Date: 21-06-2018
Business: Adv.Mr.Patankar for Plff.present.
He tendered original registered N/m No.245/2018 t.o.r.
None for Defendant.
Adjd.for N/m reply on 30.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2018
Date: 30-08-2018
Business: Adv.Mr.Pillai for Plff present.
Adv.Mr.Kailash Tiwari for Deft present and filed vakalatnama t.o.r.and marked at Exh.2. He also filed reply to N/m.
Adv.Mr.Redekar for applicant present and filed vakalatnama t.o.r.and marked at Exh.3.
He tendered draft Ch/s along with affidavit t.o.r. Leave granted to register Ch/s. Returnable on next date.
Adjd.for Ch/s on 06.09.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Business: Adv.Mr.Pillai for Plaintiff present.
Adv.Mr.K.Tiwari for defendant present.
None for applicant.
Applicant is directed to tendered original registered Ch/s on next date.
Adjd.for N/m reply on 18.09.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: C.A.of Plaintiff is present. Adv.absent.
He tendered reply to Ch/s and rejoinder to N/m. t.o.r.
Adv.Mr.Redekar for applicant present.
He tendered original Ch/s No.1619/2018 t.o.r.
Adv.Mr.K.Tiwari for Deft.present.
Adjd.for Ch/s reply and hearing on 15.01.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-01-2019
Date: 15-01-2019
Business: As court is on leave board discharged
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: Adv. Pillai for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff filed reply to Ch/s.
Adv for Plaintiff sought adjournment. Granted.
Adj for Ch/s hearing to 13.03.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Adv. Redekar for applicant present.
Adv. Pillai for Plaintiff present.
Adv. Tiwari for Defendant present.
Deft wants to file reply to Ch/s. He is at liberty to file reply with directions that copy of reply be served in advance prior to 25.03.2019.
Earlier order to continue till next date.
Adj for reply and Ch/s hearing to 25.03.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Redekar for applicant present.
Adv. Pillai for Plaintiff present.
Adv. Tiwari for Defendant present.
Deft failed to file reply to Ch/s. Therefore, chamber summons no.1619/18 is to proceed without reply against Defendant.
Adj for Ch/s hearing to 08.04.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Pillai for Plaintiff present.
Adv. Redekar for applicant present.
Adj for Ch/s hearing to 24.04.2019.
L.O.
Plaintiff is senior citizen. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
Next Purpose: C/S HEARING
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Next Purpose: C/S HEARING
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Advocate for Plaintiff present
Advocate for Defendant present
Advocate Mr. Redekar for applicant present
Court is busy in hearing of HCTB NM in suit no.2489/12, hence board of second session is discharged and case is adjourned to 02/08/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is busy in dictating order on NM in suit no.7488/83 and order on Chamber Summons on suit no.4416/08, hence case is adjourned to 16/08/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Advocate Pillai for Plaintiff present.
Advocate K. Tiwari for Defendant present.
Court is busy in dictating order on Notice of Motion in suit no.1874/15, hence case is adjourned to 06/09/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 06-09-2019
Date: 06-09-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Redekar for applicant present
CA of Plaintiff present. Advocate absent.
None present for Defendant.
Court is busy in dictating NM order in suit no.260/19, hence case is adjourned to 29/01/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Advocate Mr. M. Pille for Plaintiff present and filed copy of preceipe showing that notice about preceipe is served upon Defendants and applicants, however no one is present on behalf of Defendants and applicants. Plaintiff advocate submitted that matter is necessary to be preponed as Plaintiff is of 94 years. Considering submissions date of the case is preponed and fixed to 09/01/2020. Plaintiff is directed to sent notices to Defendants and applicants about informing the preponed date.
Next Purpose: C/S HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Advocate Mr. Pille for Plaintiff present
Advocate Mr. Redekar for applicant present and sought adjmt. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 16/01/2020 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Mr. Redekar for applicant present.
Advocate Mr. Pille for Plaintiff present
Heard.
F.R.S.R. following order has passed-
ORDER
1. Chamber Summons no.1619 of 2018 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out proposed amendment in the plaint for additng aplicaon as Defendant no.2 to this suit within stipulated time provided by law.
3. after adding applicant as party to the suit, Plaintiff i further directed to serve the copies of amended plaint upon appliant and as applicant himself has got impleded in this suit it is made clear that, writ of summons stands waived and applicant will have to file his Written Statement in the suit within 30 days from the date of service of amended plaint.
ORDER BELOW EXH.1
While hearing argument about Chamber Summons no.16191 of 2018 it is noticed that Plaintiff had handed over possession of suit premises to his son Kiran Walavalkar who later on has executed Memorandum of Understanding dated 11/10/2013 in favour of proposed Defendant i.e. Mr. Dilip B. Shah, the applicant of Chamber Summons no.1619/18. Not only it, later on said Dilip Shah has inducted Defendant of this suit in suit premises as licensee of Dilip Shah. As such, the person who is at the roots of the dispute is Plaintiff\''s own son Kiran Walavalkar and therefore Kiran Walavalkar is necessary party to this suit and said Kiran Walavalkar even may deny the contentions made by applicants and Defendants and in that sense Kiran Walavalkar if required may help Plaintiff also if Kiran Walavalkar will have some love and affection towards his father i.e. Plaintiff hence as provided by Order 1 Rule (10) (2) Plaintiff is directed to add his son Kiran Ratnakar Wavalakar as Defendant no.3 to this suit. Plaintiff is directed to serve writ of summons along with amended copy of plaint upon Kiran Walavalkar.
Case is adjourned to 30/01/2020 for compliance i.e. amendment in plaint vide order from Chamber Summons and order passed by this Court under Order 1 Rule (10) (2) of CPC.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Advocate Mrinal Pillai for Plaintiff present
None present for Defendant.
Court is busy in dictating order on Notice of Motion in suit no.1119/19 as well as court has to dictate Judgment in suit no.4771/10 and has to hear urgent matters, hence case is adjourned to 04/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Advocate Mrinal Pillai for Plaintiff present
None present for Defendant.
Court is busy in hearing and dictating orders on Notice of Motion and Chamber Summons in suit no.1531/18, suit no.1387/19 and suit no.2852/18 as well as court has to dictate Judgment in suit no.2060/13, hence case is adjourned to 03/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 17-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv Mr.Pillai for plaintiffs present.
None present for defendant.
As nobody is present for defendant, considering present pandemic condition, matter is adjd.for NM hearing to 10.02.2021 in the afternoon session.
Judge
L.O. 2.50 pm.
Defendant No.3 Kiran Walawalkar appeared in person and sought adjournment.
Already adjd. To 10.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv Mr. Siddhesh Pawar for plff present.
Adv Mr. A. Tiwari for deft No.1 present and seeks adjournment by consent, matter is adjd. for NM hearing to 12.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv Mr. Mrinal Pillai for plff present and seeks time to appropriately amend the notice of motion for seeking interim relief against the added defendants. O- Time granted till next date.
Adv Mr. Tiwari for deft No.1 present.
Adv Mr. Reddekar for deft No.2 present.
Deft No.3 Kiran Walawalkar present in person.
Adjourned for steps to 17.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv Mr. Pillai present for plff. and seeks adjournment by submitting that he may either take out fresh Notice of Motion or he will argue the pending NM against the deft No.1 only.
None present for deft.
On request of adv. for plff, matter is adjd. for NM hearing.
Matter is adjd. for NM hearing to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv Mr. Mohan Pillai present for plff. and seeks adjournment.
None present for deft.
On request of adv. for plff, matter is adjd. for NM hearing to 03.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Mohan Pillay for plff. present and filed draft notice of motion alongwith affidavit in support. O-Leave to register is granted with direction to serve the deft.
None present for deft.
Matter is adjd. for service of NM and NM hearing to 06.01.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022
Date: 03-12-2021
Business: Adv. Mohan Pillay for plff. present and filed draft notice of motion alongwith affidavit in support. O-Leave to register is granted with direction to serve the deft.
None present for deft.
Matter is adjd. for service of NM and NM hearing to 06.01.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv Mr. Mohal Pillay present for plff. and filed registered NM No. 3231/21 alongwith affidavit in support.
Adv Mr. K.Tiwari present for deft.No.1
Adv Mr. Prasad present and filed vakalatnama on behalf deft No.3 at Exh.4. Plff to file affidavit of service of NM on deft No.2.
By consent, matter is adjd. for NM reply and affidavit of service to 15.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Adjd Due to covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv Mr. Siddesh Pawar present for plff.
Adv Mr. Kailas R. Tiwari present for deft.No.1 and filed affidavit in reply in NM No.3231/2021 on behalf of deft No.1.
Copy of reply given to the adv for the plff.
Adv Mr. Redekar for deft No.2 present and gave oral undertaking that he will file vakalatnama on behalf of def No.2 on next date. He seeks time to file reply to NM No.3231/2021.
Adv Mr. Aniket Patil for deft no.3 present and filed affidavit in reply in
Copy of reply given to the adv for the plff.
NM No.3231/2021 on behalf of deft No.3.
Adv for the deft No.1 has filed WS. The affidavit of service filed today by the plff shows that deft No.1 is served on 24.12.2021. Apparently, there is delay in filing WS by deft No.1. Adv for deft No.1 submitted that he will take out appropriate NM for delay condonation.
WS is kept on record with direction that it will be considered only if NM is taken out and is allowed.
Matter is adjd. for NM reply and hearing to 17.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: CA of the plff present in person.
Adv Mr. Tiwari present for deft No.1 and filed draft NM alongwith affidavit in support for condonation of delay caused in filng WS.
O- Leave to register is granted.
Adv Mr. Redekar appeared and filed vakalatnama on behalf of deft No.2 at Exh.5.
CA of plff received copies of NM and seeks time to file reply.
Matter is adjd. for NM reply to 23.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Matter pertains to CR No.62 (In-Charge of CR No.62)
None for plff.
Adv.Tiwari for def.No.1 present.
Adv.Aniket S.Patil for Def.No.3 present.
Adv. Aniket Patil for def. No.3 tender Draft Notice of Motion alongwith affidavit in support ( delay in WSt.) alongwith Written Statement of Def.No.3.
Order :- Leave is granted to register the Notice of Motion.
Matter adjd to 10.08.2022 for NM Reply hearing affidavit of service of N.M. by def.no.3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: None present for plaintiff.
Adv.Tiwari for defendant No.1 present.
Adv.Redekar for defendant No.2 present.
Adv.Prasad Naik for defendant No.3 present.
Adv. of deft.No.1 orally requested for extension of time to register motion. O-Time is extended for 14 days.
Deft.No.3 has not tendered registered NM No.2651/22.
Matter adjd to 19.10.2022 for compliance by deft.No.1 and 3.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2022
Date: 10-08-2022
Business: None present for plaintiff.
Adv.Tiwari for defendant No.1 present.
Adv.Redekar for defendant No.2 present.
Adv.Prasad Naik for defendant No.3 present.
Adv. of deft.No.1 orally requested for extension of time to register motion. O-Time is extended for 14 days.
Deft.No.3 has not tendered registered NM No.2651/22.
Matter adjd to 19.10.2022 for compliance by deft.No.1 and 3.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv.Mr.Pillai for plaintiff present.
None present for defendants.
The Adv.for the plaintiff filed application for withdrawal of suit unconditionally t.o.r. and marked as Exh.6. None present for defendants to reply the application Exh.6. Heard the Ld.Adv. For the plaintiff. Following order is passed below Exh.6.
ORDER BELOW EXH.6
The plaintiff wants to withdraw the suit unconditionally. Hence, the application Exh.6 is required to be allowed, in the result I pass following order.
ORDER
1. Application Exh.6 is allowed.
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application Exh.6 and today\''s order passed thereon. The plaintiff wants to withdraw this suit unconditionally. In view of order below Exh.6, the plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.2245/18
Read the application, Exh.6 and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Hence, I passed the following order.
ORDER
1. Notice of Motion No.2245/2018 is dismissed.
2. Parties to bear their own costs.
ORDER IN NM NO.3231/21
Read the application, Exh.6 and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Hence, I passed the following order.
ORDER
1. Notice of Motion No.3231/2021 is dismissed.
2. Parties to bear their own costs.
ORDER IN NM NO.2651/22
Read the application, Exh.6 and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Hence, I passed the following order.
ORDER
1. Notice of Motion No.2651/2022 is dismissed.
2. Parties to bear their own costs.
LO at 03.45 pm
Adv.Aniket Patil for defendant No.3 present. He tendered registered NM No.2651/2022 a/w. affidavit in support. It is already disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-10-2022