Date: 31-03-2018
Business: Plff.no.2 in person present.
Adv. for plff. present.
Defts. and their adv. absent.
Adv. for plff. tendered registered N/M No.1124/18 alongwith supporting affd.
Matter is adjd. to 26.04.2018 for N/M service / service affd. / N/M reply.
L.O. at 03.05 p.m.
None for D/1 and 2.
Adv. Ramesh Jadhav for D/3 present and undertaking to file V/P on next date.
Matter is adjd. to 26.04.2018 for service affd. against D/1 and 2 / N/M reply of D/3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2018
Date: 26-04-2018
Business: Adv. Avinash Kango for plff. present.
D/1 and 2 absent.
Adv. for D/3 alongwith D/3 present.
Exh.3 V/P filed by adv. for D/3 present.
Matter is adjd. to 11.07.2018 for reply to N/M No.1124/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: Plff. present.
Adv. for plff. present.
Adv. Nilam Gaikwad for D/1 and 2 present.
Exh.4 Adjournment application filed adv. for D/1 and 2. t.o.r.
O Allowed.
Matter is adjd. to 05.09.2018 for reply to N/M No.1124/18 / service affd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Adv. Avinash Kongo for plff. present.
Adv. for S.R.Page. D/1 and 2 present.
Adv. Ramesh Jadhav for D/3 present.
Exh.5 Service affd. filed by adv. for plff. t.o.r
Exh.6 V/P filed by Adv. Mr.S.R. Page for D/1 and 2 t.o.r
Matter is adjd. to 17.09.2018 for reply on N/M No.1124/18
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: Adv. for plff present.
Adv. for D/1and2 present.
Adv. for D/3 present and D/3 also present.
Adv.Ramesh Jadhav for D/1 and 2 filed Affidavit in reply to N.M no. 1124/18. t.o.r.
On request of adv of plff, Matter is adjd. to 23.10.18. for rejoinder hearing or N.M.
Next Purpose: HEARING
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: plff. and his adv. absent.
deft. and his adv. absent.
kb at 2.45
L.O. at 2.55 p.m
Adv. for plff. present.
Adv. for D/1 and 2 present
Adv. for D/3 present.
Adv. for D/1 and 2 filed draft NM alongwith affidavit and sought to register it. TOR. Leave granted to register it.
Copy supplied to adv. of plff.
Adv. for D/1 and 2filed reply to N/M No. 1124/18
Adv. for D/3 filed reply to N/M No. 1124/18
Matter is adjd. to. 31.10.2018 for hearing on N/M No. 1124/18 and reply to Draft N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. Kangane for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/1 and 2 filed registered N/M No. 4064/18 alongwith supporting affd.
kb
L.O. at 5.10 p.m
Same appearance
Adv. for plff. tendered written submission on N/M No. 1124/18 along with ciatiation.
Copy supplied adv. of defts.
Matter is adjd. to. 17.11.2018 for hearing on N/M No. 1124/18 and reply to 4064/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2018
Date: 17-11-2018
Business: Adv. Avinash Kango for plff. present.
Adv. S.R. Page for D/1 and 2 present.
Adv. Ramesh Jadhav for D/3 present.
Adv. for plff. has filed reply to N/M No.4064/18 t.o.r
Heard the adv. of plff. and D/1 and 2 on N/M No.4064/18
F.R.S.R following order is passed on N/M No.4064/18
ORDER
1. The Notice of Motion No.4064 of 2018 is allowed in following terms.
(i) The delay occurred in filing the written statement by the defendants No.1 and 2 is hereby condoned and they are allowed to file their written statement.
(ii) The defendants No.1 and 2 shall jointly and severally pay the cost of Rs.10000/- to the plaintiffs towards cost.
(iii) In these terms, the Notice of Motion stands disposed off.
Exh.7 The defendants No.1 and 2 have already filed W.S. and hence it is taken on record at Exh.7.
Matter is adjd. to. 27.11.2018 for hearing on N/M No.1124/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: plff. and his adv. absent.
Adv. for D/3 present.
K.B.
l.o at. 3.45pm
Adv. of D/1and 2 present.
Heard the ld of the deft partly of N.M. In the course of hearing the ld adv of the plft has submitted that he is for the present pray cause (c) of N.M. only and will preays the other prayer after decision on prayer clause (c). In view of the, Matter is adjd. to.04.12.2018 for hearing on prayer cause (c) only.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/3 present.
On request of Adv. for D/1 and 2 Matter is adjd. to. 07.12.2018 for hearing on N/M No. 1124/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Court is busy in argument in old Suit No.50/91 and deal with other old matters. Hence, Matter is adjd. to. 13.12.2018 for Hearing on N/M No.1124/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/3 present.
The Ld. adv. for plff. has endorse that the plffs are not prasing prayer clause (a) and (b) of the NM at present and accordingly, the N/M is disposed off in respect of prayer clause (a) and (b) not prased with liberty to take out N/M for those relief after decision on prayer clause (c).
Heard argument of plff. and partly heard of D/1,2 and 3.
Matter is adjd. to. 20.12.2018 for further submission of D/1,2 and 3 hearing on N/M No.1124/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/3 present.
On request of Adv. for D/3 Matter is adjd. to. 05.01.2019 for hearing his submission of D/3 on N/M No.1124/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
D/3 in person present along with Adv. Nilam Gaikwad for D/3 present.
Adv. for plff. has filed application along with list of 3 documents out of which Sr.No.2 and 3 appear to be xerox copy though plff. has mentioned in the list that they are original t.o.r
Copies of Exh.8 and Exh.9 are supplied to adv. the D/1 and 2 and D/3
Adv. for plff. has also file list of ciatations. t.o.r
Copy supplied to the other side.
Matter is adjd. to. 10.01.2019 for Say on Exh.8 and hearing submissions of D/3 on the N/M at 4.30 p.m
Next Purpose: FILING SAY
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
kb at 2.45 p.m
L.O. at 3.50 p.m
Adv. for plff. present.
Adv. for D/3 present and has filed list of documents in support of N/M No.1124/18 along with pendrive marked as Article-1.
Copy served to other side.
Matter is adjd. to. 17.01.2019 for hearing Exh.8 and hearing on N/M No.1124/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv for plff. present and has filed affd in reply to D/3 application Exh.10. t.o.r
Adv. for D/1 and 3 present.
Adv. for D/3 present.
On request of Adv. for D/3 Matter is adjd. to. 28.01.2019 for hearing Exh10 and hearing on N/M No.1124/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: As Court is on leave, Board is discharge, Matter is adjd to. 14.02.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2019
Date: 14-02-2019
Business: Adv. Avinash Kango for plff. present and has filed application t.o.r
Adv. for D/2 present.
Adv. for D/3 present.
As court is busy in administrative work By consent matter adjd. to. 28.02.2019 for hearing on N/M No.1124/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: Adv. for plff. present.
Adv. for D/1,2 and 3 present.
As court is busy in administrative work and order matter, Matter is adjd. to.12.03.2019 for hearing on N/M No.1124/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. for plff. present.
Adv. Kanojiya for D/1 and 2 present.
Adv. for D/3 present.
Heard the Ld. adv. for plff. and advocates of the defts on the application Exh.10.
ORDER ON EXH.10
The D/3 has requested to this application to allow him to file documents along with pendrive. The Ld. adv. for plff. has filed reply and opposed it on the ground that the documents are not relevant and the pendrive produced can not be relied upon as authenticated document. On examining the submissions the D/3 is allowed to produce the aforesaid document and pendrive marked as Article-1. In these terms, the application Exh.10 is disposed off.
Matter is adjd. to. 30.03.2019 for further hearing submission of D/3 on the N/M No.1124/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2019
Date: 30-03-2019
Business: Adv. Kongo for plff. present.
Adv. Ramesh Jadhav for D/3 present and has filed application to allow him to display the video shotting given in the pendrive which is produced in the court.
O- Other side to say.
Rest of the defts are absent.
Matter is adjd. to. 08.04.2019 for reply and hearing on Exh.11
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Papinder Singh alleged next friend of plff. Sohan Singh present his adv. absent. He has filed reply and written submissions to application Exh.11 t.o.r
Adv. Page for D/1 and 2 present.
Adv. Jadhav for D/3 present.
On request of Adv. for D/3 Matter is adjd. to. 18.04.2019 for rejoinder and hearing on application Exh.11 taken out by D/3.
Next Purpose: HEARING
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Adv. Arvind Kango for plff. present and has filed citation t.o.r
Adv. for deft. present.
Adv. for plff. submits that the he has filed application dtd.29.01.2019 on 14.02.2019but it is not exhibited. The roznama dated. 14.02.2019 shows that this application is filed. Hence, today this application marked as Exh.12. It be served on the defts for filing their reply on it.
Matter is adjd. to.02.05.2019 for hearing on application Exh.11 taken out by D/3 and reply to application Exh.12.
As the plff. is Sr. citizen, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9. Parties to remain present on next date before C.R.No.09.
Next Purpose: HEARING
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Case is adjourned to 10/06/2019 for say to Exh.12.
Next Purpose: REPLY
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: None present for Plaintiff.
Adv. Mr. Karande for Defendant No. 3 present.
Case is adjourned to 04/07/2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.1790/10 and suit no.5795/06 as well as court has to hear Notice of Motion in suit no.2242/16, hence case is adjourned to 20/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Court is busy in dictating order on NM in suit no.4108/10 as well as court has to hear urgent matters, hence case is adjourned to 13/11/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2020
Date: 13-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: None present for Plaintiff.
Advocate Ms. Radhika Vig for Defendant no.1 and 2 present
Advocate Mr. Ramesh Jadhav @ Defendant no.3 present and filed an application for taking on record death certificate of Plaintiff, t.o.r. He also submitted that Plaintiff Sohan Singh Sarai expired on 09/05/2019. Copy of death certificate is also annexed to the application.
Both advocate for Defendants submitted that the suit was filed for appointment of guardian for Plaintiff. It is argued that as Plaintiff is no more, no question arises of appointment of guardian for Plaintiff, hence, according to advocate for both Defendants, suit is necessary to be disposed off.
It seems that Plaintiff\''s son who has filed this suit is not attending the court as he knows that no force remained in the matter. Further, Plaintiff is reported to be dead on 09/05/2019 and till today no steps are taken for bringing LRs on record. In such circumstances suit stands disposed off as abated for want of steps. Notice of Motion no.1124/2018 stands disposed off accordingly.
Nature Of Disposal: ABATED
Disposal Date: 08-01-2020