Mr. Archana Vaibahv Dabolkar Nee Miss Archana Chandrakant AbhangVsSmt. Shanta Chandrakant Abhang +2 more

Date: 14-12-2020
Business: Adv. Ritesh Jadhav for plaintiff present and seeks time to file affidavit of service. Time granted
Matter stands adj. for affidavit of service to  30.01.2021
Later on
Adv. Priyanka Shukla h/f Swapnil Ambure for Defendant present and filed VP.
VP
Matter stands already adj. to  30.01.2021
Next Purpose: SERVICE
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Advocate Ritesh Jadhav for plaintiff present and filed affidavit of service. TOR and marked as Exh.3.
O- Seen
Advocate for Plaintiff filed original writ of summons. TOR and marked as Exh.4.
O-Seen.
He also tendered registered Notice of Motion No.1817/20  along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Pratiksha Agarwal h/f adv. Swapnil Ambure for defendant present and filed vakalatnama.TOR and marked as Exh.5.
O- Filed.
The case is adjourned to 20.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: None present.
The case is adjourned to 07.06.2021 for NM hearing.
LO at 3.40pm,
Advocate Ms. Panda h/f adv. Aamre for defendant no. 1 and 2 present.
Already the case is adjourned to 07.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: Adv. Mr. Sarvesh Gosavi for defts no.1 and 2 present
In view of office order No. 100/2021 dtd. 04.06.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Adjd to 22.07.2021 for N/M hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Matter called out at 3.59 p.m.
None present.
Matter stands adjourned to 20.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is on leave. Hence, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None present for plaintiff.
Adv. Deepak Patel h/f Swapnil Ambure for defendant present.
As court is busy in final hearing in SU No.7165/2001
Matter stands adjourned to 19.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Ritesh Jadhav for plaintiff present.
Adv. Swapnil Ambure for defendant present.
As court is busy in dictating order in CS No.1938/2021.
Matter stands adjourned to 05.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None present for plaintiff.
Adv. Deepak Patel h/f Adv. Swapnil Ambure for defendant present.
Matter stands adjourned to 30.08.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Deepak Patel for defendant present. He tendered affidavit of service in NM No.1704/21. TOR.
None present for plaintiff.
Matter stands adjourned to 25.11.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: None present.
K.B.
later on at 3.27 p.m.
Adv. Divyashree Shanbaug h/f Swapnil A. for defendant present.
None present for plaintiff.
Matter stands adjourned to 08.02.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Ritesh Jadhav for plaintiff present.
None present for defendants.
The summons to Deft. no.3 is received by her mother-in-law as per Exh.04, but she failed to appear in Court. Hence, proceed ex-parte against Deft. No.3.
Plaintiff tendered reply to NM No.1704/21 overleaf.
Heard advocate for plaintiff. He raised strong objection to the Motion contending that no proper reason is mentioned and prayed for costs. The Deft. No.1 and 2 and their advocate are absent. Considering that the suit is for partition, it will be just and proper to allow the NM and to take the WS on record and decide the suit on merit. Hence, following order.
ORDER
1.   NM No.1704/2021 is hereby allowed.
2.   Delay stands condoned.
3.   WS already on record be exhibited.
4.   NM stands disposed off accordingly.
WS is marked as Exh.06.
NM No.1817/20 to be tagged with the suit.
Issues framed below Exh.07.
ISSUES
1.Does the plaintiff prove her share in the suit property  If yes, to what extent
2.Does the plaintiff prove that the defendants have refused to effect partition
3.Is the plaintiff entitled for the relief sought
4.What order and decree
Plaintiff to file list of witness, evidence on affidavit alongwith
documents as per list with advance copy to the other side on or
before next date.
Matter stands adjourned on 27.03.2023 for evidence.
Later on at 4.45 p.m.
Adv. Uddhav Amre h/f Adv. Swapnil Ambure For Deft. No.1 and 2
present.
Already adjourned to 27.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None present.
K.B.
Later on at 3.19 p.m.
None present.
Matter stands adjourned on 04.07.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: None for Plaintiff present.
Adv Divyashree  for defendant present.
Matter stands adjourned on 16-09-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Both side absent.
Suit is pending for evidence of Plaintiff since 27.03.2023 Plaintiff failed to adduce evidence, hence put up for dismissal order.
Latter on at
Adv Divyashree for defendant present.
Matter stands adjourned on 11-12-2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Advocate Ritesh Jadhav present for Plaintiff and seeks time for adducing evidence, however matter is pending for dismissal order.
None present for Defendant.
Matter stands adjourned on 13-02-2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Advocate Ritesh Jadhav for Plaintiff present.
None for defendant present.
Kept Back.. Later on at 11.30 am.
Advocate for plaintiff filed adjournment application. Taken On Record and marked at Exhibit-8. O - Application is allowed, time is granted.
Matter stands adjourned on 08-04-2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: None for Plaintiff present.
None for defendant present.
The roznama indicates that the matter is pending for evidence of plaintiff since 27.03.2023. But till today no evidence is adduced by the plaintiff. The roznama further indicates that the matter was continuously adjourned for dismissal since 16.09.2023. The plaintiff is directed to file affidavit in lieu of examination in chief on next date without fail. Otherwise the suit will be dismissed.
Matter stands adjourned on 15.06.2024 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: P. O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: None for Plaintiff present.
Adv. Nida Khan h/f Adv. Swapnil Ambure for defendant present.
Matter stands adjourned on  05.10.2024 for  dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: None for Plaintiff present.
Advocate Mr. Deepak Patel h/f Adv. Swapnil Ambure for defendant present.
Roznama indicates that plaintiff is continuously absent and vide order dated 08.04.2024 it is kept for dismissal. Despite of the same the plaintiff failed to adduce her evidence. Today neither the adjournment application, nor affidavit in lieu of examination of chief is filed on record. It appears that plaintiff is not willing to persue the matter. Hence, Suit No.1280/2020 stands dismissed for want of prosecution. Accordingly N/M No.1817/20  also stands disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 05-10-2024

NOTICE OF MOTION/101817/2020
NOTICE OF MOTION/101704/2021

Filing Number: 104870/2020
Filing Date: 08-10-2020
First Hearing Date: 14th December 2020
Decision Date: 05th October 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE