Date: 01-08-2019
Business: Advocate Mr. Raut for Plaintiff present
Advocate Mr. Hemal Patel for Defendants present and filed vakalatnama, t.o.r.
Plaintiff is directed to tender registered NM on next date.
Case is adjourned to 19/11/2019 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Advocate Ms. Minakshi Javle for Plaintiff present and undertakes to serve copy of NM upon advocate for Defendant no.1 and 2.
Advocate Mr. Ajit Hodage for Defendant no.1 and 2 present and filed vakalatnama for Defendant no.1 and 2, t.o.r. He also filed draft Notice of Motion with affidavit in support of Notice of Motion with Written Statement and Counter Claim. Leave to register Notice of Motion is granted. Copy of Notice of Motion and copy of Written Statement served upon advocate for Plaintiff. It is made clear that, Written Statement will be accepted subject to decision of Notice of Motion filed by Defendant no.1 and 2.
Plaintiff is directed to file affidavit of service of Notice of Motion upon Defendants.
Case is adjourned to 15/04/2020 for reply to be filed by Plaintiff as well as Defendants.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv Mr. Bhambid appeared and gave oral undertaking that he will file vakalatnama on behalf of the plff on next date.
None present for the defendants.
As nobody is present for the defendants, on request of advocate Bhambid, matter is adjd. for tendering registered NM in the Court and for filing vakaltnama. Adv Mr. Bhambid submitted that he will intimate the next date to the other side in advance.
Matter is adjd.for tendering registered NM to 25.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv Mr.Bhambid for plaintiff present and fild vakalatnama at Exh.4 on behalf of the plaintiff. He submitted that previous advocate appointed by the plff has expired. Considering his said statement, V.P. is accepted.
None present for defendant
Advocate for plff filed application Exh.5 for reconstruction of NM No.1581/2019. O- Call say of defendant.
Adjd. for reply by deft on NM to 20.02.2021.
Judge
L.O.
Adv Mr. Ajit Hodge for deft No. 1 present and tendered registered NM No. 640/2020 along with affidavit in support. He also endorsed reply on application Exh.5 itself.
As next date is already given, ajdd. for hearing on Exh.5 and for reply of plff to NM No.640/2020 to 20.02.2021.
Next Purpose: HEARING
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Advocate Shri Ajit Hodage for defendant Nos.1 and 2 present.
CA of Plaintiff present. Advocate for plaintiff absent.
On request of CA of plaintiff, matter adjourned for hearing on Exh.5 to 22.03.2021.
Next Purpose: HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv Mr. Bhambid for plff present.
None present for deft.
Heard argument of adv. for plff on Exh.5.
Matter is adjd. for order on Exh.5 to 01.04.2021.
Next Purpose: ORDER
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None present for plff.
Adv Ajit Hodage for deft present.
Matter is adjd. for order to 20.04.2021.
Next Purpose: ORDER
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present for both the parties.
By filing application Exh.5, CA of plaintiff has claimed permission to reconstruct NM No.1581 of 2019. advocate for defendant Nos.1 and 2 has endorsed no objection on the application itself. Hon’ble Principal Judge is pleased to grant permission for reconstruction of said notice of motion. Orders to that effect is received vide order passed on letter dated 06.04.2021 of this court (Exh.6). For the reasons mentioned in the application and in view of the no objection given by advocate for defendant Nos.1 and 2 so also, in view of the permission granted by Hon’ble Principal Judge, application Exh.5 is allowed as prayed. Plaintiff shall produce the copies of original NM No.1581 of 2019 on record for reconstruction purposes on next date. Application Exh.5 is thus disposed off as above.
Matter adjourned for compliance and NM hearing to 23.06.2021.
Next Purpose: ORDER
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: None present for plaintiff.
Adv. Ajit Hodge for defendant Nos.1 and 2 present.
Considering the present Pandemic Condition and the SOP issued by the Hon’bl High Court as nobody is present for the plaintiff, matter adjourned for NM hearing to 25.08.2021.
Judge
LO
Adv. K.B. Bhambid for plaintiff present and submitted that defendant has not filed reply till date to the NM of the plaintiff
matter adjourned for NM reply to 25.08.2021.
Next Purpose: REPLY
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 04-09-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Mr.S.P. Munghate for plff present and tendered copy of registered NM No. 1581/2019 for reconstruction purposes as per the permission granted by Hon’ble Principal Judge and as per order passed by this Court on application Exh.5.
Adv. Mr. Hodge for deft Nos.1 and 2 present and supplied one more copy of NM No.640/2020 to the adv. for the plff.
Adv. for the plff seeks time to file reply to NM No.640/2020. Adv. for defts seeks time to file reply to reconstructed NM No.1581/2019.
By consent, matter is adjd. for NM reply to 20.10.2021.
Next Purpose: REPLY
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv Mr. Ganesh Mane h/f Adv. Bhambil present for plff. and filed reply in NM No.640/2020.
None present for deft.
Matter is adjd. for NM hearing to 20.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022
Date: 12-04-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv.K.B. Bhambil for plaintiff present.
Adv.Hodage for deft.No.1 and 2 present. He filed reply in NM No.1581/19. TOR and marked as Exh.7. Copy is received by the plaintiff.
Plaintiff wants to file rejoinder in NM No.1581/19.
Heard both the sides in NM No.1581/19.
Matter adjd to 12.08.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2022
Date: 21-07-2022
Business: Adv.K.B. Bhambil for plaintiff present.
Adv.Hodage for deft.No.1 and 2 present. He filed reply in NM No.1581/19. TOR and marked as Exh.7. Copy is received by the plaintiff.
Plaintiff wants to file rejoinder in NM No.1581/19.
Heard both the sides in NM No.1581/19.
Matter adjd to 12.08.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv.K.B.Bhambid for plaintiff present.
Adv.Vaibhavi Pawar for deft.No.1 and 2 present.
Adv. of plaintiff filed rejoinder in NM 1581/19 t.o.r. and marked as Exh.8. Copy of same is received by defendant No.1 and 2.
Read the last roznama. In the roznama it is mentioed that heard parties in NM No.1581/19. But actually parties have argued in NM 640/20. Therefore, in last roznama the sentence \''Heard both the sides in NM No.1581/19\'' shall be read as \''Heard both the sides in NM No.640/20\''.
KB for order in NM 640/20.
LO at 04.50 pm
F.R.S.R. the following order is passed.
ORDER
1.Notice of Motion No.640/2020 is allowed subject to costs of Rs.2,000/- (Rupees Two Thousand Only).
2.Delay in filing written statement by defendant No.1 and 2 is condoned.
3.Written statement filed by defendant No.1 and 2 shall be taken on record subject to compliance of order as to payment of costs.
4. Costs shall be paid to the plaintiff on or before next date.
5. Notice of Motion No.640/2020 is disposed of accordingly.
Matter adjd to 21.09.2022 for hearing of NM No.1581/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv.K.B.Bhambid for plaintiff present.
Adv.Ajit Hodage for deft.No.1 and 2 present. He filed letter of compliance of order dated 12.08.2022 in NM 640/20 t.o.r. and marked as Exh.9. Heard the Adv.for deft.No.1 and 2. He submits t hat the defendants have filed counter claim. Registrar (civil) is directed to verify the counter claim and to register it by removing objections if any.
KB
LO at 04.45 pm
Same appearance.
As Court is busy in hearing in other matter, hence, adjourned.
Matter adjd to 08.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Adv. Bhambid for plaintiff present.
Adv. Ajit Hodge for defendant present.
k.b. for NM hearing.
Later on 4.00 pm.
Adv. Bhambid for plaintiff present.
Adv. Ajit Hodge for defendant present.
heard the ld. Adv. of the plaintiff in NM. Heard substantial part of argument of Defendants. Read the statement in para No. 6 C of the defendants reply to the motion the NM can be disposed off on the basis of said statement. Adv. for defendant requested time to take instructions from the defendants hence matter adjd to 29.11.2022 for submission of defendants.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv.Bhambid for plaintiff present.
Defendant present.
KB
LO at 03.40 pm
Adv.Bhambid for plaintiff present.
Adv.Ajit Korde for defendant No.1 and 2 present.
ORDER
Read the roznama dated 08.10.2022, during the course of argument the attention of the defendants was drawn to para No.6b of the affidavit in reply Exh.7 wherein defendants have made statement that they have no intention of whatsoever nature to dispose of the suit premises in any manner. Suit was adjourned for consideration whether pending notice of motion can be disposed of on the basis of said statement. Today, the defendant No.1 Mr.Sunil Salunke is present. Adv.Mr.Ajit Korde for both defendants present. On instructions from both defendants Adv.Shri.Ajit Korde made statement that the defendants till disposal of suit will not create third party interest or dispose of the suit premises in any manner as stated in paragraph No.6b of the defendants reply in NM 1581/19-Exh.7.Said statement is recorded and accepted. On the basis of this statement notice of motion No.1581/2019 is disposed of accordingly.
Read the order dated 12.08.2022 in NM 640/2020. Said order has been complied vide Exh.9. The Registrar (Civil) has verified the counter claim. Hence, the written statement and counter claim are taken on record and marked as Exh.10 (colly.).
the Adv.for pltff submits that the copy of WS and counter claim is already received to him. He waived the service of counter claim.
The Ld.Adv.for the defts. requested for order of issuance of suit summons in counter claim on defendant No.2. Hence, following order is passed.
ORDER IN COUNTER CLAIM
Issue suit summons on counter claim on defendant No.2. Service allowed through bailiff.
Matter adj. to 06.02.2023 for written statement in counter claim/service affidavit in respect of deft.2 in counter claim.
Nature Of Disposal: OTHER
Disposal Date: 29-11-2022