Dineshkumar Thakorlal KapadiaVsHasumati Thakorlal Kapadia +2 more

Date: 22-06-2018
Business: Adv. Punjabi for plaintiff present and tendered original notice of motion no.1857/2018 alongwith affidavit.
Adv. Kapil Shah for D-1 and 2 present and filed application under section 9A  of CPC.
He filed reply in NM No. 1875/2018 of D-1 and D-2 separately.
Written statement of D-1
Written statement of D-2.
All copies are served to other side.
Plaintiff is granted last chance to serve D-3 failing which the suit   shall be dismissed by next date.
Date extended for writ of summons.
Matter adj. for Compliance and NM Hearing to 03.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Adv. Punjabi for plaintiff present and tendered original writ of summons and affidavit of service.
Adv. Kalankar for D-3 present and filed VP on behalf of D-3.
Adv. Kapil Shah for D-1 and 2 present.
D-1 and 2 filed an application  Exh.4 for under section 9A of CPC to frame preliminary issue on the point of limitation and maintainability of suit.
In view of deletion of section 9A of CPC, the preliminary issues raised shall be considered while framing issues in the suit. Hence application  Exh.4 is disposed of.
Four weeks time is granted as a last chance to D-3 to file written statement.
Since D-1 is a Senior Citizen, matter adj. for Compliance to 28.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Adv. Punjabi for plaintiff present.
Adv. Kalankar for D-3 present
Ld. Counsel for plaintiff filed rejoinder in NM No. 1857/18. Copy served to other side.
Ld. Counsel for defendant no.3 filed reply in NM 1857/2018 and filed written statement on behalf of D-3. Copy served to other side.
Matter adj. for NM Hearing to 03.11.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2018

Date: 03-11-2018
Business: Adv. Punjabi for plaintiff present.
Adv. Kapil Shah for defendant present and seeks time to file sur-rejoinder. Time granted. Copy of sur-rejoinder be served  two weeks in advance to the other side.
Defendant no.1 is 90 years old. Hence matter adj. for  Sir-rejoinder to 07.12.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Business: Plaintiff in person present and states that daughter of advocate for plaintiff is  hospitalized. Hence time granted for hearing in NM.
Adv. Shah for D-1 and 2 present and filed affidavit of rejoinder in NM no.1875/2018. He also filed affidavit of rejoinder to reply/ written statement of D-3. Copies of the same served to other side just now.
Dr. Talankar for D-3 present.
Matter adj. for NM Hearing to 18.12.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Adv. Punjabi for plaintiff present.
Adv. Talankar for D-3 present.
Adv. Jay Wariya for D-1 and 2 present and filed adjournment application on the ground that the Senior Advocate is not well. He also makes a request that short date may be given since the D-1 is 92 years old. It is necessary to note that matter was listed on 3.11.2018 when the advocate for defendant had taken time to file sur-rejoinder. On 7.12.2018, the advocate for plaintiff was absent. Today, the arguing advocate for D-1 and 2 is absent. On one hand, the Ld. counsel appearing for D- 1 and 2 is seeking adjournment and on other hand, he is also seeking early hearing in the notice of motion.  This Court is ready to hear the notice of motion today, but Ld. counsel for D-1 and 2 is seeking time. This Court has fixed 20 and 30 year old matters in January 2019. Hence matter is adj. for NM Hearing to 21.02.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Adv. Punjabi for plaintiff present.
Adv. Shah with Adv. Wariya for D-1 and 2 present.
Dr. Talankar for D-3 present.
Heard both sides in NM no. 1857/2018. This notice of motion is filed by the plaintiff seeking temporary injunction to restrain the defendants from creating third party interest in the suit property. Ld. Counsel for plaintiff submits that if the statement made on 2.4.2018 is continued till the disposal of the suit, he is not pressing for the other prayers in the notice of motion. On 2.4.2018, D-1 and 2 have made a statement that they have no intention to create third party interest in the suit premises. There is no dispute that the suit property is in locked condition and both parties have keys for entering the suit premises. Ld. Counsel for defendants no.1 and 2 submits that his clients are ready to continue with the statement made on 2.4.2018 on the condition that the suit is expedited. Since the D-1 is 90 years old, the suit is expedited. Hence notice of motion no. 1857/2018 is disposed of terms of statement made by D-1 and 2 on 2.4.2018. The Ld. counsel for the parties inform that there have been talks of settlement between the parties and both parties are ready to go for mediation to explore if it can be settled. Hence the matter is referred for mediation.
Matter adj. for Mediation Report / Framing Issues on 04.03.2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: None for plaintiff.
None for defendant.
Await mediation report.
Matter adj. for  Mediation Report to 15.04.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Matter received from CR No.3.
Advocate Ms. Namita Shirke for Plaintiff present and submitted that mediation is not successful.
None present for Defendant.
Report of mediation not received.
Case is adjourned to 15/07/2019 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Advocate Mr. Ravi S. Punjabi for Plaintiff present
Advocate Mr. Jay Varia for Defendant present
Court is busy in dictating Judgment in suit no.6986/2006, hence case is adjourned to 16/10/2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Court is busy in recording of evidence in suit no.922/17 and other matters, hence case is adjourned to 07/12/2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Advocate Mr. Jitendra P. for Plaintiff present
Advocate for Defendant no.1 and 2 present
Court is busy in recording evidence in suit no.9287/99 and court has to dictate order on NM in suit no.9376/95 and Judgment in suit no.8136/86, hence case is adjourned to 13/01/2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Advocate Mr. Hiten Parival for Plaintiff present
Advocate Mr. Kapil Shah for Defendant no.1 and 2 present and submitted that mediation is failed. Issue letter to Co-ordinator of mediation for calling report about failure of mediation.  Meanwhile, parties are directed to file draft issues on next date.
Case is adjourned to 20/02/2020 for draft issues.
L.O.
Advocate Ms. Nilam Erande for Defendant no.3 present
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Advocate Jitendra Palival h/f Adv. Ravi Punjabi for Plaintiff present
Advocate Madhvi Kulkarni h/f Adv. Talankar for Defendant no.1 and 2 present
Both learned advocates submitted that on next date they will file draft issues.
Case is adjourned to 11/06/2020 for draft issues.
L.O.
Advocate Jay Waria for Defendant no.1 and 2 present and submitted that mediation report is awaited.  Issue reminder to co-ordinator mediation for calling report of mediation.
Case is already adjourned to 11/06/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/08/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 19/12/2020 for NM hearing.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None present for Plaintiffs.
Advocate Mr. Vatsal Parmar for Defendant no.1 and 2 present and submitted that on next date Defendants will file draft issues.
It seems that due to Corona pandemic, no one is present for plaintiff, hence case is adjourned to 03/03/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: None present for plff.
Adv Mr. Vatsal Parmar deft Nos.1 and 2 present and filed pursis Exh.10 that deft No.1 expired on 17.04.2021. O- Seen. Plff to note.
Adjd. for steps to 30.04.2021.
Judge
L.O.
Adv Ms. Ayodhya Patki for plff present and endorsed as noted on pursis Exh.10.
Already adjd. to 30.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: None present for plff.
Adv Ms.Nidhi Jha h/f M.K. Juris Assoc. for deft Nos.1 and 2 present and submitted that pursis about causing death of deft No.1 is already filed on 03.03.2021.
As nobody is present for the plff, considering present pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till next date.
Matter is adjd. for steps to 23.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None present for both the parties.
Plaintiff has not taken steps till date for bringing on record HLRs of defendant No.1 who is reported to have died on 17/04/2021 hence, matter be kept for order on next date.
Matter is adjd. for order to 10.12.2021.
Judge
LO
Adv. Vijay Dighe for plaintiff present and seeks adjournment.
Adv. Kapil Shah for defendant No.2 present.
Already adjourned for order to 10.12.2021.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Mr. Ravi Panjabi present for plff. and filed draft Ch/s along with affidavit in support for deleting the name of deft No.1 as said deft No.1 has expired. O- Leave to register is granted with direction to serve the  other defts.
Adv Ms. Kabra present for deft.No.2.
Adv Ms. Nilam Erande for deft No.3.
Adv for the plff filed draft NM along with affidavit in support for temporary injunction and other reliefs against deft Nos.2 and 3.              O- Leave to register is granted with direction to serve deft Nos.2 and 3.
Copies served on the advocates for deft Nos.2 and 3.
Adv for deft Nos.2 and  3 seek time to file reply.
By consent, matter is adjd. for NM reply to 02.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: None present for plff.
Adv. Smt. Nidhi Zha for deft. No.2 present and filed affidavit in reply of defendant No.2 in Chamber Summons No.1873 of 2021.She also filed reply of defendant No.2 in Notice of Motion No.3274 of 2021.
As nobody is present for the plaintiff considering the present pandemic condition and SOP issued by the Hon’ble High Court, matter adjourned for hearing in Chamber Summons and Notice of Motion to 23/03/2022.
Judge
LO at 3.05 p.m.
plaintiff present in person with adv.Saurabh Patil h/f. Adv. Punjabi for plaintiff and tendered registered Notice of Motion No.3274 of 2021 alongwith affidavit in support. He also tendered registered Chamber Summons No.1873 of 2021 alongwith affidavit in support. He submitetd that defendant No.2 has not supplied copies of reply filed to NM and CS. Defendant No.2 is directed to supply copies to the plaintiff.
Already adjourned to 23/03/2022.
Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv Raj Shah h/f Adv Ravi Punjabi present for plff.  and seeks adjournment by submitting that copies of reply filed on previous date are given to him today itself.
Deft No.2 present. Adv Nidhi Jha for deft No.2 present.
Adv Bharti Mishra present for deft.No.3.
By consent, matter is adjd. for Ch/s and NM hearing to 18.06.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Court on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Plaintiff present.
Adv.Ravi Punjabi for plaintiff present.
Adv.Kapil Shah for deft.No.1 and 2 present.
Heard both the sides in Chamber Summons No.1873/2021.
ORDER ON CHAMBER SUMMONS NO.1873/2021
This chamber summons is taken out by the plaintiff requesting for permission to delete name of defendant No.1 as she has died. The defendant No.2 has opposed this chamber summons on the ground of delay. Read the copy of death certificate attached with the affidavit in support of chamber summons. The defendant No.1 Smt.Hasumati Kapadia has expired on 17.01.2021. This chamber summons has been filed in the month of December 2021. The legal heirs of deceased are already on record. The plaintiff is not taking any legal heirs on record, therefore, question of limitation will not arise. Moreover, the Hon\''ble Supreme Court in suo-motu writ petition No.03/2020 issued directions to exclude the limitation from 20.03.2020 to 28.02.2022. Therefore, there is no delay. Considering the nature of relief sought in the chamber summons, the amendment is technical one, hence, it is required to be allowed. In the result, I pass the following order.
ORDER
1.Chamber Summons No.1873/2021 is allowed.
2.The plaintiff is allowed to carry out the amendment as to deletion of name of defendant No.1 in the plaint and notice of motion. Consequential amendment only to the extent of deletion of defendant No.1 is allowed. For any other material consequential amendment as to addition or deletion of pleadings in the plaint or motion, the plaintiff is at liberty to file separate chamber summons.
3. Amendment shall be carried out within stipulated time.
4. Costs of this chamber summons shall follow the event.
5. Chamber Summons is disposed of accordingly.
Matter adjd to 20.09.2022 for compliance and service affidavit of amended plaint and amended NM.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv.Saurabh Patil for plaintiff present.
Adv.Bhavya Shah h/f.Adv.Kapil Shah for deft.No.2 present.
Adv.Nilam Arande for deft.No.3 present.
Plaintiff orally requested extension of time to carry out the amendment allowed vide order dated 16.07.2022. O-Time to carry out the amended is extended by 14 days.
Matter adjd to 25.11.2022 for compliance and service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2022

Date: 20-09-2022
Business: Adv.Saurabh Patil for plaintiff present.
Adv.Bhavya Shah h/f.Adv.Kapil Shah for deft.No.2 present.
Adv.Nilam Arande for deft.No.3 present.
Plaintiff orally requested extension of time to carry out the amendment allowed vide order dated 16.07.2022. O-Time to carry out the amended is extended by 14 days.
Matter adjd to 25.11.2022 for compliance and service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Defendant No.2 present.
Adv.Priyanka Lanke h/f.Adv.Punjabi for plaintiff present.
Adv.Bhavya Shah h/f.Adv.Kapil Shah for deft.No.2 present.
Adv.for the pltff. furnished amended copy of plaint and NM 3274/21 to the advocate for deft.No.2.
None present for deft.No.3. The plaintiff to serve the amended copy of plaint and motion on deft.No.3.
Matter adj. to 13.02.2023 for  additional reply/additional written statement if any and service affidavit of amended plaint on deft.3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv.Gargi Warunjikar i/b.Adv.Ravi Punjabi for plaintiff present.
Adv.Pushpam Mishra for deft.No.1 and 2 present.
Adv.Nilam Erande h/f.Adv.D.R. Tarankar for deft.No.3 present.
The Adv.for deft.No.1 and 2 submits that defendant No.1 has expired.
Adv.for deft.No.3 submits that defendant No.3 is not willing to file any additional reply or any additional written statement.
Adv.for plaintiff filed affidavit of service t.o.r. and marked as Exh.11
Matter adjd to 20.03.2023 for steps in respect of deceased deft.No.1/hearing of NM.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2023

Date: 13-02-2023
Business: Adv.Gargi Warunjikar i/b.Adv.Ravi Punjabi for plaintiff present.
Adv.Pushpam Mishra for deft.No.1 and 2 present.
Adv.Nilam Erande h/f.Adv.D.R. Tarankar for deft.No.3 present.
The Adv.for deft.No.1 and 2 submits that defendant No.1 has expired.
Adv.for deft.No.3 submits that defendant No.3 is not willing to file any additional reply or any additional written statement.
Adv.for plaintiff filed affidavit of service t.o.r. and marked as Exh.11
Matter adjd to 20.03.2023 for steps in respect of deceased deft.No.1/hearing of NM.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Adv.Vijay Dubey h/f.Adv.Ravi Punjabi for plaintiff present.
Adv.Nidhi Jha i/b.M.K. Juris Associates for defendant present.
Adv. for plaintiff submits that steps are already taken in respect of deceased defendant No.1. Record shows that Ch/s.No.1873/21 is already allowed, hence, suit is removed from the caption of steps. Adv.for the pltf. requested for an adjournment for hearing of NM.
Matter adjd to 09.06.2023 for NM hearing.
Judge
LO at 03.10 pm
Adv.D.R. Talankar for defendant No.3 present
Matter adjd to 09.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Ravi Panjabi  for plaintiff present.
Adv. Kapil Shah for defendant no. 2 present.
None for defendant no. 3.
During the course of submissions, Mr. Panjabi Adv. for the plaintiff would contend that the defendant no. 2 has breached the statement made by him before this Court on 21-02-2019 and he has changed the lock put on the suit property and thus the plaintiff is denied  access there to. On the other hand Mr. Shah the Ld. Counsel of deft. no. 2 would contend that the defendant no. 2 has not changed the lock of the suit property and the plaintiff has access thereto by opening that lock. He would further contend that if at all the defendant no. 2 has changed the lock, he will furnish a key to the plaintiff so as to have access to the suit property.  The said statement made by Mr. Shah for defendant no. 2 is accepted. The plaintiff therefore, may have access to the suit property by opening the said lock put on the suit property. The NM stands disposed of in the above terms. If the defendant no. 2 has changed the lock he shall furnish its key to the plaintiff by 12th of June 2023.
Matter is adjd.to  14-07-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Plaintiff inperson present.
Adv. Kalpesh Shah for defendant no. 2 present.
Matter is adjd.to 31-08-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: None for plaintiff.
Adv. Neelam Erande for defendant no. 3 present.
From the perusal of roznama dtd. 09-06-2023 it is appearant that the NM No. 3274/21 has been disposed of but the same still remain pending in CIS. Hence, the said NM be removed from the CIS since it is already disposed of.
Matter is adjd.to 19-10-2023 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: None for plaintiff.
Adv. Nidhi Zha for defendant no.2 present.
Matter is adjourned to 11-01-2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Priyanka Lanke for plaintiff present.
Adv. Chetana Dharod for defendant no. 2 present.
Adv. Talankar  for defendant no. 3 present.
Matter is adjourned to 27-02-2024 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 10-04-2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: None for plaintiff present.
None for defendant present.
KB for framing issues.
Later on
Issues framed at Exh. 10.
Later on at 05.20 pm.
Adv. Karan Singh Bhadoria h/f Adv. Rami S. Panjabi present for plaintiff.
Matter is adjourned to 27.06.2024 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to  25-07-2024 for R/E.
LO PM
Adv.   Chetna Dharod for defendant no. 2  present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Adv. Ravi Punjabi for plaintiff present and filed adjournment application It is taken on record and marked as Exh. 11. O- Considering the reason adjournment is granted.
None for defendant
Matter is adjourned to   11-10-2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: None for plaintiff.
Adv. Priyanshikha Shah for defendant no.1 and 2 present and filed application for framing additional issues. It is taken on record and marked as Exh.12.
O- Other side to say.
Adv. Neelam Erande for defendant no.3 present.
Matter is adjourned to 04.12.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Adv Ravi Panjabi for plaintiff present and filed application for seeking adjournment. It is taken on record and marked as Exh.13.
O- In view of reasons mentioned in the application adjournment is granted.
Adv. Priyanshikha Shah for defendant no.2 present.
Matter is adjourned to 28.03.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2025

Date: 28-03-2025
Business: Court is on leave for training at Uttan.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: Adv. Vipul Raut for plaintiff present and tendered adjournment application for seeking time. It is taken on record and marked as Exh. 14.
Adv. Priyanshika Shah for defendant No. 2 present.
Matter is adjourned to 05-08-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Ravi Punjabi for plaintiff present.
Adv. Priyanshika Shah for defendant No. 2 present.
Matter is adjourned to 06.11.2025 for filing say on Exh.12 from the side of plaintiff and recording evidence at 02.45pm.
                                                                                        Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Ravi Punjabi alongwith plaintiff present and filed affidavit of  examination-in-chief alongwith list of documents both are tor and marked as Exh.15 and 16 respectively. Copy of the same furnished to other side.
He also filed reply on Exh.12. It is tor and marked as Exh.17. Copy of the same furnished to other side.
Adv. Priyanshika Shah for defendant no. 2 present.
Matter is adjourned to 12.01.2026 for hearing on documents and order on Exh.12 (Framing additional issues).
                                                                                        Judge
Next Purpose: HEARING
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
None for plaintiff.
None for defendant.
Kept Back.
Later on at 12.00 pm
Adv. Ravi Punjabi for plaintiff present.
None for defendant.
Matter is adjourned to 18.02.2026 for hearing on documents and hearing on Exh.12(Framing of additional issues).
Next Purpose: HEARING
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
Adv. Vatsal Parmar for defendant no. 2 present.
Kept Back.
Later on at 12.15 pm
Adv. Aditya Mahamiya for plaintiff present.
Adv. Vatsal Parmar for defendant no. 2 present.
Adv. D. R. Talankar for defendant no. 3 present.
Order below Exh.12.
1. This is an application filed by defendant no. 2 (by wrongly mentioning as defendant no. 1) for framing additional issues. It is the contention of defendant no. 2 that he had filed an application under section 9A of CPC vide Exh.4 for framing preliminary issue of limitation. But in view of deletion of provision of section 9A Exh.4 was came to be disposed of by order dated 28/09/2018. It is further contended that this court has framed the issues vide Exh.10. on 10/04/2024, but while framing the issues the issue of limitation raised by defendant no. 2 is not framed and therefore, it is prayed by defendant no. 2 that additional issue regarding the limitation needs to be framed.
2. The application is strongly opposed by plaintiff vide reply at Exh.17. It is the contention of plaintiff that defendant no. 2 with an intention to prolong the matter has filed the present application belatedly. It is further contended that after framing the issues plaintiff has filed examination-in-chief alongwith the documents and the matter was posted for hearing on documents. It is the contention of plaintiff that   the defendant with an intention to prolong the matter has filed the present application which is devoid of substance and prayed to reject the same.
3. Heard both the sides. Perused record. By the present application, defendant no.2 wants the issue of limitation raised by him to be framed. It is matter of record that defendant no. 2 earlier had filed an application for framing preliminary issue of limitation under Section 9A of CPC. My Ld. Predecessor vide order dated 28/09/2018 had observed that as the provision of section 9A of CPC being deleted the objection regarding framing of preliminary issue shall be considered while framing the issues in the suit. I had gone through the issues framed vide Exh.10 on 10/04/2024. While framing the issues the issue regarding limitation has not been framed. It is settled position of law that the issue of limitation can be raised at any stage of the proceeding, which goes to the root of the case. Further, framing of issue of limitation will not going to cause any prejudice to the plaintiff. Therefore, in the interest of justice i am of the considered opinion that the application filed by defendant no. 2 for framing the additional issues (Exh.12) needs to be allowed. Hence, i pass the following order:
ORDER
1. Application Exh.12 is allowed.
2. Additional issue in respect of limitation is framed as issue no. 2A.
3. The plaintiff is at liberty to file additional examination-in-chief if any in view of framing of additional issue.
Matter is adjourned to 06.04.2026 for additional affidavit and hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
Adv. Nirali Bhanushali for defendant no. 2 present and filed admission denial on behalf of defendant no. 2. It is taken on record and marked as Exh.18. O- Seen.
The defendant no. 2 has admitted documents at Sr. No. 11, 12, 14, 15 and 17. Hence they are marked as Exhibits.
Sr. No.
Description of document
Exhibits
11.
Original cancelled Passport of Plaintiff (Book) (Page No.23)
Exh.19
12.
Original cancelled passport of plaintiffs wife Mrs. Dinaben (book) (Page No.24)
Exh.20
14.
Original Aadhaar Card of Plaintiff. (Page No.26)
Exh.21
15.
Original Aadhaar Card of Plaintiffs wife (Page No.27)
Exh.22
The documents which are not admitted. The plaintiff has to prove the same.
Matter is adjourned to 24.06.2026 for further evidence of plaintiff.
Later on at 11.30 am
Adv. Kshema Mahuli h/f Adv. Ravi Punjabi for plaintiff present.
Matter is adjourned to 24.06.2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Dhwani Vora i/b Adv. Ravi Punjabi for plaintiff present.
Adv. Nirali Bhanushali i/b MK Juris Associates for defendant No. 2 present.
Advocate for plaintiff submitted that her senior is not available and requested for adjournment.
Witness absent.
Matter is adjourned to 14.07.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: P.O. IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Dhwani Vora i/b Adv. Ravi Punjabi for plaintiff present and filed adjournment application. It is taken on record and marked as Exh.23. O- Other side to say.
Adv. Nirali Bhanushali i/b M K Juris Associates for defendant No. 2 present.
Adv. Neelan Erande for defendant No. 3 present.
Witness absent.
Advocate for plaintiff is seeking long date as the plaintiff is recovering from back injury.
Order below Exh.23
Defendants have given No objection on the adjournment application. Hence the application is allowed.
Matter is adjourned to 16.11.2026 for Further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2026

CHAMBER SUMMONS/101873/2021
NOTICE OF MOTION/103274/2021

Registration Number: 101351/2018
Transfer Date: 15-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101351/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 103948/2018
Filing Date: 14-03-2018
First Hearing Date: 22nd June 2018
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE