Date: 22-04-2019
Business: Resumed.
Adv. J. N. Tiwari for plaintiff and Adv. V. A. Joshi for def. Nos. 4, 5 and 7 are present.
Adv. Joshi tendered affidavit of service on remaining parties. O- R and R.
Adv. Tiwari filed affidavit in reply of the plaintiffs and affidavit of service. O- R and R.
Adv. Joshi seeks time to file affidavit in rejoinder. Time is granted as last chance. He undertakes to tender registered NM with affidavit.
Adjd for rejoinder and arguments on NM to 20.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Adv. Tiwari for plaintiffs present.
Adv. Sawant for defendant present.
Affidavit of service of affidavit in reply and Additional reply of notice of Motion no. 1288/19 tendered by the plaintiff.
Additional affidavit in reply of the plaintiff no. 1 to the NM tendered by the plaintiff.
Affidavit in rejoinder of the applicants to the affidavit in reply dated 18.4.2019 of the plaintiff tendered by the defendants.
The Ld. Counsel for the applicant objects for the same on the count that the same is tendered after his rejoinder. The plaintiff is permitted to file additional affidavit. The applicant is at liberty to file rejoinder or reply to the said affidavit.
Adjourned for NM hearing to 1.8.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Adv. Tiwari for plaintiff present.
Adv. Sawant for defendant present.
Adv. for plaintiff filed affidavit of service of reply to counter reply of applicants in NM 1288/19.
Reply to the rejoinder filed by the plaintiff. TOR.
The Ld. counsel for the original defendant wish to file counter reply to the affidavit filed by the plaintiff.
Adjourned for reply to 1.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Tiwari for plaintiff present.
Adv. Sawla for defendants present.
Additional affidavit filed by original defendant nos. 4, 5 and 7 and applicants in this motion.
The Ld. counsel for the defendants seeks time for hearing.
Adjourned for hearing on NM to 20.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. J. N. Tiwari for plaintiff present.
Adv. Akshay Sawant for defendant nos. 4, 5 and 7 present.
The Ld. Advocate for the 4, 5 and 7 submitted that defendant no. 7 Gajanan Mohan Naik expired on 25.10.2019.
The Ld. Advocate for the plaintiff filed reply to the rejoinder of the applicants.
The Ld. counsel for the plaintiff submitted that the defendant no. 7 has expired and seeks time to take steps.
The Ld. Advocate for the applicant seeks time to file sur-rejoinder.
Adjourned for steps / sur-rejoinder to 17.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: CA of original plaintiff present.
Adv Noni Joysar for defendant present.
Original plaintiff has not taken steps.
Put the NM for dismissal order.
Matter is adjd to 28.01.2020 for N/M for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Tiwari for plaintiff present.
Adv. Gauraj Shah @ Adv. V.A Joshi, Adv. Umair A. Ansari I/b Chitnis Vaithy Co. for Applicants/deft no.4,5 and 7 present.
Application for taking Ch/s on record.
O-Read application.
Heard.
Considering the reason the order of dismissal is called back and Ch/s is taken on record.
The Ld counsel for the Applicants/Deft no.4,5 and 7 tendered Draft Ch/s @ affidavit. Leave is granted to register.
Order in Draft Ch/s
The Ld counsel for the deft no.4,5 and 7 submitted that deft no.7 expired on dt. 25.10.2019 leaving behind the legal heirs mentioned in the schedule A attached to the CS.
The Ld counsel for the pltff does not dispute about the death of the deft no.7. he submitted that appropriate order be passed.
Considering fact that the original deft no.7 expired and is one of the applicant to the notice of motion and therefore this Ch/s needs consideration. Hence it is expedient to pass following order.
ORDER
1. Draft Ch/s is made absolute in term of prayer clause (a) to (c).
2. Defendants to carry out the amendment in N/M No.1288/19 within a period of one week from today.
3. Defendants to register the Ch/s for statistical purposes.
The matter is adjd for Compliance and hearing on N/M 1288/19 to .02.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Tiwari for plaintiff present.
Power of attorney holder of deft. present.
Adv. for plaintiff filed application seeking permission to tender written notes of arguments.
O. - Granted.
Written notes of arguments.
O. - Read and recorded.
Copy of written notes of arguments supplied to power of attorney holder of deft.
Power of attorney holder of deft. seeks time for hearing on N/M. Granted as a last chance.
The matter is adjd for N/M hearing to 07.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present
As the Court time is over, the matter is adjourned to
24/03/2020 for orders
Next Purpose: NM ORDERS
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Court is busy in interim hearing in stamp no.4913/20, the matter is adjd for order to 31.10.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: None present.
Court is busy in ad-interim hearing and passing order in Stamp No.5161/20, the matter is adjd for order to 10.11.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: None present.
Court is busy in hearing arguments on N/M in Stamp Nos.4532/20, 4536/20 and 4378/20, the matter is adjd for order to 24.11.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: None present.
As Court is busy in dictating order on N/M in Stamp No.5161/20 and dictating judgment in Suit No.1288/16, the matter is adjd for N/M order to 03.12.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None for original plaintiffs.
Adv. Mittal Sawla for applicants/original deft. nos.4, 5 and 7 present. Power of attorney holder of applicants present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.1288/19 stands rejected subject to cost of Rs.5,000/- to be paid to the original plaintiffs within a period of one month.
2. R and P be transmitted to the record room.
Applicants to register disposed of Ch/sum.
Nature Of Disposal: DISMISSED
Disposal Date: 03-12-2020