Date: 01-10-2020
Business: Adv. Mr. Rahul Kedar a/w Adv. Mr. K. G. Chavan for plaintiff present
Adv. Ms. Sunita Mourya for defendant no. 3 present
Adv. for plaintiff tendered original N/M no. 1370/20 alongwith affidavit. TOR.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adv. for defendant no. 3 tendered Vakalatnama TOR and marked as Exh. 05.
Heard Advocate for plaintiff
Order on Ad-interim relief
Perused notice of motion, contents of plaint, documents annexed thereto and heard Ld. Adv. for plaintiff. Ld. Advocate for the plaintiff has submitted that he is not pressing for ad-interim relief in terms of prayer clauses (a) and (b) at this stage. By way of prayer clause (c) the plaintiff has requested the Court to direct defendants no.1, 2, 9 and 10 to declare on oath and produce such deeds, documents, records, writings or any other relevant document mentioned in the present suit allegedly executed pertaining to the suit flat. Defendants no. 1, 9 and 10 have information about today\''s date. They have not turned up. The prayer clause (c) is for production of documents, upon oath, under Oder XI Rule 14 of the Code of Civil Procedure, 1908. No prejudice will be caused to the defendants if the prayer (c) is granted. If the defendants produce the documents in their possession relating to the matter in question in this suit, that will assist the Court in deciding the controversy and arrived at proper conclusion. Moreover, it will curtail the delay also. Therefore, prayer clause (c) is granted. The defendants no.1, 2, 9 and 10 are directed to produce all the relevant documents in this suit which are in their possession on next date. the defendant shall also file reply to the Notice of Motion on next date failing which further orders will be passed and Notice of Motion will be heard in their absence/ without their reply.
Authenticated copy of Roznama be served to both sides.
Adjd to 19.10.2020 for N/M Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Adv. Rahul Kedare I/b Adv. Chavan for plaintiff present.
Adv. Sumita Maurya for defendant no. 3 present.
Def. no. 1 present and requests for time to file reply. Hence, adjourned subject to condition that the def. no. 1 shall supply copy of the reply to the plaintiff 7 days in advance before next date.
Adjd to 23.11.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: The P.O. is on leave. Hence matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Kedar I/b Adv. K. G. Chavan for plaintiff present.
Adv. for defendant no. 1 and 2 present and filed vakalatnama TOR and marked at Exh. 6
She has also tendered separate affidavits in reply to NM No. 1370/20 of defs. no. 1 and 2. Copies served to other side.
Adv. for plaintiff has tendered separate rejoinders to reply of def. no. 1 and 2
Adv. for def. no. 1 and 2 waives service of writ of summons.
Heard arguments of Adv. Kedar for plaintiff on NM No. 1370/20.
On oral request of Ld. Adv. for def. no. 1 and 2 matter is adjourned.
Adjd to 10.12.2020 for NM arguments of advocate for def.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv. Mr.Chavan for plff present and tendered written notes of arguments and compilation of judgment. Copy served to other side.
Adv. Ms.I Gomes for defts no. 1 and 2 present and tendered application for adjournment. It is t.o.r. and marked as Exh. 7
Order - Granted as last chance.
Adv. Ms. Sunita More for deft no. 3 present and tendered pursis t.o.r. and marked as Exh. 8 to treat reply to N/M No. 1370/2020 as written statement. Therefore, the said reply is treated as W/S of defendant no. 3 t.o.r and marked as Exh. 9.
Heard Ld. advocate for defendant no.3
Adjd to 14.12.2020 for NM arguments of defendant no.1 and 2 .
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. P. G. Chavan with Adv. Rahul Kedar for plaintiff present.
Adv. for Pereira for defendant no. 1 and 2 present.
Heard arguments of both sides on NM No. 1370/20.
Adjd to 16.12.2020 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Mr. P.G. Chavan for plff. present.
Defendant present.
F.R.S.R. following order on N/M No.1370/2020 is passed
1. The Notice of Motion no. 1370 of 2020 is dismissed.
2. Costs in cause.
Adjd to 01.03.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Chavan for plaintiff present.
Adv. Pereira for defendant no. 1 and 2 present and filed pursis to treat NM reply as w.s. TOR and marked at Exh. 10.
Written statement of def. no. 1 and 2 is marked at Exh. 11.
Adjd to 08.04.2021 for service upon other defendants.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
Adjd. to 29.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Adv. K.G. Khan for plff present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd to.18.08.2021 for. service.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. K. G. Chavan for plaintiff present.
Adjd for service to 12/10/2021
Next Purpose: SERVICE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. K. G. Chavan for plaintiff present.
Sheristedar to verify and report whether defendant No. 3 to 10 are served or not.
Kb till afternoon session.
L. O at 3.00 pm
Sheristedar has noted in small chit without his signature as shown to the court stating that defendant No. 3 filed WS on 10.12.2020 about defendant No. 5 to 8 service complied is written but details whether it is served by RPAD/ bailiff is not stated.
For deft No. 9 and 10 as bailiff report what is the bailiff report is not stated.
The concerned sheristedar not given the report as stated above till 5.30 pm
Adjd for report to 22/12/2021
Next Purpose: REPORT
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. K. G. Chavan For plaintiff present.
The earlier sheristedar did not report about compliance in roznama dt. 12.10.2021
The present Sheristedar to verify the service of the defendants/written statement filed by defendant so as to pass necessary orders.
Adjd for report of sheristedar/order/framing issues to 01/02/2022
Next Purpose: REPORT
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present.
KB
LO.
Adv. K. G. Chavan for plaintiff present and stated that in respect of service of writ of summons of defendant no.4 only envelop is filed. The affidavit of service is not filed.
Adv. For plaintiff stated that he will the file affidavit of service.
KB.
LO.
Adv. For plaintiff filed affidavit of service of defendant no.4.TOR.
Adjd issues to 02-03-2022.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. K. G. Chavan for plaintiff present.
Adjd for framing issues to 01/04/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Dt.01/04/2022
Suit 1118/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
None present.
Adjd for framing issues to 17/06/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. K. G. Chavan for plaintiff present.
None for defendant.
Matter is adjd.to 25-07-2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. K. G. Chavan for plaintiff present.
None for defendants no. 1 to 10
Matter is adjd.to 03-09-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: Holiday declared vide office order no. 178 of 2022 dt. 25.08.2022. Hence board stands discharged.
Matter is adjd to 26/11/2022 for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: Earlier, 4th Saturday in November, 2022 i.e. 26-11-2022 was declared as working Saturday as per office order No. 178/22 dtd. 25-08-2022. Subsequently, schedule is changed and 2nd Saturday in December, 2022 i.e. 10-12-2022 is declared as working Saturday instead of 26-11-2022 as per office order No. 229/22 dtd. 31-10-2022.
Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv. K. G. Chavan for plaintiff present.
Defendant no. 3 in person present.
None for other defendants
Issues framed - Exh. 12
Matter is adjd.to 18-02-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: None for plaintiff
None for defendants no. 1 to 10.
Matter is adjd.to 05-04-2023 for Evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Adv. K. G. Chavan for plaintiff present.
None for defendants no. 1 to 10
Matter is adjd.to 04-05-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Adv. K. G. Chavan for plaintiff present and filed evidence affidavit of PW - 1 Piadade John Pereira t.o.r. marked as Exh. 13
He also filed list of documents t.o.r. marked as Exh.14
Adv. V.E. Pereira for defendants no. 1and 2 present and received copies of Exh. 13 and Exh. 14.
None for defendant no. 3 to 10
Matter is adjd.to 03-07-2023 for evidence of PW - 1 Piadade John Pereira on Exh. 13
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Adv. K. G. Chavan for plaintiff present.
Adv. V. E. Parera for defendant no. 1 and 2 present and tendered say on Exh. 14. TOR. Copy of reply given to other side.
Defendant no. 3 in person present.
Matter adjourned for hearing and evidence of PW - 1 Piadade John Pereira on Exh. 13 to 05/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Devendra Rathe h/f Chavan for plaintiff present and seek adjournment due to non presence of advocate on record. O-Adjournment granted.
Adv. V. E. Parera for defendant no. 1 and 2 present.
Defendant no. 1 present.
Matter adjourned for R/E to 21/11/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Adv. K. G. Chavan for plaintiff present.
Defendant in person present.
K.B.
L.O.
Advocate Mr. Pareira for defendant present.
Advocate for plaintiff seek adjournment for hearing on compilation of documents. O-Adjournment granted.
Matter adjourned to 12.12.2023 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Adv. K. G. Chavan for plaintiff present and filed application for directing defendant to produce original Ration Card. TOR, and marked as Exh. 15. O-other side to say.
Adv. Poonam Tiwari for defendant no. 1 and 2 present.
Matter adjourned for reply/hearing on Exh. 15 and hearing on compilation of document to 17/01/2024.
Next Purpose: REPLY
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Adv. K. G. Chavan for plaintiff present.
Adv. Poonam Tiwari h/f Parera for defendant no. 1 and 2 present and filed reply on Exh. 15. TOR.
Matter adjourned to 31/01/2024 for order on Exh. 15 and hearing on compilation of document.
Next Purpose: ORDER
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Adv. K.G.Chauhan for plaintiff present.
Adv. B.Parera for defendant No.1 present.
Defendant no.1 in person present.
FRSR following order passed on Exh. 15:-
- ORDER -
Application (Exh.15) stands rejected. However, plaintiff is entitled for apply of duplicate copy of ration card as he is having entire details of it.
Matter adjourned for admission and denial to 06.03.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: Adv. K. G. Chavan For plaintiff present.
Plaintiff present.
Adv. B. Parera For defendant no. 1 present.
Defendant no. 1 in person present.
Matter adjourned to 08/04/2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Adv. K. G. Chavan For plaintiff present.
Adv. Poonam Tiwari h/f V. E. Pereira For defendant present.
Matter adjourned for admission denial to 22/04/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Adv. Chavan for plaintiff present.
Adv. Parera for defendant no. 1 present.
Matter adjourned to 06/05/2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: P. O. is on leave, matter adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: P.O. is on leave, matter is adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Advocate for plaintiff present.
Adv. Veneet E. Pareira for defendant no. 1 and 2 present.
With consent matter adjourned for argument on compilation of document to 26/11/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: Adv. for plaintiff present.
Adv. for defendant no. 1 present. kept back at 12.00.
Later on at 12.05 PM.
Advocate for plaintiff present and seek time for hearing on compilation of document. Time granted till next date.
Next date is fixed at the request of advocate for plaintiff.
Matter adjourned to 04/12/2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: P. O. is on leave, matter adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: None for plaintiff present.
Adv. V. Parera for defendant no. 1 present and submits that his reply be treated as argument.
Later on..
Adv. for plaintiff present and he submit that contents of affidavit of evidence be considered.
Order on Exhibit-14..
Documents at Sr. no. 3 to 7 at Exhibit-14 of which original copies are filed along with list Exhibit-18, hence documents those documents are marked with Exhibit- 19 to 23.
Documents at Sr. no. 8 is copy of letter sent by PW-1 namely Piadade, documents at Sr. no. 10 to 12, 16 are copies of letter sent by advocate on behalf of PW-1, documents at Sr. no. 13 is reply from Police station received by PW-1. Hence those documents are marked with Exhibit-24 to 29.
Documents at Sr. no. 14 is copy of order of Honble High Court, hence marked with Exhibit-30. However the plaintiff has not filed true copy of document at Sr. no. 1. Similarly the evidence of PW-1 is not sufficient to mark document at Sr. no. 17 to read in evidence. Hence not marked.
Therefore the plaintiff is directed to file true copy of document at Sr. no. 1 or any other equivalent document showing existence of suit property.
Matter adjourned for compliance to 24/02/2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: Adv. for plaintiff present and filed application at exhibit-31 with list Exhibit-32 to produce the documents. O- Production is allowed. And defendant to file reply on Exhibit-31.
PW-1 present.
None for defendant present.
Ld. advocate for the plaintiff seeks earlier date. Considering his submission both parties are directed to file list of witnesses on next date. And defendant is granted time to file reply on Exhibit-31 and cross examine PW-1 till next date.
Matter adjourned for reply on Exhibit-31 and R/E to 17/03/2025.
Later on..
Adv. V. E. Pereira for defendant no. 1 present.
Next Purpose: REPLY
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Adv. K. G. Chavan for plaintiff present.
Adv. Vineet E. Pareira for defendant no. 1 present.
Advocate for the plaintiff filed list of witnesses at Exhibit-33. Taken on record.
Matter adjourned for reply to 04/08/2025.
Next Purpose: REPLY
Next Hearing Date: 04-08-2025
Date: 04-08-2025
Business: Adv. K. G. Chavan for plaintiff present.
PW-1 present.
Adv. Vineet E. Pareira for defendant no. 1 present and seeks time to file reply on Exhibit-31. Time granted till next date.
Matter adjourned reply on Exhibit-31 and cross of examination of PW-1 to 06/10/2025.
Next Purpose: REPLY
Next Hearing Date: 06-10-2025
Date: 06-10-2025
Business: Adv. K. G. Chavan for plaintiff present.
PW-1 present.
Defendant and advocate absent. Keep back..
Later on..
Adv. K. G. Chavan for plaintiff present.
PW-1 Piadade John Pereira present.
Adv. Pareira for defendant no. 1 and 2 present.
Cross-Examination of PW-1 by advocate. Pareira for defendant no. 1 and 2 partly recorded.
Matter adjourned for R/E P. H. to 20/11/2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Plaintiff present.
Adv. Vincent E. Perene for defendant no. 1 and 2 a/w deft. no. 1 present.
kb LO
Adv. K. G. Chavan for plaintiff present.
Defendant seeks time to cross examination of plaintiff. Hence, adjourned.
Matter is adjd. for RE Ph. to 18-02-2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Chavan present for plaintiff.
Plaintiff is present.
Adv. Pereira present for defendant no.1 and 2.
Defendant no.3 in person present.
PW-1 is present.
KB
Exh-34 list of documents.
Exh-35 Death Certificate of mother.
Exh-36 Death Certificate of father.
Further Cross-Examination of PW-1 by Adv. Pareira for defendant no. 1 and 2 is recorded partly.
Adv. Chavan for plaintiff is directed to submit Exh-34 list of documents on or before next date.
Matter is adjd. for Exh-34 not submitted by Adv. for plaintiff/further cross-examination of plaintiff/RE Ph. to 22.04.2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-04-2026
Date: 22-04-2026
Business: CORAM : H.H.J. SHRI A. A. LAULKAR (C.R.NO.66)
Adv. K. G. Chavan present for plaintiff and filed list of documents which is already placed below Exh-34.
Plaintiff is present.
Adv. Pereira present for defendant no.1 and 2 and seeks time for further cross-examination. O- Granted strictly as a last chance.
None present for defendant no.3.
Matter is adjd. for Cross-examination of plaintiff/RE Ph. to 01.07.2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-07-2026
Date: 01-07-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. K. G. Chavan alongwith plaintiff present.
Adv. V. E. Pereira for Defendant no. 1 and 2 present.
Defendant no. 1 and 3 present.
PW-1 Piadade John Pereira present.
Kept back for cross-examination
Later on at 12.50 pm
Adv. K. G. Chavan alongwith plaintiff present.
Adv. V. E. Pereira for Defendant no. 1 and 2 present.
Defendant no. 3 is present in person.
PW-1 Piadade John Pereira present.
Further cross-examination of PW-1 Piadade John Pereira commenced and completed. Now matter is posted for further evidence of plaintiff.
Matter is adjd. for further evidence of plaintiff to 30.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2026
Date: 30-07-2026
Business: CORAM H.H.J. K. S. Zanwar (C.R.NO.66)
Plaintiff and Adv. K. G. Chavan present for plaintiff.
Witness/PW-1 is present.
Adv. V. E. Pereira present for defendant no.1 and 2 and seeks time for cross-examination.
Plaintiff is directed to serve the hard copy of evidence of affidavit of PW-2.
KB
Later on at 12.20 p.m.
Adv. for plaintiff filed hard copy of evidence of affidavit of PW-2 Mr. Jose Francisco Raposo. Taken on record. Marked as Exh-37.
Adv. for plaintiff filed hard copy of evidence of affidavit of PW-3 Benedicta Alwyn Pinto. Taken on record. Marked as Exh-38.
Adv. for plaintiff filed hard copy of evidence of affidavit of PW-4 Mrs. Supriya S. Ghag. Taken on record. Marked as Exh-39.
Matter is adjd. for RE to 04.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2026
Date: 04-09-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
PW-2, PW-3 and PW-4 are present. Adv. K. G. Chavan present for plaintiff.
Defendant no.1 present. Adv. Vincent E. Pereira present for defendant no.1 and 2.
Matter is adjd. for RE to 16.10.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2026