Date: 11-07-2019
Business: Adv. Khandesh Bagate for Plaintiff present.
Deft no.2 present. Adv absent.
Original NM No.1996/19 filed by Adv for Plaintiff t.o.r.
K.B.
L.O.
Adv. Vijay Dhanam for Plaintiff present.
Adv. Subhash Bane for Defendant present.
Adv for defendants sought time to file reply.
Time is granted to file reply.
Adj for NM reply to 15.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Adv. Vijay Dhadam for Plaintiff present.
Adv. Subhash Bane for defendant nos.1 and 2 present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
K.B.
L.O.
Plaintiff is present.
Defendant no.2 is present.
Say filed by Adv for Plaintiff to draft NM.
Order below draft NM.
Read draft Notice of motion, affidavit in support of it and reply of Adv for Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by defendants for taking on record their written statement by condoning delay caused in filing written statement. They made above prayer on the ground that certain documents were stolen from the suit premises by the Plaintiff and they have sought the information relating to those documents from the M.C.G.M. under Right to Information Act and said corporation vide letter dated 23.05.2019 informed to defendant no.2 to take inspection of the file relating to suit premises. It is further contended that defendant no.2 took the inspection of files and received documents in last week of June-2019. Thereafter, he was unable to contact his Advocate and to hand over papers to his Advocate due to his illness. In support of their contention, they have filed Exhibit A and B. Accordingly, they made prayer in above terms.
Plaintiff opposed notice of motion on the count that defendants have not shown sufficient cause to condone the delay.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
In view of above legal position, I have considered contentions of parties. The reasons assigned by the defendants are sufficient to condone the delay caused in filing written statement. Further, delay caused is not inordinate and cannot be said to be deliberate. Therefore, I am inclined to condone delay caused in filing written statement and to take it on record. However, considering the conduct of defendants, certain costs is required to be imposed upon them. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.500/- to the Plaintiff within a period of one week. Defendants are at liberty to deposit costs payable to the Plaintiff in Court.
2. On payment of costs, written statement of defendants to be taken on record.
3. Accordingly, draft NM is disposed off.
4. It be registered for statistical purposes.
Costs of Rs.500/- paid by defendants to Plaintiff.
Ex.3 Written statement filed by defendants t.o.r.
Reply filed by defendants to Notice of motion of Plaintiff t.o.r.
Copy of WS and reply given to Plaintiff.
Earlier order, if any to continue till next date.
Adj for rejoinder, if any to 19.08.2019.
Next Purpose: REJOINDER
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Khandesh Bagade for Plaintiff present.
Adv. Kajal Agawane for defendant nos.1 and 2 present.
Adv for Plaintiff sought time to file rejoinder.
Time is granted.
Earlier order, if any to continue till next date.
Adj for rejoinder to 18.09.2019.
Next Purpose: REJOINDER
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv.Mr Khandesh for plaintiff present
Adv. Kajol Agawane for defendant present.
Affidavit in rejoinder filed by plaintiff t.o.r.
Copy given to other side.
Plaintiff tendered draft Chamber summons. Leave granted to register it. Copy of draft Chamber summons is supplied to other side. Earlier order to continued.
Matter is adj. to 11.10.2019 for reply .
Next Purpose: REPLY
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Vijay Dhadam for plaintiff present.
Earlier order, if any to continue till next date.
Ch/s 1721/19 filed by plaintiff t.o.r.
Matter is adjd. to 13.11.2019
Next Purpose: REPLY
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Vijay Dhadam for plaintiff present.
Adv. Subhash Bane for defendant No.1 and 2 present.
Defendants filed reply to CS No.1721/2019
Copy is served on other side.
Advocate for plaintiff wants to file rejoinder to reply of defendant.
Earlier order if any to continue till next date.
Adjourned for rejoinder and CS hearing to 23.11.2019.
Next Purpose: REJOINDER
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Vijay Dhadam for plaintiff present.
Adv. Subhash Bane for defendant Nos.1 and 2 present.
Heard argument of both sides on CS No.1721 of 2019
Earlier order, if any, to continue till next date.
Adjourned for order to 03.12.2019
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Vagade for plaintiff present.
Adv. Shettey for defendant present.
Defendant present.
Plaintiff present.
KB
Earlier order, if any to continue till next date.
Adjourned to 4.12.2019 for order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Khandesh Bagade for plaintiff present.
Adv. Chetan Mhatre for defendant present.
LO
FRSR order passed below Ch/s no 1721 of 2019
1.Chamber Summons No.1721/2019 is allowed and made absolute in terms of prayer clauses (a) and (b).
2.Plaintiff is directed to carry out amendment as per schedule annexed to Ch/s. within period of two weeks from the date of order.
3.Accordingly, Ch/s. is disposed of.
Earlier order, if any to continue till next date.
Adjourned for compliance to 7.01.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Plaintiff present.
Adv. Khandesh Bagade for plaintiff present.
Adv.Bane for defendant No. 1 and 2 present.
Amended plaint filed by advocate for plaintiff.
Copy of plaint is served upon defendants.
Pleading relating to NM is complete so it is adjourned for NM hearing.
Earlier order, if any to continue till next date.
Adjourned for NM hearing to 04.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv Handesh Bagade for plff present.
Adv Bane for deft no. 1 and 2 present.
Adv Sameer Kolge filed VP for deft no. 4 and 5. t.o.r.
He seeks time to file WS.
Plff is directed to file affidavit of service.
Earlier order continued till next date.
Matter stands Adj for NM hearing to 27/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv Khandesh Bagate for plff present.
Exh 05 - Adv for plff filed affidavit of service. t.o.r.
Adv Sameer Korge for deft no. 3 to 6 present.
Exh 06 - He filed VP for deft no. 3 and 6. t.o.r.
Exh 07 - He filed written statement of deft no. 3 to 6. t.o.r.
He seeks time to file NM reply. Granted.
Exh 03A - Adv Akshay Shetty for deft no. 1 and 2 present.
He filed additional written statement of deft no. 1 and 2. t.o.r.
Earlier order continued till next date.
Matter stands Adj for NM reply to 17/03/2020.
Next Purpose: REPLY
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv Vijay Dhadam for plff present.
Earlier order continue till next date, if any.
Matter stands Adj for NM Reply to 16.04.2020
Next Purpose: REPLY
Next Hearing Date: 16-04-2020
Date: 17-03-2020
Business: Adv Vijay Dhadam for plff present.
Earlier order continue till next date, if any.
Matter stands Adj for NM Reply to 16.04.2020
Next Purpose: REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: REPLY
Next Hearing Date: 31-07-2020
Date: 12-06-2020
Next Purpose: REPLY
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-01-2021
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present.
Matter stands Adj for NM reply to 02.03.2021
Next Purpose: FOR___________________
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Plff present.
Adv Bagate for plff present.
Adv Chetan Mhatre for deft no. 1 and 2 present.
Adv Samir Kolge for deft no. 3 to 6 present.
He filed pursis stating that their written statement treated as reply to NM.
Earlier order to continue.
Matter stands Adj for NM Hearing to 26/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Plff present.
Adv Khandesh Bagate for plff present.
He seeks time for NM Hearing. Granted.
Adv Subhash Bane for deft no. 1 and 2 present.
He filed application for directing the plff to handover original Ration Card standing in the Name of deft no. 1 and which is in possession of the plff. t.o.r. Plff admitted that original Ration Card of deft no. 1 is in his possession. Hence plff is directed to handover original Ration Card to deft no. 1 before next date. Application is disposed of.
Earlier order to continue till next date.
Matter stands Adj for NM Hearing to 02/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: 02.09.2021
44
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 1885/2019 @ NM 1996/19
Adv. Vijay Dhadam for plaintiff present.
Adv. Shubhash Bane for defendant 1 and 2 present.
Adv. Sameer Kolage defendant no. 3 to 5 present.
KB
LO
Advocate for plaintiff filed application for direction to hand over the retion card to the plaintiff as and when required
T.O.R. and marked exh.09
Adv. no. 1 and 2 filed say on exh. 09 itself.
Heard both the side matter stands Adj to 03-09-2021 for order
Judge
Next Purpose: ORDER
Next Hearing Date: 03-09-2021
Date: 02-09-2021
Business: 02.09.2021
44
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 1885/2019 @ NM 1996/19
Adv. Vijay Dhadam for plaintiff present.
Adv. Shubhash Bane for defendant 1 and 2 present.
Adv. Sameer Kolage defendant no. 3 to 5 present.
KB
LO
Advocate for plaintiff filed application for direction to hand over the retion card to the plaintiff as and when required
T.O.R. and marked exh.09
Adv. no. 1 and 2 filed say on exh. 09 itself.
Heard both the side matter stands Adj to 03-09-2021 for order
Judge
Next Purpose: ORDER
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv Khandesh Bagate for plff present.
Adv Bane for deft no. 1 and 2 present.
Heard Adv. for the plaintiff and defendants.
Adv. For defendants had filed application (Exh.8) for directing the plaintiff to handover original ration card standing in the name of defendant no.1 and which is in possession of the plaintiff. Plaintiff had admitted that original ration card of defendant no.1 is in his possession. Hence application Exh.8 was allowed and plaintiff was directed to handover original ration card to defendant no.1. Hence plaintiff filed present application (Exh.9) stating that he is ready to handover ration card to defendant no.1 but seeking direction to handover the ration card to the plaintiff as and when required. Ration card contents name of family members of the plaintiff but ration card is standing in the name of defendant no.1. Both parties are close relatives and residing in the suit premises jointly. Hence application (Exh.9) is allowed and disposed of as under:-
(1) Plaintiff is directed to hand over original ration card to defendant no.1 before next date.
(2) Defendant no.1 and 2 are restrained from deleting name of plaintiff and his family members from the original ration card.
(3) Plaintiff may file application before this Court if he requires original ration card from defendant no.1 and 2.
(4) Defendant no.1 and 2 are directed to handover original ration card to the plaintiff for limited period as and when directed by this Court.
Earlier order to continue till next date.
With consent of Adv for both parties, matter is referred to Lok-adalat. They are directed to inform the parties to appear before Lok-adalat on 25/09/2021.
Matter stands Adj for Lok-adalat to 25/09/2021 and for NM Hearing to 04/10/2021.
Next Purpose: REPORT
Next Hearing Date: 25-09-2021
Date: 25-09-2021
Business: Matter pertaining to C.R. No.02
Plff presnt.
Deft absent.
None present for defendant.
Matter Adjd. On 05/10/2021.
Adv. Rujuta Lokare Prof. Vanita Agarwal H.H.J. Shri D. L. Bhagwat
Panel Member Panel Member Panel Head
Next Purpose: REPORT
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Matter pertains to C.R.No.2
Adv. Khadesh Bagate for plaintiff is present.
Adv. Bane for defendant is present.
EOC if any to continue till next date.
Matter adjd to 28.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv Khandesh Bagate for plaintiff present.
Adv. Bane for defendant no. 1 and 2 present.
Earlier order, continued till next date. Last chance granted to plaintiff for hearing.
Matter stands Adj for n/m hearing to 18/12/2021.
Next Purpose: HEARING
Next Hearing Date: 18-12-2021
Date: 28-10-2021
Business: Adv Khandesh Bagate for plaintiff present.
Adv. Bane for defendant no. 1 and 2 present.
Earlier order, continued till next date. Last chance granted to plaintiff for hearing.
Matter stands Adj for n/m hearing to 18/12/2021.
Next Purpose: HEARING
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv Vijay Dhadam for plff present.
Adv Kajal Agarwal for deft no. 1 present.
Adv Roshan Sawant for deft no. 3 to 6 present.
Earlier order to continue till next date.
Matter stands Adj for NM Hearing to 01/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Matter pertains to C. R. No. 02.
Plff present.
Adv Bagate for plff present.
Adv Subhash Bane for deft present.
Earlier order to continue till next date.
Matter stands Adj for NM Hearing to 24/03/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Advocate Mr. Vijay Dhadam for plaintiff present.
Advocate Mr. Subhash Bane for defendant present.
Advocate for both parties submitted that there are chances of settlement between the parties out of the court.
Earlier order to continue till next date.
Matter is adjourned for NM hearing to 19-04-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 24-03-2022
Business: Advocate Mr. Vijay Dhadam for plaintiff present.
Advocate Mr. Subhash Bane for defendant present.
Advocate for both parties submitted that there are chances of settlement between the parties out of the court.
Earlier order to continue till next date.
Matter is adjourned for NM hearing to 19-04-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv Bagade for plff present.
Adv Subhash Bane for deft present.
Earlier order continue till next date.
P. O. is busy in hearing urgent NM 1092/2022 and 1187/2022 in SU 637/2022.
Matter stands Adj for NM Hearing to 30/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv Khandesh Bagate for plff present.
Adv Gurjyot Singh for deft no. 1 and 2 present.
Earlier order to continue, if any.
P. O. is busy in dictating Judgment in SU 7780/1998.
Hence matter stands Adj for NM Hearing to 18/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Vijay Dhadam for plaintiff present.
Adv. Bane for defendant No.1 and 2 present.
Earlier order if any to continue till next date.
Adj. for NM hearing to 23/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 18-07-2022
Business: Adv. Vijay Dhadam for plaintiff present.
Adv. Bane for defendant No.1 and 2 present.
Earlier order if any to continue till next date.
Adj. for NM hearing to 23/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Dhadam for plaintiff present.
Adv. Subhash G. Bane for defendant no. 1 and 2 present.
Parties are directed to give CTS number of suit property.
Earlier order continue till next date.
With consent matter is adjd for hearing to 23/09/2022.
Next Purpose: HEARING
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv.Vijay Dhadam for plaintiff present.
Adv.Subhash Bane for defendant no. 1 and 2 present.
Earlier order to continue till next date.
Parties are directed to give CTS number of suit property.
With consent matter is adjd for hearing on n/m to 20/10/2022.
Next Purpose: HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Nikhil Tapal for plaintiff present.
Adv. Kajal Agawane for defendant no. 1 and 2 present.
Parties are directed to give CTS number of suit property.
Earlier order to continue till next date.
With consent matter is adjd for hearing to 31/10/2022.
Next Purpose: HEARING
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Tapal for plaintiff present.
Adv. Bane for defendant no.1 and 2 present.
Adv. Suprita Poojari for defendant no. 3 to 5 present. KB.
L. O
Adv. Vijay Dhadam for plaintiff present.
Heard both advocate on n/m no. 1996 of 2019
Matter is adjd for order to 03/11/2022.
Next Purpose: ORDER
Next Hearing Date: 03-11-2022
Date: 31-10-2022
Business: Adv. Tapal for plaintiff present.
Adv. Bane for defendant no.1 and 2 present.
Adv. Suprita Poojari for defendant no. 3 to 5 present. KB.
L. O
Adv. Vijay Dhadam for plaintiff present.
Heard both advocate on n/m no. 1996 of 2019
Matter is adjd for order to 03/11/2022.
Next Purpose: ORDER
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Dhadam for plaintiff present.
Adv. Bane for defendant present.
Adv. Kolge for defendant no. 2 to 5 present.
FRSR following orde passed :-
Order
NOTICE OF MOTION NO. 1996 OF 2019
IN
S.C.SUIT NO.1885 OF 2019
ORDER
Notice of motion no.1996 of 2019 is hereby allowed without costs.
2. The defendant no.1 and 2 are hereby restrained from evicting the plaintiff from the suit premises till the final decision of suit.
3. It is made clear that the defendant no.1 and 2 are not restraining from enjoying their joint possession along with plaintiff in the suit premises.
With consent matter is kept in Lok-adalt to be held on 12/11/2022.
Matter is adjd for settlement to 12/11/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Adv. Khandesh Bagatefor plaintiff present.
Adv.Subhash Bane for defendant Nos. 1 and 2 present.
Plaintiff and defendant Nos. 1,2 and 4 are present.
Defendant Nos.4 is power of attorney holder for defendant No. 3 and 6 present.
Defendant No. 5 is appeared through whatsapp video call and undertakes to attend the Court for signing settlement consent terms within 15 days.
Parties have admitted the contents of the compromise, hence accepted and recorded. Award be passed in terms of Exh.9. Decree be drawn up accordingly. Court fees, be refunded, if any, to the plaintiffs, as per rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 12-11-2022