Date: 26-04-2018
Business: Adv. Bhisepatil for plaintiff present.
Issue writ of summons to the defendants through Registered Post.
Matter adj. for Writ of Summons to 13.08.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv. Ms. Shaikh for plaintiff present and seeks time to file affidavit of service.
D-3 in person present. His advocate absent.
Matter adj. for Affidavit of Service to 03.11.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Adv. Rakesh Agrawal for plaintiff present and filed affidavit of service.
None for defendant.
D-1,D-2, D-3, D-4, D-6(B),D-8 are served with the writ of summons as per the affidavit of service filed by the plaintiff. However they are absent. Hence suit to proceed exparte against D-1,2, 4, D-6(B) and D-8. D-5 in person present and states that she does not want to engage advocate and she is supporting the plaintiff. D-3 in person present and he states that he does not want to engage advocate. D-3 has not filed written statement till today. Hence suit to proceed without written statement of D-3. The report of service against D-6(A), D7 and 9 is awaited. Matter adj. for Affidavit of Service in respect of D-6(A),D-7 and 9 to 08.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Adv. Ms. Shaikh for plaintiff present.
D-6(A) and 7 are present and state that they are supporting the plaintiff and do not want to file written statement. They are at liberty to file written statement within 30 days.
Issue fresh writ of summons to D-9 Society.
Matter adj. for Affidavit of Service to 08.07.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: Plaintiff present and filed joint affidavit of service, t.o.r.
Defendant no.5 present.
Court is busy in dictating Judgment in suit no.6986/06 and hearing NM in suit no.8316/95, hence case is adjourned to 25/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Advocate Shweta Sharma for Plaintiff submitted that she will file draft issues on next date.
None present for Defendants.
Case is adjourned to 21/11/2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Rakesh Agrawal present for plaintiff and filed Draft Issues. T.O.R. None present for defendants.
Case is adjourned to 19/12/2019 for filing draft issues of defendants.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Advocate Mr. Rakesh Agarwal for Plaintiff present
Wife of Defendant no.3 present and submitted that on next date draft issues will be filed by Defendant no.3. it is made clear that, if on next date, draft issues will not by filed by contesting Defendants, court will be compelled to settle issues considering draft issues filed by Plaintiff and pleadings of the case.
Case is adjourned to 22/01/2020 for Draft issues/settlement of issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Advocate Ms. Shweta Sharma for Plaintiff present
None present for Defendants.
It seems that inspite of the fact that contesting Defendants has not filed Written Statement and the suit was proceeded exparte against some of the Defendants, hence the matter is wrongly posted for draft issues. Actually, when there is no Written Statement filed by any of the Defendants no question arises for framing of issues, hence Plaintiff is directed to proceed with the matter of without Written Statement of Defendants.
Plaintiff\''s advocate filed affidavit in lieu of examination in chief and compilation of documents with list, t.o.r.
Case is adjourned to 08/04/2020 for admission and denial of documents by Defendant no.3.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 01.10.2020 for Admission Denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Plaintiff present.
Adv. Rinky Kanojia I/b Adv. Rakesh Agarwal for plaintiff present.
Adv. Shruti Kumbhar for defendant no. 1 to 3 present and undertakes to file v.p on next date.
On oral request of Ld. Adv. for def. no. 1 to 3 adjournment granted.
Adjd to 06.04.2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: None for parties.
Due to Covid-19 pandemic, adjd. to 17.08.2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: At 11.25 am
Adv. Mr. Rakesh Agrawal along with Adv. Rahul Tiwari for plaintiff present.
None for defendant.
Exh-4 Original office copy of the notice dt. 26.12.2019 to produce original document.
Exh-5 Office copy of notice with postal booking receipts.
Adv. for plaintiff has drawn my attention to para No. 3 of plaint stating that original death certificate is with the defendant and notice is issued but copies are not provided to the plaintiff.
The death certificate is a public document the plaintiff can produce the certified copy of death certificate.
Adjd for exparte evidence to 01/10/2021
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. Darpan Jain h/.f Adv. Rakesh Agrawal for plaintiff present.
None for defendant.
Adjd to. 25.11.2021 for R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Rahul Tiwari For plaintiff present and stated that he wants to file chamber summons as plaintiff expired therefore to keep back the suit.
Kb L. O at 1.58 pm
Adv. For plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register Chamber summons.
ORDER below unregistered chamber summons
The chamber summons is filed to take on record legal heirs of deceased plaintiff expired on 01.10.2021. The chamber summons is supported by affidavit of Shraddha Jaysukh Gutka The xerox copy of death is annexed to affidavit. The chamber summons is filed within limitation. The applicant on oath stated that they are the legal heirs of deceased defendant. Hence pass following
order
1. The chamber summons is allowed.
2) Prayer (a) of chamber summons ia made absolute.
3. Applicants to carryout necessary amendments within limitation.
4. Accordingly, Chamber summons is disposed of.
5. Chamber summons be registered for statistical purpose.
Adjd for compliance to 04/02/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
By Preceipe
Adv. Rahul Tiwari for plaintiff present.
Exh.6 Application for taking the matter on today\''s board. TOR. ORDER Allowed.
Registered CS No.1810/21 along with affidavit filed by Adv. For applicant. TOR.
Exh.7 Application for extension of time to carry out amendment. TOR. ORDER Today, is last date to carry out amendment. Adv. For plaintiff stated that plaintiff not present to comply the same. Time extended to comply till 21.12.2021.
Already adjd for compliance to 04/02/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: At 11.30 am
Adv. Rahul Tiwari For plaintiff present and stated that the compliance is done.
Adjd for ex-parte evidence to 05/03/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Rahul Tiwari For plaintiff present and seeks time to file affidavit of evidence.
Adjd for exparte evidence to 21/04/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Dt.21/04/2022
Suit 1007/18
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Plaintiff Witness Meena Jaysukh Gutka present.
Adv. Rahul Tiwari For plaintiff present.
Exh-8 Affidavit of evidence of Meena Jaysukh Gutka filed by adv. For plaintiff. T.O.R. O- Read and recorded in evidence.
Exh-9 List of documents filed by adv. For plaintiff. T.O.R.
Exh-10 Death certificate of deceased Jaysukh Veli Gutka.
Adjd for exparte evidence to 19/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Sauleha Shaikh for plaintiff along with witness Meena Gutka present
Oath is administered to witness Meena Gutka . She stated on Oath that evidence affidavit Exh.8 bears her signature and contents therein are correct. She also proved documents filed with list Exh.3 and they are Exhibited as under -
Exh. 11- Family tree of Venji Ramji Gutka.
Exh. 12- Photo copy of death certificate of Laxmiben Gutka in Gujarati Language.
Exh. 13 - Photo copy of share certificate issued by defendant no. 9.
Exh. 14 - Photo copy of death certificate of Venji.
Exh. 15 - Print out of delivery status of notice
Exh. 16 - Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 12-08-2022 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Darpan Jain a/w Adv. Rakesh Agrawal for plaintiff present.
None for defendants no. 1 to 9.
Heard Adv. Rakesh Agrawal for plaintiff.
Matter is adjd.to 06-09-2022 for Ex parte Judgment .
Next Purpose: JUDGMENT
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Darpan Jain h/f Adv. Rakesh Agrawal for plaintiff present.
None for defendant.
Exh- 17 Judgment
FRSR the following order is passed
ORDER
1. S. C. Suit No. 1007/2018 is decreed.
2. It is hereby declared that the plaintiffs jointly, defendants no.6A and 6B jointly and defendants no.1 to 5, 7 and 8 are entitled to 1/9th share in the suit property consisting of flat having No. 53/1396, MIG Colony, Adarsh Nagar, Samasikshan Mandir Marg, Prabhadevi, Mumbai - 400025 admeasuring about 625 sq.ft. carpet as defined in para 4 of the plaint.
3. The suit property shall be partitioned by metes and bounds and the plaintiffs shall be put in possession of their share of the suit property.
4. Alternatively, the suit property shall be sold by public auction and sale proceeds shall be distributed between the plaintiffs and the defendants in proportion to their shares in the suit property.
5. The Court Commissioner shall be appointed for effecting partition or alternatively for sale of the suit property and distribution of sale proceeds as above.
6. Parties shall bear their own costs.
7. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-09-2022
