Bhimrao Shankar KudaleVsAditya Satish Sawant +1 more

Date: 25-04-2019
Business: Resumed.
None for plaintiff and defendant.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adjd for affidavit of servivce to 24.06.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Adv. Rohit Naik for plaintiff present.
Affidavit of service of NM tendered by the plaintiff.  TOR.
He also tendered registered NM no. 1589/19.  TOR.
Vakalatnama filed by Adv. Jamkhand on behalf of deft. no. 1.  O-Seen.
Application filed on behalf of plaintiff for extension of time to issue writ of summons upon the defendants.
O-Time is extended to serve the writ of summons.
Adjourned for affidavit of service of writ of summons and reply to NM 21.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Jamkhande for defendant no. 1 present.
Original writ of summons filed by the plaintiff.
The counsel for the deft. no. 1 submitted that the defendant no. 1 was served with writ of summons on 1.7.2019.  The plaintiff to file affidavit of service of writ of summons to defendant no. 2.
Adjourned for written statement of defendant no. 1 and compliance by the plaintiff in respect of defendant no. 2 to 23.9.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv. Kulkarni  for plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff  submitted that the plaintiff has taken effort to serve the defendant no. 2 by registered post but acknowledgment is not yet received.  Defendant no. 1 failed to file written statement , hence suit to proceed without written statement of defendant no. 1.  The defendant no. 1 even failed to file reply to NM no. 1589/19, hence the said notice of motion to proceed without reply of defendant no. 1.
Plaintiff to file affidavit of service in respect of defendant no.2.
Adjourned for affidavit of service in respect of defendant no. 2 and hearing on NM no.1589/19 to 13.11.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Plaintiff in person present.
Plaintiff filed affidavit of service.
On perusal of the affidavit of service it appears that item was kept on hold as addressee was absent.  Therefore it cannot be said to be valid service. Plaintiff to take steps to serve defendant no. 2.
Adjourned for affidavit of service in respect of defendant no. 2 and hearing on NM no.1589/19 to 22.1.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: None present.
Last chance was granted to plaintiff for hearing on N/M.  Put N/M for dismissal.
The matter is adjd for dismissal of N/M to 19.03.2020.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Matter called at 12.25 pm
Adv. Jamkhandi for plaintiff present
None for defendant
In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 17/06/2020 at 2.45 pm for dismissal of N/M.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present.
The matter is adjd for N/M dismissal to 20.01.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: None present.
N/M No.1589/19 is dismissed for want of prosecution.
Plaintiff failed to serve the writ of summons to deft. no.2.  Put case for dismissal against deft. no.2.
The matter is adjd for dismissal against deft. no.2 to 14.06.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None present.
Matter adjd for dismissal on 29.11.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2021

Date: 29-11-2021

Date: 22-02-2022
Business: None present.
Today the matter is kept under the caption of dismissal.  Perused the record.  On perusal of the same pltff has failed to take steps for service of writ of summons upon deft no.2.  on 22/01/2020 last chance was granted. Considering overall circumstances last chance is granted to the pltff to take steps failing which suitable orders will be passed.
Matter is adjd to 16/06/2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: None is present.
K.B. at 1.00 p.m.
L.O. at 3.30 p.m.
None present till 5.00 p.m.
Parties are not interested to prosecute the matter hence matter is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-06-2022

Filing Number: 104599/2019
Filing Date: 13-04-2019
First Hearing Date: 25th April 2019
Decision Date: 16th June 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE