Dr.Rachna Jugal Kishore AgrawalVsDr. Anirudh Jugal Kishore Singhal +1 more

Date: 17-07-2018
Business: Adv. Anand for plaintiff present and filed original notice of motion no. 2520/2018 alongwith affidavit.
Adv. Vivek Tripathi for D-1 present and filed VP on behalf of D-1.
Four weeks time granted to D-1 to file written statement.
Ld. Counsel for plaintiff undertakes to serve copy of NM to the D-1 and also grant inspection of documents before next date.
D-2 is served as per the bailiff report. However, D-2 has not entered appearance. Hence suit to proceed exparte against D-2.
Ad-interim order to continue till the hearing of the notice of motion.
Matter adj. for Compliance to 28.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Adv. Anand for plaintiff present and filed affidavit of service in NM No.2520/2018.
Adv. Bindu Pande for defendant present.
Plaintiff in person states that she needs time to think about  mediation.
Matter adj. for Compliance to 06.12.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: Plaintiff with Adv. Anand present.
D-1 with Adv. Pandey present and requested to keep back the matter for filing reply.
The parties are present. They request to refer the matter for mediation. Hence matter referred to Mediation.
Kept  back. Later on at 3.15 pm. D-1 with Adv. Pandey present and  filed reply in NM no.2520/2018 and seeks permission to file written statement.
The D-1 was granted 4 weeks time on 17.7.2018 for filing written statement. However, it was not filed in 4 weeks. Today Ld. Counsel for defendant no.1 seeks permission to file written statement. In view of the fact that till today D-1 has not been served with writ of summons, permission is granted. Written statement of D-1 is taken on record. He undertakes to serve the copy of written statement to the other side.
Matter adj. for NM Hearing to 22.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Plaintiff no.1 present in person.
Adv. Pramod Pandya for defendant no.1 present.
Application for adjournment for engagement of counsel filed by plaintiff along with no objection letter from previous advocate. Time granted.
Matter stands Adj for engagement of counsel by plaintiff to 24.09.19
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Plaintiff in person present and filed VP advocate Madhuri Dave.
Vakalatnama filed on behalf of plaintiff.
Application filed by defendant no. 1 for seeking to discharge his advocate and to engage another advocate. O-allowed.
Adv. Vivek Tripathi for defendant no. 1 present and submitted he has no instruction from his client and wants to be discharge from the case.
Adv. S. Venkateshwar for defendant no. 1 present and submitted that he will file his appearance on next date. Time granted.
Heard both sides. Adv. Vivek Tripathi is allowed to withdraw from the case and he is discharged.
Matter stands Adj for hearing on NM no. 2520/18 to 11.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Plaintiff present.
Adv. Dave for plaintiff present.
Adv. S. Venkateshwar for defendant present.
By consent, Matter stands Adj for NM hearing to 17.12.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Plaintiff present in person and filed application for
Application seeking permission to appear in person. Keep it for order on next date.
Adv. Venkateshwar for defendant no. 1 present and filed VP and draft NM along with affidavit. Leave granted to register draft NM. He undertakes to serve the copy on other side.
Vakalatnama filed on behalf of defendant no. 1.
Matter stands Adj for Order on Ex-7 and service of draft NM by defendant no. 1 to 10.02.2020.
Next Purpose: ORDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Plaintiff present.
Adv. Sunita S. Banis for plaintiff present and filed VP and sought time to file reply to NM. Time granted with direction to serve the copy of reply to Ld. counsel for defendant in advance.
Vakalatnama filed on behalf of plaintiff.
Adv. Venkateshwar for defendant no. 1 present and filed Original NM no. 193/20 along with affidavit.
Order passed on Exh. 7. O-In view of appearance on behalf of the plaintiff by filing VP vide Exh. 9, application do not survive. Hence, it is filed.
Matter stands Adj for reply and hearing on NM to 23.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Plaintiff present and requested time to change earlier advocate to appoint new advocate.
None for defendant.
The case is adjourned to 18.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Plaintiff present and sought time.
Advocate S.Venkateshwar for defendant no. 1 present.
The case is adjourned to 15.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Declared holiday as per Office Order 79 of 2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter called out at 4.59 pm.
Adv. for plaintiff present.
Adv. for defendant no. 1 present.
Adv for pltff tendered reply to NM 193/2020.  copy supplied to the other side.  TOR.
Pltff tendered draft motion.  Leave is granted.  Motion is handed over to the adv for pltff.
Matter stands adjourned to 26/10/2021 Reply/Hearing.
Next Purpose: REPLY
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Matter called out at 4.20 pm.
Adv. Ravindra Singh for plaintiff present.
Adv. S. Vankateshwar for defendant No. 1 present.
Adv. Singh tendered VP on behalf of plaintiff. VP T.O.R. Exh.10.
Plaintiff tendered registered NM 2287/21, 2286/21. Copy already supplied to the Defendant. no.1.
Adv.for deft. no.1 tendered reply to NM 2286/21, 2287/21. Copy T.O.R. Copy served to the plaintiff. He also tendered rejoinder in NM 193/2020. TOR. Copy supplied to plaintiff.
Matter stands adjourned to 23.12.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Matter called out at 3.26 p.m.
Adv. Neha Pandey for plaintiff present.  She is seeking time to file rejoinder in NM No.2286/21 and NM No.2520/18. Time granted by way of last chance.
Adv. Venkateshwar for defendant present.
Matter stands adjourned to 28.01.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Matter called out at 2.55 p.m.
Plaintiff in person present.
Adv. Neha Pandey for plaintiff. She is seeking time to file rejoinder. Time granted.
Adv. Venkateshwar for defendant present.
Matter stands adjourned to 30.04.2022 for rejoinder/NM hearing.
Next Purpose: REJOINDER
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv. Ravindra Singh h/f Saraogi for plaintiff present.
None present for defendant.
As court is busy in dictating judgment in 20 years old SU No.7753/00.
Matter stands adjourned to 12.07.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. Swati M. for plaintiff present. She is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 08.09.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Plaintiff a/w Adv. Karan Chaudhary present. He is seeking time to file rejoinder. Time granted.
Adv. S. Venkateshwar for Deft. no.2 present.
Matter stands adjourned to 11.11.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Plaintiff a/w Adv. Karan Chaudhary present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 19.12.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on Leave.
Next Purpose: REJOINDER
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Plaintiff a/w Adv. Neha Pandey present.
Adv. S. Venkateshwar for defendant No.1 present.
Heard the advocate of defendant on NM No. 193/2020.
Matter stands adjourned on 27.03.2023 for NM No.193/2020 argument of Plaintiff.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Plaintiff in person present.
None present for defendant.
K.B.
Later on at 5.00p.m.
None present.
Matter stands adjourned on 06.05.2023 argument P.H.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: Court is on leave.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv Ravindra Singh for Plaintiff present and seeks time for filing rejoinder. Time granted.
None for defendant present.
Matter stands adjourned on 12-09-2023 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Plaintiff in person present and sought time to appoint another advocate. O- time granted.
Adv Ravindra Singh for defendant present.
Matter stands adjourned on 28-11-2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: None present for Plaintiff.
Advocate Ravindra Singh present for Defendant.
Matter stands adjourned on 02-02-2024 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: Court is on leave
Next Purpose: REJOINDER
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Advocate Ravindra Singh @ Plaintiff present
Advocate Farddin Shaikh h/f Adv. Amruta Devkat for defendant no. 1 present.
Exh.11 Application filed by plaintiff for submitting real facts on record. Taken On Record and copy served on defendant no.1.O- seen
Exh.12 Application filed by plaintiff for submitting real facts on record. Taken On Record and copy served on defendant no.1.O- seen
Exh.13 Adv. Amruta Devkat filed V/P for defendant no. 1 along with NOC of previous Advocate. Taken On Record. O - filed.
The Ld. adv for defendant no. 1 is directed to keep the defendant no. 1 present before the Court on next date without fail.
Matter stands adjourned on 22-03-2024 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Plaintiff in person present.
Exh.14. Adv. Ravindra Singh for plaintiff present and filed application for withdraw his appearance. Taken On Record.
O -Allowed.
Adv. Farddin Shaikh h/f Adv. for defendant no. 1 present.
Exh. 15 Adv for defendant no. 1 filed application for adjournment. Taken On Record. O - Plaintiff to say.
The Ld. Adv. for defendant no. 1 has filed adjournment application on ground of ill health of defendant no. 1 by mentioning that the defendant no. 1 not travel and appear before this Court for three months due to several problems. The Ld. Adv. for the defendant no. 1 is seeking adjournment and informed the Court that the defendant no.  1 ready for the V/C. The plaintiff has orally opposed this application and stating that the defendant no. 1 her brother and he kept in illegal detention. She has further submitted that drugs are administered to him and he is prevented to appear before the Court. On last date the specific directions are given to the Ld. Adv for defendant no. 1 for securing the presence of defendant no.1 before this Court as the plaintiff wants to talk with her brother. But such directions are not complied and the adjournment application is filed on record by showing the health issue of the defendant no.1. The Ld. Adv for defendant e no. 1 informed the Court that defendant no. 1 is diabetic problem and facing eye  problem. The medical documents to show that the defendant no. 1 is unable to appear before Court and not produced. Therefore strict directions are issue to the Ld. Adv. for the defendant no.1 that keep present the defendant e no. 1 on next date before Court otherwise the adverse inference will be drawn against the defendant no.1.
Adjournment is granted for last chance.
Matter stands adjourned on 03-05-2024 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Plaintiff in person present.
Adv. Farddin Shaikh h/f Adv. Amruta Devkat for defendant no. 1 present.
Exh. 16 Application filed by plaintiff . Taken On Record. O - Seen.
Matter stands adjourned on 05-07-2024 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 19-09-2024 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Plaintiff in person present and tendered pursis t.o.r. and marked as Exhibit-17.
She also tendered copy of death certificate of defendant No.1 t.o.r. and marked as Exhibit-18.
None for defendant present.
Plaintiff is directed to take steps to bring Lrs of defendant No.1 on record.
Matter stands adjourned on 04-12-2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Plaintiff is in person present.
None for defendant present.
The plaintiff orally informed the Court that defendant no. 1 was her brother and he died as unmarried. Therefore there is no legal heirs. The plaint indicates that the plaintiff has sought relief only against the defendant no.1. As the defendant no. 1 is not alive and there is no legal heirs. Hence, suit is abated against the defendant no.1.
The plaintiff is not asked any relief against the defendant no.2. Hence, following order is passed.
ORDER
1. Suit No. 1467 of 2018 stands abated against the defendant No.1.
2. Suit No. 1467 of 2018 is dismissed against the defendant No.2.
3. The NM No. 2287/21,  NM No. 193/20, NM No. 2520/18, NM No. 2286/21 are hereby disposed of.
Nature Of Disposal: OTHER
Disposal Date: 04-12-2024

NOTICE OF MOTION/102520/2018
NOTICE OF MOTION/102286/2021
NOTICE OF MOTION/100193/2020
NOTICE OF MOTION/102287/2021

Filing Number: 105195/2018
Filing Date: 11-04-2018
First Hearing Date: 17th July 2018
Decision Date: 04th December 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE