Mohan Dagadu JagadhaneVsGangubai Madhukar Jagadhane and Ors

Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Advocate A. A. Ansari for Plaintiff present and filed registered C/s  no.1588/2019 with affidavit in support, t.o.r.
Advocate Sweta Valecha h/f Adv. Prajot Jaggi for Defendant no.1 and 5 present
Advocate Snehal Gambhir h/f Adv.Dhananjay Bhosale for Defendant no.6 present
Case is adjourned to 06/11/2019 for Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Advocate Mr.A. A. Ansari for Plaintiff present and sought time to file affidavit of service in respect of Defendant nos.5a to 5d.  Copy of amended plaint is served upon advocate for Defendant no.1.
Advocate Mr. Sachin Agavne for Defendant no.1 present
Advocate Mr. B. S. Bhosale for Defendant no.6 present
Case is adjourned to 30/03/2020 for filing affidavit of service of writ of summons in respect of Defendant no.5a to 5d.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 30-03-2020
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: 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: 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: SERVICE
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: SERVICE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present for plaintiff.
None present for defendant.
As nobody present for both the parties, considering present pandemic condition matter is adjd. for service to 26.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 20-07-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-09-2021

Date: 20-07-2021
Next Purpose: SERVICE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: None present for both the parties.
K.B.
L.O. at 3.45 p.m .
None present for plff.
Adv Mr.Prashant Rai h/f Adv Mr. Jaggi for deft No.1 present.
As nobody is present for the plff, matter is adjd. at same stage till next date.
Matter is adjd. for  service to 18.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2021

Date: 15-09-2021
Business: None present for both the parties.
K.B.
L.O. at 3.45 p.m .
None present for plff.
Adv Mr.Prashant Rai h/f Adv Mr. Jaggi for deft No.1 present.
As nobody is present for the plff, matter is adjd. at same stage till next date.
Matter is adjd. for  service to 18.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv Mr. Ansari for plff present and filed preceipe/pursis for informing the Court that the deft No.2 Taibai expired on 30.01.2021.
Adv Mr. Sachin for deft No.1 present.
Adv for plff seeks time to take steps.
Matter is ajd. for steps to 18.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-03-2022

Date: 18-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv Mr. Ansari present for plff.
Adv Ms.  Daksha Parmar h/f Adv Jaggi present for deft.Nos.1 and 5 and filed draft NM alongwith affidavit in support for rejection of plaint. O- Leave to register is granted.
Copies given to the adv for plff.
Matter is adjd. for NM reply to 20.06.2022.
Judge
L.O.at 4.15 p.m.
Adv Mr. Ansari present for plff. and filed draft Ch/s alongwith affidavit in support for bringing on record HLRs of deceased deft No.2. O- Leave to register is granted with direction to serve the proposed legal heirs.
Already adjd. to 20.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv.A.A. Ansari for plaintiff present.
Adv.Ankita Mohite h/f.Adv.Jaggi for defendant No.1 and 5 present. She filed registered NM No.1640/2022 (O-7, R-11) a/w. Affidavit in support. The plaintiff received copy of NM No.1640/2022
The plaintiff filed registered Chs No.416/2022 a/w. Affidavit in support. The plaintiff to serve the copy of ch/s. on the defendants. Private service is allowed.
By consent matter adjd to 10.08.2022 for reply in NM No.1640/22 and ch/s.
Next Purpose: REPLY
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None present for pltff.
Adv.Prashant Rai h/f.Adv.Jaggi for deft.No.1 and 5 present.
The pltff has received copy of NM 1640/22 on last date but failed to file reply. He is also absent today.  Hence, NM No.1640/22 to proceed without reply.
Matter adjd to 19.10.2022 for hearing of NM 1640/22 and service affidavit in chamber summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022

Date: 10-08-2022
Business: None present for pltff.
Adv.Prashant Rai h/f.Adv.Jaggi for deft.No.1 and 5 present.
The pltff has received copy of NM 1640/22 on last date but failed to file reply. He is also absent today.  Hence, NM No.1640/22 to proceed without reply.
Matter adjd to 19.10.2022 for hearing of NM 1640/22 and service affidavit in chamber summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv.Daksha Parmar h/f.Adv.Jaggi for deft.No.1 and 5 present. She orally requested for time. None present for plaintiff and rest of the defendants.
Matter adjd to 16.01.2023 for hearing of NM 1640/22 and service affidavit in ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 19-10-2022
Business: Adv.Daksha Parmar h/f.Adv.Jaggi for deft.No.1 and 5 present. She orally requested for time. None present for plaintiff and rest of the defendants.
Matter adjd to 16.01.2023 for hearing of NM 1640/22 and service affidavit in ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: None present for plaintiff.
Adv.Daksha Parmar h/f.Adv.Jaggi for defendant No.1 and 5 present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 17.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None for plaintiff present.
Adv.Ms.Poonam Rajbhor h/f Adv.Jaggi for def. nos.1 and 5 present. She orally requested for adjournment.
Matter adjd to 16.06.2023 for N/M. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: None for plaintiff.
Adv. Pallavi Kulkarni i-b Prajot Jaggi for defendant no. 1 to 5 present.
Matter is adjd. to 26-07-2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2023

Date: 26-07-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: None present for plaintiff.
Adv. Daksha Parmar for defendant no. 1 and 5 present.
heard The Ld. Counsel for  def. 1 and 5 in NM 1640 of 2022.
Matter is adjd.to   03-10-2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: None for plaintiff.
Adv. Poonam Rajbhar for defendants no. 1 and 5 present.
As court is busy in dictating judgment in suit no.SU 1916/19 . Hence, matter adjourned.
Matter is adjd.to 18-10-2023 for Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Next Purpose: NM  ORDERS
Next Hearing Date: 26-10-2023

Date: 18-10-2023
Business: None for plaintiff.
None for defendant
kb
later on 1.15 pm.
as court is busy hence for want of time matter adjourned to 26-10-2023 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: None for plaintiff.
Adv. Daksha Parmar for defendants no. 1 and 5 present.
Matter is adjd.to 13-12-2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. for plaintiff present.
None for defendant
Matter is adjourned to  19-12-2023 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: None for plaintiff.
Adv. Satish Mishra for defendants no. 1 and 5 present.
Matter is adjourned to 09-02-2024 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: None for plaintiff.
Adv. Prashant Rai for defendants no. 1 and 5 present.
Due to paucity of time Matter is adjourned to 27-02-2024 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: None for plaintiff.
Adv. Poonam  for defendants present.
Matter is adjourned to  13-03-2024 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2024

Date: 13-03-2024
Business: None for plaintiff.
Adv. Daksha Parmar h/f. Adv. Prajot Jaggi for defendant no. 1 and 5 present.
k.b.
later on 5.10 pm.
Order
From the perusal of the Ch/s. No. 416/2022 is would reveal that since the defendant no. 2 Smt. Taibai T. Gaikwad expired on 30.01.2021 leaving behind her two sons namely Dipak T Gaikwad and Bhimrao T. Gaikwad, the plaintiff has taken out the present Chamber summons to substitute the said deceased defendant no. 2 by her said legal heirs / representatives on 31.03.2022 . From the perusal of the plaint it is apparent that the suit is for partition, possession of the undivided share of the plaintiff in the suit premises, for injunction e.t.c. Thus the right to sue survives. The death of said deceased defendant no. 2 having occurred on 30.03.2021 during the pandemic situation of Covid-19 , during which the Honble Supreme Court by its order passed from time to time in suo moto writ (Civil) petition No. 3/2020 extended the period of limitation, the present Chamber summons is deemed to have been filed within the period of limitation prescribed under article 120 of the Limitation Act. Hence, the Chamber summons deserves to be allowed.
Consequently,I proceed to pass following order.
ORDER
1. Chamber Summons No. 416 of 2022 is made absolute in terms of prayer clause (a) and (b).
2. plaintiff shall carry out the amendment in the plaint and NM No. 1661/2019 as per the Schedule annexed to the Chamber summons within a period of two weeks.
3. Chamber Summons stands disposed of accordingly.
Matter is adjourned to  27-03-2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2024

Date: 20-04-2024
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: None for plaintiff.
Adv. Daksha Parmar h/f Adv. Prajot Jaggi for defendant no.1,5a to 5d   present.
As per order 13-03-2024 plaintiff has not carried out amendment in the plaint and NM No. 1661/2019 and today neither plaintiff nor his advocate present when matter is called.
Matter is adjourned to 24-07-2024 for further order on NM No. 1661/19 and hearing on NM No. 1640/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: None for plaintiff.
Adv. Prashant Rai h/f. Adv. Prajot Jaggi for defendant No. 1, 5a and 5d present.
Today the matter is for carrying out amendment in the plaint and NM No. 1661/19 but four dates are lapsed and plaintiff failed to carry out the amendment.
Matter is adjourned to  03-10-2024 for hearing in NM 1640/22 and order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-11-2024

Date: 21-11-2024
Business: None for plaintiff present.
None for defendant.
As per order dtd. 13.03.2024 plaintiff has not carried out amendment I the plaint and in NM No. 1661/2019. Today neither plaintiff nor his advocate is present when matter is called. Therefore in view of this I am of the view that plaintiff is not interested in proceeding with the notice of motion so NM No. 1661/2019 is hereby dismissed for want of prosecution so accordingly notice of motion is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 21-11-2024

Main Case No: SUIT/0100858/2019
Main Cnr: MHCC010031912019
Main Filing No: 111447

Registration Number: 101661/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 105057/2019
Filing Date: 24-04-2019
First Hearing Date: 07th June 2019
Decision Date: 21st November 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE