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SUIT - SHORT CAUSE CIVIL SUIT

Tushar Khimji ThakkarVsMonte Vista Residence Welfare Association

CNR MHCC01003568202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101214/2020
Registration Date
04 Nov 2020
Next Hearing Date
27 Oct 2026
Case Stage
FOR TAKING STEPS

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 39

    Case History / Proceedings

    Case History
    Date: 10-03-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv. Manasi Tipnis I/b Mhatre and Associates for plaintiff present.
    Adv. for plaintiff filed application to register chamber summons. O- Allowed
    Adv. for plaintiff stated that she has not registered the notice of motion.
    Plaintiff is directed to get register the chamber summons and notice of motion and file it on next date.
    Adjd for compliance to 21/10/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Dt.21/10/2021 Suit 1214/20
    NM 1713/21
    CS 923/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. Neha Pandey h/f adv. Sarogi for plaintiff present.
    Adv. for defendant present.
    Adv. Mansi Tipnis for applicant present and tendered registered NM 1713/2021 T.O.R.
    She also filed registered Ch/S. 923/2021 t.o.r.
    Time is extended to register NM filed by plaintiff.
    Adjd. for NM and CS reply to 8/11/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Ravindra Singh for plaintiff present.
    Applicant No. 7 in person, Ms. Meenakshi Iyer,  in NM No. 1713/21 present.
    Adv. For plaintiff tendered registered Nm No. 2672/21 along with affidavit in support. t.o.r.
    Applicant requested for date after 22.11.2021 as appeal is pending before Honble High court in respect of decision of
    ad-interim order dt. 18.07.2020
    Adjd for NM hearing to 21/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: BY PRECEIPE O-Allowed.
    Adv. For applicant present.
    Adv. For applicant filed copy of order dt. 02.12.2021 of honble High court in appeal from order no. 440 of 2021 with interim application no. 3409/21. t.o.r.
    Already adjd to 21/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: At 3.00 pm
    Adv. Mr.  A. M. Saraogi for plaintiff present.
    Adv. Mr. Sipahimalani for defendant present.
    Adv. For applicant no. 7 present.
    Adv. Virendra U. Pandey filed vakalatnama on behalf of defendants. T.O.R. O- Filed
    Adv. For plaintiff has drawn my attention to order of Honble High court passed in appeal from order No. 440/21 with interim application (St) 23062/2021 with interim application No. 3409/21 dt. 02.12.2021. On perusal of the said order there is direction to hear and decide the notice of motion and chamber summons for impleading appellants in appeal No. 440/2021 within a period of two weeks from the date of receipt of the order. The adv. For applicant filed the order on 14.12.2021 therefore the knowledge of the order is from 14.12.2021 to that adv. For applicant stated that it is from the date of receipt of the order. The knowledge of the order will sufice for compliance and time cannot be stretched for adv. For applicant who is seeking adjournment today on the ground that she would like to get extended the time period for argument. She further stated that pleadings are not completed in notice of motion. The applicant was well aware of the above order it was for the applicant to be ready with the reply today itself. On that ground applicant will not get an opportunity for adjournment as there is strict compliance of the time period and the same will be followed by the court.
    kb. for 10 minutes
    L. O at 3.45 pm
    Application filed by applicant no. 7 that she will get the order for extension of time limit from honble High court in appeal No. 440/2021 hence to adjourn on 22.12.2021. T.O.R.
    Adv. For defendant filed Application for adjournment filed by adv. Virendra Pandey. T.O.R.
    O- Both the applications are for adjournment till tomorrow hence allowed.
    Adv. Sipahimalani for defendant association stated that he is appearing for defendant association and is ready to argue to chamber summons. He further stated that the application is also filed on behalf of defendant association and they may create complications in that respect unless both the sides are heard and pleadings are gone through it will be possible for this court to place any observation.
    Adjd for arguments/ reply if any to 22/12/2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. Sana Khan h/f Adv. Saraogi for plaintiff present.
    Adv. P. D. Gandhy for defendant/applicants present.
    Adv. Sipahimalani for defendant present.
    Though there is vacation on 27.12.2021 however as the notice of motion and chamber summons is to be decided in this month itself with the consent of all the parties the suit is fixed on 27.12.2021 for hearing.
    Adjd for hearing to 27/12/2021
    Next Purpose: HEARING
    Next Hearing Date: 27-12-2021
    
    Date: 27-12-2021
    Business: Adv. A. M. Saraogi for plaintiff present.
    Adv. Mr. Sipahimalani for defendant present.
    Adv. P. D. Gandhy for defendant present.
    Adv. P. D. Gandhy  for defendant filed affidavit of Avinash Rathod, The authorised signatory of defendant on behalf of the defendant in reply to NM No. 2672/21.  Taken on record
    Heard arguments of Adv. Mr. P. D. Gandhy for defendant and Adv. Mr. Saraogi for plaintiff and Adv. Sipahimalani for defendant to the respect of chamber summons No. 923/21
    Exh-1 Plaint.
    Exh-2 Vakalatnama of adv. For plaintiff.
    Exh-3 Memorandum of address of plaintiff.
    Exh-4 List of documents filed by plaintiff.
    Exh-5 List of documents filed by adv. Mr. Sipahimalani for defendants filed on 27.12.2021. t.o.r.
    List of documents filed by Adv. Mr. Sipahimalani for defendants. t.o.r. O- Filed
    Adjd for chamber summons orders to 28/12/2021
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 28-12-2021
    
    Date: 28-12-2021
    Business: Court is on leave
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Adv. Yashvi Panchal h/f Adv. P. D. Gandhy for defendant present.
    Adv. Neha Pandey h/f Adv. Saraogi for plaintiff present.
    Court is busy in hearing arguments in afternoon session hence could not dictate the order.
    Adjd for chs orders to 04/01/2022
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Court is on leave
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Declared at 12.45 pm
    Adv. Pooja narvekar h/f Adv. A. M. Saraogi for plaintiff present.
    Adv. Mr. Sipahimalani for defendant present.
    Adv. Yashvi Panchal h/f Adv. P. D. Gandhy for defendant present.
    FRSR the following order is passed in Chamber Summons No. 923/21
    ORDER
    1. The Chamber Summons is partly allowed.
    2. The applicants are made party to the suit as defendant nos. 2 to 8.
    3. The plaintiff to carry out necessary amendment within limitation.
    4. Accordingly, the Chamber Summons is disposed of.
    Adjd for NM hearing to 10/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Adv. Pooja Narvekar h/f Adv. Saraogi for plaintiff present and stated that they are going to challenge the order passed in chamber summons and requested for date.
    Adv. Indira Labde for applicants present.
    Adjd for NM hearing to 18/01/2022
    L. O at 3.12 pm
    Adv. Mr. Sipahimalani for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Dt.09/02/2022
    Suit 1214/20
    NM 2672/21
    NM 1713/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 11.19 am
    None present.
    KB.
    LO. at 2.20 pm.
    Adv. Tejash Shah for defendant present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for NM hearing to 20-04-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: NOB TOB
    Writ received by Honble High Court bearing inward No. 2373 dt. 24.02.2022. O- Seen
    kept in R and P.
    already adjd to 20/04/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: At 3.30 pm
    Adv. Karan Choudhary for plaintiff present.
    Adjd for compliance to 13/07/2022
    At 4.00 pm
    Applicant in disposed of chamber summons No. 923/21 present and stated that plaintiff has preferred writ petition against order passed in Chamber summons No. 923/21. The applicant stated that plaintiff has not complied the said order.
    None for plaintiff.
    The applicant stated that writ petition is filed against the above chamber summons.
    Applicant stated that the reply to Notice of motion is filed by association and now it is for hearing. The applicants in chamber summons are not yet impleaded and has preferred writ petition. The compliance of chamber summons will be necessary to hear notice of motion.
    Sheristedar at this stage stated that the adv. For plaintiff has already collected the date in the month of July.
    Applicant stated that there is no stay with writ petition and plaintiffs are not following up with writ petition against order passed in chamber summons.
    Sheristedar to take note that without presence of both parties henceforth not to give the date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Indira Labdhe for plaintiff present.
    None for defendant
    Matter is adjd.to 05-09-2022 for NM Hrg in NM No.  2672/21
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: 05-08-2022
    Su. 1214/20
    NM No.  1713/21
    NM No.  2672/21
    CORAM-H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
    (By preceipe)
    None for plaintiff.
    Adv. Minakshi Iyer for defendant  present and filed draft NM with supporting affidavit t.o.r. Leave is granted to register the NM.
    Matter is adjd.to 05-09-2022 for NM Hrg in NM No.  2672/21 and filing registered NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Ms. Meenakshi Iyer, Applicant in NM No. 1713/21 in person present and filed registered Nm No. 3006/22 along with affidavit in support. T.O.R.
    Adv. Sipahimalani for defendant No.1 present.
    None for plaintiff.
    Applicant Meenakshi Iyer is directed to serve copy of NM No. 3006/2022 on both sides.
    Adv. Mr. Sipahimalani for Defendant No. 1 received the copy of NM No. 3006/2022.
    At this stage adv. Karan Choudhary I/b Adv. Saraogi  for plaintiff present and submitted that he has received the copy of NM No. 3006/2022
    Matter is adjd.to 11/10/2022 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Pooja Narvekar for plaintiff present and prayed for adjournment  - allowed
    Adv. Meenakshi Iyer applicant in NM No. 1713/21 and defendant present.
    Matter is adjd.to 18-11-2022 for reply in NM No.  3006/22 by plaintiff as a last chance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv. Karan Chaudhary h/f Adv. Ashok Sarogi  for plaintiff present and filed affidavit in reply in NM No.  3006/22 t.o.r.
    Adv. Sipahimalani for defendant no. 1 filed application for directions to applicant in NM No.  3006/22 t.o.r. marked as Exh.6
    Adv. Sipahimalani for defendant no. 1 present and received copy of affidavit in reply in NM No.  3006/22
     Adv.  Rushabh Sinha for applicant in NM No.  3006/22 present and received copy of affidavit in reply in NM No. 3006/22
    Matter is adjd.to 30-01-2023 for  say on Exh. 6
    Next Purpose: FILING SAY
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Ravindra Singh  for plaintiff present.
    Adv. Yashvi Panchal for defendant present and  filed rejoinder  NM No.  3006/22 t.o.r.
    She also filed reply to Exh. 6 t.o.r. marked as Exh. 6A
    Matter is adjd.to 03-03-2023 for Hrg in NM No.  3006/22 and Exh. 6.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Adv. Karan Chaudhary a/w Adv.  Ravindra Singh for plaintiff present.
    Adv. Sipahimalani for defendant no. 1 present
    Adv. P. D. Gandhy  for applicant in NM No.  3006/22 present.
    Heard both sides.
    Considering position on record, it appears that order in draft NM dtd. 18-07-2020 was challenged in A.O. No. 440/21 which is decided by Hon\''ble High Court as per order dtd. 02-12-2021 with direction to this Court to decide draft NM as well as C/S for impleading the appellants (represented by Adv. P. D. Gandhy) within period of two weeks from the date of receipt of the order. Thereafter, my Ld. Predecessor had allowed C/S No.  923/21 partly as per order dtd. 05-01-2022. Draft NM came to be registered as NM No.  2672/21 and it was expected to be decided by this Court within stipulated period, but it is yet pending.
    Ld. Counsel Shri. P. D. Gandhy submitted that the plaintiff has not carried out the amendment as per order in C/S No. 923/21 in order to prevent his clients from participating in the suit proceeding and opposing NM No.  2672/21.
    On the contrary Ld. Counsel Shri Karan Chaudhary submitted that Civil Writ Petition is preferred against the order in C/S No. 923/21.
    Ld. Counsel Shri P. D. Gandhy submitted that stay order is not passed in the said writ petition and the plaintiff should have carried out the amendment in the plaint.
    Ld. Counsel Shri Sipahimalani draw attention towards all above referred developments in the matter in the course of his submission.
    Considering rival submissions and material on record, the plaintiff has neither carried out the amendment in the plaint nor proceeded ahead by advancing arguments in NM No.  2672/21 . Ld. Counsel Shri Sipahimalani submitted that clients of Adv. P. D. Gandhy have also sought adjournment in the past. Even if part of responsibility for delay in hearing in NM No.  2672/21 is kept aside, the fact remains that directions of Hon\''ble High Court in A.O. No. 440/21 are not complied with. Hence, both sides including proposed defendants no. 2 to 8 as referred in order in C/S No.  923/21 are directed to advance argument in NM No.  2672/21 on the next date of hearing.
    Adv. P. D. Gandhy adopted affidavit in reply filed for the defendant as reply of proposed defendants no. 2 to 8.  It is pertinent to note that Adv. P. D. Gandhy as well as Adv. Sipahimalani are claiming to be representing interest of defendant no. 1 and by assuming so, both of them have filed affidavits in reply in NM No.  2672/21.
    Adv. Sipahimalani  received copy of affidavit in reply in NM No.  2672/21 fom Adv. P. D. Gandhy.
    Matter is adjd.to  17-03-2023 for Hrg in NM No. 2672/21 and Exh. 6. 4.00pm
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv. Shri Karan Choudhary for plaintiff present.
    Adv. Shri Sipahimalani for defendant no.1 present.
    Adv. Shri P.D.Gandhy for applicant in N/m No. 3006/22 and proposed defendant as per order in CS No. 923/2021 present.
    Matter is adjd.to 21-04-2023 for hearig in NM No. 2672/2021 and Exh.6.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Adv. Neha Pandey for plaintiff present.
    None for defendant no.1
    Adv. Shri P.D.Gandhy for applicant in N/m No. 3006/22 and proposed defendant as per order in CS No. 923/2021 present  and filed affidavits of proposed defendants no. 2 to 8  in NM No.  2672/21 t.o.r.
    She also placed on record copies of these affidavits for service upon Adv. Shipahimalani.
    Matter is adjd.to 09-06-2023 for hearig in NM No. 2672/2021 and Exh.6.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: Adv. Sana Khan h/f Saraogi for plaintiff present and seek time for hearing n/m no. 2672 of 2021. Time granted till next date as last chance.
    None for defendant present.
    Matter adjourned for n/m hearing no. 2672 of 2021 and Exh 6 to 14/08/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: P.O. is on leave, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv.  Ravindra Singh for plaintiff present.
    Adv. Shipahimalani For defendant no. 1  present.
    None for defendant no. 2 to 8 present.
    The advocate for defendant no. 1 submitted that he has not received correct copy of compilation of document filed by defendant no. 2 to 8. The defendant no. 2 to 8 is directed to serve copy of compilation of document to other side.
    Matter adjourned to 23/01/2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Adv. Vikas Mishra h/f Adv. A. M. Saraogi for Plaintiff present.
    Adv. Sipahimalani for defendant no.1 present.
    None for Deft no. 2 to 8.
    Matter stands adjourned on 23/02/2024 for Hearing on NM 2672/2021 and Exh.06.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Advocate Vikas Mishra h/f Advocate A. M. Saraogi for Plaintiff absent.
    Advocate Sipahimalani for defendant No.1 absent.
    None for Defendants No. 2 to 8 present.
    Matter stands adjourned on 25.06.2024 for hearing on Notice of Motion No.2672/2021 and Exhibit-06.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None for plaintiff present.
    Adv. R. V. Sipahimalani  for defendant no. 1 present and he submitted that he will file the compilation of the notice of motion and chamber summons on next date to simplify his submission.
    Matter stands adjourned for NM hearing to 31/07/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: None for plaintiff present.
    Adv. Tejas Shah for proposed defendant present.
    None for defendants present.
    It appears that parties are not interested in proceeding with Notice of Motion. Hence, all Notice of Motions are posted for dismissal order.
    Matter stands adjourned on 03/10/2024 for Notice of Motion disposal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-10-2024
    
    Date: 03-10-2024
    Business: Adv. Ravindra Singh h/f Adv. Ashok Saraogi for plaintiff present and submitted that he has no instructions from plaintiff
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Ravindra Singh h/f Adv. Ashok Saraogi for plaintiff present.
    Record reflects that all three Notice of Motion are pending for dismissal order. Respective defendants/ plaintiff/ applicants/intervener in NM 3006/22, NM 2672/21 and NM 1713/21 have not taken any steps for proceeding with hearing of Notice of Motions. Today, all three Notice of Motions are kept for dismissal order. Hence, all three Notice of Motions are dismissed in default and for want of prosecution. Parties to take note. Proceeding of NM 3006/22, NM 2672/21 and NM 1713/21 in Suit No.1214/2020 are closed.
    Matter adjourned for taking steps.
    Matter stands adjourned on 16/11/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 25/02/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: Adv. Neha Pande h/f Adv. Ashok Saraogi for plaintiff present.
    None for defendant present.
    It appears that plaintiff is not interested in proceeding with case. Hence, matter posted for dismissal order.
    Matter stands adjourned on 29/03/2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: Adv. Ashok Saraogi for plaintiff present and filed application for setting aside dismissal caption. Granted. Taken on record and marked as Exhibit-7.
    Adv. Mallani for defendant present.
    Matter stands adjourned on 13/06/2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-06-2025
    
    Date: 13-06-2025
    Business: None for plaintiff present.
    None for defendant present.
    Rest of the board is discharge due to paucity of time and since matter could not be reached and taken out for purpose listed on the board.
    Matter stands adjourned on 11/07/2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-07-2025
    
    Date: 11-07-2025
    Business: None for plaintiff present.
    None for defendant present.
    O-The matter already kept for dismissal for want of steps. It was requested to take back from that caption. Today also none present for plaintiff. The matter posted for dismissal in default for want of steps by plaintiff.
    Matter stands adjourned on 20/09/2025 s for hearing if any/ orders of dismissal.
    Next Purpose: HEARING
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: Adv. Ravindra Singh for plaintiff present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
    None for defendant present.
    Adv. for plaintiff filed application for extension of time to made amendment. O-Other side to say. Taken on record and marked as Exhibit-8.
    Matter stands adjourned on 04/11/2025 for service, reply, and filing registered Notice of Motion/ filing say on Exhibit-8 by defendant.
    Next Purpose: SERVICE
    Next Hearing Date: 04-11-2025
    
    Date: 04-11-2025
    Business: None for plaintiff present.
    None for defendant present.
    Till date registered Notice of Motion is not filed on record by the plaintiff. Hence, draft Notice of Motion is posted for dismissal order. Parties to take note.
    Matter stands adjourned on 20/12/2025 for dismissal of draft Notice of Motion.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: Adv. Ravinra Singh for plaintiff present and submitted registered Notice of Motion No.5269/2025 along with affidavit. Taken on record.
    Adv. R. V. Siprhimalani for defendant No.1 present and filed his say on Notice of Motion No.8569/2025 itself.
    None for other defendant present.
    Adv. for defendant No.1 endorse his No Objection on Notice of Motion No.5269/2025 itself.
    F.R.S.R. following order is passed in Notice of Motion No.5269/2025.
    ORDER
    1.Notice of Motion No.5269/2025 in Suit No.1214/2020 is allowed.
    2.The Notice of Motion No.2672/2021 with the relief granted therein vide order dated 18/07/2020 restored by setting aside order dated 03/10/2024 subject to costs of Rs.2000/- paid by the plaintiff to the defendant on or before the next date without fail in default the right to get the Notice of Motion restore will get forfeited.
    3.Parties to take note.
    4.Proceeding of  Notice of Motion No. 5269/2025 in Suit No.1214/2020 is closed.
    Matter stands adjourned on 13/02/2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20/03/2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-03-2026
    
    Date: 02-03-2026
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 15/06/2026 for compliance as a last chance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2026
    
    Date: 15-06-2026
    Business: None for plaintiff present.
    None for defendant present.
    Inspite of granting last chance, plaintiff failed to pay the cost in view of, order passed Notice of Motion no 5269/25. Hence, his rights to get the Notice of Motion No 2672/21 restored, stands forfeited.
    Roznama shows that matter is pending since long and it was also kept for dismissal on various occasions. Plaintiff is directed to positively to take necessary steps in the  matter. Failing which suit will be dismissed.
    Matter stands adjourned on  10-08-2026 for taking steps.
    Later on at 3.45 PM
    Adv. Sipahimalani for defendant present.
    Learned advocate for defendant is present before the Court and submitted that they have received cost from the plaintiff, in view of order passed in Notice of Motion no 5269 of 25. As the said fact was not brought to my notice in morning session. I have forfeited the right of the plaintiff to get Notice of Motion no 2672/21 restored. However, as compliance is brought to my notice, the said order is recalled and matter is kept for hearing on Notice of Motion no 2672/21 being restored.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2026
    
    Date: 10-08-2026
    Business: Presiding Officer is on Official Training.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103967/2020
    Filing Date: 18-07-2020
    First Hearing Date: 10th March 2021
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

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    No order text is available in this record.

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