Date: 09-07-2018
Business: Adv.Mr.Suresh Rajeshwar for Plff.present.
None for defendant.
Adjd.for directions on 17.07.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: As court is on training
Next Purpose: DIRECTIONS
Next Hearing Date: 25-10-2018
Date: 25-10-2018
Business: Board is discharged and adjd.on 23.01.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. Rajeshwar for Plaintiff present.
Deft no.2 present.
Adv for Plaintiff tendered draft NM.
Leave is granted to register it.
Copy is given to Deft no.2.
Copy of NM be served on rest of Defendant.
Deft no.2 is present. She waived service of writ of summons.
Issue writ of summons against Defendant no.1,3 and 4.
Adj for service and reply to 12.03.2019.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Rajeshwar for Plaintiff present.
Deft and Adv absent.
Adj for service and reply to NM to 13.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: By Precipe.
Adv. Kanojia for Defendant no.2 to 4 present.
He filed draft NM alongwith affidavit in support of it and written statement t.o.r.
Leave is granted to register NM.
Copy be served on Plaintiff.
Already adj to 13.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2019
Date: 13-06-2019
Business: Adv. Rajeshwar for Plaintiff present.
Adv. Rajesh Kanojia filed V/n for Defendant nos.2 to 4 t.o.r.
He tendered original NM no.2026/19 t.o.r.
Deft no.2 present.
Say filed by Plaintiff on NM No.2026/19.
Order below NM No.2026/19.
Notice of motion is taken out by defendant nos.2 to 4 for grant of permission to file written statement by condoning delay of 172 days caused in filing written statement by them.
Plaintiff opposed notice of motion on the count that delay is not explained.
Heard respective counsel for parties.
At the outset I would like to mention that, it is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099).
I am of the view that reasons assigned by these defendants are sufficient to condone delay caused in filing written statement. Moreso, delay caused is not inordinate. It cannot be said that delay caused is deliberate. It is pertinent to note that these defendants have also filed written statement alongwith present notice of motion to show their bonafide. In the facts of matter, I am inclined to condone the delay caused in filing of written statement and permit these defendants to file their written statement on record. However, considering the conduct of these defendants, it is necessary to impose certain costs upon them. Hence, pass following order.
ORDER
1. Notice of Motion No.2026/19 is allowed and made absolute in terms of prayer clauses (a) to (c) subject to deposit of costs of Rs.1,000/-(Rupees One Thousand only) in Legal Aid funds of DLSA within period of two weeks.
2. On deposit of costs, written statement filed by these defendants be marked exhibit.
Accordingly, NM 2026/19 is disposed off.
Adj for NM reply in NM 481/19 and for compliance to 26.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Plaintiff is present.
Adv. Pareira for Plaintiff present.
He tendered original NM No.481/19 t.o.r.
Deft no.2 present. Adv absent.
Defendant no.2 requested for extension of time to deposit costs amount in terms of order dtd.13.06.2019.
One week time is extended from today for deposit of costs.
Adj for NM reply to 23.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Rajeshwar for plaintiff present
Written statement filed by def no 224 is tor and marked as Exh 3
Plaintiff is directed to file affidavit of service of Def no 1
Matter is adj for service report and NM reply to 3.10.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Pareira for Plaintiff present.
Defendant no 2 present.
Service report of defendant no 1 is awaited.
Adjd. to 2.11.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Plaintiff present.
Adv. Rajeshwar for plaintiff present.
Plaintiff is directed to take steps for service of NM and Writ of summons upon defendant no 1
Adjourned to 28.11.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Adv. Pareira for plaintiff present.
Plaintiff present.
Defendant no 2 present.
Adv. for plaintiff sought extension of time for service of Writ of summons and NM upon defendant no 1.
O- Time is extended.
Adjourned for service and reply of defendant no 2 to 20.12.2019
Next Purpose: SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Rajeshwar for plaintiff present.
Adv. Sizor Pareira appeared for defendant no 1 and filed V/N t.o.r marked as Exh.4
Defendant no 2 present.
Defendant no 1 is directed to file W/s within prescribed period.
Adjourned for direction to 22.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Rajeshwar for plaintiff present.
Adv. Seizor Pareira for defendant No. 1 present.
Adjourned to 11.02.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Rajeshwar for plff present.
Adv Parera for deft no. 1 present.
He tendered draft NM. Leave granted to register.
F. R. S. R. following order is passed -
Order
1. Draft notice of Motion No........... of 2020 is allowed and made absolute in terms of prayer clause (a).
2. Accordingly, notice of motion is disposed of.
3. It be registered for statistical purpose.
Matter stands Adj for NM hearing to 13/03/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Wrongly on board.
Matter already Adj for NM hearing to 13/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Plff and his Adv absent.
Adv Parera for deft no. 1 present.
Adv Mansi Patel for deft no. 2 to 4 present.
Matter stands Adj for NM hearing to 15/04/2020.
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: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present.
Matter stands Adj for NM Hearing to 25/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv Rajeshwar for plff present.
None for deft no. 1.
Adv Pamecha for deft no. 2 to 4 present.
With consent of parties, matter stands Adj for NM Hearing to 05/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for plff.
Adv Vanshika Rai for deft no. 2 to 4 present.
She submitted that deft no. 2 to 4 will not create third party interest in suit flat. Statement of Adv for deft no. 2 to 4 is accepted.
Matter stands Adj to 09/12/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None for plff.
Adv Vanshika Rai for deft no. 2 to 4 present.
Matter stands Adj for NM Hearing to 08/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None for plaintiff.
Adv. Mandavkar for defendant no. 2 to 4 present.
Matter adjd to 30/03/2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv Rajeshwar for plff present.
He submitted that deft no. 1 is expired on 20/03/2022. He seeks time to take steps for bringing LR\''s of deft no. 1 on record.
Adv Vanshika Rai for deft no. 2 to 4 present.
She filed pursis to treat written statement of deft no. 2 to 4 as reply to NM 481/2019. t.o.r.
Matter stands Adj for Taking Steps to 13/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Plaintiff present.
Advocate for plaintiff absent.
None for defendant.
Matter is adjd for steps to 26/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Rajeshwar for plaintiff present.
He tendered register Ch/s no. 872/2022. TOR.
Adv. Vanshika Rai for defendant no. 2 to 4 present.
FRSR following order is passed.
Order
1)Chamber Summons No. 872/2022 is allowed with permission to delete the name of defendant no. 1 from the suit.
2) Plaintiff is permitted to carry out necessary amendment in the plaint within period of 14 days from today and to produce copy of amended plaint.
3) No order as to costs.
Matter is adjd for compliance to 23/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: y precipe.
Adv. Cizar Parera for plaintiff present.
He filed application for extension of time to carry out amendment in the plaint. Time extended till 23/08/2022 considering the reasons stated in the application.
Parties are directed to give CTS number of suit property.
Already matter is adjd to 23/08/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Rajeshwar for plaintiff present.
He seek time to file copy of amended plaint.
He undertakes to supply copy of amended plaint on defendant.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 29/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps as last chance to 10/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Rajeshwar for plaintiff present.
He filed copy of amended plaint TOR.
copy served on other side.
Adv. Jay Cheda for defendants present.
Parties are directed to give CTS number of suit property.
Matter is adjd for Nm hearing to 10/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv. Rajeshwar for plaintiff present.
He submitted that there is chance of settlement of dispute, hence matter be send before Lok-adalat to be held on 11/02/2023. He is directed to intimate date of Lok-adalat to plaintiff. Issue notice to defendants for appearance before Lok-adalat.
None for defendant present.
Matter adjourned for settlement to 11/02/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: National Lok Adalat Dated 11.02.202 Panel No.1
Panel Head – HHJ Shri. D.D.Almale
Panel Members – Prof. Ms. Falkanaz Shaikh
Plaintiff present.
Adv. Rajeshwar for Plaintiff present.
None present for defendant.
Adjd to 14/03/2023
HHJ Shri.D.D.Almale Prof. Ms. Falkanaz Shaikh
(Panel Head) (Panel Member)
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Plaintiff present and his advocate absent.
He seek time for hearing. Time granted.
None for defendant.
Matter adjourned for hearing to 20/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Advocate Mr. Periera h.f. Advocate Rajeshwar for plaintiff present.
Defendant and advocate absent.
Defendant have not filed their reply to NM 481/2019, hence N/M to proceed further without reply of defendant.
Matter adjourned for NM hearing on 14.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Advocate Mr. Rajeshwar for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for NM hearing on 10.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Advocate Mr. Rajeshwar for plaintiff present.
Defendant and advocate absent.
Kept back
Later on at 4.55 P.M.
Heard argument of advocate for plaintiff on NM 481 of
2019.
O- Last chance granted to defendant.
Matter adjourned for NM hearing (defendant argument) on 30.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Advocate Mr. Periera h.f Advocate Mr. Suresh Rajeshwar for plaintiff present.
Defendant no. 3 present and seeks time. O- Granted as a last chance.
Matter adjourned for NM hearing on 07.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Advocate Mr. Rajeshwar for plaintiff present.
Defendant no. 2 present.
Matter adjourned for NM hearing on 28.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: PO is on leave, hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Advocate Mr. Pereira h.f. Advocate Suresh Rajeshwar for plaintiff present.
Advocate Mr. Jai Chheda i/b SRA counsellers for defendant present.
By consent of both the parties, matter is adjourned.
Matter adjourned for NM hearing on 06.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Advocate Mr. Cesar Pereira h.f. Advocate Suresh Rajeshwar for plaintiff present.
Advocate Ms. Shruthi Dondu i/b SRA Consulers for defendant present and seeks time. O- Last chance granted.
Matter adjourned for NM hearing on 04.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Defendant no. 2 present.
Advocate Mr. Rajeshwar for plaintiff present.
Advocate Ms. Shruti Dandu h.f. SRA Counsil for defendant no. 2 to 4 present.
Later on at 3.45 P.M.
Heard argument of both sides on NM 481/2019.
Matter adjourned for NM Order on 18.03.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Advocate Cesar Peraira for plaintiff present.
Defendant and advocate absent.
Matter adjd to 04.04.2024 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Both parties and Advocate absent.
KB
Advocate Rajeshwar for plaintiff present.
FRSR following order is passed-
O R D E R
Notice of Motion No. 481 of 2019 is allowed in terms of prayer clause A.
Matter adjourned for Compliance on 24.06.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Advocate Mr. Rajeshwar for plaintiff present and he is directed to file draft issues.
Defendant no. 2 to 4 absent.
Defendant no. 1 deleted.
Matter is adjourned for draft issues on 26.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Advocate Rajeshwar for plaintiff present.
Advocate for defendant absent.
Matter is adjourned for draft issues on 19.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: Advocate Mr. Cesar Pereira h.f. Rajeshwar for plaintiff present and filed draft issues.
Defendant is directed to produce draft issues.
Matter is adjourned for draft issues on 13.02.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-02-2025
Date: 13-02-2025
Business: Advocate Mr. Cesar Pereira h.f. Rajeshwar for plaintiff present.
Defendant and advocate absent.
Issues framed and marked as Exhibit-5.
Matter is adjourned for Recording Evidence on 25.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: Advocate Mr. Cesar Pereira for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for Recording evidence on 03.09.2025.
Later on at 11.30 A.M.
Advocate Jay Chheda for defendant no. 2 to 4 present.
Matter is adjourned for Recording evidence on 03.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Court is on Vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: P.O IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: Advocate Suresh Rajeshwar for plaintiff is present. He seeks time to file evidence affidavit. O- Granted as a last chance
None present for for defendant .
Matter adjourned to 12.02.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: Advocate Mr. Rajeshwar for plaintiff is present.
Kept back
Later on at 12.25 P.M.
Advocate Mr. Rajeshwar for plaintiff is present.
Plaintiff witness namely Santosh Suryakant Kadam is present.
He tendered affidavit in lieu of examination in chief. Taken on record and marked as Exhibit-6. O- Read and recorded.
Oath is administered to the witness. He identified his signs and admitted entire contents of his evidence affidavit as true and correct. Copy be served upon defendants.
He also tendered list of documents. List is TOR and marked as Exhibit-7. Copy be served upon defendants. O- Other side to say.
None present for defendant.
Matter adjourned to 10.04.2026 for Reply on Exhibit-7 (Admission / Denial.)
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: Defendant no. 2 is present.
Advocate Suresh Rajeshwar for plaintiff is present. Plaintiff to serve copy of affidavit of evidence to defendants.
Advocate Shruthi Dandu for defendant no. 2 to 4 is present.
Matter adjourned to 29.06.2026 for Admission / Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: Matter received from CR. No 2
Adv. Suresh Rajeshwar present for plaintiff.
None present for defendant.
Matter is adjd to 27.07.2026 admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: Adv. Rajeshwar present for plaintiff.
Adv. Shruthi Dandu present for defendant No.2 to 4 files say on Exh.7. It is taken on record and marked as Exh.8.
Heard Ld. Counsel for plaintiff and defendants. All documents supplied below list Exh.7.
In view of the submission made by defendants and as the documents are come from the proper custody of plaintiff PW-1. Hence, documents No.1 to 5 are marked as Exh.9 to Exh.13.
Sr. No.
Description
Page No.
Exhibit No.
01.
Individual Agreement dated 13th August, 2009.
1-13
Exh.9
02.
Identity Card No.T/123/019 dated 29.06.2011 issued by Chief Executive Officer, Slum Rehabilitation Authority.
14
Exh.10
03.
Death Certificate of brother- Late Sharad Suryakant Kadam.
15
Exh.11
04.
Original Death Certificate of mother-Late Sunanda Suryakant Kadam.
16
Exh.12
05.
Original Death Certificate of brother- Late Anand Suryakant Kadam.
17
Exh.13
Matter is adjd to 17.08.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2026
Date: 17-08-2026
Business: CORAM- H.H.J.Ad HOC SHRI. S.K.FOKMARE (CR NO.64).
Adv. Rajeshwar for plaintiff a/w witness present.
Adv. Shruthi Dandu for defendant No.2 to 4 present and filed adjournment application. TOR and marked as Exh.14. O.- Other side to say.
Matter is adjd to 04.09.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2026
Date: 04-09-2026
Business: CORAM- H.H.J.Ad HOC SHRI. S.K.FOKMARE (CR NO.64).
Adv. Suresh Rajeshwar for plaintiff present.
Adv. Siddha Pamecha a/w Adv. Jay Chheda for defendant present.
Witness PW-1 present.
Counsel for plaintiff sought adjournment on the ground of health issue.
Matter is adjd. to 15.10.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2026
