Date: 30-04-2019
Business: None present for Plaintiff.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 26/08/2019 for compliance and appearance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Plaintiff present.
Adv Mr. Shirke for Defendant no.1 to 3 present and undertakes to file vakalatnama of Defendant nos.1 to 3 on next date.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 02/11/2019 for filing vakalatnama, Written Statement on behalf of Defendants and for filing affidavit of service of writ of summons.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Rajesh Dikshit @ Plaintiff present and filed original writ of summons and affidavit of service of writ of summons showing hat summons is served upon all the 3 Defendants. Roznama dated 26/08/2019 shows that Defendant nos.1 to 3 were present in the court and they have undertaken to engage lawyer for themselves.
None present for Defendants, hence suit to proceed for exparte order against Defendants as they have not appeared in the matter as required by law and as they have not filed their appearance Memo in the matter.
Plaintiff advocate filed draft Notice of Motion with affidavit in support of Notice of Motion for temporary injunction for restraining Defendant nos.2 and 3 from entering into suit premises. Leave to register Notice of Motion is granted. Plaintiff to serve copy of upon Defendants.
Case is adjourned to 27/01/2020 as requested by Plaintiff for NM hearing and passing exparte order against Defendants.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: (Matter pertains to C.R. N o.09)
Adv. Rajiv Dixit present for Plaintiff.
Defendant No.1 and 3 present in person.
Defendant No.1 and3 filed written statement subject to filing notice of motion for condonation of delay.
Case is adjourned to 18/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: None present for Plaintiff.
Defendant no.3, Ms. Vandana present at 1.50 p.m. and submitted that his mother is suffering from breast cancer and filed an application for condonation of delay caused in filing Written Statement, Defendant no.3 is appearing in person hence it seems that she is not having knowledge of the fact that Notice of Motion is required to be filed for condonation of delay, hence the application filed by Defendant no.3 today is being returned to her and she is directed to file Notice of Motion. Defendant no.3 also filed an application for appointment of commissioner for examination of Defendant no.1. Said application is t.o.r. and marked as Exh.3. Defendant no.3 is directed to serve copy of this application upon Plaintiff.
K.B. matter at 2.45 p.m. for appearance of Plaintiff.
L.O.
Advocate Tripathi for Plaintiff present and filed registered Notice of Motion no.314/2020 with affidavit in support, t.o.r. Defendant no.3 served copy of application Exh.3 on Plaintiff\''s advocate.
Case is adjourned to 13/04/2020 for reply on Exh.3 and for filing NM by Defendant no.3 for condonation of delay caused in filing Written Statement of Defendant no.3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020
Date: 19-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020
Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020
Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv Mr. Rajesh Dixit for Plaintiff present in the morning sessions and mentioned the matter. He seeks time to file reply to the Notice of Motion of Defendant.
Matter is kept back.
L.O.
None appeared for Defendant.
Advocate for the Plaintiff had mentioned the matter in the morning session for claiming time to file reply. As nobody is present for the Defendant, matter is adjd. for reply of Plaintiff to Notice of Motion to 23.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Deft No.3 present in person and mentioned the matter in the morning session. She filed application Exh.4 along with copy of death certificate to show that deft No.1 expired on 15.04.2020. She has prayed to refer the matter for mediation. O- Call say of the plff.
Since it is informed that deft No.1 has expired, plff to take steps.
Matter is on board of afternoon session hence kept back.
L.O. at 3.20 p.m.
Adv Mr. Dixit for plff present and filed application Exh.5 for deleting the name of deft No.1. Copy served on deft no.3.
Deft No.3 present in person and seeks time to file reply.
Matter is adjd. for reply to 10.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adv. Dixit h/f. Adv. Tripathi for the plaintiff present.
None present for the defendants.
Considering the present Pandemic Condition, matter adjourned for reply of defendants on Exh.5 to 06.08.2021.
Next Purpose: REPLY
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Plff present in person.
None present for the defts.
Deft no.3 has filed death certificate with application Exh.4 which shows that defendant no.1 has expired on 15.04.2020. Thereafter, plff has filed application Exh.5 for deleting the name of deft No.1 from the suit. Deft Nos.2 and 3 failed to file reply to said application. Since the contention raised in the application about causing death of deft no.1 is supported by the copy of death certificate as mentioned above and since it appears from the contents of application Exh.4 that deft no.3 has contended that
deft Nos.2 and 3 are the legal heirs of deceased deft No.1 so also, considering the statements in the plaint that plff is claiming himself to be the son of deceased deft no.1, application Exh.5 is allowed. Plff shall carry out the necessary amendment within two weeks from today and shall serve the copy of amendment plaint on deft nos.2 and 3.
Matter is adjd. for reply of plff on Exh.4 and compliance to 28.09.2021.
Next Purpose: REPLY
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv Mr. Dixit for plff present and seeks extended time to effect amendment as per order passed below Exh.5 on 06.08.2021. O- Time extended by two weeks from today.
Adv Mr.Prathamesh Nirkhe h/f Adv Ms.Phadke appeared and filed vakalatnama on behalf of deft No.3 at Exh.6.
Matter is adjd. for NM hearing to 29.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2022
Date: 29-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022
Date: 19-07-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022
Date: 19-07-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. V. R. Tripathi for plaintiff present.
Plaintiff present.
Defendant No.3 he remain absent & failed to file motion for condonation of delay as directed on 18.02.2020 read the roznama dated 02.11.2019 suit is proceeded Ex-parte against Def. No. 1, 2
& 3
Matter adjd 10.10.2022 to for Service affidavit
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Plaintiff present.
Adv.Tripathi for plaintiff present. He requested time to file service affidavit.
None present for deft.
Matter adjd to 12.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022
Date: 10-10-2022
Business: Plaintiff present.
Adv.Tripathi for plaintiff present. He requested time to file service affidavit.
None present for deft.
Matter adjd to 12.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court is on leave hence matter Adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2023
Date: 10-02-2023
Business: court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv.Rajesh Dixit h/f.Adv.Tripathi for plaintiff present.
None present for defendant.
Matter adjd to 18.07.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2023
Date: 10-04-2023
Business: Adv.Rajesh Dixit h/f.Adv.Tripathi for plaintiff present.
None present for defendant.
Matter adjd to 18.07.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Pliantiff in person present.
Defendant No. 3 in person present.
Matter is adjd.to 23-10-2023 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Rajesh Dixit for plaintiff present.
Adv. Vikas Kale for defendant present and filed VP for def.no.3 t.o.r. marked as Exh.7
Matter is adjd.to 15-12-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 02-03-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: I
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Adv. V. R. Tripathi a/w plaintiff present.
Defendant no. 3 in person present.
Matter is adjourned to 18-07-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: Adv. Rajesh Dixit for plaintiff present.
None for defendant
Matter is adjourned to 09-09-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 28.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 03-12-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 28.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv. Rajesh Dixit present for plaintiff.
None present for defendant.
Heard in NM No. 314 of 2020.
Matter is adjourned for NM Order to 19-04-2025.
Next Purpose: NM ORDERS
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: None for plaintiff present.
Def. No. 3 in person present.
Matter is adjourned to 17.06.2025 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Adv. Tripathi for plaintiff present.
None for defendants.
Matter is adjourned to 23.06.2025 for NM re-argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Adv. Tripathi for plaintiff present.
None for defendant.
Matter is adjourned to 03.07.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: Adv. Dixit for plaintiff present.
None for defendant.
Matter is adjourned to 21.07.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 25.09.2025 for NM re-argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: Court is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: Court is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-11-2025
Date: 07-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Rajesh Dixit for plaintiff present.
None for defendant.
Matter is adjourned to 03.12.2025 for NM argument.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-12-2025
Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Tripathi alongwith plaintiff present.
None for defendant.
Matter is adjourned to 25.02.2026 for NM hearing.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-02-2026
Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. V. R. Tripathi for plaintiff present.
None for defendant.
Heard advocate for plaintiff on NM no. 314/2020.
Matter is adjourned to 26.02.2026 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff present.
None for defendant.
F.R.S.R. following order is passed in NM No. 314/2020
ORDER
1.Notice of motion No.314 of 2020 is allowed in respect of prayer clause (a) of notice of motion.
2.Notice of motion No. 314 of 2020 is disposed of accordingly.
Matter is adjourned to 15.04.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.10 am
None for plaintiff.
None for defendant.
The NM 314/2020 is disposed of on 26/02/2026 thereby prayer clause (a) That pending the hearing and final disposal of the suit, the Defendants No. 2 and 3 by themselves and through their agents, servants, and representatives by restrained by an order and injunction of this Honble Court from entering into the suit premises viz. Flat No.1203, 12th floor, Shreeji Villa, T. H. Kataria Marg, Mahim, Mumbai 400016 and / or interfering in any manner with the use enjoyment and possession of the suit premises by the Plaintiff and his family members without following due process of law of NM is allowed.
As per roznama dated 27/01/2020 the written statement of defendant no. 1 to 3 is taken on record subject to filing of NM for condonation of delay but till date defendant did not file NM to condone the delay. Therefore the written statement of defendant no.1 to 3 cannot be considered. Hence, suit to proceed without Written Statement.
Matter is adjourned to 27.07.2026 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Rajesh Dixit alongwith plaintiff present and seek time to file evidence.
None for defendant.
Suit is proceeding without WS.
Matter is adjourned to 03.09.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2026
Date: 03-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 06.11.2026 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-11-2026