Anil Madhukar RautVsshirish Madhukar Raut +1 more

Date: 02-01-2020
Business: Advocate Mr. Devendra Yadav for Plaintiff present and requesting to keep the matter back.
None present for Defendant.
K.B. L.O.
Advocate Ms. Kiran Mishra for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Plaintiff\''s advocate submitted that writ of summons along with copy of Notice of Motion is served upon Defendant no.2.  Plaintiff is directed to file affidavit of service of writ of summons.
Advocate Mr. Sachin Paralkar @ Defendant no.1 present
None present for Defendant no.2.
Advocate for Plaintiff served copy of plaint along with Notice of Motion and compilation of documents upon Defendant no.1.
K.B.
L.O. at 12.45 p.m.
Advocate Mr. Sachin Paralkar for Defendant no.1 filed-
Vakalatnama, t.o.r.
Pursis informing that till filing NM reply, Defendant no.1 will not create third party interest in suit premises, t.o.r.
                          ORDER ON AD-INTERIM
Heard.  Defendant no.1 has filed pursis Exh.3 contending that till filing reply to Notice of Motion, he will not create third party interest in suit premises or he will not sale it, mortgage it and he will not execute lease about it, hence ad-interim relief in terms of prayer clause (d) of draft Notice of Motion filed by Plaintiff is granted till filling Notice of Motion reply by Defendant no.1.
By consent, case is adjourned to 25/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Advocate Devendra Yadav i/b K. P. Tiwari and Company for Plaintiff present
CA of Defendant no.1 with advocate for Defendants present and filed NM reply-cum-Written Statement of Defendant no.1 t.o.r. Written Statement of Defendant no.1 is marked as Exh.7.  Copy of NM reply-cum-Written Statement is served upon Plaintiff\''s advocate. Advocate for Defendants submitted that he is intending to file an application u/s 9A of CPC for dismissal of the suit on the point of jurisdiction. In view of amendment in section 9A of CPC Defendant can not be permitted to file such application.
Case is adjourned to 24/06/2020 for N M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
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 FOR HEARING
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: None present for Plaintiff/s.
None present for Defendant/s.
Mistake has occurred in giving exhibit 7 to the written statement of the Defendant. It ought to have been marked as Exh.4.  Mistakes occurred to that effect in roznama dt. 25.02.2020 need to be corrected for maintaining the record properly hence, corrections are made in red pen ink in roznama dt.25.02.2020 by replacing figure 7 by figure 4 at two places by the presiding officer in his own hand writing.
Plff has yet not tendered the registered Notice of Motion in the Court.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for tendering registered Notice of Motion in the Court by the Plaintiff and for hearing on said Notice of Motion to 31.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: None present for both the parties.
Considering the present pandemic condition matter adjourned at same stage beyond summer vacation.
Adjourned for NM hearing to 15/06/2021.
Judge
LO at 2.35 p.m.
Son Nirant Raut of the defendant present and submitted that he is Power of Attorney holder of defendant.
He seeks adjournment by submitting that defendant wants to change advocate.
Matter is already adjourned to 15/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None present for plff.
Adv Mr. Sachin Kadam appeared and filed vakalatnama at Exh.5 on behalf of deft No.1.
Plff has not tendered registered NM No.52/2020 in the Court till date hence, said NM be kept for dismissal order.
Matter is adjd. for NM dismissal order to 04.10.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-10-2021

Date: 04-10-2021

Date: 23-11-2021
Business: None present for plff.
CA of deft No.1 present with Adv Mr. Santosh Borkar for deft.
As nobody is present for the plff, N.M.No.52/2020 be  kept for order.
Matter is adjd. for NM order to 20.01.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv. Kadam i/b. Adv. Tiwari for plff. present and seeks adjournment.
Adv. Sachin Kadam for defendant No.1 present.
Matter is adjd. for order to 27/06/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-06-2022

Date: 25-03-2022
Business: Adv. Kadam i/b. Adv. Tiwari for plff. present and seeks adjournment.
Adv. Sachin Kadam for defendant No.1 present.
Matter is adjd. for order to 27/06/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv.Kadam h/f.Adv.Tiwari for plaintiff present.
Adv.Sachin Kadam for deft.No.1 present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 05.08.2022 for NM hearing/order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 27-06-2022
Business: Adv.Kadam h/f.Adv.Tiwari for plaintiff present.
Adv.Sachin Kadam for deft.No.1 present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 05.08.2022 for NM hearing/order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None present for pltff.
Adv.Sachin Kadam for deft.No.1 present.
The plaintiff remained absent. Failed to proceed with the NM No. 52/2020. Hence, NM No.52/2020 is dismissed in default. Suit to proceed further.
Matter adjd to 03.10.2022 for steps in respect of deft.No.2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: POA of deft.No.1 present.
None present for plaintiff.
Adv.Pratik Korgaonkar h/f.Adv.Sachin Kadam for deft.No.1 present.
Matter adjd to 22.12.2022 for steps in respect of deft.No.2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2022

Date: 03-10-2022
Business: POA of deft.No.1 present.
None present for plaintiff.
Adv.Pratik Korgaonkar h/f.Adv.Sachin Kadam for deft.No.1 present.
Matter adjd to 22.12.2022 for steps in respect of deft.No.2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: None present for plaintiff.
Adv.Sachin Kadam for deft.No.1 present.
       Read the roznama dated 02.01.2020, the plaintiff was directed to file the service affidavit about service of suit summons on defendant No.2. The plaintiff failed to comply with the same. Hence, keep the suit for dismissal against defendant No.2.
Matter adjd to 04.03.2023 at morning session for dismissal of suit against deft.No.2.
Judge
LO at 03.15 pm
Adv.Kiran Mishra i/b.K. P. Tiwari and Co. for plaintiff present.
Matter adjd to 04.03.2023 at morning session for dismissal of suit against deft.No.2.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: HHJ is on Leave.
Next Purpose: DISMISSAL
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: None present for plaintiff.
Adv. Siddharath Khedekar h-f. Adv. Sachin Kadam for defendant no. 1 present.
Matter is adjd. to 27-07-2023 for dismissal of suit against defendant no. 2.
Next Purpose: DISMISSAL
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Adv. S. R. Dubey for plaintiff present.
Adv. Sidharth Khedekar h/f Adv. Sachin Kadam for defendants no. 1  present.
None for defendant no. 2
ld. counsel for plaintiff would make submission that due to heavy rain in Mumbai. The plaintiff is unable file to affidavit of service in respect of defendant no. 2. Considering the submission the matter stand adjourned for filing service affidavit by plaintiff in respect of deft. no. 2
Matter is adjd.to 30-08-2023 for service affidavit by plaintiff in respect of deft. no. 2
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 04-11-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: None present for plaintiff.
Adv. Sachin Kadam alongwith CA  of defendant present.
Matter is adjourned to   16-12-2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: None for plaintiff.
Adv. Sachin Kadam for defendant present.
Since the plaintiff failed to serve the defendant no. 2 with the writ of summons and other documents annexed therewith and to file service affidavit since last several dates. Though the suit is kept for dismissal order against defendant no. 2, the suit stands dismissed for want of prosecution against defendant no. 2.The matter stands adjourned for draft issues.
Matter is adjourned to 29-01-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Adv. Vishwakarma for Plaintiff present.
Adv. Sachin Kadam for defendant No.1 present.
Matter stands adjourned on 07.03.2024 for taking steps/draft issues.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Advocate Yash Tiwari a/w Advocate Manil Vishwakarma for Plaintiff present and submitted that both sides are trying to settle the matter. He prayed for adjournment. O - Granted.
Advocate Sachin Kadam for defendant No.1 present.
None for other defendants present.
Matter stands adjourned on 07.05.2024 for taking steps/draft issues.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: As P.O. is on Training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv. Mani Vishwakarma for plaintiff present.
Adv. Siddharth Khedekar h/f Adv. Sachin Kadam for defendant No.1 present.
None for other defendant present.
Matter adjourned for filing draft issues.
Matter stands adjourned on 21/09/2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Adv Mr. Mani Vishwakarma for plaintiff present.
None for defendant present.
Advocate for plaintiff seeks time to file draft issues.
Matter stands adjourned on for filing draft issues to 18/11/2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
Adv. Richa Dubey i/b K. P. Tiwari and Co. for plaintiff present and seeks time to file draft issues. O- Time granted.
Adv. Siddharrth Khedkar for defendant present.
Matter adjourned for draft issues.
Matter stands adjourned on 03.02.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 26/03/2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: Adv. Richa Dubey h/f Adv. K. P. Tiwari for plaintiff present and seeks time for filing draft issues. Time granted.
Adv. Siddharth Khedekar h/f Adv. Sachin Kadam for defendant No.1 present.
None for other defendant present.
Matter stands adjourned on 26/06/2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: P.O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 13.09.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 13.09.2025  for Lok-adalat.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-09-2025

Date: 13-09-2025
Business: Matter pertains to C.R. No.  65
None for Plaintiff.
Son of defendant No.1 namely Nirant  Shirish Raut present. In absence of plaintiff matter cannot be settled. Suit is returned to regular court.
Matter adjd to 07/11/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Adv. Richa Dubey h/f Adv. K. P. Tiwari and Co. for plaintiff present.
Adv. Aditya Pawar h/f Adv. Sachin Pawar along with defendant No.1 present.
None for other defendant present.
Adv. present before the court filed joint pursis. O-Read and Record.  Taken on record and marked as Exhibit-6.
O-There appears that chance of settlement between the parties through mediation so the matter be sent to mediation.- issue notice to the concern parties.
Matter stands adjourned on 19/12/2025 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: None for plaintiff present.
CA of defendant No.1 present his Adv. absent.
None for other defendant present.
Matter stands adjourned on 22/01/2026 for mediation report.
Later on.
Adv. Khedekar for defendant No.1 present and filed pursis. O-Read and Record. Taken on record and marked as Exhibit-7.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: Adv. Richa Dubey for plaintiff present.
Adv. Priya along with defendant No.1 present.
None for other defendant present.
Mediation report is received as fail. Taken on record.
In view of pursis Exhibit-7 filed by defendant No.1 the plaintiff to take steps if any in default for necessary orders.
Matter stands adjourned on 13/02/2026 for steps to be taken by the plaintiff/ necessary orders.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: Adv. Mudra Chavan for plaintiff present.
Adv. Siddharth Khedekar h/f Adv. Sachin Kadam for defendant No.1 present.
Mediation report is received as fail. Taken on record and marked as Exhibit-8. Seen.
Matter stands adjourned on 13/03/2026 for taking steps as a last chance.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: CORAM - H.H.J. SMT. H. C. SHENDE (CR.65)
None for plaintiff.
Adv. Siddharth Khedekar for defendant No.1 present.
The plaintiff failed to take steps for defendant No.1 in view of his death. put up for necessary order in default of steps.
Matter stands adjourned on 01.07.2026 for order.
                                                                                    Judge
Next Purpose: ORDER
Next Hearing Date: 01-07-2026

Date: 01-07-2026
Business: None for plaintiff present.
Adv. Sachin Kadam  for defendant no 1 present.
Matter is for passing order for want of steps  by the plaintiff, even today plaintiff is absent and fails to take effective steps. Hence, present suit stands abated against defendant no 1.
Suit has already been dismissed against defendant no 2 for want of steps by plaintiff. Hence, nothing survives in the suit and proceeding is closed.
Nature Of Disposal: ABATED
Disposal Date: 01-07-2026

NOTICE OF MOTION/100052/2020

Registration Number: 103157/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 103157/2019
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 104565/2019
Filing Date: 12-04-2019
First Hearing Date: 02nd January 2020
Decision Date: 01st July 2026
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE