Date: 11-07-2019
Business: Advocate Mr. Redekar present for Plaintiff and prayed for issuing fresh writ of summons. O-Granted.
None present for Defendant.
As the court is busy in recording of evidence in Suit No. 9820/99 and High Court expedite matter suit No.8606/93. Hence, board is discharged.
Case is adjourned to 28.08.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Advocate Ashish Naikh for Plaintiff present
Advocate Ram Pawde for Defendant no.1 present and submitted that Defendant no.1 has instructed him that Defendant no.1 will empower him to appear in the matter.
Plaintiff is directed to file affidavit of service on next date.
Case is adjourned to 04/11/2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Advocate Rajesh Naik for Plaintiff present and submitted that on next date he will file affidavit of service of writ of summons. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 21/01/2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Plaintiff present.
Advocate Mr. Ram Pawde for Defendant no.1 present and submitted that on next date he will file vakalatnama for Defendant no.1. Considering submissions adjourned.
Plff to file affidavit of service of writ of summons.
Case is adjourned to 07/04/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: SERVICE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 10/03/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present for the plff.
Roznama dt.21.01.2020 shows that adv. Mr. Ram Pawde had appeared on that date and had given undertaking that he will file vakalatnama for deft No.1 on the next date. Vakalatnama is not filed till date by the said advocate. Plff has not filed affidavit of service of writ of summons till date.
Plff is directed to file affidavit of service so as to enable the Court to proceed with the suit in accordance with the law.
Matter is adjd. for filing affidavit of service to 10.06.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Presiding Officer is on half day leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Plaintiff present in person.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Plaintiff seeks time to file affidavit of service by submitting that he has served the deft with writ of summons twice.
Adv Mr. Dubey appeared and filed vakalatnama on behalf of deft No.1 at Exh.5.
Matter is adjd. for WS of deft No.1 and filing affidavit of service to 28.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for plff.
Adv.Mr.Vijay Dubey for deft No.1 present and filed written statement by submitting that plff has yet not filed affidavit of service. Roznama dt.02.09.2021 shows that plff had claimed time to file affidavit of service by submitting that he has served the deft twice with writ of summons. It is necessary to consider whether the writ of summons is served on deft and what is the date of the service of writ of summons and whether the WS of deft No.1 is within time as is prescribed by O-8 R-1 of C.P.C. Since plff is not present today, the WS is kept on record with direction that in case of failure of the plff to file affidavit of service on next date, WS will be taken on record.
Adjd. for affidavit of service/order to 13.12.2021.
Judge
L.O.12.05 p.m.
Plff present in person and filed affidavit of service of writ of summons on the deft Nos.1 and 2.
Already adjd. to 13.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: None present for plff.
Adv Ms. Narvekar h/f Adv Dubey present for deft.No.1 and submitted that WS is already filed by deft No.1 on previous date. Affidavit of service on previous date by the plff shows that plff has not produced the postal acknowledgment to show as to when the writ of summons sent by RPAD is served on the deft No.1.
Plff to file postal acknowledgment .
Matter is adjd. for compliance and order to 24.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv Mr. Ashish Naik present for plff. and submitted that WS filed on 28.10.2021 by deft No.1 is within time.
None present for defts.
In view of the statement made by ld. Advocate for the pff today, WS tendered on 28.10.2021 by deft No.1 is taken on record and it is marked as Exh.6.
Deft No.1 shall serve the copy of WS on the plff if not already served.
Matter is adjd. for service affidavit in respect of deft Nos.2 and 3 to 09.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: None present for plaintiff.
Matter adjd to 25.07.2022 for service affidavit in respect of deft.2 and 3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Plaintiff in person present. He requested for time. He submits that writ of summons on defend No.2 and 3 are to be served again.
Order The plaintiff is allowed to serve writ of summons on defendant No.2 and 3 afresh.
None for defendant.
Matter adjd for service Affidavit to 10.10.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: None present for both sides.
Matter adjd to 09.01.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv.Shailesh Redekar for plaintiff present.
None present for defendant No.1.
Adv.Parmeshwar Bhise for defendant No.2 present. He undertakes to file vakalatnama on next date.
Defendant No.2-chairman and secretary present.
Matter adjd to 10.03.2023 for due appearance of deft.No.2 and compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Plaintiff present.
Adv.S.S.Redekar for plaintiff present.
None present for defendant.
None present for defendant No.2. Read the roznama dated 09.01.2023. The defendant No.2 was expected to file vakalatnama and written statement.
Matter adjd to 26.04.2023 for order against deft.No.2.
Next Purpose: ORDER
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: None present for plaintiff.
Adv. Sarika Dubey for defendant No.1 present.
Adv. Parmeshwar Bise for defendant No.2 present and filed vakalatnama for defendant No.2. TOR. Exh.07.
The defendant No.2 also filed written statement. The advocate for defendant No.2 submitted that the summons are not served upon the defendant. Service affidavit to that effect is not on record, hence, written statement is taken on record and marked as Exh.08.
Defendant No.2 to serve copy of written statement to plaintiff.
Matter adj. to 24.07.2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Next Purpose: SERVICE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Adv. Redekar for plaintiff present.
None for defendant
Matter is adjd.to 05-12-2023 for issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Redekar plaintiff present.
Adv. Dubey for defendant No.1 present.
Adv. Bhise for defendant No.2 present.
Parties to file draft issues.
Matter is adjourned to 23.01.2024 for Draft issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Adv. Redekar a/w plaintiff present.
Adv. Vijay Dubey for defendant no. 1 present.
Matter is adjourned to 21-02-2024 for draft issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Adv. Redekar for plaintiff present.
None for defendant
Matter is adjourned to 05-04-2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: None for plaintiff.
Adv. Vijay Dubey for defendant no. 1 present.
Matter is adjourned to 12-06-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Plaintiff in person present.
None for defendant
Matter is adjourned to 05-08-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE (C.R.NO.62)
None for plaintiff.
Adv.Babu M.B.for defendant No.1 present.
Matter is adjourned to 09/10/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Adv. S. S. Redekar a/w plaintiff present and filed application of withdrawal of suit. It is taken on record and marked as Exh.9.
Adv. Vijay Dubey for defendants present.
O- Other side to say.
The present suit is for injunction against defendants that they should not disposses the plaintiff from the suit property without following due process of law. However Suit No. 5278/2024 is filed by the defendants of this suit against the plaintiff for the recovery of possession of suit property. The defendant No.1 and 2 have not taken objection for allowing the withdrawal of suit. In view of this I do not find anything contrary so the permission for withdrawal of suit deserves to be granted, accordingly following order is passed
Order
1. Application Exh.9 is allowed as prayed.
2. Suit No.1529/2019 is hereby withdrawn cum dismissed for want of prosecution.
3. No order as to costs.
4. Bill of costs be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-10-2024