Mr.Hemant Shankar Patil +2 moreVsSmt. Pushpalata Hareshwar Desai +5 more

Date: 23-04-2018
Business: Adv. Bhansal for plaintiff present and filed draft notice of motion alongwith affidavit.
Leave granted to register draft notice of motion.
None for defendant.
Time extended for writ of summons.
Matter adj. for NM Reply and Writ of Summons to 16.08.2018.
Next Purpose: REPLY
Next Hearing Date: 16-08-2018

Date: 16-08-2018
Business: Adv. Saraf for plaintiff present and tendered original notice of motion no. 1736/2018 alongwith affidavit.
Adv. Khedekar for D-4 to 6 present and filed VP  on behalf of D-4 to 6. He seeks time to file reply in the notice of motion.
Time extended to issue fresh writ of summons to D-1 to 3
Matter adj. for Writ of Summons and NM Reply to 26.10.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-10-2018

Date: 26-10-2018
Business: Adv. Saraf with Adv. Bhansal for plaintiff present and seeks further time for writ of summons.
Adv. Khedekar for D-4 to 7 present.
Time extended as a last chance for writ of summons by registered post.
Matter adj. for Writ of Summons to 26.03.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: None for plaintiff.
Adv. Sourabh Raykar for D-1 to 3 present and filed VP on behalf of D-1 to 3.
Matter adj. for NM Hearing to 30.07.2019.
Later on at 3.25 pm.
Adv. Ms. Gala for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv. Bansal for plaintiff present.
Adv. Railkar for defendant no. 1 to 3 present.
Adv. Rushi Bhat for Defendant no. 4 to 6 present.
By consent, Matter stands Adj for NM hearing to 19.09.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Adv.Gala for plaintiff present.
Adv. Saurabh Railkar for defendant no. 1 to 3 present and filed WS along with special power of attorney.
Adv. Samir Khedekar for defendant no. 4 to 6 present.
Heard both sides.
From the record it is not clear when the writ of summons served on defendant no. 1 to 3. Hence, WS is taken on record subject to verification. Ld. counsel for defendant no. 1 to 3 to verify the date of service of writ of summons and if there is any delay, necessary steps be taken for condonation of delay. Copy of WS is served on the plaintiff and other defendants.
Matter stands Adj for taking steps/order on WS of defendant no. 1 to 3 to 18.10.19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adv. Rohan Bansal for plaintiff present.
Adv. Pawar for defendant no. 4 and 6 present.
Settelement talks are going on .
Court is busy in dictating Judgment in suit no. 747/15.
Matter stands Adj for taking steps to 05.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Not on board Taken on board
Perused the record.
The suit is at pre-trial stage. I find that there is an element of compromise and the possibility of compromise can be ascertained by issuing notice to the parties. Hence, matter is referred to Lok Adalat for settlement before Lok Adalat on 14.12.19. Issue notice to both the parties.
Matter already adj for taking steps to 05.12.19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Bansal for plaintiff present.
Adv. Kishore for defendant no. 4 to 6 present.
Adv. Railkar for defendant no. 1 to 3  present.
Heard both side. It is informed that parties are trying for settlement but, the defendant no. 2 and 3 are staying abroad.
Matter stands Adj for taking steps to 30.01.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Court is busy in dictating Judgment in Commercial suit no. 49/20 and 23/20. Hence, board is discharged.
Matter stands Adj for taking steps to 12.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
Matter stands Adj for taking steps to 09.06.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present.
The matter is adjourned to 09.02.2021  for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: None present.
KB
LO at 05.00pm
None present.
The case is adjourned to 19.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: None for Plaintiff.
Advocate C.K.Mhatre h/f adv. Khedekar for defendants 4 and 6 present.
The case is adjourned to  30.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Matter called out at 3.47 p.m.
Adv. Dimple Bela h/f B. G. Saraf for plaintiff present.
Adv. Sameer Khedekar for Deft. No.4 to 6 present.
Both the sides informed that consent terms are being exchanged.
Hence, matter stands adjourned to 23.11.2021 for consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: CONSENT TERM
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Matter called out at 11.10 a.m.
None present.
Kept back.
Later on at 5.13 p.m.
None present.
Matter stands adjourned to 17.02.2022 for consent term.
Next Purpose: CONSENT TERM
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Matter called out at 11.46 a.m.
None present.
kept back.
Later on at 2.54 p.m.
None present for plaintiff.
On 04.10.2021, parties informed that they have exchanged consent terms but till date nobody appeared. Hence, by way of last chance matter stands adjourned to 06.04.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Matter called out at 2.58 p.m.
Adv. Sameer Khedekar for Deft. no.4 to 6 present.
None present for plaintiff and Deft. no.1 to 3.
Matter stands adjourned to 06.07.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present for plaintiff.
Adv. Sameer Khedekar for Deft. no.4 to 6 present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 07.09.2022 for appearance of plaintiff.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Bailiff report received. TOR. Exh.04.
Plaintiff no.1 in person present.  He appeared on issuance of notice by this court. He is directed to pay Rs.200/- as notice charges to Sheriff office.
He informed that Deft. no.1 Pushpalata Desai expired on 31.08.2022. He is seeking time to take steps. Time granted.
Adv. Sameer Khedekar for Deft. no.4 to 6 present.
Matter stands adjourned to 22.11.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Jagruti Vemula for Deft. no.4 to 6 present.
None present for plaintiff.
Matter stands adjourned to 06.02.2023 for steps/order against Deft.
no.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None present for plaintiff.
Adv. Sameer Khedekar for defendant Nos.4 to 6 present.
Plaintiff absent. Hence, put up for NM dismissal.
Matter stands adjourned on 12.07.2023 for NM dismissal.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Adv Samiksha Gopale for Plaintiff present and seeking time. Time granted as last chance.
Adv Devansh Karandikar for defendant no. 5 present.
Matter stands adjourned on 29-09-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None for Plaintiff present.
Adv. Singh for defendant No.1 present.
Matter stands adjourned on 23.11.2023 for NM dismissal.
Later on at 3.28 p.m.
Adv. Bhalchandra Saraf for plaintiff present.
Matter stands adjourned on 23.11.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Advocate Samiksha Ghogre h/f Advocate Saraf present for Plaintiff and tendered Draft Ch/s. along with affidavit in support. Taken On Record. O- Leave granted to register the Draft Ch/s. Copy of ch/s handed over to party for registration. Copy served on defendant no. 4 to 6.
Advocate Rishi Bhatt present for Defendant nos. 4 to 6.
Matter stands adjourned on  08-02-2024 for Ch/s service/reply.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Advocate Saraf for Plaintiff present.
Advocate Sharmishtha Patil  for defendants no 4 to 6 present.
Matter stands adjourned on 13-03-2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: None present.
Later on at 4.10 p.m.
Adv. Sailesh Dubey for plaintiff present and filed registered Ch/s
No.2238/23. Taken On Record.
Adv. Devashri Karandikar for defendant no. 1 to 3 present and filed
reply on Ch/s.
Adv. Sameer Khedekar for defendant  no. 4 to 6 present  and filed
reply on Ch/s. .
Order below Chamber Summons NO. 2238 of 2023
Perused Ch/s and Say. The present Ch/s has taken out by the plaintiff for deletion of name of the defendant no.1 as she expired on 31.08.2022. The legal heirs of the defendant no. 1 are already on record. Therefore, seeking permission delete the name of defendant no. 1 and renumbered the defendant no. 2 to 6 as defendant no. 1 to 5.
He is also seeking permission to carry out necessary amendment in Plaint, as per Exh. B.  The defendant has not objected the Ch/s. Already the legal heirs of the defendant no. 1 are parties to this suit. Hence, Chamber Summons needs to be allowed. Considering the submission made before me, I proceed to pass following order
ORDER
1. Chamber Summons No. 2238 of 2023 is hereby allowed.
2. The plaintiff is permitted to delete the name of defendant no. 1. and renumbered the defendant no. 2 to 6 as per Exh. B.
3. The plaintiff is directed to carry out necessary amendment as per  Exh. B within 14 days.
4. No order as to costs.
5. Chamber Summons No. 2238 of 2023 is accordingly disposed off.
Matter stands adjourned on 28-03-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv. Shailesh Dubey along with Mangesh Saraf h/f Adv. B. G. Saraf for Plaintiff present.
None for defendant present.
Adv. for plaintiff filed application for extension of 2 weeks time to carry out the amendment. t.o.r. marked as Exh 5.   O - Allowed as prayed.
Matter stands adjourned on 16-08-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: P.O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Adv. Shailesh Dubey for Plaintiff present and filed application for extension of time to carry out the amendment within two weeks. t.o.r. and marked as Exh.6  O - Granted.
Adv. Devashri Karandikar  for defendant no. 1 to 3 present.
Matter stands adjourned on 20-12-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: P.O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Shailesh Dubey for Plaintiff present and served copy of amended plaint upon defendant Nos. 1 to 3.
Adv. Devashri Karandikar  i/b Saurabh M. Railkar for defendant Nos. 1 to 3 present.
It appears from the conduct of the plaintiff that there is no urgency in respect of the reliefs claimed in the NM. Hence, the NM is tagged with suit.
Matter stands adjourned on 02-05-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate Shailesh Dueby  for Plaintiff present.
Advocate Devashree Karandekar for defendant Nos. 1 to 3 present and seeking time to file reply to NM. O -Time granted.
Advocate Sameer Khedekar for defendant Nos. 4 to 6 present.
Matter stands adjourned on 23-07-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate  Devashri G. Karandikar i/b Advocate Saurabh M. Railkar for defendant No.1 present and filed Vakalatnama at Exh.7.
In view of order dtd. 27.02.2025 Notice of Motion No. 1736/2018 stands disposed of for statistical purpose.
Matter stands adjourned to 24-12-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-12-2025

Date: 24-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned for steps to 17-06-2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2026

Date: 17-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Mayuri for defendant Nos. 4 to 6 present.
Matter stands adjourned for steps to 11-08-2026.
Later on at 12.15 PM. Advocate Shailesh Dubey for plaintiff present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: P.O. is on Training. Matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
None for plaintiff and defendant present.
The absence of plaintiff and non effective conduct reflect the loss of interest in the litigation. The plaintiff is directed to prosecute the suit positively, otherwise necessary orders will be passed.
Matter is adjourned for taking steps to 22.10.2026.
                                                                                            Judge
Later on, at about 12.07 p.m.,
Advocate Saurabh M. Railkar for defendant Nos.1 to 3 present.
Matter is already adjourned for taking steps to 22.10.2026.
                                                                                            Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2026

CHAMBER SUMMONS/102238/2023
NOTICE OF MOTION/101736/2018

Registration Number: 100934/2018
Transfer Date: 01-07-2026
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 21 - COURT 21  ADDL SESSIONS JUDGE

Filing Number: 103967/2018
Filing Date: 15-03-2018
First Hearing Date: 23rd April 2018
Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE