allowed in terms of prayer clause (a) to (e) of both Chamber Summons.
2) Plaintiffs are permitted to carry out amendment in plaint as per Schedule annexed to both Chamber Summons within limitation.
3) After amendment, copy of amended plaint be served on LR’s of deceased defendant and surviving defendants.
4) Chamber Summons no.983/2022 and Chamber Summons no.1316/2023 are disposed off accordingly.
Matter is adjd. for compliance to 27.10.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Fernandes present for plaintiff.
Adv. Nitin G. Raut present for deceased defendant no.01.
Adv. Baiju Pupala present for defendants.
Compliance of the earlier order is not made.
Matter is adjd. for compliance to 07.12.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Fernandes present for plaintiff.
Adv. Raut present for defendant nos.01a amd 1b.
Adv. Baiju Pupala present for defendant nos.05a(i) to 05a(vi) and filed Vakalatnama. Taken on record. Marked as Exh-21.
Adv. for plaintiff filed service affidavit of amended copy of plaint.
Record shows that Notice of Motion no.1242/2019 is taken by defendant no.04 for permission to cross-examine defendant no.05. Adv. for defendant no.04 is absent. Hence, keep for order.
Matter is adjd. for order to 04.01.2024.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. S. R. Raut present for defendant nos.01a and 01d.
Adv. Baiju Pupala present for defendant nos.05a(iii)(a)and  05a(iii) and filed written statement. Taken on record. Marked as Exh-22. O- Read and recorded.Copy is served on otherside.
Matter is adjd. for order to 05.03.2024.
Next Purpose: ORDER
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Geeta Sonawane present for plaintiff and filed two draft Chamber Summons alongwith affidavit in support. Taken on record. O- Leave to register is granted. Copy is served to otherside.
Adv. Baiju Pupala present for defendant no.05.
Adv. Krishna Dhadhi h/f Adv. Varsha Bhogle present for defendant no.06.
Matter is adjd. for C/S reply to 26.03.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Geeta Sonawane present for plaintiff.
Adv. Krishna Dhadhi present for defendant.
Adv. Baiju Pupala present for defendant nos.05, a(i) to a(vi).
Matter is adjd. for C/S reply to 08.05.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for C/S reply to 06.07.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Geeta Sonawane present for plaintiff and filed draft Chamber Summons alongwith affidavit in support. Taken on record. O- Leave to register is granted. She also and filed registered Chamber Summons no.534/2024 and Chamber Summons no.535/2024 alongwith affidavit in support. Taken on record. O- Leave to register is granted.
None present for defendant.
KB
Adv. Baiju Pupala preent for defendant no.05.
Matter is adjd. for C/S reply to 06.08.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: P.O. is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: P. O. is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Priyanka Sonawane present for plaintiff and filed registered Chamber Summons no.1534/2024 alongwith affidavit in support. Taken on record.
None present for defendant.
Defendant no.05(d) is present.
Matter is adjd. for CS reply to 18.11.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: P. O. is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Priyanka Sonawane present for plaintiff and filed registered Chamber Summons no.1534/2024, Chamber Summons no.534/2024 and Chamber Summons no.535/2024 alongwith affidavit in support. Taken on record.
Adv. Baiju Pupala present for defendant no.05.
Heard Ld. Adv. for plaintiff. Chamber Summons no.534/2024, Chamber Summons no.535/2024 and Chamber Summons no.1534/2024 filed by plaintiff for deleting name of defendants who are died, for bringing the LR’s on record, for condonation of delay and for amendment as per schedule. The adv. for defendant no.05 given no objection to all the Chamber Summons. It is submitted by the adv. for plaintiff the other defendants though served the Chamber Summons but not appeared. Considering the submissions all the Chamber Summons are necessary to be allowed. Hence, following order.
Order:
1)  Chamber Summons no.534/2024 is allowed in terms of prayer clause (a), (b) and (c).
2)  Chamber Summons no.535/2024 is allowed in terms of prayer clause (a) and (b).
3)  Chamber Summons no.1534/2024 is allowed in terms of prayer clause (a), (b) and (c).
4)  Chamber Summons no.534/2024, Chamber Summons no.535/2024 and Chamber Summons no.1534/2024 is disposed of.
Matter is adjd. for compliance to 15.01.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Geeta Sonawane present for plaintiff and requested for for extension of time to carry out amendment.
None present for defendant.
Matter is adjd. for compliance to 05.02.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Geeta Sonawane present for plaintiff.
Adv. Baiju Pupala present for defendant no.05.
Plaintiff no.01(f)(ii) is present.
Notice of Motion no.1242/2019 filed by defendant no.02 to 04 for permission to cross-examine DW-03. Nobody is appearing for defendant no.02 and 04 since long. Matter is old one of the year 1994. Hence, Notice of Motion no.1242 of 2019 is hereby dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 05-02-2025

Main Case No: SUIT/0109288/1994
Main Cnr: MHCC010122902012
Main Filing No: 111447

Registration Number: 101242/2019
Transfer Date: 22-07-2019
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 101242/2019
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Filing Number: 103391/2019
Filing Date: 20-03-2019
First Hearing Date: 26th April 2019
Decision Date: 05th February 2025
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE