Mr. Gautam Laxman SakpalVsAnil Laxman Sakpal

Date: 09-10-2019
Business: Adv. Sambodhi Mane for plaintiff present.
Adv. Usha for defendant present.
Defendant tendered draft notice of motion.
O - Leave is granted to register it.
Copy is served on plaintiff.
KB
Plaintiff filed reply on draft notice of motion itself.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
        Perused draft notice of motion, affidavit in support of it and reply of plaintiffs. Heard respective counsel for parties.
         Draft notice of motion is taken out by defendant to condone delay caused in filing written statement.  It is contended that delay was caused as defendant was required to collect and procure necessary documents from the respective society for substantiating his pleadings which took some time and because of which delay of 23 days has been caused in filing his written statement.  Accordingly, he made prayer in above terms.
   Plaintiff opposed notice of motion on the count that delay caused  is deliberate on the part of defendant and he has not assigned any valid reason for condoning delay. Accordingly, he prayed for dismissal of notice of motion.
     It is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement 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). In view of this legal position, now, I consider notice of motion.
      Defendant has given reason that he was required to collect and procure necessary documents from the respective society for substantiating his pleadings which took some time and because of which delay of 23 days has been caused in filing his written statement. Reason assigned by him is sufficient to condone delay caused in filing written statement.  Delay caused is not inordinate and it cannot be termed as deliberate.   More so, defendant has shown his bona fide by annexing written statement along with notice of motion. In above facts and circumstances I am inclined to allow draft notice of motion in the interest of justice and fair trial with certain costs. Hence, passing following order
ORDER
1.      Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to costs of Rs.500/- (Rupees Five Hundred only) to plaintiff within period of one week from the date of this order.
       Defendant is at  liberty to deposit costs payable to plaintiff in the Court.
2.     On payment of costs written statement of defendant be taken on record and marked exhibit.
3.   Draft notice of motion be registered for statistical purpose.
4.   Accordingly, draft notice of motion is disposed off.
Costs paid by defendant to plaintiff.
Exh.4-Written statement cum reply to notice of motion along with list of documents filed by defendant -t.o.r.
Copy is given to other side.
Earlier order, if any, to continue till next date
Adjd. for framing issues to 19.11.2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Adv. Sambodhi mane for plaintiff present.
None present for defendant.
Pleadings are complete in  NM 1779/19
so it is posted for hearing.
Earlier order, if any to continue till next date.
Matter is posted for NM hearing to 19.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Sambodhi Mane for Plaintiff present.
Adv. Usha Thakur for defendant present.
Adv for plaintiff sought adjournment - Granted.
Earlier Order, if any to continue till next date.
Adjd. to 04.02.2020  for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv Adv Sambodhi Mane for plff present.
Deft present and his Adv absent.
Matter stands Adj for NM hearing to 24/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Plff present.
Adv S. A. Shaikh for plff present.
Adv Usha Thakur for deft present.
Adv for plff seeks time for hearing.  Granted as last chance.
Matter stands Adj for NM hearing to 18/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv Shafiq for plff present.
Matter stands Adj for NM hearing to 24/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020

Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Adv Shaikh Shafi for plff present.
Earlier Order continue.
Matter stands Adj for NM Hearing to 25/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Both parties and their adv are absent.
Last chance was granted to the plff for hearing on NM on 18.03.2020. Since this is the first date after regular functioning of the court, Last chance is granted to the plff for hearing on NM.
Earlier order continue.
Matter stands Adj for NM Hearing to 01.04.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021

Date: 25-02-2021
Business: Both parties and their adv are absent.
Last chance was granted to the plff for hearing on NM on 18.03.2020. Since this is the first date after regular functioning of the court, Last chance is granted to the plff for hearing on NM.
Earlier order continue.
Matter stands Adj for NM Hearing to 01.04.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Adv Shafi Shaikh for plff present.
Deft present and his Adv absent.
Earlier order to continue.  Last chance is granted to plff for hearing on NM.
Matter stands Adj for NM hearing to 11/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: (Matter pertains to C. R. No. 02)
Adv Shaikh Shah Ahmed for plff present.
None for deft.
Earlier order if any to continue till next date.
Adjd to 26/07/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv Shafiq Shaikh for plff present.
Deft present and his Adv absent.
Earlier order to continue, if any.
Matter stands Adj to 25/10/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv S. A. Shaikh for plff present.
Adv Usha Thakur for deft present.
Heard Adv for both parties.
Admittedly plff and defts are residing in the same suit premises.
Matter stands Adj for NM Orders to 09/11/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Next Purpose: NM  ORDERS
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Advocate Ashma Ashrafi for plaintiff is present.
Advocate for defendant absent.
Defendant present.
F.R.S.R. the following order is passed on NM No.1779/19
ORDER
1. Notice of Motion No. 1779 of 2019 is allowed and made absolute in terms of prayer clause (a) and (b).
2. No order as to costs.
3. Notice of Motion No. 1779 of 2019 is disposed of.
Matter stands Adj for issue on 18.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2022

Date: 11-11-2021
Business: Advocate Ashma Ashrafi for plaintiff is present.
Advocate for defendant absent.
Defendant present.
F.R.S.R. the following order is passed on NM No.1779/19
ORDER
1. Notice of Motion No. 1779 of 2019 is allowed and made absolute in terms of prayer clause (a) and (b).
2. No order as to costs.
3. Notice of Motion No. 1779 of 2019 is disposed of.
Matter stands Adj for issue on 18.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2022

Date: 11-11-2021
Business: Advocate Ashma Ashrafi for plaintiff is present.
Advocate for defendant absent.
Defendant present.
F.R.S.R. the following order is passed on NM No.1779 of 2019.
ORDER
1. 	Notice of Motion No. 1779 of 2019 is allowed and made absolute 	in terms of prayer clause (a) and (b).
2.	No order as to costs.
3.	Notice of Motion No. 1779 of 2019 is disposed of.
Matter stands Adj for issue on 18.01.2022.
Disposal Date: 11-11-2021

Date: 15-11-2021
Next Purpose: NM  ORDERS
Next Hearing Date: 11-11-2021

Date: 18-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Both parties and their Adv absent.
Matter stands Adj for Draft Issues to 28/03/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv Faqruddin Khan for plff present.
Adv Shweta Kumbhar for deft present.
Matter stands Adj for Draft Issues to 28/06/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv.  Pakruddin for plaintiff present.
He seeking time to submit draft issue. Time granted.
None for defendant present.
Matter is adjd for draft issue to 08/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None for plaintiff present.
Adv. Usha Thakur for defendant present.
She seek time. Time granted.
Defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 06/12/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv. Niranjan Kondyala for plaintiff present.
He seek time for filling draft issue. Time granted.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 28/02/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: None  for plaintiff present.
Adv.  Usha Thakur for defendant present.
She seek time for draft issue. Time granted.
Defendant present.
Matter adjourned for draft issue to 06/05/2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: None for plaintiff present.
Defendant present and advocate absent.
Draft issue not filed.
Matter adjourned to 17/08/2023 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Advocate Mr. Afzal Ansari for plaintiff present and seeks time to file draft issues. O- Granted.
Advocate Ms. Usha Thakur for defendant present and she tendered draft issues. Copy given to other side.
Matter adjourned for draft issues on 06.12.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Plaintiff present and seeks time. O- Granted.
Defendant present.
Advocate Mr. Afzal Ansari h.f. Advocate Shafi Shaikh   for plaintiff present.
Later on at 11.45 A.M.
Advocate Ms. Usha Thakur for defendant present.
Matter adjourned for draft issues on 31.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Both parties and advocate absent.
Later on at 11.35 A.M.
Defendant present.
Advocate Ms. Usha Thakur for defendant present.
Plaintiff and advocate absent.
O- Last chance granted to plaintiff.
Matter adjourned for draft issues on 20.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Plaintiff present.
Advocate Imran Ansari h.f. Shaikh Shafi Ahmed for plaintiff present and seeks time. O- Granted.
Advocate Usha Thakur for defendant present.
Matter is adjourned for draft issues on 05.09.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: Defendant present.
Advocate Mr. Saurabh Tambe for defendant present.
Plaintiff present and he is directed to file draft issues.
Matter is adjourned for draft issues on 27.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Plaintiff and his advocate both are absent.
Issues are frame at Exh-5.
Defendant and his Advocate Usha both are present.
Matter is adjourned for RE on 01.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: Defendant present.
Kept back
Advocate Ms.Huma Sayyad for plaintiff present.
Advocate Usha Thakur for defendant present.
The record shows that the matter is pending for the evidence since long. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to lead his evidence otherwise matter will be dismissed for default.
Matter is adjourned for Recording Evidence on 20.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: Defendant present.
Advocate Somendra Singh for plaintiff present and submitted that the plaintiff is expired on 04.03.2025 and seeks time to take necessary steps to bring the LR of plaintiff on record. O- Granted.
Advocate Ms. Usha Thakur for defendant present.
Matter is adjourned for Recording Evidence on 22.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: P.O IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: None present for the plaintiff.
Advocate Usha Thakur for defendant is present.
Evidence affidavit is not filed by plaintiff. Last opportunity is granted to plaintiff to file evidence affidavit.
Matter adjourned to 26.11.2025 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: Advocate Huma Sayyed h.f. Advocate Shaikh Shafi for plaintiff is present. She submitted that, the plaintiff has expired and she seeks time to take steps as regards LRs are concerned. O- Granted as prayed.
Advocate Siddhi Balekar for defendant is present.
Matter adjourned to 21.01.2026 for Recording Evidence / taking steps.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Advocate Imran Ansari h.f. Advocate Shaikh Shafi Ahmed for plaintiff is present. He submits that, the plaintiff died therefore he is going to file C/S for bring LRs of plaintiff on record, hence short adjournment granted.
Defendant is present.
Matter adjourned to 02.04.2026 for Recording evidence.
Later on at 11.30 A.M.
Advocate Usha Thakar for defendant is present.
Matter adjourned to 02.04.2026 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: Advocate Fakhruddin Khan h/f Adv. Shaffi Shaikh for plaintiff is present.
defendant is present.
Advocate for defendant is absent.
Matter adjourned to 04.07.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2026

Date: 04-07-2026
Business: CORAM.H.H.J. SHRI. AD-HOC S.K.FOKMARE (CR No.64)
Matter received from C. R. No.2.
Adv. Huma Sayyed h/f Adv. Shaikh Shafi present for plaintiff.
Adv. Pragati More h/f Adv. Usha Thakur present for defendant no. 1 present.
Defendant in person present.
Advocate for plaintiff seek time to take steps.
Matter is adjd to 13.07.2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: Adv. Shfeeq Shaikh for prosposed plaintiff present and tendered draft chamber summons along with affidavit in support. O- Leave is granted to register Chamber Summons. He also filed vakalatnama in draft chamber summonsTOR and marked as Exh.06
Adv. Usha Jhakar for defendant present.
Matter is adjd to 29.07.2026 for reply and hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Adv. Satish Shaikh for plaintiff present and tendered register chamber summons No. 1732/26.
None present for defendant.
Matter is adjd to 14.08.2026 for reply.
Next Purpose: REPLY
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: The Presiding Officer is relived for Induction Orientation Training.
Next Purpose: REPLY
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: CORAM-H.H.J. SHRI. AD-HOC S.K.FOKMARE (CR No.64)
Not On Board/Taken On Board by praecipe.
Adv. Vivek Khandkar a/w Adv. Pragati More i/b Adv. Usha Thakur  present for defendant and filed application by praecipe for taking the case on todays board. It is taken on record and marked as Exh.06.
O.- Allowed to take on todays board.
He also tendered draft Notice of Motion along with affidavit in support. O.- Leave is granted to register Notice of Motion.
He also filed reply in CS 1732/2026. TOR and marked as Exh.07.
Supply copy to other side.
Matter is already adjd. to 17.09.2026 for NM reply and CS hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2026

Date: 17-09-2026
Business: P.O. IS ON LEAVE
Next Purpose: DIRECTIONS
Next Hearing Date: 21-10-2026

NOTICE OF MOTION/104825/2026
NOTICE OF MOTION/103783/2019
CHAMBER SUMMONS/101732/2026

Registration Number: 102490/2019
Transfer Date: 04-07-2026
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 64 - COURT 64 AD-HOC ADDL SESSIONS JUDGE

Filing Number: 105545/2019
Filing Date: 13-05-2019
First Hearing Date: 09th October 2019
Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE