Ashok Chhaganlal WaghelaVsMagnam Developers

Date: 03-04-2018
Business: Plff. and his adv. absent.
Deft. and his adv. absent.
Issue writ of summons against deft.
kb at 2.45
L.O at 2.45
Adv. for the plff. present.
Adv. for the tendered registered N/M No. 1292/18 along with supporting affd.
Adv. for the plff. tendered draft Ch/sum.
Leave granted. Ch/sum be registered.
Matter is adjd. to 12.04.2018 for Order on Ch/sum. Reply to N/M 1292/18.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-04-2018

Date: 12-04-2018
Business: court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-04-2018

Date: 25-04-2018
Business: Adv. for plff. present.
Deft. and his adv. absent.
Plff. has taken out the Ch/sum for amendment in the plaint. Considering the grounds and nature of amendment, the Ch/sum is allowed. Plff. to carry out amendment on or before next date and to serve the Wr/sum to the deft. Accordingly, Ch/sum is disposed of.
Ch/sum be registered for statistical purpose.
Matter is adjd. to 04.05.2018 for compliance / Wr/sum.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Business: Plff. and his adv. absent.
Adv. for defts. present.
Exh.2 V/P filed by adv. for defts. t.o.r.
Matter is adjd. to 14.06.2018 for compliance / Wr/sum.
L.O.
Adv. for plff. present.
Adv. for plff. submitted that the date is preponed and seeking ad-interim relief.
Matter is adjd. to 14.06.2018 for compliance / Wr/sum.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2018

Date: 14-06-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Plff. is seeking time for reply.
Matter is adjd. to 21.09.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: Adv Mr.Ashutosh for plff. present.
Adv Ms.Surbhi Gujar for defts present.
Adv for plff. has tendered registered Ch/s  1671/18.
On request of adv for deft Matter is adjd. to 26.10.2018 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2018

Date: 26-10-2018
Business: Adv. for plff. present.
Adv. Ankush for defts. present.
In view of request of the adv. of plff. no objection adv. of deft. the earlier order is continue pending the hearing and disposal of the N/M
Matter is adjd. to. 26.11.2018 for reply to Ch/s No.1671/18.
E.O. to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Adv. for applicant of Ch/s is present.
None present for the deft
applicant to serve Ch/s on the deft and file report.
Matter is adjd. to.28.01.2019 for report of service on Ch/s
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: As Court is on leave, Board is discharge, Matter is adjd to. 11.04.2019
Next Purpose: C/S REPLY
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Plff. and his adv. absent.
Adv. for deft. present.
On request of Adv. for deft. Matter is adjd. to. 05.07.2019  for report of service on the plff.
Next Purpose: SERVICE
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Adv.Ashok Koushik  for plff. present.
Deft and his adv. absent.
the record relies that since last two date the matter kept for awaiting chs. report. No record relief that the no service report from the defts. However it appears that mark of deft. The plff is directed to made effect to affidavit upon the deft and service the report on affd. on before next date.
Matter is adjd. to.21.08.2019  for report of service.
Next Purpose: REPORT
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: court is vacant.
Next Purpose: REPORT
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Adv. Ashutosh Kaushik for plff present.
None for deft.
Advocate for plaintiff filed affidavit of service. TOR.
The plaintiff is directed to serve the defendants with chamber summons no. 1671/18 through court bailiff.
Adjd for 29.11.2019 for Service of Chamber summons.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Adv. Aarti Singh for plff present.
None for defts.
Advocate for plff tendered registered Ch/s No.1671/18  alongwith affidavit in support, duly served upon defts. TOR.
Adjd for Ch/s Reply to 16.01.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: None for plaintiff.
Adv.Surbhi Gujar for defendant present.
Adv. Aarti Singh for applicant  present.
Order on C/S No. 1671/18 -
        Perused C/S. it is objected by other side. The instant C/S for bringing LRs of deceased plaintiff on record is file within limitation. Hence, C/S allowed. Necessary amendment be carried  out in the plaint on or before next date.
Adjd to 28-02-2020  for  Compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Ashutosh Kaushik for plaintiff present.
None for defendants.
Adjd to 19-03-2020  for compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 07 /07/2020 at 2.45 pm for notice of motion.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to 11/09/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to Covid-19, the matter is adjourned at the stage, it was before lockdown, to 03.11.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Both the parties and their advs absent.  Due to COVID 19, the matter is adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Arti Singh for plaintiff present.
None for deft.
Plaintiff has complied the order in Ch/sum no.1671/2018.  Plaintiff to serve writ of summons to deft. nos.5 and 6.  Plaintiff to serve the amended plaint to deft. nos.1 to 4 and to tender the same on the record.
Adv. for plaintiff tenders draft N/M.  Leave is granted to register.
The matter is adjd for service to 23.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv Aarti Singh for the plaintiff present. She filed registered original N/M no. 240/2021 alongwith affidavit in support. t.o.r.
She also filed affidavit of service. t.o.r.
The defendant Nos. 5 and 6 are duly served with the writ of summons, as per Bailiff report attached with the affidavit. They failed to appear in the matter. Hence suit to proceed exparte against deft Nos. 5 and 6.
None present for the deft Nos. 1 to 4. Hence, the N/M no. 240/2021 to proceed without reply against the deft nos. 1 to 4.
Matter adjd to 22.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 17/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Ashutosh Kaushik for plff is present.
Adv. Harish Pawar for deft no.1 to 4 is present.
Order below NM No. 1292/18
Perused the notice of motion which is supported by an affidavit. Heard both the sides. Prima facie the plaintiff appears to be settle possession of suit premises. As the possession is not disputed, the defendants are restrained from dispossessing the plaintiff without following due process of law till the disposal of present suit. The interim protection is in force since 05.05.2018 and the same can be continued till disposal of the suit. Hence, in the interest of Justice, I pass the following order-
                                             ORDER
Notice of Motion No.1292/18 is allowed and made absolute in terms of prayer clause (a). Notice of Motion is disposed of accordingly.
Matter adjd for directions on 10.11.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Adv. Namrata Parmar for plaintiff is present.
None for defendant.
Considering the nature of relief claimed in NM No. 240/21, it can be taken up along with the suit.
Matter adjd for WS on 17.02.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Ashutosh Kaushik for plaintiff present.
None for defendant.
Today the case is fixed for W/s.  Defendant has failed to file W/s, hence case to proceed without W/s. Matter is fixed for evidence.
Matter is adjd to 13/06/2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv Namrata Parmar for plaintiff present.
None present for defendant.
K.B.
L.O.
Matter Adj to 19/08/22022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Plaintiff is present.
Adv. Namrata Parmar for plaintiff is present.
None present for defendant.
The plaintiff has filed his affidavit of examination in chief t.o.r marked as Exh.3. Read and Recorded.
A/w compilation of documents t.o.r marked as Exh.4. Seen.
Defendant nos. 1 to 4 without WS.
Defendant nos. 5 and 6 proceeded ex-parte.
Matter adjd to 07.11.2022 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. Kartik Pandye for plaintiff is present.
None present for defendant.
It is submitted that in view of changing circumstances,  the plaintiff wants to tender draft Ch/S. Hence, the matter is adjourned.
Matter adjd to 04.01.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv. Kartik Pandey for plaintiff is present.
None present for defendant.
The Ld.Adv.for plaintiff has filed an application for return of original documents filed a/w compilation of documents t.o.r marked as Exh.5. O-It is submitted that the document at Sr.No.1,4 to 7,9 and 11 are original document and are necessary for day to day affairs for the plaintiff. Therefore same may be returned to the plaintiff. Upon perusal of list (Exh.4) it reveals that said document are original ration card, identity card, adhar card of the plaintiff and his family members. Therefore considering the request the application stands allowed. Plaintiff is directed to file photocopies of said documents on record.
On oral request of Ld.Adv.for plaintiff matter adjourned for taking steps.
Matter adjd to 01.03.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: None present for plaintiff and defendant.
Matter adjd to 25.07.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: None present for both sides when called.
Matter be kept for dismissal order.
Matter adjd to 30/09/2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None present for plaintiff and defendant when called.
Record shows that today the matter is under the caption of dismissal. None present for plaintiff when called. It seems that the plaintiff has lost interest in the matter. Hence, the suit stands dismissed for default.
The Contempt Notice of Motion stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-09-2023

CHAMBER SUMMONS/100816/2018
CHAMBER SUMMONS/101671/2018
NOTICE OF MOTION/100240/2021
NOTICE OF MOTION/101292/2018

Registration Number: 100816/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 103638/2018
Filing Date: 07-03-2018
First Hearing Date: 03rd April 2018
Decision Date: 30th September 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE