Date: 17-12-2020
Business: Adv. Shraddha Khandhadia for plaintiff present and submitted rejoinder to the reply filed by the defendant informing the court that the copy of rejoinder has been served on the defendant on 14.12.2020.
Adv. Jayant Gaikwad for defendant present and filed his written statement and sur-rejoinder to the rejoinder filed by the plaintiff. TOR. Copy served on the other side.
Written statement filed on behalf of defendant. TOR.
Perusal of record shows that the defendant has appeared through counsel in the proceeding in the suit and Mr. Jayant Gaikwad has filed the VP on behalf of the defendant vide Ex-2 on record.
Ld. counsel for plaintiff submitted that she has already served the writ of summons on the defendant and the defendant is represented by Adv. Gaikwad before the court. Hence, he submitted that filing of affidavit of service may kindly be waived. She also tendered original writ of summons on the record of the court.
In view of the above, filing of affidavit of service by the plaintiff is waived.
Earlier order dated 04.11.2020 to continue till next date.
Matter stands Adj for hearing on NM no. 1583/20 to 21.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Advocate Ms. Shraddha Khandhadia for plaintiff present and tendered draft notice of motion along with affidavit in support and additional affidavit T.O.R. Leave is granted to register Notice of Motion.
None for defendant.
KB at 2.00pm
LO at 2.10pm,
Plaintiff present.
Advocate Ms. Shraddha Khandhadia a/w advocate Sahu for plaintiff present.
Advocate Jayant Gaikwad for defendant present.
Defendant no.2 present.
Heard advocate for Plaintiff and defendants.
Advocate for Plaintiff sought ad-interim relief in terms of prayer clause (c) of draft NM. He submitted that the wife and son of defendant no.2 are obstructing the plaintiff\''s usage of the suit premises and so ad-interim relief is necessary.
Advocate for defendant submitted that defendants have already undertaken not to disturb the possession of the Plaintiff which is recorded in roznama dated 4.11.2020. He submitted that defendants stand by said statement and they have not disturbed plaintiff\''s possession or have obstructed the usage. According to him the Plaintiff himself has breached the order of the status quo passed on 04.11.2020.
Advocate for Plaintiff submitted that defendant no.2 and his family has removed plaintiff\''s articles from the room in his possession and are obstructing him from using the lavatory. Considering submissions and the order dated 4.11.2020 I do not find it proper to grant ad-interim relief as sought. This is on two counts. First that if the order of status quo is breached by defendant no.2 and/or his family members through him, the remedy is otherwise. If the Plaintiff claims that family members of defendant no.2 have breached the order on their own and so ad-interim injunction is necessary, it cannot be granted as the members of family of defendant no.2 are not party to the suit.
Advocate for defendants, on instructions of defendant no.2 who is present in Court hall, submits that neither defendant no.2 nor his family members have disturbed nor will disturb plaintiffs peaceful usage of the suit premises and the amenities therein. The statement is considered as an undertaking by defendant no.2 to the Court and is accepted.
The defendants and Plaintiff shall abide by order dated 04.11.2020.
Earlier order is to be continued till next date.
The case is adjourned to 25.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Advocate Ms. Shraddha Khandaria for plaintiff present.
Advocate Jayant Gaikwad for defendants present and filed reply to NM no.1583/20. TOR.
Copy served on advocate for Plaintiff.
Earlier order is to be continued till next date.
The case is adjourned to 07.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Due to COVID-19 pandemic the board is discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: By praecipe
Advocate Ms. Khandhadia for plaintiff present.
None for defendants.
She undertakes to file affidavit of service.
Heard advocate for Plaintiff. She submits that defendants are not allowing the Plaintiff to use the common amenities in the house such as the washing machine, the gas connection etc. despite giving an undertaking to the Court that they will not disturb the Plaintiff from using common amenities.
After hearing the advocate for Plaintiff and perusal of the plaint this Court entertains a doubt about maintainability of the suit simplicitor for injunction without asking for partition. Advocate for Plaintiff seeks time to argue on this aspect. Time is granted.
Earlier order is continued till next date.
The case is adjourned to 06.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
Matter pertains to C. R. No. 03.
Adv Shraddha Khandhadia for plff present.
She tendered draft chamber summons alongwith affidavit for amendment of plaint. Leave to register granted.
Copy served on Adv for deft.
Adv Jayant Gaikwad for deft present.
He filed surrejoinder to NM No. 212/2021. t.o.r.
Copy served on Adv for plff.
Earlier Order to continue till next date.
Matter stands Adj for CS Reply and Hearing on NM 1583/2020 and 212/2021 to 25/08/2021.
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Matter called out at 03.13 p.m.
Adv. Shraddha Khandhadia for plaintiff present.
Adv. Jayant Gaikwad for defendant present.
Plaintiff tendered registered CHS. No. 839 of 2021. TOR.
Defendant filed reply. TOR. Copy served to the other side.
Plaintiff seeking time to file rejoinder. Time granted.
Earlier interim order to continue, if any till then.
Matter stands adjourned to 06.10.2021 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Matter mentioned at 2.50 p.m.
Adv. Shraddha Khandhadia for plaintiff present. She tendered rejoinder. TOR.
Copy supplied to other side.
Adv. Jayant Gaikwad for defendant present.
Earlier order if any, to continue.
By consent, matter stands adjourned to 09.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: NOBTOB
Moved by praecipe.
O-Allowed
Matter mentioned at 5.53 p.m.
Adv. Narayan Sahu @ Adv. Shraddha Khandhadia for plaintiff present.
Plaintiff seeking extension of time to register the NM.
O-Time extended.
Adv. Jayant Gaikwad for defendant tendered reply to draft NM.
O-Seen and filed.
Copy already supplied to other side.
Matter already stands adjourned to 09.12.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Matter called out at 3.22 p.m.
Adv. Narayan Sahu I/b Adv. Shraddha Khandhadia for plaintiff present. She tendered reg. No.2784/21. TOR.
Defendant in person present.
Interim order, if any to continue till then.
Matter stands adjourned to 28.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Matter called out at 3.05 p.m.
Adv. Shraddha Khandhadia for plaintiff present. She tendered rejoinder to NM No.2784/21. TOR.
He undertakes to supply copy to the defendants.
None present for defendant.
Earlier order if any, to continue.
Matter stands adjourned to 23.03.2022 for NM/CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Matter called out at 3.07 p.m.
Adv. Pratik Shah h/f Shraddha Khandhadia for plaintiff present. He tendered affidavit of service in NM No.2784/2021. TOR.
Deft. No.1 and 2 in person present.
Both the defendants are ready to settle the dispute amicably. Hence, matter is referred judge mediator. Parties are directed to remain present at mediation without fail.
Earlier order if any, to continue.
Matter stands adjourned to 30.04.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Shraddha Khandhadia for plaintiff present.
Deft. no.1 and 2 in person present.
Mediation report received as failed. TOR. Exh.4.
Earlier order if any, to continue.
As court is busy in dictating judgment in 20 years old SU No.7753/00.
Matter stands adjourned to 15.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Shraddha Khandhadia for plaintiff present.
Defendant no.1 and 2 in person present.
Heard both the sides.
Plaintiff is seeking amendment by way of CS No.839/2021 and wants to add relief of partition and pleadings to that effect as per the schedule. The defendants have replied resisting the contention.
Today, the Defendants are present in person. They are having no objection for adding the relief of partition to the suit. They submitted that they also want partition of the suit property left by their parents. The trial is yet to be commenced, it is well settled that the court should be liberal in granting amendment when the trial is not commenced. The addition of relief will help to resolve the dispute between the brothers permanently. Hence, CS deserves to be allowed.
Consequently, I pass the following order.
CS No.839/2021 is allowed.
Plaintiff to carry out amendment within stipulated period.
The defendants are allowed to file consequential WS.
Costs in cause.
CS No.839/2021 is disposed of accordingly.
Considering the submissions of defendants there are elements of compromise. The counsel of plaintiff is directed to keep remain the plaintiff present on next date.
Earlier order if any, to continue.
Matter stands adjourned to 16.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Plaintiff and his Adv. Shraddha Khandhadia present.
He do not want to remain present at second session.
K.B.
Later on called out at 3.25 p.m.
Adv. Shraddha Khandhadia for plaintiff present. She tendered affidavit of service. TOR. Exh.04.
Deft. no. 1 and 2 in person present.
It appears that there is an advocate representing the defendants but now they say that they are unable to pay advocate fee, so they want to proceed with the suit in person. They both submitted that they are ready to give 1/3rd share to the plaintiff.
Plaintiff to take appropriate steps.
Earlier order if any, to continue.
Matter stands adjourned to 25.11.2022 for consequential WS of
defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Shraddha Khandhadia for plaintiff present.
Deft. no.1 and 2 present. They tendered affidavit cum WS. It appears that it is mentioned as affidavit but it admits the claim of plaintiff. It is in the form of WS with verification sworn in before notary. Hence, it is taken on record as WS of defendant after amendment and it is exhibited. Exh.05.
They also tendered application for production of document. TOR. Exh.06.
Copy served to the plaintiff.
Earlier order if any, to continue.
Matter stands adjourned to 25.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Narayan Sahu a/w Adv. Shraddha Khandhdia for plaintiff present.
Defendant Nos. 1 and 2 in person present.
Heard the advocate of plaintiff and defendants in person.
K.B.
Heard the advocate of plaintiff and defendant Nos.1 and 2 in person on the point of passing decree as per the provisions of Order 12 Rule 6 of CPC.
During the course of argument, the advocate of plaintiff is insisting for passing order on this motion alongwith judgment of this suit. The plaintiff has filed NM No.212/2021 claiming that the defendants have committed breach of injunction order and prayed that they should be dealt with as per the provisions of Order 39 Rule 2A of CPC. However, I am of the view that the proceeding under Order 39 Rule 2A of CPC is a separate proceeding required to be tried separately by framing appropriate points. It is an independent proceeding of criminal nature. The principle of deciding the suit is based on pleadings of the parties and decision on the issues arose out of the pleadings which is totally different proceeding from the application under Order 39 Rule 2A of CPC. Therefore, it should not be decided alongwith the suit.
I am fortified by the judgment of the Hon\'ble Bombay High Court in the case of Rampyaribai Wd/O Sukhdeo Daga V/s Niladevi Wd/O Narayandas reported in 2007 (4) Mh.LJ 213 where the Hon\'ble High Court has directed that the proceeding under Order 39 Rule 2A of CPC has to be registered as separate proceeding as miscellaneous judicial case. Thus, as per the provision of Para No.337 of Civil Manual, the motion is required to be registered as miscellaneous proceeding.
The proceeding of the motion, under Rule 187 of Bombay City Civil and Sessions Court Rules, are mainly provided for seeking interim injunction in the pending suit which is totally different from the proceeding initiated under Order 39 Rule 2A of CPC. Therefore, this motion deserves to be disposed off as not maintainable, however, plaintiff is at liberty to initiate appropriate proceeding. Hence, NM No.212/2021 stands disposed off accordingly.
Judgment. Exh.07.
Operative part. Exh.07-A.
O P E R A T I V E P A R T O F T H E J U D G M E N T
1. S. C. Suit No.1278/2020, is hereby partly decreed.
2. It is declared that the plaintiff is entitled for 1/3rd share in the suit property.
3. The defendants do deliver 1/3rd share of the plaintiff in the suit property.
4. The defendants are hereby permanently restrained from creating third party interest in the suit property to the extent of 1/3rd share of the plaintiff.
5. The plaintiff is directed to initiate final decree proceeding as required by law, forthwith.
6. The Notice of Motion No.2784/2021 and 1583/2020 are hereby disposed off in terms of final order.
7. Preliminary decree to be drawn up accordingly.
Disposal Date: 25-01-2023
Date: 01-08-2023
Business: Adv Shraddha Khandadia for Plaintiff present.
Adv Harshad Inamdar a/w respondent no. 1 and 2 present.
Exh.5 Filed V/P by advocate for respondent nos. 1 and 2. TOR.
Exh.6 Writ received in W.P.No. 3068/2023 dtd 28.04.2023 according to which the order dtd. 03.02.2023 passed by this court is set aside and the Suit No. 1278/2020 is restored. TOR.
In view of the order in W.P.No. 3068/2023 dtd 28.04.2023 Suit No. 1278/2020 is restored.
Matter stands adjourned on 14-08-2023 for steps.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Adv. Shraddha Khandhadia for Plaintiff present.
None for defendant present.
Adv. For plaintiff filed draft notice of motion. Leave granted to register. Draft N/M is returned to the plaintiff for getting to register. Adv. for plaintiff submits that she could not serve the motion upon the defendant for want of address. However, in view of the relief which is sought of final decree, it is necessary to serve the motion on defendant. Plaintiff shall serve the defendants and file affidavit of service.
Matter stands adjourned on 18-08-2023 for issues and service
of NM on defendants.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Matter pertains to C.R. No.03.
Adv. Khandadia for plaintiff is present.
None present for defendants.
The ld adv for plaintiff has tendered original NM No.2996/2023 a/w affidavit in support of it. TOR.
She has also filed affidavit of service. TOR. It is submitted that the service is effected on the ld adv for defendants namely Harshad Inamdar today itself at 12.34 p.m.
She has also filed pursis. TOR. Exh-08. O-seen.
It is submitted that the plaintiff has sent email to the advocate for defendants and defendants. The pursis is supported by copy of email. Exh-A and B respectively.
She has also filed another pursis. TOR. Exh-09. O-seen. By way of present pursis, the ld adv for plaintiff placed on record the copy of judgment passed by Honble Supereme Court in the case of Katukandi Krishnan and others VS katukandi Valsons and others.
This is a partition suit, wherein 1/3 share has been granted to the plaintiff by judgment and decree dated 25.01.2023. The pursis is also supported by order of Honble High Court dated 28.04.2023 passed in Writ Petition No.3068/2023.
As the service is effected on defendants advocate today itself therefore, in my view an opportunity need to be given to them to file their say, if any.
Defendants to file their reply on or before 25.08.2023.
Matter pertains to Court Room No.3 hence, it be kept before concerned Judicial officer.
Matter adjd to 25.08.2023 for reply on NM.
Next Purpose: REPLY
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Adv Shraddha Khandhadia for Plaintiff present.
Adv Baliram Kanwate for defendant 1 and 2 present and filed reply to NM No. 2996/23. TOR. Copy served upon Plaintiff.
Heard arguments of both sides on NM. No. 2996/2023. Matter adjourned on 08-09-2023 for order on NM No.2996/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: As court is on leave, matter adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv Shraddha Khandhadir for applicant present.
Adv Baliram Kanwate for defendant no. 1 and 2 present.
Order in NM No. 2996/2023 is partly dictated.
Matter stands adjourned on 14-09-2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Adv Shraddha Khandhadir for applicant present.
Adv Baliram Kanwate for defendant no. 1 and 2 present.
F.R.S.R following order is passed on Notice of Motion No. 2996/2023
ORDER
1. Notice of Motion No. 2996 of 2023 is partly allowed.
2. The Architect Anil Laxman Korgaonkar, resident of Varad Bunglow No.99/125, Road Rsc 35, Sector IV, Behind Charkop Bus Depot, Charkop (W), Kandivali, Mumbai-400 067, is hereby appointed as Court Commissioner to inspect the suit property i.e. flat admeasuring 380 square feet, carpet area being Flat No.18, B-Wing, Vanita Building also known as The Mazgaon Docks Employee’s Vanita Co-operative Housing Society Limited (which is now been converted and known as Vishwakarma Nagar Co-operative Housing Society), Vishwakarma Nagar, Vishwakarma Marg, Mulund (West), Mumbai-400 080 and to suggest the partition by metes and bound without destroying its intrinsic worth.
3. The Court Commissioner is directed to prepare map of proposed division of share, if possible.
4. The Court Commissioner is directed that in case the division of the property is not possible by metes and bound, he shall provide valuation report of current market value of the suit flat for further division.
5. The Decree Holder/Plaintiff and Judgment Debtor/Defendants to pay the Commissioner’s fee directly to the Commissioner.
6. The Commissioner may take police aid, if required at the cost of Decree Holder/Plaintiff.
7. The Commissioner shall submit his report within one month from the date of depositing the fees by the parties.
8. Issue Writ to Commissioner accordingly.
9. Notice of Motion is disposed of accordingly.
Matter stands adjourned on 21-09-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv Shraddha Khandhadia present for Plaintiff and seeking time. O - Time granted.
None present for Defendant.
Matter stands adjourned on 31-10-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Adv. Ms. Shraddha Khandhadia present for Decree Holder.
None present for Defendant.
Exh.10. pursis filed by DH. alongwith communication with Court Receiver filed. DH. Filed draft Notice of Motion alongwith affidavit in support. O-Leave is granted to register draft Notice of Motion. Notice of Motion is returned to the DH. for registering the same.
K.B.
Later on at 04.00 p.m.
DH tendered register NM 3924/23 alongwith affidavit of service. Duly served on JD. TOR.
Adv. Harshad Inamdar for JD No.1 and 2 present.
Adv. for JD No.1 and 2 insist that he is not received affirmed copy of NM and he should be served affirmed copy.
Advocate for DH under takes to serve the affirmed copy of NM through E-mail to JD.
DH is directed to serve the affirmed copy of NM to the JDs. The advocate for JD No.1 and 2 submitted that the JD have not deposited the cost the charges of Court Commissioner. As the order is challenged by the DH before the Honble High Court. Advocate for DH submitted that there is no stay or interim order passed by Honble High Court. Therefore, the JD can proceed by depositing charges of Court Commissioner. The JD No.1 and 2 are directed to deposit the charges of court commissioner as per order in Notice of Motion No. 2996/23 dated 14.09.2023 with in eight days from today.
JD is directed to serve copy of reply to the other side ten days before the next date.
Matter stands adjourned on 21.11.2023 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Advocate Shradha Khandhadia present for Decree Holder.
Judgment Debtor in person present.
Exhibit 11 Decree holder filed pursis showing compliance of serving NM 3924/2023 to the Judgment debtor nos. 1 and 2 through e-mail. Order- filed on record.
Kept back.. Later on at 3.30 pm.
Advocate Shradha Khandhadia present for Decree Holder.
Advocate Inamdar for Judgment debtor nos. 1 and 2 present and filed reply to NM 3924/2023. Taken On Record.
Copy served on Decree Holder.
Advocate for Judgment debtor nos. 1 and 2 submits that the charges of Court commissioner are not deposited till date, however he undertakes to deposit the charges by tomorrow on 22.11.2023.
Exhibit 12 pursis filed by Decree holder about charges of the Court Commissioner served to the Decree holder. Taken On Record.
Copy served on Judgment debtor nos. 1 and 2.
The Court commissioner is directed to inform the Court about receipt of charges and issuance of notices of the parties for conducting the survey as per the writ.
Decree holder seeks time to file rejoinder. Order - Time granted.
Decree holder submitted that she want to submit sealed envelop handed by Court Commissioner. However the same can not be accepted. The Court Commissioner is directed to file any correspondence to the Court by himself or person authorized by him.
Matter stands adjourned on 04-12-2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Matter is pertains to C.R. No. 3
Advocate Pratik Shah i/b Shraddha Khandhadia present for Plaintiff (Decree holder).
Advocate Inamdar present for defendant (Judgment debtor nos. 1 and 2).
Court Commissioner Mr. Anil Korgaonkar is present.
Exhibit 13 Report filed by Court Commissioner. Taken On Record. Order - filed.
Matter stands adjourned on 05-01-2024 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: This court is newly established on 02.01.2024.
Matter received from CR. NO.3
Adv. Shradha Khandhadia for plaintiff present.
Representative namely Kotgawkar of Court Commissioner present.
None for defendant present.
Adv. For the plaintiff present and filed an application to imposed cost on defendant. t.o.r and marked as Exh.14.
She also tendered draft notice of motion along with affidavit in support t.o.r.
Leave granted to register notice of motion.
Representative namely Kotgawkar of Court Commissioner present filed report. t.o.r and marked as Exh.15.
Adv. For the plaintiff filed affidavit in rejoinder to the defendants reply dated 21-11-2023. t.o.r and marked as Exh.16.
Matter adjourned for compliance by defendant to. 19-01-2024.
LO at 2.50
Adv. Shradha Khandhadia for plaintiff present and tendered registered Notice of Motion No.48/2024 along with affidavit in support. t.o.r.
Adv. For the plaintiff is directed to serve copy of NM to other side.
Matter adjourned for compliance by defendant/reply to. 19-01-2024.
LO at 4.45 pm
Adv. Harshad Inamdar For defendant present.
Matter adjourned for compliance by defendant/reply to. 19-01-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO.61
This Court is formed on 02.01.2024.
Matter transferred from CR No.3
Adv. Shraddha Khandhadia For the plaintiff present.
Adv. Harshd Inamdar for the defendants present.
Adv. For the plaintiff present and filed 3. affirm copy of affidavit of service 1st in SU No.1278/20 stating that to serve copy of Application praying for cost to be imposed on defendants to the advocate of the defendants. Tor and marked as Exh.17.
2nd affirm copy of affidavit of service regarding NM No.48/24 alongwith affirm copy affidavit. t.o.r.and marked as Exh.18. O-Seen.
3rd affirm copy of affidavit of rejoinder regarding NM No. 3924/23. t.o.r.and marked as Exh.19.
She also filed pursis stating that to place on record the email dated 19-01-2024 received from the court commissioner. t.o.r. and marked as Exh.20
Copy of pursis (Exh.20) served to other side.
Adv. For defendant assured that he will definitely file reply to NM No.48/24 on next date. Hence last chance granted to filing reply.
Adv. For advocate defendant given say overleaf on Exh.14.
Ld counsel for defendant no.1 and 2 submitted that today he is not going to paid reaming court commissioner fees and he is taking step on or before next date in that regard.
Matter for reply to NM 48/24 and argument on NM No. 2996/23 and argument Exh.14/compliance to 01-02-2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff present and recived commissioner report copy.
None for defendant.
Heard adv. For plaintiff (in main matter) on application Exh.14 and kept for argument by defendant.
Today defendant absent. No reply filed on NM 48/2024 hence matter posted for NM argument without reply by defendant.
Matter adjourned for arguments by the defendant on Exh.14 to 21-02-2024.
LO at. 4.20 pm..
Adv. Harshad Inamdar for defendant nos.1 and 2 present and filed an application t.o.r and marked as Exh.21. O- After filing next date this application is placed. Heard Ld. Counsel for defendant Nos.1 and 2. As stated in this application defendants are allowed to make deposit of court commissioner’s charges as per court order. As regard objection to the same by the defendants they are allowed to make deposit without prejudice to their rights as it is submitted that they are challenging the reply of Court Commissioner.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CRNo.
Adv. Shradha Khandhadia for plaintiff present and tendered draft Notice of Motion alongwith affidavit in support t.o.r.
O- Leave granted to register notice of motion.
Representative of court commissioner namely-Anil Korgaonkar Present and filed report. t.o.r.. and marked as Exh.22. O-seen both side to take note
Defendant No.1 in person present and filed adjournment application t.o.r. and marked as Exh.23.O- Granted last chance for the reason stated.
Adv. Shradha Khandhadia for plaintiff present and tendered registered Notice of Motion No.797/24 alongwith affidavit in support t.o.r.
Adv. for the plaintiff and defendant no.1 received copy of court commissioner report Exh.22.
Defendant No.1 is directed to serve copy of Exh.21 to plaintiff on or before next date.
Matter adjourned for argument to 28-02-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Matter pertains to CR. No. 61
Adv. Ms. Shraddha Khandhadia for plaintiff is present and filed affidavit of service in respect of NM No. 797/2024. TOR.
Adv. Harshad Inamdar for defendant no. 1 and 2 is present. Representative of Court Commissioner Mr. Anil Korgaonkar is present and filed application Exh. 24. TOR. Copy served on both the parties.
With consent matter is adjourned.
Matter adjd to 05.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Adv. Shraddha Khandhadia for plaintiff present and received copy of reply to NM No.797/29.
Adv. Harshad Inamdar for defendant No.1 and 2 present and filed NM reply No.797/24 behalf of defendant No.1.
Copy of Exh.21 served to the advocate for the plaintiff.
Adv. for the plaintiff submitted that on the next date he will positively give reply to NM No.48/24. On that submission matter be kept for NM reply. If next date defendant failed to file reply hence matter be proceed further.
Last chance given to advocate for the defendant to file reply to NM No.797/24 behalf of defendant No.2 and reply to MA on next date.
Adv. for the defendant has already given say overleaf on Exh.14 in Suit.
Matter adjourned for filing rejoinder to NM No.797/24/ NM No.48/24, MA No.194/23 and MA reply, NM 3924/23 for hearing to 22-03-2024 at morning sessions.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff present.
Adv. Omkar Chipkar h/f Adv. Harshad Inamdar for defendants No.1 and 2 present.
Court commissioner letter (by post inward No.5012 dt.19-03-2024) received by correspondent department t.o.r and marked as Exh.25. O- Seen both parties to take note.
On last roznama it is inadvertently written that advocate for the plaintiff has to file reply on NM.48/24. It is to be read as “ defendant to file reply on NM No.48/24”.
Adv. for defendants No.1 and 2 present and filed affidavit in reply behalf of defendant No.2 in NM No.48/24 and NM No.797/24.
Copy of reply served to other side.
Adv. for defendant No.1 and 2 present but not filed reply behalf of the defendant No.1 hence last chance granted to file reply on next date. On next date if reply is not filed matter be proceed without their reply.
Adv. for the plaintiff present and filed pursis t.o.r. and marked as Exh.26. O- Seen other side to take note. Copy served to other side.
Heard advocate for the plaintiff in NM No.3924/23.
Matter adjourned for NM argument by defendant P.H. / filing reply by defendant No.1 and rejoinder by plaintiff to NM No 48/24 and 797/24 to 12-04-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff present and filed affidavit of rejoinder in NM No. 797/24. O- Seen rejoinder.
Adv. Omkar Chipkar H/f Adv. Harshad Inamdar for defendants No.1 and 2 present and received copy of affidavit of rejoinder filed by the plaintiff.
Adv. for defendants No.1 and 2 present and filed adjournment application tor and marked as Exh.27. O-Other side to say.
Copy of Exh.27 not served to advocate of plaintiff. Adv. for the defendant is directed to serve copy of Exh.28 to plaintiff.
Adv. for the plaintiff given say overleaf on Exh.27.
Order below Exh.27.
Read application and say. Heard both. Admittedly last chance was given to file reply by defendant No.1 but today this application is tendered. Admittedly plaintiff is persuading the matter an each date but for the reasons best known to the Ld. Counsel for the defendants for not filing reply of defendant No.1. So far as the reason stated as to suffering by heat by the defendant No.1, in that regard it can be stated that it is without support and secondly the counsel representative/defendants is not present. As such in the light of objection to this application and the fact that sufficient opportunity availed by the defendant No.2, this application stands rejected and NM No.48/24 to proceed for argument without say of defendant No.1, on next date.
Adv. for defendants No.1 and 2 present and filed adjournment application tor and marked as Exh.28. O-Other side to say.
Copy of Exh.28 not served to advocate of plaintiff. Adv. for the defendant is directed to serve copy of Exh.28 to plaintiff.
Adv. for the plaintiff given say overleaf on Exh.28.
Order below Exh.28.
Read application. Perused say. Heard both. Admittedly NM in question is P.H. and up-till the other side has availed the time but for the reasons stated and in view of strong objection by other side last chance is granted to defendants to argue their side on next date.
Matter adjourned for both NM hearing and NM. 3924/23 argument P.H. by defendant to 24-04-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv.Onkar Chipakar h/f Adv.Inamdar for defendant Nos.1 and 2 present. He filed adjournment application marked as Exhibit-29. Order-Other side to say.
Kept back.
Later on at 4.04pm
Adv.Shraddha Khandhadia for plaintiff present.
Adv.Onkar Chipakar h/f Adv.Inamdar for defendant Nos.1 and 2 present.
Representative of Court Commissioner present-Shweta Kolegaonkar present. She filed report marked as Exhibit-30. Order-Filed.
Exhibit-30 are served both the sides.
Kept back.
Matter called out at 4.55pm
Adv.Shraddha Khandhadia for plaintiff present. She filed reply on Exhibit-29 overleaf. Heard both the sides.
Order passed on Exhibit-29
Read application filed by defendants. Also perused say cum objection by the plaintiff. Perused case paper and roznama. Admittedly submission time has been sought by the defendants to argue the matter. Today by moving this application coupled with medical certificate in the name of the party defendant, again time has been asked for arguing his side by the counsel. Since notice of motion is part heard since so many dates and plaintiff has urgency has alleged by the counsel for the plaintiff it would not be justifiable to adjourn the matter but considering no explanation given as to why Ld. counsel who is conducting this matter on behalf of defendants and he being absent today it would be just and reasonable to grant last chance to argue his side by the defendants but only subject to cost of Rs.2,000/-only as a condition precedent on or before next date positively, failure to which proper and necessary order(further order) shall be passed. Holding counsel for defendants present to take note and inform his senior advocate. Both side to take note.
Notice of Motion No.48 of 2024 is for filing reply by defendant No.1. But today defendant No.1 has not filed his reply to the N/M hence N/M is kept for no reply order.
Adv.Onkar Chipakar h/f Adv.Inamdar for defendant Nos.1 and 2 present. Today his senior advocate is not present he sought adjournment as such Notice of Motion No.3924 of 2023 is kept for argument by defendants as a last chance and NM 797/2024 is kept for argument by both the sides and Exhibit-17 dated 19/01/2024 is kept for argument by both the sides.
By consent of both the sides, matter adjourned for argument to 09/05/2024 .
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: IN THE COURT OF H.H.J. R. R. PATARE, JUDGE CITY CIVIL COURT C.R. NO. 01 (IN-CHARGE COURT)
Matter pertains to C.R. No. 61
Adv. Shraddha Khandhadia present for plaintiff.
Adv. Harshal Inamdar alongwith Adv. Omkar Chipkar present for defendant.
Plaintiff Present.
Representative for court commissioner Ms. Shweta Korgaonkar present.
Matter adjourned to 10.05.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandadia present for plaintiff.
Adv. Harshad Inamdar for defendant present.
Defendant No.1 in person present.
Representative of court commissioner namely- Sudesh Ramkhambe present.
Report received from PLA department t.o.r. and marked as Exh.31.O- Seen
Defendant No.1 failed to file reply to NM Mo.48/24 hence, NM No.48/24 proceed for argument without reply by defendant No.1.
Order below Exh.29 -
Today Ld. counsel for the defendant submitted that till next date he will deposit cost awarded them, to which Ld. counsel for the plaintiff is took objection hence, the application Exh.29 is kept for passing no argument order due to non deposit of the costs.
Heard advocate for defendant No.3924/23 and reply argument by plaintiff.
Matter adjourned for NM No.3924/23 for order and NM No.797/24 and No.48/24 by plaintiff and Exh.17 for argument / Exh.29 for passing no argument order against defendant to 18-06-2024.
Next Purpose: NM ORDERS
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: IN THE COURT OF H.H.J. R. R. PATARE, JUDGE CITY CIVIL COURT C.R. NO. 01 (IN-CHARGE COURT)
Matter pertains to C.R. No. 61
Adv. Shraddha Khandadia for plaintiff is present and made statement that the defendant did not complied order dated 30.04.2024.
Adv. Omkar Chipkar h/f Adv. Harshad Inamdar for defendant No. 1 and 2 is present and made statement that cost amount in terms of oreder dated 30.04.2024 will be paid on next date. Statement is recorded.
Matter adjourned to 24.06.2024 for Complaince.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff present.
Adv. Harshad Inamdar for both defendants present.
Cost not paid by the defendants.
Partly heard advocate for the plaintiff on NM No.48/24.
Matter adjourned for NM No. (48/24)argument P.H. by the plaintiff only and NM No.797/24 hearing to 10-07-2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Ms. Lorna h/f Adv. Shradha Khandhadia for plaintiff is present.
Adv. Harshad Inamdar for both the defendants is present.
Defendant No. 1 is present.
Matter adjourned for NM argument to 18.09.2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: The Court is on Leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Harshad Inamdar for defendant is present.
KB for arguments.
LO at 5.00 pm.
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 alongwith his Adv. Harshad Inamdar for defendants No.1 and 2 is present.
Defendants No.1 and 2 did not file their say to MA No.194/2023. Hence MA No.194/2023 to proceed without their say.
Matter adjourned for hearing on NMs No.48/24, 797/24 and MA No.194/23 and reply to Exh.14 to 18-11-2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 alongwith his Adv. Harshad Inamdar for defendants No.1 and 2 is present.
KB. LO at 4.03 pm.
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 alongwith his Adv. Harshad Inamdar for defendants No.1 and 2 is present.
Heard arguments of advocate Shraddha Khandhadia for plaintiff and on application at Exh.14 and NM No.48/24.
Adv. of defendants No.1 and 2 seeks time. Adv. of plaintiff has strong objection.
After advocate of plaintiff raised objection, advocate of defendants No.1 and 2 paid costs of Rs.2,000/- to the advocate of plaintiff as per order dt. 30.04.2024. She received it.
Court time is about to over.
Matter adjourned for arguments of defendants No.1 and 2 on application at Exh.14 and NM No.48/24 P.H. as a last chance to 16-12-2024.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 16-12-2024
Date: 16-12-2024
Business: Adv. Shraddha Khandhadia for plaintiff is present.
None for defendant.
K.B.
Later on at 5.11 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Harshad Inamdar for defendant is present.
Heard arguments of Adv. Harshad Inamdar for defendant in part.
Court time is about to over.
Matter adjourned for NM arguments P.H. and on Exh-14 as a last chance to 07.01.2025.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 is present.
Kept back.
Later on, at 4.54 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 a/w his Adv. Harshad Inamdar is present.
Heard arguments of Adv. Harshad Inamdar for defendant No.1 in NM No.48/2024 in part. Court time is about to over.
Adv. Shraddha Khandhadia for plaintiff filed pursis along with copy of order of Honble High Court in WP No.13900/2024. Copies served upon Advocate of defendant No.1.
She also filed additional affidavit in support of NM No.3924/2023 (Disposed off). TOR. O - Seen and filed.
Matter adjourned for further NM arguments to 30.01.2025.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Defendant is present. His advocate is on the way.
K.B.
Later on at 3.46 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant a/w his Adv. Harshad Inamdar is present. He completed his arguments in NM No.48/2024 and partly argued Exh-14 in Suit No.1278/2020.
Court has to check and sign its todays order in NM No.6428/2024.
Matter adjourned for further arguments to 24.02.2025.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 is present.
K.B.
Later on at 4.10 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 a/w his Adv. Harshad Inamdar is present.
Heard remaining arguments of Adv. Harshad Inamdar for defendant No.1 on Exh-14 and reply on law point by Adv. Shraddha Khandhadia for plaintiff in NM No.48/2024 and Exh-14 in SC No.1278/2020.
Matter adjourned for order in NM No.48/2024 and Exh-14 to 04.03.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
None for defendants.
F.R.S.R. following Order is passed in NM No.48/2024 -
ORDER
1. Notice of Motion is dismissed.
2. Costs in the cause.
3. Accordingly, Notice of Motion No.48/2024 stands disposed off.
F.R.S.R. following Order below Exh.14 is passed -
ORDER
1. Application at (Exh.14) is allowed.
2. As per Section 35-B of the Code of Civil Procedure, both the defendants are directed to pay the costs of Rs.2000/- (Rs. Two Thousands Only) each i.e. Rs.4000/- (Rs. Four Thousands Only) in total, to the plaintiff for causing delay, on or before the next date.
3. Accordingly, application at (Exh.14) stands disposed off.
K.B.
Later on at 5.11 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
None for defendants.
Court is busy in hearing arguments in NM No.4585/2024.
Matter adjourned for NM hearing to 15.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 is present.
None for defendant No.2.
K.B.
Later on at 3.40 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant No.1 a/w his Adv. Inamdar for defendants No.1 and 2 is present. He handed over two Demand Drafts of Rs.2000/- each in the name of plaintiff, drawn on Axix Bank Ltd bearing Nos.590 and 591 dated 15.03.2025, to Adv. Shraddha Khandhadia for plaintiff, as per order below Exh-14.
Adv. Inamdar for defendants No.1 and 2 made statement that he is handing over Demand Drafts without prejudice to rights of defendants No.1 and 2.
Adv. Shraddha Khandhadia for plaintiff filed pursis a/w citation of Honbe Apex Court reported in (2011)2 Supreme Court Cases 705, in NM No.3924/2023(disposed off). TOR. O- Seen and filed. Copy is served upon Adv. Inamdar for defendants No.1 and 2.
she seeks time to file application to restore NM No.3924/2023 in view of order passed by Honble High Court in Writ Petition No.13900/2024. Time is granted to her.
Plaintiff is directed to serve application to be filed, in advance to the advocate of defendants No.1 and 2 so that he can come with reply on the next date.
Matter adjourned for filing application by plaintiff to 01.04.2025.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: IN THE COURT OF H.H.J. R. R. PATARE JUDGE CITY CIVIL COURT C. R. NO. 01.
Matter pertains to C. R. NO. 61.
Adv. Shradha Khandadia for plaintiff is present and made statement that, notice of motion is served on the Adv. for defendant no. 1 and 2. Statement is recorded. She also filed service affidavit TOR. She tendered draft NM a/w affidavit in support.
O- Leave granted to register draft NM.
Matter is adjourned for reply to 07.04.2025
Next Purpose: REPLY
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: CORAM HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Matter pertains to CR. No.61
Adv. Shraddha Khandadia for plaintiff is present and tendered registered notice of motion no.1955/2025 along with affidavit in support. TOR.
None present for defendant.
On inquiry Sheristedar inform that none appeared on behalf of defendant before Court No.61 till the file is brought to Court No.1. Statement is recorded. The defendant failed to file reply, hence notice of motion to proceed further without reply.
Matter adjd to 02.05.2025 for all NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: Adv. Khandhadia for plaintiff is present.
Defendant No.1 a/w his Adv. Inamdar is present. He tendered draft NM a/w affidavit in support and reply to NM No.1955/2025. TOR. O-Leave is granted to register. Copies are served upon advocate of plaintiff.
Plaintiff to send copy of reply in advance to Advocate of defendant No.1.
Matter adjourned for tendering registered NM by defendant No.1 and for its reply by plaintiff and arguments if there is no rejoinder to 09.06.2025.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present. She tendered affidavit of service in NM reply and reply in NM No.2775/2025. O-TOR.
Adv. Harshad Inamdar for defendants No.1 and 2 is present and tendered registered NM No.2775/2025 a/w affidavit in support.
Heard arguments of Adv. Shraddha Khandhadia for plaintiff and Adv. Harshad Inamdar for defendants No.1 and 2 in NM No.2775/2025.
Matter adjourned for order in NM No.2775/2025 to 07.07.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 07-07-2025
Date: 07-07-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
None for defendant.
K.B.
Later on at 5.30 p.m.
F.R.S.R. following Order is passed in NM No.2775/2025-
ORDER
1. Notice of Motion is made absolute.
2. The Order dated 07.04.2025 passed in the Notice of Motion No. 1955/2025 proceeding without Reply of defendants be set aside, subject to payment of costs of Rs.7,000/- (Rs. Seven Thousand Only).
3. Costs to be paid on or before the next date and Reply to be filed on same day, failing which, without further reference, instant Notice of Motion shall be treated as rejected.
4. Accordingly, Notice of Motion No. 2775/2025 stands disposed off.
Matter adjourned for compliance and hearing on NM to 28.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Harshad Inamadar for defendant is present and has tendered cheque for Rs.7000/- bearing No.225427 and has handed it over the Adv. for plaintiff.
O- The defendant should see that the cheque is honored as soon as same is deposited failing which further orders will be passed. The plaintiff to deposit cheque immediately.
Matter adjourned for hearing on both NMs to 07.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: The Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
None for defendant.
K.B.
Later on at 3.26 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Harshad M. Inamdar for defendant is present.
Heard arguments of Adv. Shraddha Khandhadia for plaintiff in NM No.1955/25 in part.
Matter adjourned for NM arguments P.H. (hearing on both NMs) to 03.09.2025.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Inamdar for defendant is present.
K.B.
Later on at 3.35 p.m.
Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Inamdar for defendant is present.
Heard further arguments of Adv. Shraddha Khandhadia for plaintiff on both NM.
Defendant sought time to argue. O- Granted as last chance.
Matter adjourned for arguments of defendant to 14.10.2025.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: The Court is on Leave
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff is present.
Adv. Parmeshwar B. Alam for defendant is present and submitted that the counsel is ill and therefore not in position to attend.
K.B.
Later on at 3.58 p.m.
Adv. Shraddha Khandhadia for plaintiff is present and filed pursis. TOR. Marked as Exh-32.
Adv. Parmeshwar B. Alam for defendant is present and filed application for adjournment stating that the Adv. on record is not well therefore want adjournment. TOR. Marked as Exh-33.
Adv. of plaintiff has opposed for grant of adjournment.
O- Considering the reason given in the application adjourned as last chance with directions that no further adjournment will be given on any count whatsoever.
Matter adjourned for hearing on Both NMs to 27.11.2025.
Judge
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: Adv. Shraddha Khandhadia for plaintiff is present.
Defendant no.1 with Adv. Parmeshwar B. Allam a/w Adv. Siddhesh Dhakorkar i/b Adv. H. M. Inamdar for defendant is present and filed written argument in NM no.1955/2025. Taken on record. Copy served on other side.
Heard Adv. for both sides on NM no.797/2024 and 1955/2025.
Matter adjourned for NM order to 22.12.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2025
Date: 22-12-2025
Business: The P.O. is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 03-01-2026
Date: 03-01-2026
Business: IN THE COURT OF H.H.J. H. M. BHOSALE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff is present.
Defendant is present.
The NM was argued before the earlier bench. NM is schedule for fresh hearing on 12.01.2026.
Matter adjourned for NM hearing to 12.01.2026.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shraddha Khandhadia for plaintiff is present and filed a pursis. TOR. Marked as Exh-34. O- Seen. Copy is served upon other side.
Defendant a/w Adv. Harshad M. Inamdar is present.
Heard arguments of Adv. for plaintiff.
Matter adjourned for NM arguments by defendant to 07.02.2026.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present and filed written arguments in NM Nos.797/2024 and 1955/2025. TOR. Marked as Exh-35. O- Filed. Copy is served upon other side.
Defendants No.1 and 2 a/w Adv. Harshad M. Inamdar is present.
Adv. for plaintiff has filed pursis. TOR. Marked as Exh-36. O- Filed.
Heard arguments of both the sides in NM Nos.797/24 and 1955/2025.
Matter adjourned for order on both NM to 09.02.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present
None for defendant.
Matter adjourned for order on both NM to 13.02.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
Defendant No.1 is present.
Matter adjourned for NM orders to 16.02.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
None for defendant.
Matter adjourned for NM orders to 24.02.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
Adv. Harshad Inamdar for defendant is present.
K.B.
Later on at 5.30 p.m.
Order in NM No.797/2024 is partly dictated.
Matter adjourned for NM order to 02.03.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for NM order to 07.03.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 07-03-2026
Date: 07-03-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
None for defendant.
Matter adjourned for NM order to 23.03.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for NM order to 30.03.2026.
Later on at 4.20 p.m.
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff is present.
None for defendant is present.
Matter adjourned for NM Order to 02-04-2026
Next Purpose: NM ORDERS
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khadhadia for plaintiff is present and filed pursis. TOR. Marked as Exh-37. O- Seen. Copy be served upon other side.
None for defendant.
Matter adjourned for NM orders to 06.04.2026.
Later on at 3.44 p.m.
Adv. Harshad Inamdar for defendant is present and he is served with copy of pursis.
Matter adjourned for NM orders to 06.04.2026.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
None for defendant.
K.B.
Later on at 5.50 p.m.
Adv. (Dr.) Shraddha Khandhadia for plaintiff is present.
None for defendant.
Matter adjourned for NM hearing to 13.04.2026.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Dr. Shraddha Khandhadia for plaintiff is present.
None for defendant.
K.B.
Later on 4.53 p.m.
Adv. Dr. Shraddha Khandhadia for plaintiff is present.
None for defendant.
Partly argued by plaintiff in NM No. 797/24 and 1955/25.
Matter adjourned for further argument by plaintiff in NM to 24.04.2026 at 12.30 p.m.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Dr. Shraddha Khandhadia for plaintiff is present.
Defendant No.2 a/w Adv. Harshad Inamdar for defendant is present.
Heard arguments of Adv. for plaintiff on NM.
As the dispute is pertaining to the partition in brother there is chance of amicable settlement. The Ld. Counsel for the plaintiff submitted that the plaintiff will take NM to appoint Government Valuator to ascertain present/current valuation of the suit flat.
Matter adjourned for NM arguments P.H./settlement to 15.06.2026.
Judge
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 15-06-2026
Date: 15-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Harshad Inamdar for defendant is present.
Defendant No.1 and 2 both are present before this court and submitted that as the dispute pertaining to the family they are willing to settle this matter amicably and ready to give equal 1/3 share to the plaintiff.
K.B.
Later on at 4.14 p.m.
Adv. Mamta Magare i/b Adv. Shraddha Khandhadia for plaintiff is present and seeks time on the ground that Adv. on record is busy before Hon'ble High Court. O- Granted.
As there is chance of settlement the plaintiff is directed to remain present before this Court for the settlement on next date without fail.
Defendant No.1 and 2 both are present.
Matter adjourned for NM arguments P.H. to 30.07.2026.
Judge
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 30-07-2026
Date: 30-07-2026
Business: CORAM- HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
(Matter pertains to C.R. No.61).
Advocate Dr. Sharaddha Khandhadia for plaintiff present and filed application for exemption of personal appearance on behalf of the plaintiff marked as Exhibit-38. TOR. Order- Other side to say.
Copy is served upon defendant Nos. 1 and 2.
Defendant Nos. 1 and 2 is present. His advocate is absent.
Matter is adjourned for say on Exhibit-38 and NM arguments(PH) to 18.08.2026.
I/C Judge (C.R. No. 21)
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 18-08-2026
Date: 18-08-2026
Business: P. O. is on leave.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 09-10-2026