Mrs. Savitri Omprakash Singh - Suit No.1173 of 2019VsMrs Kalpana Prakash Wagralkar And Ors

Date: 20-06-2019
Business: Adv. Dube for plaintiff present and he tendered original Nm no. 1797/19 along affidavit and original writ of summons.
Adv. Raunek Parekh for defendant no. 5 and 6 present and he undertakes to file VP on behalf of D-5 and 6 on next date. he further submitted that D-6 has been wrongly made party to the suit had his name needs to be deleted by making amendment by the plaintiff. Counsel for D-5 and 6 is directed to file necessary application/raise the point of  objections in the WS.
Defendant no. 1 to 4 are absent.
Ld. counsel for plaintiff submitted that writ of summons was issued to Defendants. D-2 and 4 have been served and their signatures are obtained on writ of summons. As per report of bailiff, D-1, 3 and 5 could not be served as they were not found at the given address.
Application filed by Ld. counsel for plaintiff for substituted service by publication against D-1, 3 and 5.
Heard. Ld. counsel for plaintiff submitted that since D-5 has appeared through counsel substituted service by publication may be granted against D-1 and 3 only.
In view of the above, Ex-2 is Allowed as prayed. Ld. counsel for plaintiff to take steps and do the needful as per procedure.
In view of the above, matter stands Adj for taking steps by plaintiff for substituted service by publication against D-1 and 3 and WS by D-5 and 6 to 29.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: As the Court is busy in dictating order in suit no. 866/2014, 1206/2014 and 9083/1995. Hence board discharged.
Matter stands Adj for Haring NM to 17/09/2019.
L.O.
Adv. Almeda h/f. for Adv. Patel present.
Adv. Dubey for plaintiff present .
Vakalatnama filed by Adv. Patel for defendant no. 1 and 2. TOR.
Vakalatnama filed by Adv. Patel for defendant no. 3 and 4. TOR.
Written statement filed by Adv. on behalf of defendant.
Adjd. to 17/09/2019 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. Dube for plaintiff present.
Adv. Mohsin Momaya for defendant no. 1 to 4 present.
Adv. Raunak Parekh for defendant no. 5 and 6 present.
Heard both sides.
Ld. counsel for defendant no. 5 and 6 submitted that the defendant no. 5 and 6 has been made wrongly party to the suit. WS and reply of defendant no. 5 and 6 is ready and in the WS he has raised his objections. So, therefore the directions be given to the plaintiff to amend the plaint.
Ld. counsel for defendant no. 5 and 6 submitted two separates affidavit in reply to NM no. 1797/19. Copy served on the other side.
Ld. counsel for plaintiff submitted that the defendant no. 5 and 6 was served long back in the month of May 19 and the statutory period of 30 days and 90 days respectively is over. Ld. counsel for defendant no. 5 and 6 wants to file separate NM raising objections, if any. Ld. counsel for plaintiff submitted that he wants time to file rejoinder to the reply filed by defendant no. 5 and 6. Time granted.
As per order sheet dated 20.06.19, Ld. counsel for defendant no. 5 was directed to take appropriate steps for raising objections or raise the same in the WS. It appears from record that the WS of defendant no. 5 has not come on record within time. Hence, Ld. counsel for defendant no. 5 and 6 is directed to take necessary steps raising objections/Motion for condonation of delay, if any, in filing the WS and also file his VP on record on next date.
Matter stands Adj for taking steps by defendant no. 5 and hearing on NM no. 1797/19 and rejoinder by plaintiff to 07.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv. Dube for plaintiff present and filed draft CS for amendment in the plaint along with affidavit. Leave granted to register draft CS. He seeks time to file rejoinder to NM no. 1797/19 and reply in NM no. 3765/19. Time granted.
Adv. Charuliya for defendant 1 to 4 present and seeks time to file reply. Time granted.
Adv. Navneet Parekh for defendant no. 5 and 6 present and filed original NM no. 3765/19 along with affidavit.
Ld. counsel for plaintiff and Ld. counsel for defendant no. 1 to 4 is directed to serve the copy on reply in advance to Ld. counsel for defendant no. 5 and 6.
Matter stands Adj for filing  rejoinder to NM no. 1797/19 and reply in NM no. 3765/19 by plaintiff to 06.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. I. S. Yadav for plaintiff present and filed original CS no. 2195/19 along with affidavit and submitted that by the CS 2195/19 plaintiff wants to make amendment in the cause title of the suit and correct the name of defendant no. 6 as per schedule annexed with the CS.
Adv. Raunak Parekh for defendant no. 5 and 6 present.
Heard both sides on CS no. 2195/19.
In view of the submissions made before the court and no objection from Ld. counsel for defendant no. 5 and 6. The CS 2195/19 is hereby allowed. Plaintiff is permitted to carry out the amendment within two weeks from today and submit amendment copy of the plaint on record and serve on the other side as per procedure within two weeks thereafter.
Ld. counsel for defendant no. 5 and 6 submitted that his NM no. 3765/19 is pending for condonation of delay in filing WS. Inspite there is no intentional delay. Hence, NM may be allowed. Ld. counsel for plaintiff seeks time to file reply to the NM. Time granted.
Matter stands Adj for compliance and filing reply to NM no. 3765/19 to 20.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Yadav for plaintiff present and filed reply to NM no. 3765/19. Copy served on other side. he further submitted that he has complied with the directions of this court and amendment has been carried out and copy of amended plaint has been served on the defendant.
Adv. Parikh for defendant present.
Matter stands Adj for NM hearing to 14.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Matter stands Adj for NM Hearing to 03.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. I. S. Yadav for plaintiff present.
Navin Mehra, CA of defendant no. 1 to 4 present and prayed for adjournment for hearing on NM. Time granted as last chance.
Matter stands Adj for hearing on NM to 18.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Dubey for plaintiff present.
Adv. Patel for defendant no. 1 to 4 present.
Adv. Minakshi Iyer for defendant no. 5 and 6 present.
Matter stands Adj for hearing on Nm 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: 22-04-2020
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: 02-06-2020

Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 05.02.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None present.
The case is adjourned to 19.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: As Court is busy in hearing in suit no. 651/13 , NM in SU No. 134/17, 1225/09, 2903/18,189/19 and also in other matters on board the case is adjourned.
The case is adjourned to 21.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Matter called out at 3.49 p.m.
None present.
Matter stands adjourned to 15.12.2021 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: None present for plaintiff.
Adv. Meenakshi Iyer for Deft. no.5 and 6
As court is busy in recording evidence in SU No.3271/13 and SU
No.380/13. Therefore, matter stands adjourned to 29.01.2022 for NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Matter called out at 3.21 p.m.
None present for plaintiff.
Adv. Manasi Tipnis I/b Advaya Legal for Deft. No.5 and 6 present.  She is seeking time. Time granted.
Matter stands adjourned to 17.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: None present.
Matter stands adjourned to 05.08.2022 for NM hearing/NM
dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None present for plaintiff.
Adv. Siddhart Jadhav for Deft. no.1 to 4 present.
Adv. Meenakshi Iyer for Deft. no.5 and 6 present.
Following F.R.S.R order is passed in NM No.3765/2019.
ORDER
1.Notice of Motion No.3765/2019 in Suit No.1173/2019 is hereby allowed.
2.Delay stands condoned.
3.Defendant is permitted to file written statement on record.
4.Notice of Motion stands disposed off accordingly.
WS on Deft. no.5. TOR. Exh.09.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 07.10.2022 for appearance of plaintiff/
NM hearing/issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Siddharth Jadhav for Deft. no. 1 to 4 present.
Bailiff report received. TOR. Exh.10.
Plaintiff absent, NM No.1797/2019 stands disposed of for want of prosecution.
Put up for issues.
Matter stands adjourned to 15.12.2022 for issues.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-10-2022

Filing Number: 105594/2019
Filing Date: 21-05-2019
First Hearing Date: 20th June 2019
Decision Date: 07th October 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE