Date: 17-07-2018
Business: Plaintiff in person present. His advocate absent.
Issue writ of summons to the defendants.
Matter adj. for Writ of Summons to 20.10.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-10-2018
Date: 20-10-2018
Business: Plaintiff in person present. His advocate absent.
Adv. Jagtap for defendants no.1,3 and 4 present and filed VP on behalf of D-1,3 and 4.
The plaintiff in person states that the defendants are served and seeks time to file affidavit of service.
Matter adj. for Affidavit of Service to 08.02.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Adv. Ms. Hemlata Kadam for plaintiff present.
Adv. Jagtap for D-1 and 2 present and states that he is not available in second session.
The written statement is not filed by D-1 and 2 despite grant of time 18.9.2018. Since 90 days have expired, suit to proceed without written statement.
kept back in second session. Later on in second session.
Plaintiff in person present and filed affidavit of service. None for defendant.
Matter adj. for Exparte Evidence to 25.04.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Plaintiff present. His advocate absent.
None present for Defendants.
Plaintiff submitted that Plaintiff\''s advocate is expired on 11/04/2019 and time will be required for Plaintiff to appoint new advocate on behalf of Plaintiff. Considering submissions adjourned
Case is adjourned to 09/08/2019 for appointing new advocate by Plaintiff/evidence without Written Statement.
L.O. at 12.40 p.m.
Advocate Mr. Sameer Jagtap for Defendant no.1,3 and 4 present and filed draft Notice of Motion with affidavit in support of Notice of Motion for setting aside no Written Statement order passed against Defendant nos.1,3 and 4. Leave to register Notice of Motion is granted. Defendant no.1,3 and 4 are directed to serve copy of draft NM on Plaintiff or Plaintiff\''s advocate.
Case is already adjourned to 09/08/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Advocate Saroj Jadahv for Plaintiff present and submitted that previous lawyer of Plaintiff is no more and she has filed vakalatnama of advocate Mr. S. C. Gokhale for Plaintiff, t.o.r.
Advocate Mr. Sameer Jagtap for Defendants present and submitted that copy of notice of motion taken out by Defendant will be served upon Plaintiff\''s advocate Mr. Gokhale.
Case is adjourned to 18/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 09-08-2019
Business: Advocate Saroj Jadahv for Plaintiff present and submitted that previous lawyer of Plaintiff is no more and she has filed vakalatnama of advocate Mr. S. C. Gokhale for Plaintiff, t.o.r.
Advocate Mr. Sameer Jagtap for Defendants present and submitted that copy of notice of motion taken out by Defendant will be served upon Plaintiff\''s advocate Mr. Gokhale.
Case is adjourned to 18/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate Saroj Jadhav for Plaintiff present
Advocate Sameer Jagtap for Defendant no.1 present and sought extension of time to register NM. Time extended till next date. Defendant no.1 advocate served copy of NM upon Plaintiffs advocate.
Case is adjourned to 20/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Advocate Ms. Saroj Jadhav for Plaintiff present and filed reply to Notice of Motion no.4643/19, t.o.r. Copy served to Defendant no.1.
Defendant no.1 filed registered Notice of Motion no.4643/2019 with affidavit in support, t.o.r.
Plaintiff is directed to verify that whether registered Notice of Motion no.2689/18 is tendered to the Court or not and to file it if not filed in the Court.
Case is adjourned to 20/02/2020 for hearing of Notice of Motion no.4643/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Advocate Saroj Jadhav for Plaintiff present.
Advocate Jagtap for Defendants present.
Heard arguments of both sides.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.4643 of 2019 is made absolute and no Written Statement order passed against Defendants stands set a sided subject to cost of Rs.1,280/- to be paid to Plaintiff. Written Statement of Defendants will be accepted after they will pay cost amount to Plaintiff.
Case is adjourned to 29/04/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 03/08/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Business: Adjd. to 24.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: None present for Plaintiff.
None present for defendant.
Due to Covid-19, it seems that parties not turned to the court, hence adjourned to 17/12/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None present for both the parties.
K.B.
L.O. at 3.10 pm.
None present for both the parties when called again.
Deft has failed to comply with order dt.20.02.2020 hence, matter be kept for order as nobody is present for plff also.
Matter is adjd. for order to 10.06.2021.
Next Purpose: ORDER
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 30.06.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Plaintiff in-person present.
None present for defendant.
Due to rise in Covid cases, Adjd to 15.07.2021 for order against defendant for non compliance of order dated 20.02.2020.
Next Purpose: ORDER
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 03.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Plaintiff in person present.
None present for defendant.
The defendant has not filed any document to satisfy the compliance of order dt.20/2/2020. Hence adjd. to 26/8/2021 for order against the defendant.
Next Purpose: ORDER
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Plaintiff in person present.
None present for defendant.
KB
LO at 01.27 pm
Adv.Sujit Nikam present and filed vakalatnama, Exh.3 on behalf of plaintiff t.o.r.
Adv. of defendant filed draft chamber summons a/w. affidavit in support of draft chamber summons. O-Leave granted to register draft chamber summons. The plaintiff is allowed to serve the respondents by post.
Matter adjd to 05.10.2021 for service affidavit of chamber summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Sujeet Nikam present for plaintiff.
None present for defendant.
The plaintiff submit that the report of the Notice of chamber summons is awaiting.
The plaintiff field registered Chamber Summons No.1094/2021 along with affidavit. t.o.r.
Matter adjd to 18/10/2021 for service affidavit of Ch/s.
L.O. at 1.30 p.m.
Adv. Priyanka Mane h/f Jagtap & Co. for plaintiff present. She filed handwritten reply on Ch/s.
Matter is already adjd to 18.10.2020 for service affidavit of Ch/s. It be also kept for order on CH/S No.1095/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As on 18-10-2021 holiday declared.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv.Sujit Nikam for plaintiff present.
Adv.Sameer Jagtap i/b.Jagtap and Jagtap for defendant present.
The Ld.adv.for the plaintiff submits that report of notice of some of the respondents in respect of chamber summons is awaiting. The Ld. adv. for the plaintiff further submits that the plaintiff has not receive copy of written statement of defendant No.1, 3 and 4. The Ld.Adv.for defendant No.1, 3 and 4 undertake to serve copy of written statement of defendant No.1, 3 and 4 to the plaintiff.
The Exh.A to chamber summons No.1094/2021 shows that cost in terms of order dated 22.02.2020 in NM No.4643/2019 has been paid by the defendant No.1, 3 and 4. The plaintiff also acknowledge the same. Hence, written statement filed by defendant No.1, 3 and 4 which is already on record is taken on record and marked as Exh.4.
Matter adjd to 27.11.2021 for service affidavit of chamber summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv.Sujit Nikam for plaintiff present.
None present for defendant. Defendant No.1 to comply with the undertaking given on the last date in respect of furnishing copy of written statement to the plaintiff.
On oral request adjourned for filing service affidavit in chamber summons on 17.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for plaintiff.
Adv.Prathamesh Divekar h/f.Adv.Jagtap for defendant No.1, 3 and 4 present.
The defendant No.1, 3 and 4 in compliance to the order in last roznama filed true copy of written statement for furnishing the same to the plaintiff.
Plaintiff to file service affidavit in chamber summons. In default, chamber summons to proceed for further order.
Matter adjd to 12.01.2022 for service affidavit in chs.by the pltff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022 matter adjd to 08.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present.
None present for defendant. In view of SOP dated 6.1.2022, matter adjd to 08/03/2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv.Sujit Nikam for plaintiff present.
None present for defendant.
The plaintiff tendered service affidavit in chamber summons a/w. acknowledgment cards and postal receipts t.o.r. and marked as Exh.4 (colly.)
The plaintiff to file copy of postal booking receipt in respect of postal report dated 08.12.2021 attached to Exh.4.
The plaintiff received copy of written statement filed by defendant No.1, 3 and 4.
Matter adjd to 07.04.2022 for service affidavit in respect of respondent No.4-Nirali Shah.
Judge
LO at 12.15 pm,
Adv.Priyanka Mane h/f.Adv.Jagtap for defendant present.
Matter adjd to 07.04.2022 for service affidavit in respect of respondent No.4-Nirali Shah.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv.S.S.Nikam for plaintiff present.
None present for defendant.
Plaintiff submits that report is awaiting, hence, adjd for filing service affidavit.
Matter adjd to 13.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv Sujit Nikam present for plaintiff.
Adv Salunkhe h/f Adv Jagtap present for defendant Nos.1 and 2.
Adv of plff seeks time for filing service affidavit
Matter adjd to 13.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv Devisingh Deora for plff present.
Adv Reshma Salunkhe for deft Nos.1 and 2 present.
Adv for plff submitted that RPAD acknowledgement of suit summons awaiting and hence time be granted for filing service affidavit.
Matter is adjd. for service affidavit to 05.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Sujith Suresh h/f Adv Sujit Nikam Present for Plff.
Adv. Sameer Jagtap Present for Proposed deft no.1.
As per service affidavit Ex.04 along with RPAD cards proposed deft no.3(a), 3(b),3(c) and 3(e) are served with CS.
Adj. For service affidavit of CS 1094/21 regarding deft no.3(d) and VP on behalf of deft no. 3(a,b,c,e) on 29/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Shreekrishna Khairnar h/f Sujit Nikam Present for Plff.
None Present for Deft.
Adv of plff seeks time for service affidavit. Granted.
Adj. For Service affidavit of CS 1094/21 on 16/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: None Present for Plff.
Adv. Reshma Salunkhe Present for proposed Deft no.1 (A,B,C,E).
Adj. For Service affidavit of CS 1094/21 regarding proposed deft no.3 (D) and VP on behalf of deft no.3(A,B,C,E) on 04/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Sujit Nikam Present for Plff.
None Present for Deft.
Ex.05 Adv of plff has filed service affidavit regarding CS 1095/21.
Adj. For Steps in respect of CS 1094/21 regarding proposed deft no.3 (D) and VP on behalf of deft no.3(A,B,C,E) on 09/11/2022.
LO 12.50.
Adv. Reshma Salukhe Present for Deft.
Ex.06 – VP filed by Adv. Reshama Salukhe I/b Jagtap and Jagtap For deft no.3(B,C)
Adj. For Steps in respect of CS 1095/21 regarding proposed deft no.1 (A,D) and VP on behalf of deft no.1(A,E) on 09/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv.Sameer Jagtap I/b Jagtap & Jagpab for defendant is present.
KB.. L.O at 01.46 p.m.
Exh. 7 : Adv. Reshma Salunke I/b Jagtap and Jagtap filed Vakalatnama on behalf of proposed defendant nos. 3A, 3B and 3E. O- Filed.
Advocate of proposed defendant has orally given no objection.
Plaintiff has filed this Ch/S for bringing legal representative of deceased defendant no. 3 who died on dt. 26/06/2020. Present Ch/S filed on dt.26.08.2021. According to the advocate of plaintiff the advocate of defendant has intimated about the death of defendant no. 3 through letter dt. 25.07.2021 which is annexed with this Ch/S. Thus, it seems that from the date of knowledge the application is within limitation. Proposed defendant have not disputed that the right to sue survives. Thus in the fact and circumstances the Legal Representatives of deceased no. 3 allowed to be taken on record as per schedule annexed with this Ch/S and also amendment in para in plaint. Plaintiff shall carry out the amendment within 14 days and shall file amended copy of the plaint and also serve the said copy a/w suit summons to defendant nos. 3A to 3E. Thus Ch/S No. 1094/2021 has allowed as above.
Adj to 21/11/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Amay Shivalkar h/f Adv. Sujit Nikam Present for Plff.
Adv. Priyanka Mane I/b Jagtap and Jagtap Associates Present for Deft.
Ex.08- Adv of plff has filed application for extension of time to carrying out amendment. Time extended till next date as a last chance.
Adj. For Compliance on 06/12/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Adv. Amey Shivalkar for plaintiff present.
None present for defendant.
Exh.09 - Application for extension of order dt.09.11.2022. O-Time extended till next date.Adjd for compliance on 11.01.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Sujit Nikam Present for Plff.
Adv. Reshma Salunkhe h/f Adv. Jagtap and Jagtap Advocates Present for Deft no. 3(a to e).
adv of plff seeks time to file copy of amended plaint. Granted as a last chance.
Adj. For Amended copy of plaint on 03/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Sujit Nikam Present for Plff.
Adv. Reshma Salunkhe h/f Adv. Jagtap Present for Deft.
Exh.1/1- Adv of plff has filed amended plaint. Copy of amended plaint served to the adv of defts
Adj. For Consequential amendment WS on 03/03/2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Sujit Nikam for plaintiff is present.
Adv. Reshma Salunkhe for defendants no. 1 and 2 is present.
Adv.of defendant seeks time for filing consequential amended WS. Granted as last chance.
Case adjd for consequential amended WS to 29.03.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: None Present for Plff.
Adv. Reshma Salunkhe I/b Jagtap and Jagtap Present for Deft no.1,2,3(a to e) and 4.
Exh.4/1- adv of deft no.3(a to e) has filed consequential amended WS. Copy be served to otherside.
Adj. For Statement of truth and address memo by deft on 19/04/2023.
Next Purpose: FOR___________________
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None Present for Plff.
Adv. Reshma Salunkhe I/b Jagtap and Jagtap advocates Present for Defts.
Adv of deft seeks time for filing statement of truth and address memo. Granted.
Adj. For Statement of truth and address memo of deft on 20/06/2023.
LO 12.30
Adv. Shreekrishna Khairnar h/f Adv. Sujit Nikam Present for Plff.
Adj. For Statement of truth and address memo of deft on 20/06/2023.
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Rushikesh Bandekar h/f Adv. sujit Nikam present for plff.
Adv. Sameer Jagtap present for deft.
Exh.10- Address memo filed by adv for deft. t.o.r.
Exh.11- Adv of deft has filed statement of truth. t.o.r.
Adj. For Inspection of documents on 07/08/2023.
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv Sujit Nikam for plaintiff is present.
Adv. Vaishnavi Rastogi i/b Jagtap and Jagtab Advocates for def. is present.
Both the parties prayed for time for taking inspection of documents.
O- Time granted as last chance to both the sides.
Matter is adj for inspection to 06/09/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Sujit Nikam for plaintiff is present.
Adv. Sameer Jagtap for def. is present.
Matter is adj for admission and denials by both the parties to 09/10/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: None present for parties.
O- Both the parties have not filed their respective affidavits of admission and denials. Therefore, matter to proceed without their affidavits.
Matter is adj for CMH to 22/11/2023.
L.O at 12.30 p.m.
Adv. S.S. Nikam for plaintiff is present.
None present for def.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Nikam for plaintiff is present.
Adv. Sameer Jagtap for def. is present.
Heard both sides on CMH. Ld adv of plff submitted that as his client i.e. PW–1 is going to United States for his surgery therefore matter may kindly be kept in last week of February or in the first week of March.
Case Management Hearing/ Schedule.
On or before
Business.
07.03.2024
List of witness a/w Affidavit of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
14.03.2024 to 08.05.2024
Evidence of witnesses of plff. ( Chief and Cross examination)
08.05.2024 to 08.07.2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 08.07.2024.
Final Arguments after submission of Written notes of arguments.
Matter is adj for affidavits of witnesses of both the parties to
to 07.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv. Amey Shivalkar h/f Adv. Sujit Nikam for plaintiff is present and requested to KB the matter for withdrawal.
None present for defendant.
KB.. Later on at 12.45 p.m.
Plaintiff, defendant nos. 1 and 1(a)(b) and (c) are present.
Adv. Amay Shivalkar h/f Adv. Sujit Nikam for plaintiff is present
Adv. Sameer Jagtap for defendant is present.
Exh.12 colly – Application for withdrawal of suit alongwith copies of ID proofs of the plaintiff.
Exh. 13 – Joint Consent Terms.
Exh. 14 colly. - Pursis (alongwith 3 photocopies of Power of Attorneys) 281filed by ld. Adv of defendant stating that the original Power of Attorneys granted by defendant nos. 1(a), 1(d) and 1(e) who are the mother and two sisters respectively of defendant no. 1(b) and 1(c), are filed in Commercial Suit No. 525 of 2021 which is on today’s board at sr. no.10 and which is also being withdrawn by the plaintiff.
ORDER : The contents of Joint consent terms are verified from the parties who are identified by their respective advocates.
ORDER BELOW EXH. 12
Application is allowed. In view of out of Court amicable settlement between the parties, the plaintiff is permitted to withdraw his suit.
Order below Exh.1
1. Both parties have settled the matter out of the Court.
2. Consent decree be drawn up according to Exh. 13.
3. Court fees be refunded as per rules.
4. Suit disposed off as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 07-03-2024