Date: 05-07-2019
Business: Advocate Mr. Raj for Plaintiff present and filed service of writ of summons, t.o.r. He also filed registered Notice of Motion no.2317/2019 with affidavit in support, t.o.r.
Advocate Mr. Pravin G. Sawant for Defendant no.1 to 3 and 5 to 7 present and filed vakalatnama, t.o.r.
Court is busy in hearing Notice of Motion in suit no.8489/1993 which is Hon\''ble High Court Time Bound matter and court has to her Notice of Motion in suit no.1398/09, hence case is adjourned to 01/08/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Advocate Mr. Omprakash Pandey for Plaintiff present.
Advocate Mr. Shirke for Defendant no.1 to 3 and 5 to 7 present and submitted that advocate Mr. Sawant is going to argue NM and he is held up in another court, however court can proceed with hearing argument of Plaintiff.
Plaintiffs advocate submitted that Defendants are not ready for settlement hence he is intending to argue the NM. Heard advocate for Plaintiff who has referred copy of family settlement and he has also referred disputed released deed which is filed at page no.87 of the plaint. Advocate for Plaintiff argud that the family settlement proves the fact that suit property is joint family property however Defendants are not allowing Plaintiff to participate in joint family business which is referred at serial no.4 in the schedule annexed to the plaint hence Plaintiff is required to file this suit and he is required to pray for reliefs mentioned in NM. For proving plffs participation in disputed business advocate for Plaintiff referred para no.5 of affidavit filed in support of NM along with complaint dated 26/04/2019 filed with police. According to advocate for Plaintiff on the basis of family settlement, Plaintiff is participating in disputed business and he has right title and interest in suit property. Therefore, Court Receiver is necessary to be appointed for the purpose of disputed business and for maintaining its accounts. It is also argued that other reliefs prayed in NM in respect of creating third party interest by Defendants in suit property, dispossessing Plaintiff from suit property are also necessary to be granted.
Advocate Mr. Sawant for Defendants submitted that Plaintiff is not participating in the disputed business and disputed release deed is dated 26/03/2015 and Plaintiff has falsely contended that in the month of April 2019 he had seen said released deed lying on the table. It is argued that said false ground is raised by Plaintiff to bring his claim about released deed in limitation and there is no reason to believe said contention. He submitted that if at all court will appoint court receiver Defendants may be appointed as agent of Court receiver for the purpose of running disputed business. It is argued that Plaintiff is residing with Defendants. Lastly, it is submitted that Plaintiff is not entitled to the reliefs sought in NM.
Case is adjourned to 13/08/2019 for order on NM no.2317/19.
Next Purpose: NM ORDERS
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Advocate Madhvi Rai for Plaintiff present
Advocate P. G. Sawant for Defendant nos.1 to 3 and 5 to 7 present
Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 03/09/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: Adv. Omprakash Pandey for plaintiff present.
All defendants are present.
Board is discharged due to want of electricity.
Case is adjourned to for NM orders 04/09/2019
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2019
Date: 03-09-2019
Business: Adv. Omprakash Pandey for plaintiff present.
All defendants are present.
Board is discharged due to want of electricity.
Case is adjourned to for NM orders 04/09/2019
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Advocate Madhvi Rai for Plaintiff present
None present for Defendant.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.2317 of 2019 stands disposed off/dismissed.
Plaintiffs advocate submitted that matter may be fixed on 09/09/2019 so that with consent of parties matter can be referred for mediation.
Case is adjourned to 09/09/2019 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Advocate Omprakash Pandey for Plaintiff present
Advocate P. G. Sawant for Defendants present
Both the parties have submitted that matter may be referred for mediation. Parties are directed to file mediation referral letter.
Parties filed mediation referral letter.
Case is adjourned to 30/09/2019 for report of Mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Ms. Madhvi Rai for plaintiff present.
Adv. Mr. Shirke for defendant present and filed draft N/M for appointment of commissioner. Leave granted to register the N/M. Defendant are directed to served the copy of N/M.
Both the ld. advocates are submitted they are thinking possibility of settlement and matter is fixed for mediator Judge and matter is posted 14.10.19 on hence matter is adj. 14.10.2019 for awaiting mediation report.
Case is adjourned to 14.10.2019 for awaiting mediation report
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Mr. Omprakash Pandey @ plaintiff present.
Adv. Mr. Sawant @ defendant present and filed registered Notice of Motion no.3651/2019 with affidavit in support, t.o.r.
Report of mediation Exh.3 along with consent terms Exh.4.
Plaintiff filed pursis for withdrawing suit unconditionally against Defendant no.4, t.o.r. Plaintiff submitted that he is withdrawing suit against Defendant no.4 unconditionally, hence verified.
VERIFICATION
Mediation report Exh.3 shows that the mediation is successful in view of consent term Exh.4. Plaintiff as well as defendant nos.2,3,5 to 7 present with their advocates. Parties are directed to sign the consent terms today before Court. Accordingly, parties have signed consent terms in presence of the Court. They have admitted contents of consent terms Exh.4. Hence, consent terms are verified.
ORDER BELOW EXH.1
1. Plaintiff has withdrawn this suit unconditionally vide withdrawal pursis Exh.5 against Defendant no.4, hence suit stands disposed off as withdrawn against Defendant no.4
2. Suit stands disposed off as per mediation report Exh.3 and consent terms Exh.4.
3. Decree be drawn be accordingly as per consent terms Exh.4.
4. Notice of Motion No.3651/19 also stands disposed off.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 14-10-2019