Mr. Krishna Mahadeo JoshiVsM/s. Atharav Homes +4 more

Date: 24-06-2019
Business: Advocate Mr.Rizwan Shaikh h/f Adv. Karan Maharana for Plaintiff present and submitted that Plaintiff is in difficulty for service of writ of summons hence service of writ of summons may be made through bailiff from sheriff\''s office. Considering submissions, issue writ of summons through bailiff of sheriff\''s office of Mumbai.
None present for Defendant.
Case is adjourned to 24/09/2019 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: None present for Plaintiff.
Advocate Shabana Sothe for Defendant no.1 to 3 present
Case is adjourned to 11/11/2019 Service.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Advocate Smita Jagtap for Plaintiff present and filed registered Chamber Summons no.2015/2019 with affidavit in support (Already disposed off), t.o.r.  Plaintiff advocate sought extension of time for amendment in the plaint.  O-Extension granted till next date.
Advocate Shabana Sothe for Defendant no.1 to 3 present.
Case is adjourned to 17/12/2019 for Compliance  / amendment in the plaint / service of amended plaint upon Defendants.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Advocate Firoz Shaikh for Plaintiff present and filed affidavit of service of Chamber Summons no.2015/19 which is already disposed off.
Advocate Rahul Rajbhar for Defendant no.4 and 5 filed vakalatnama for Defendant no.4 and 5, t.o.r.
Court is busy in dictating Judgment in suit 8136/86 and court has to record cross-examination in suit no.753/16, hence case is adjourned to 14/01/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Advocate Mr. Firoz Shaikh for Plaintiff present and submitted that Chamber Summons no.2015/19 is already disposed off and amendment in view of order from said Chamber Summons is already carried out.  Thereafter, service of amended plaint is also made on Defendants and now the suit should have been fixed for Written Statement, however the matter is shown for Chamber Summons reply.
Advocate Ms. Shabana Sothe for Defendant no.1 to 3  present
Advocate Mr. Rahul Rajbhar for Defendant no.4 and 5 present
Both the learned advocates for Defendants also submitted that suit is necessary to proceed for filing Written Statement.  Considering submissions, stage of the suit should be shown as for filing the Written Statement by Defendants.
By consent, case is adjourned to 24/03/2020 for filling Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 10/12/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 23/02/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None present for both parties.
As per order dt.05.11.2019, plffs were directed to serve copies of amended plaint on the deft and to file typed copy of amended plaint on record.
Roznama dt.14.01.2020 shows that matter was adjourned for filing WS of defts. Defts failed to file written statement hence, suit to proceed without WS.
Matter is adjd for evidence without WS to 06.05.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Plaintiff Krishna Mahadeo Joshi is present in person with adv.Mr. Devang Parmar.
Adv. Mr. Dewang Parmar filed vakalatnama at Exh.4 on behalf of plaintiff with no objection of previous advocate.
Plaintiff filed applicant at Exh.5 for seeking permission to withdraw the suit. Verified the contents of the application from plaintiff. Plaintiff submitted that he wants to withdraw the suit unconditionally.
Perusal of the record shows that suit is ordered to be proceeded further without WS against all the defendants. Any interim order is not passed in the suit in favour of the plaintiff. Considering those aspects, suit is allowed to be withdrawn unconditionally.
Thus suit is disposed off as withdrawn unconditionally  by the plff.
Court fees be refunded to the plaintiff as per rules.
Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-03-2021

CHAMBER SUMMONS/102015/2019

Filing Number: 105040/2019
Filing Date: 23-04-2019
First Hearing Date: 24th June 2019
Decision Date: 19th March 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE