Date: 21-03-2018
Business: (By preceipe)
Adv. Pawar for plff. present.
Adv. Vinod Naik for D/1 present.
Adv. for D/2 present and undertake to file V/P on next date.
Ex.2 V/P filed by adv. for D/1. t.o.r.
Adv. for plff. tendered draft N/M alongwith supporting affd. t.o.r.
Leave granted. N/M be registered.
Copy of
Adv. for D/1 submitted that he is residing in the premises take on leave and license basis and Adv. for D/2 submitted that she is residing with her parents.
Adv. for both defts. submitted that they have no intention to enter the suit premises, till filing of reply. Statement is accordingly recorded.
Matter is adjd. to 18.06.2018 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Adv. for plffs. present.
D/2 present.
Adv. for D/2 present.
V/P filed by adv. for D/2. t.o.r.
Adv. for plff. tendered registered N/M No.1756/18 alongwith supporting affd. t.o.r.
Both the parties are related, hence, for amicably settlement, where appear to mediation.
Matter is adjd. to 10.07.2018 for mediation report / reply and hearing on N/M No.1756/18.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-07-2018
Date: 10-07-2018
Business: Plff.no.2 present.
Deft. and his adv. absent.
Mediation report is not received.
Matter is adjd. to 30.07.2018 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Adv. for plffs. present.
Deft. and his adv. absent.
Mediation report is not received.
Matter is adjd. to 20.08.2018 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Adv. for plffs. present.
Defts. and their adv. absent.
Defts. failed to file reply on N/M.
It is informed that mediation has failed.
Matter is adjd. to 12.12.2018 for hearing on N/M No.1756/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: Adv. for plff. present.
Adv. for D/2 present.
kb
L.O. at 5.20 p.m
Same appearance
Adv. for D/1 has filed to reply to N/M No.1756/18
As court time is over, Matter is adjd. to. 08.01.2019 for hearing on N/M No.1756/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: Adv. for plff. present.
Adv. for D/1 present.
Adv. for D/2 present.
On request of Adv. for plff. Matter is adjd. to. 17.01.2019 for hearing on N/M No.1756/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. for plff. present and has filed rejoinder to N/M No.756/18 t.o.r
Adv. fo D/1 present and has filed reply to N/M No.756/18 t.o.r
Matter is adjd. to. 23.01.2019 for hearing on N/M No.756/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: plff. and his adv. absent.
Adv. for D/1 present.
Adv. for D/2 present.
As plffs are absent, Matter is adjd. to. 21.02.2019 for hearing on N/M No.1756/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: As court is busy in administrative work and order matter in Suit No.641/09 and 643/09 and 2896/18 Hence, board is discharged. Matter is adjd. to. 11.04.2019 for hearing on N/M No.1756/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv. for plff. present.
Adv. for D/1 present.
Adv. for D/2 present and has filed reply to N/M No.756/18 t.o.r
Matter is adjd. to. 02.05.2019 for hearing on N/M.
As the plffs. are Sr. citizens, 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: NM FOR HEARING
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Advocate Mr. Prasad Thonse for Plaintiff present
Advocate Ms. Rekha Mehta for Defendant no.2 present
Court is busy in passing order from 2 NMs from suit no.3214/18, hence case is adjourned to 17/06/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Advocate for Plaintiff present
Advocate for Defendant no.1 present
Court is busy in NM hearing in suit no.2639/14, hence case is adjourned to 21/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Advocate Prasad Thonse for Plaintiff present
Advocate Amit Joshi for Defendant no.1 present
Advocate Rekha Mehta for Defendant no.2 present
Heard arguments about NM no.756/18. Plff\''s advocate argued that Defendant nos.1 and 2 after marriage started quarreling and they started disturbing peaceful life of Plaintiffs who are senior citizens. At present Defendant no.2 is residing at her parents house and Defendant no.1 is residing in rented premises obtained on leave and license. Plaintiff\''s advocate argued that if Defendants will enter into suit house owned by Plaintiffs, the peace from the life of Plaintiff will get disturbed and hence, in view of principles laid down in Batra\''s case Notice of Motion is necessary to be made absolute.
Advocate for Defendant no.1 fairly submitted that due to disputes between Defendant nos.1 and 2 Defendant no.1 has filed divorce petition in family court. Defendant no.1 being son of Plaintiff intends that his parents should have peaceful life and therefore Defendant no.1 is residing separately.
Advocate for Defendant no.2 strongly argued that all allegations made in plaint are false. She has referred para no.22 and 28 of the plaint. It is further argued that Plaintiffs and Defendant no.1 are in collusion. Plaintiff no.1 the father in law has carried away the Gas Cylinder from the house referred in para no.22 of the plaint and thereby compelled Defendant no.2 to go to her parents house. It is argued that Plaintiffs and Defendant no.1 are in collusion with each other and even in family court and in this Court Plaintiff no.1 is not allowing Defendant no.1 even to discuss with Defendant no.2 for mutual settlement. Advocate for Defendant no.2 submitted that Defendant no.1 is always under thumbs of Plaintiff no.1 and hence the NM is necessary to be dismissed. Case is adjourned to 31/08/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 31-08-2019
Date: 31-08-2019
Business: Advocate for Plaintiff present
None present for Defendant.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.1756 of 2018 stands disposed off/dismissed.
Case is adjourned to 01/10/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Court is busy in Dictating Judgment in Suit No.3856-99 and 3857-99,hence board is discharged and case is adjourned to 04/12/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Court is busy in hearing and dictating order on NM in suit no.305/88 and court has to record cross-examination in suit no.4883/07, hence case is adjourned to 10/02/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Advocate for Plaintiff present
Advocate Akshita Singh for Defendant no.1 present
Advocate Sayli Belose for Defendant no.2 present
Court is busy in hearing final arguments in HC expedited suit no.6714/06, hence case is adjourned to 16/04/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Business: Adjd.to 26.11.2020 due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/02/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: None present for plff.
Adv Mr. Aniket Tawde present for deft No.1 and submitted that deft No.1 is unable to attend the court today as he is tested Corona positive.
As nobody is present for plff, matter is adjd. for written statement 22.04.2021.
Judge
L.O.
Adv Mr. Prasad Thonse for plff present.
Already adjd. to 22.04.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for both the parties.
Defendants have failed to file their written statements within statutory period prescribed by Order 8 Rule 1 of Civil Procedure Code to proceed without written statements of defendants.
Matter is adjd. for evidence without WS to 18.11.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None present for plff.
Adv Ms. Rekha Mehta for deft No.2 present.
Intern Vallari of Adv Mr. Naik present and submitted that she has appeared for deft. She could not clarify for which deft she appeared.
Order to proceed without WS is passed against the defts on previous date however, it came to the notice that application filed on behalf of deft No.2 by taking the case on board on 05.12.2019 for accepting WS is pending in the matter. Plff has not filed reply on the said application. As nobody is present for the plff today, said application be kept for reply of the plff. In the result, the order passed on previous date to proceed without WS against deft No.2 is called back being passed inadvertently.
Matter is adjd. for reply on application to 02.02.2022.
Next Purpose: REPLY
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Due to covid 19
Next Purpose: REPLY
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Court is on Leave
Next Purpose: REPLY
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv.Prasad Thonse for plaintiff present.
Adv.Sneha Sonawane i/b.Adv.Vinod Naik for defendant No.1 present.
The Ld.Adv.for the plaintiff submits that copy of application dated 05.12.2019 is not received to the plaintiff. The defendant No.2 is absent. He is directed to provide copy of application dated 05.12.2019.
Matter adjd to 20.07.2022 for compliance by deft.No.2 and reply by pltff. on appln.dated 05.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: None present for plaintiff.
Adv.Neha Shaikh h/f.Adv.Rekha Mehta for deft.No.2 present. She requested for time to comply as per the last roznama. Time granted.
Matter adjd to 08.09.2022 for compliance.
Judge
LO at 12.35 pm
Adv.Vinod Naik for deft.No.1 present.
Matter adjd to 08.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv.Prasad Thonse for plaintiff present.
None present for deft.
The deft.No.2 has failed to comply with the order dated 07.06.2022. It was directed to the defendant No.2 to provide copy of application dated 05.12.2019 to the plaintiff. Record shows that it was application for taking case on board as the deft.No.2 wants to file written statement. Record further shows that thereafter, on 28.08.2021 it is noted that defendants have failed to file the written statement within time and therefore, suit shall proceed without written statements of defendants. It is also noticed that thereafter on 18.11.2021 the order of no written statement passed against defendant No.2 is called back and plaintiff was called upon to file say on application dated 05.12.2019. Since, then the defendant No.2 failed to provide copy of said application. Today, also defendant No.2 is absent. The Ld.Adv.for the plaintiff filed handwritten reply on the application dated 05.12.2019.
Plaintiff to file service affidavit of service of suit summons.
Matter adjd to 10.11.2022 for hearing on appln.dated 05.12.2019 and service affidavit of suit summons.
Next Purpose: HEARING
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: None present for plaintiff.
Adv.Naik for deft.No.1 present.
Adv.Rekha Mehta for deft.No.2 present.
KB
LO at 11.45 am
Adv.Naik for deft.No.1 present.
Adv.Rekha Mehta for deft.No.2 present.
Heard the Ld.Adv.for deft.No.2. The plaintiff was directed to file service affidavit so that point of delay can be verified. Plaintiff is absent today. The plaintiff is again directed to file service affidavit.
Matter adj. to 09.01.2023 for order on appln.dated 05.12.2021.
Judge
LO at 01.15 pm
Adv.Prasad Thonse for plaintiff present.
Matter adj. to 09.01.2023 for order on appln.dated 05.12.2021.
Next Purpose: ORDER
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: None present for plaintiff and defendant no.2.
Adv.Priyanka Chavhan i/b.Adv.Vinod Naik for deft.No.1 present.
Plaintiff to comply with the requirement for filing service affidavit. Defendant No.2 to take necessary steps for filing notice of motion for condonation of delay.
Matter adjd to 10.03.2023 for compliance/order on application dated 05.12.2019.
Judge
LO at 11.45 am
Adv.Prakash Thonse for plaintiff present. He filed affidavit of service of suit summons t.o.r. and marked as Exh.4.
Adv.Rekha Mehta for defendant No.2 present.
Matter adjd to 10.03.2023 for compliance/order on application dated 05.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: None present for both sides.
Matter adjd to 06.06.2023 for compliance/order on appln. dated 05.12.2009.
Judge
LO at 01.30 pm
Adv.Akash Sunil h/f.Adv.Prasad Thonse for plaintiff present.
Matter adjd to 06.06.2023 for compliance/order on appln. dated 05.12.2009.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: None for plaintiff
Adv. Priyanka Chavan h/f Adv. Vinod Naik for defendant no. 1 present.
Matter adjd to 28-07-2023 for compliance of deft. no. 2.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv A- S- Kothimbir h/f Adv- Prasad Thonse for plaintiff present-
None for the defendant-
Matter is adjd-to 05-09-2023 for compliance-
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: None for plaintiff.
Adv. Jigna Shah for defendant no. 1 present.
None for defendant no. 2
Since it is notice that the defendant no. 2 on 05-12-2019 had moved an application thereby seeking permission to file her written statement and the said application is accompanied with her written statement, duly verified on 04-11-2019, my Ld. Predecessor had sought plaintiffs say on the said application, the plaintiff by filing their say on the said application on 08-09-2022 opposed the said application and vide order dtd. 09-01-2023 this court had directed the defendant no. 2 to take necessary steps for filing NM seeking condonation of delay in filing her written statement, the defendant no. 2 doesnt appear to have complied with the same. She is also not attending the matter. In this view of the matter the said application dtd. 05-12-2019 seeking permission to file written statement cannot be considered and the same would fail. Said application being not exhibited, the same is marked as Exh.5 . The said application Exh. 5 stands refused and the matter to proceed without written statement of defendant no. 2. Since it is notice that the defendant no. 1 has also not filed his written statement the suit shall proceed without written statement of defendant no. 1 also.
Matter is adjd.to 30-10-2023 for R/E by plaintiff..
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Adv. Suresh Jadhav for plaintiff present.
Adv. Preet Vora for defendant no. 2 present.
Matter is adjd.to 05-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Kothimbire h/f Adv. Prasad Thonse for plaintiff present.
None for defendant.
On the request of the counsel for the plaintiff matter stands adjourned.
Matter is adjourned to 29.01.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Adv. A. S. Kothimbire h/f Adv. Prasad Thonse for plaintiff present.
None for defendant
Matter is adjourned to 26-03-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: Adv. Prasad Thonsefor plaintiff present.
Adv. Shejal Ghadashi for defendant no. 1 present.
The Ld. Counsel for plaintiff would make submission that the parties are likely to settle the matter amicably and hence matter be adjourned. Considering the said submission matter stands canceled as last chance.
Matter is adjourned to 23-04 -2024 for R/E Ph.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 15-06-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: None for plaintiff.
Adv. Sejal Ghadshi for all defendants present.
Defendants counsel submitted that compromise talk is going on between the party and matter is likely to be settled. Taking into consideration this submission as of last chance adjournment is granted.
Matter is adjourned to 23-08-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: plaintiff alongwith Adv. Prasad Thonse is present.
None for defendant.
Later on 12.05 pm.
Plaintiff alongwith Adv. Prasad Thonse is present and filed application for withdrawal. It is taken on record and marked as Exh.08. On behalf of defendant No. 1 Adv. Sidhesh Sutar h/f. Adv. Vinod Naik has given no objection for allowing the withdrawal of suit.
None on behalf of defendant No. 2 is present.
Both the plaintiffs are unconditionally withdrawing the suit against defendants so I do not feel any legal hurdle in allowing the application as prayed. With this, in the result following order is passed.
ORDER
1. The application ( Exh. 08) is allowed as prayed.
2. Suit No. 743 of 2018 is hereby withdrawn cum dismissed for want of prosecution.
3. Court fees be refunded to the plaintiffs if they entitled for the same as per rules.
4. Bill of cost be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-08-2024