Mrs. Kuldip Kaur SaccharVsMr. Gurindersingh Partapsingh Bawa +5 more

Date: 12-11-2020
Business: CORAM H.H.J. SHRI. S.C. PATHARE, JUDGE C.R.NO.05
By praciepe.
Matter pertains to CR No.6
Adv PS Abroll for plaintiff present.
None present for the defendant.
Adv of plaintiff submitted affidavit of service to defendant no.1,3 to 6. Marked as Exh.2.
LO at 1.15 pm.
Adv of plaintiff filed an affidavit alongwith application for publication in newspaper for service on defendant no.2. tor. Marked as Exh.3.
Matter already adjourned for arguments on application Exh.3 to 24.11.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: None present for plaintiff.
Adv. Dhuri for defendant/BMC present..
Matter adjd. to 10.12.2020 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Advocate P. S. Abrol for plaintiff present. He argued on Exh-3. Def. no. 2 is not found on the address.  Therefore, he has asked for substituted service. Order - Allowed as prayed.
Adv. Mrs. Jadhav for def/BMC present.
Adjourned for affidavit of service to 20/01/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Matter pertain to C.R.06.
Adv. Mr. P.S. Abrol for plaintiff present and filed affidavit of service at Exh.4.
Adv. Mr. Atul Gupta h/f Adv. A. B. Shinde for defendant no.5 present and filed vakalatnama at Exh.5.
Adv. Ms. Deepali Patil for deft.no.6/MCGM present.
Matter is adjd. for order to 15.02.21.
Next Purpose: ORDER
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Advocate for plaintiff present.
Advocate Nandesh Mane for defendant no. 1 present and filed V.P. (Exh-6)
Defendant no. 2 is served vide documents at Exh-4. He failed to appear. Defendant no. 3, 4 have failed to appear despite service (documents at Exh-2). Therefore suit to proceed ex-parte against defendants no. 2 to 4.
Advocate for defendant no. 5 present
None for defendant no. 6/BMC.
Adjourned for Ex-parte hearing against defendant no. 2 to 4, filing W.S. by defendant no. 1,5,6 subject to limitation to  09/04/2021.
Next Purpose: HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: None present for plaintiff.
Advocate  for defendant/BMC present.
Adjourned for Hearing to 05.07.2021.
Next Purpose: HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present for plaintiff.
Adv. Smt. Deepali Patil for defendant/BMC present.
Advocate for defendant no. 1 present
He tendered draft N/M along with affidavit and written statement.
O-Leave is granted to register draft N/M.
Copy served to be other side.
Advocate for defendant no. 3 present and requested to extend the time to register the N/M. O-time granted till next date.
Adjd for N/M Reply to 07/10/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: None  present  for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate for Defendant No. 1 present and filed registered  N/M No. 1971/2021.
Advocate for Defendant No.3 present and filed registered N/M 1711/2021
Plaintiff is granted last chance to file reply to the Notice of motion
Adjd for N/M Reply to  23.11.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate for defendant No. 3 present.
Advocate for defendant No. 6 present.
Plaintiff is granted last chance to file reply on N/M  1711/2021
Adjd for N/M Reply to  27.01.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for NM Reply to 05.04.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Advocate for Pradnya Kadam h/f. Adv. Abhay Singh for plaintiff present.
Advocate Smt. Meena Dhuri for defendant No. 6/BMC present and filed Draft Notice of Motion along with Written Statement and list of documents.
Advocate Nandesh Manek for defendant No. 1 present.
O- Leave granted to register.
Advocate Meena Dhuri for defendant/BMC filed registered NM No. 1282/2022.
Plaintiff is directed to file reply on NM No. 1971/2021 and NM No. 1282/2022 on next date without fail, as a last chance.
Adjd for NM Hearing to 12.04.2022 at 11:30 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Advocate Pradnya Kadam for plaintiff present.
Advocate Nandesh Manek for Defendant No.1 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate for plaintiff filed reply to Notice and Motion No.  1971/2021 and also filed reply to Notice of Motion No.  1282/2022 itself.
Heard arguments on both sides on Notice of Motion No. 1971/2021 and Notice of Motion No. 1282/2022.
Following Separate order passed on Notice of Motion No. 1971/2021.
ORDER
1. The Notice of Motion No.1971/2021 is allowed.
2. Delay of 120 days is condoned in the interest of justice.
3 Defendant No. 1 is granted permission to file written statement in the interest of justice
4. The Notice of Motion No. 1971/2021 is disposed off.
Written statement of Defendant No.1  t.o.r. Marked as Exh.8
O Read and Recorded
And
Following Separate order passed on Notice of Motion No. 1282/2022
ORDER
1. The Notice of Motion No.1282/2022 is allowed.
2 Defendant No. 6/BMC is granted permission to file written statement in the interest of justice.
3. The Notice of Motion No. 1282/2022 is disposed off.
Written statement of Defendant No.6/BMC  t.o.r. Marked as Exh.9
O Read and Recorded
Adjd for NM Hearing on N/M 1711/2021 to  07.07.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Advocate for plaintiff present.
Advocate for Defendant No. 1 present.
Advocate Smt. Meena Dhuri for defendant No. 6/BMC present.
Adjd for NM Hearing to  20.09.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to  20.12.2022
L.O. 3.10.p.m
Advocate for defendant No. 3 present
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: None present for plaintiff
Advocate for Defendant No. 3 present
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to  21.02.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: None present for plaintiff
Advocate Darshan Kaku for Defendant NO. 3 present.
Advocate Shri. Sunil Khandagale for defendant/BMC present.
Adjd for NM Hearing to  04.05.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: Advocate  Tushar Kadam h/f Abhay Singh for plaintiff present.
Adv.  J.P. Thakkar for defendant No,. 3 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to  20.06.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: As P.O. is on Training to Uttan, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Advocate Abhay Singh Shinde present for plaintiff and filed reply to NM no. 1711/21 itself.
Advocate Meena Dhuri present for defendant/BMC.
Advocate J. P. Thakur for defendant no. 3 present.
Heard arguments on both side on NM no. 1711/2021.
F.R.S.R. Following order is passed on Notice of Motion No. 1711/2021.
                                   ORDER
1.
Notice of motion NO.1711/2021 is made absolute in terms of prayer clause (a) and (b).
2.
Both the parties to take note of this order.
3.
Cost in cause.
4.
Notice of motion No.1711/2021 is disposed off.
WS of defendant no. 3 taken on record and marked as Exh. 10.
O- read and recorded.
Matter adjourned for Nm hearing to 03-10-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
As plaintiff and his advocate are absent, Matter adjourned for Nm hearing to 07/12/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
As plaintiff and his advocate are absent, Matter adjourned for NM hearing to 22/2/24.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Advocate P S Abrol present for plaintiff and sought adjournment. O- Granted.
Advocate Meena Dhuri present for defendant/BMC.
Adv. J P Thakkar  for defendant no. 3 present.
Matter adjourned for NM hearing to 23.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Advocate Prablin Singh Abrol present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Defendant no. 1 and 2 absent.
Adv. Darshan Kaku h/f Adv. J P. Thakkar for defendant no. 3 present.
Matter adjourned for NM hearing to 01.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Advocate Tushar Kadam h/f Adv. Abhay Singh present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC no. 6.
Defendant no. 1 to 5 absent.
Matter adjourned for NM hearing to 04.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Adv. Ms J. P. Thakkar  for defendant no. 3 present.
None present for defendant no. 1, 2, 4 and 5.
As per record defendant no. 1, 3 and 6 filed Written statement vide Exh. 8, 10 and 9 respectively. Already suit proceed ex parte against defendant no. 2 vide order dated 15.02.2021.  Defendant no. 5 though appeared vide Exh. 5 on 20.01.2021 but fails to file Written statement. Hence suit proceeds without WS of defendant no. 5.
Matter adjourned for draft issues to 16.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: Advocate Abhay Singh present for plaintiff and sought adjournment. O- Granted.
Advocate Amar Patil h/f Adv. Jyoti Mhatre present for defendant/BMC.
Matter adjourned for draft issues to 08.04.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: Advocate Abhaysing Shinde present for plaintiff and sought adjournment for filing draft issues. O- Granted.
Advocate Anand Khairnar present for defendant/BMC.
Adv. Nandesh Mane for defendant no. 2 present.
Matter adjourned for draft issues to 31.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: None present for plaintiff.
Advocate  G. V. Jawale h/f Adv Ruhi Hajare present for defendant/BMC.
None for present for defendant No.2.
Matter adjourned for draft issue to 07/10/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: None present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for draft issues to 15.01.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-01-2026

Date: 15-01-2026
Business: As per office order No. 14 of 2026 dated 12-01-2026 on account of polling day declared for General Election of Municipal Corporations in Mumbai Metropolitan Region Holiday is declared on 15-01-2026. Hence the matter is adjourned on 07-02-2026. Parties to take note and act accordingly.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: None present for the plaintiff.
Advocate S. R. Yadav present for defendant/BMC.
Issues are framed at Exhibit 11.
Matter adjourned for filing evidence of plaintiff/RE to 24.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: Advocate Abhay Shinde present for the plaintiff and seeks time for filing evidence of plaintiff. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff/RE to 09.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: None present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Adv. Nandesh Manek for defendant No. 3 present.
Matter adjourned for recording evidence as last chance to 11.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: None present for the plaintiff.
Advocate Kamini Pagare present for defendant/BMC.
Considering the element of settlement, matter is kept in Lok Adalat which is scheduled to be held on 12.09.2026. Parties to take note.
Matter adjourned for Lok Adalat to 12.09.2026.
Later on at 3.25 pm
Later on Advocate Prablin Singh Abroi present for plaintiff.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-09-2026

Date: 12-09-2026
Business: Matter pertains to Court Room No.06
None present for plaintiff.
Adv. Ms. Pagare for defendant/BMC is present. Mr. Mangesh Satish Thombre, Head Clerk is present.
Matter not settled.
Matter be posted to 08.12.2026 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-12-2026

NOTICE OF MOTION/101971/2021
NOTICE OF MOTION/101282/2022
NOTICE OF MOTION/101711/2021

Filing Number: 104948/2020
Filing Date: 13-10-2020
First Hearing Date: 12th November 2020
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE