Mr. Prakash Kisan DashetyeVsMr. Prashant Kisan Dashetye +2 more

Date: 08-07-2019
Business: By precipee
NOB TOB
Adv.Ms. Smita Salve for plaintiff present and filed application for extension of time to serve the writ of summons.
Application for extension of time. Heard. Application is allowed. Time extended by three weeks till 29.07.2019 for serving writ of summons.
Matter stands Adj for to 15.7.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Adv. Smita Salave for plaintiff present and submitted she wants further extension of time to serve the writ of summons. Time is already extended till 29.07.19.
Matter stands Adj for return of writ of summons on 29.07.19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Adv. Jafari for plaintiff present and filed affidavit of service of writ of summons.
None present for defendant.
Matter stands Adj for WS to 23.09.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv. Jafari for plaintiff present.
Adv. for Defendant present.
Matter stands Adj for Written Statement to 18.11.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Rakesh Kamble h/f Adv Jafrin for plaintiff present.
Adv. Tanbaji Jadhav for defendant no.1 present.
W/S filed by adv. for deft.no.1. t.o.r.
Copy is served to other side.
Heard both sides.
Perused the record, as per evidence affd. filed by plff. on 29.07.2019, the deft.nos.2 and 3 have been served with Wr/sum on 22.07.2019 but they are absent. Hence, suit to proceed exparte against them.
It appears that it is a suit for partition. So the dispute between the parties is family dispute. Therefore, Ld. Counsel for the both sides  are informed that they can get instructions from their client for the possibility of the settlement, if any, by next date.
Matter stands Adj for settlement / framing issues on 15.01.2020.
L.O. at 04.35 p.m.
Adv. Jafrin for the plff. present and submitted that as per affd. of service the D/1 was served on 22.07.2019. Therefore, W/s filed by D/1 today, is beyond 90 days. Hence, plff. has objection for taking W/S of D/1 on record.
In view of the above, keep the matter for hearing on objection of plff. on next date.
Matter stands Adj for settlement / framing issues on 15.01.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: None present for plaintiff.
Defendant no. 1 present.
Adv. R. K. Mendalkar for defendant no. 1 present.
Mr. Sunil Babu Ghadigaonkar, representative of defendant no. 2 present and filed letter addressed to registrar City Civil Court, Mumbai dated 01.12.2019 informing the court about the factual position in respect of suit flat along with copy of share certificate and extract of proceeding.
Letter addressed to registrar City Civil Court, Mumbai dated 01.12.2019 on behalf of defendant no. 2. TOR.
Ld. counsel for defendant no. 1 submitted that the matter is between the two brothers and suit is for partition. As per averments para 18 and prayer clause (d) of the plaint, plaintiff is claiming 1/5th share in the suit premises. The defendant no.1 is ready to pay him the 1/5th share as per valuation of suit claim that come to Rs. 6,00,000/-.
Hence, it was submitted that time may be granted to settle the matter in above terms.
Matter stands Adj for settlement to 05.02.2020.
Later on
Adv. Jafari for plaintiff present.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. Jafari for plaintiff present.
Adv. R. K. Mendadkar for defendant present.
Ld. counsel for plaintiff submitted that the proposal for settlement given by defendant no. 1 is under consideration of plaintiff and sought adjournment. Adjournment granted.
Matter stands Adj for settlement to 28.02.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Court is busy in dictating Judgement in Commercial suit no. 98/19. Hence, board is discharged.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: None present for plaintiff and defendant.
Matter stands adjn for settlement to 27.11.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: None present for plaintiff and defendant.
Court is busy in hearing other urgent matter.
Matter stands Adj for Settlement to 05.01.2021
Next Purpose: SETTLEMENT
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Not on Board Taken on Board.
Perused the record. The suit is at pre-trial stage. I find that there is an element of compromise. Matter can be referred to ADR for settlement. Hence, issue notice to parties for referring the matter to Lok Adalat on 12.12.2020.
Matter already Adj to 05.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Advocate Noman Jafri for plaintiff present.
Advocate Ms. Komal Gaikwad for defendant no.1 present.
It appears that the case is pending for settlement since long. However, due to the nationwide lockdown imposed, the parties could not discuss the settlement. The matter was referred to the Lok-Adalat but the plaintiff did not turn up.  Looking to the nature of dispute there is certainly an element of settlement. Therefore the matter is a suitable case for referring to mediation.  In view of this, the mater is referred for mediation.
The case is adjourned to 06.02.2021 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None present.
The case is adjourned to 20.03.2021 for Mediation report.
LO at 12.33pm
Advocate Jafri h/f adv. Noman Jafri for plaintiff present.
Defendant present.
Already the case is adjourned to 20.03.2021 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: The case is adjourned to  17.04.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Court is vacant
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Matter called out at 04.04 p.m.
None present.
Matter stands adjourned to 20.12.2021 for issues.
Later on at 04.55 p.m.
Adv. Noman Jafri for plaintiff present.
Matter already stands adjourned to 20.12.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Noman Jafri for plaintiff present.
Adv. Komal Gaikwad for Defendant present.
It appears that, my predecessor on 20/03/2021 did not accept the consent terms as those were executed in the absence of two sisters.
Parties are directed to obtain the consent of the sisters and produce them before the court.
Matter stands adjourned to 17/01/2022 for compliance/steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Matter called out at 11.44 a.m.
Plaintiff in person present.
Adv. Noman Jafri for plaintiff present.
Adv. T. V. Jadhav for defendant present.
The matter was already settled in Mediation.
Today, the sister of plaintiff i.e. Kum. Priya Alias Reshma and Kum. Pallavi @ Pallavi Prashant Varange filed their consent to the settlement.
Their consent affidavit is TOR. Exh.6.
Deft. No.1 paid draft of Rs.11,00,000/- to the plaintiff in the court.
In view of, matter is settled.
Following order is passed.
1.   In view of consent terms, decree be drawn up.
2.   Necessary court fees be refunded as per rules.
3.   Suit disposed of as settled.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 17-01-2022

Filing Number: 105410/2019
Filing Date: 03-05-2019
First Hearing Date: 08th July 2019
Decision Date: 17th January 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE