Surendar Rawlu GavandeVsLilawati Rawlu Gavande And Ors

Date: 06-07-2019
Business: Advocate Mr. Anil Lulla for Plaintiff present and filed registered Notice of Motion no.1873/2019 with affidavit in support, t.o.r.  He also filed affidavit of service, t.o.r.
Advocate Mr. Eknath Dhokale @ Defendant no.1 present and filed vakalatnama, t.o.r.
Advocate Mr. Vishal Gade for Defendant no.2 present and filed vakalatnama, t.o.r.
Advocate for Defendant no.1 and 2 submitted that copy of NM is not received by Defendant no.1 and 2.  Plaintiffs advocate submitted that he will provide the copy of NM to advocate for Defendant no.1 and 2.
Case is adjourned to 17/10/2019 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Advocate for Plaintiff present
Advocate Eknath Dhokle for Defendant no.1 and 2 present and sought time to file NM reply.  Considering submissions adjourned.
Case is adjourned to 02/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Advocate Mr. Anil Lulla for Plaintiff present
Advocate Mr. Eknath Dhokale for Defendant no.1 and 2 present and submitted that he is intending to file Notice of Motion as Plaintiffs claim has become infructuous.
Case is adjourned to 21/01/2020 for filing Notice of Motion and for taking steps by Defendants.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Advocate Mr. Anil Lulla for Plaintiff present and submitted that matter is already adjourned to 21/02/2020.  Considering submission, case is adjourned to 21/02/2020 for filing Notice of Motion and for taking steps by Defendants.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Advocate Anil Lulla @ Plaintiff present and submitted that Defendants have not filed NM reply for more than one year.  Hence if Defendant will not file NM reply till next date, court will be compelled to hear Plaintiff\''s arguments of NM without reply of Defendant.
None present for Defendants.
Case is adjourned to 18/06/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021

Date: 13-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv Mr. Anil Lulla for Plaintiff present and mentioned the matter in the morning session.  He seeks adjournment. Matter is fixed for filing reply by defts to the Notice of Motion of Plaintiff, as is pointed out by learned advocate for Plaintiff. On request of learned advocate for Plaintiff, since matter is posted for reply of Defendant, matter is adjd. for reply of Defendant to Notice of Motion to 06.03.2021.
JUDGE
L.O.
Plff present in person.
Adv Mr. Eknath Dhokle for Defendant present.
Already adjd. to 06.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: By Precipe.
Adv. Shri. Chandan R. Yadav present and filed Vakalatnama on behalf of proposed defendant Shri. Sandeep Prakash Kadam is t.o.r. and marked as Exh.5. He also filed draft Chamber Summons  for making proposed defendant as party in the suit. O- Leave granted to register the Ch/s.
He is directed to serve the copy of Ch/s. on the plaintiff and defendants.
Already adjourned to 06.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: Adv Mr. Chandan Yadav for proposed defendant present and mentioned the matter in the morning session.
He tendered registered Ch/s 440/2021 along with affidavit in support.
Matter is on the board of afternoon session hence kept back.
L.O. at 3.00 p.m.
Plff present with his Adv Mr. Sanjana Prajapati a/w Adv.Amit K. Lulla.
Adv. Sachin Ghongade h/f Adv Eknath Dhokale for deft Nos.1 & 2 present and seeks time to file reply to the N.M. of plff.  Ld. Advocate for the plff objected to grant time by submitting that already more than sufficient time is granted to defts to file reply.  Though there is substance in his argument, considering the pandemic condition from 2020 onwards, last chance is granted to defts Nos.1 and  2 to file their reply. He also filed draft NM algongwith affidavit in support for dismissal of the suit. O- Leave to register is granted with direction to serve the plff.
Adv Mr. Chandan Yadav for proposed defendant present.
Advocate for the plff seeks time to file reply to Ch/s by submitting that Ch/s is served on the plff on 04.03.2021.
Matte is adjd. for NM and Ch/s reply to 22.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2021

Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Plff present in person.
Adv Ms. Sanjana Prajapati with Anil Lulla for plff present and submitted that copy of Ch/s 440/2021 is yet not served on the plff. Defts are directed to serve copy of said Ch/s on the plff if not already served.
None present for deft.
Deft Nos.1 and 2 have obtained leave to register NM on 06.03.2021 but they have not tendered the said NM in the Court till date. Said NM be kept for dismissal order.
Deft failed to file reply to NM No.1873/2019 despite granting several opportunities hence, said NM to proceed without reply of the defts.
Matter is adjd. for NM dismissal order, Ch/s reply and NM hearing to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv Ms. Sanjana Prajapati present for plff.
Adv.Mr. Eknath Dhokle present for deft Nos.1 and  2 and tendered registered NM No.732/2021 along with affidavit in support.
He also filed pursis with death certificate that deft No.1 Lilawati Gawande has expired.
O- Plff to note and take steps.
Adv for plff seeks time to take steps and to file reply in NM no.732/2021
Adv Mr. Chandan Yadav applicant in Ch/s is present.
Matter is adjd. for taking steps and reply to 14.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Mr. Chandan Yadav for applicant in Ch/s No.440/2021 present.
Adv Mr. Lulla present for plff present and seeks adjournment for taking steps to take out ch/s for bringing on record HLRs of deft No1.
By consent, Matter is adjd. for steps to 18.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv Ms. Sarita Zarapkar present for plff. and filed draft Ch/s alongwith affidavit in support for deleting name of deft No.1. O-Leave to register is granted.
Adv Mr. Eknath Dhokale  present for deft.No.2 and endorsed no objection on draft Ch/s itself.
None present for applicant in Ch/s No.440/2021.
Copy of death certificate is produced by deft No.2 with Exh.6 which shows that deft No.1 has expired. Since deft No.2 has no objection, draft Ch/s is allowed as prayed.
Plff to carry out amendment as per schedule within two weeks and shall serve copy of amended plaint on deft No.2.
Ch/s be got registered for statistical purposes.
Matter is adjd. for compliance to 04.04.2022.
Judge
L.O.
Advocate for plff tendered registered Ch/s No. 221/2022 which is already disposed off earlier at admission stage.
Matter is adjd. for compliance to 04.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv Ms. Sanjana Prajapati present for plff. and seeks time to file reply to the Ch/s.
Adv Mr. Chandan Yadav present for proposed defts.
Matter is adjd. for service of amended plaint and Ch/s reply to 22.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv.Anil Lulla for plaintiff present.
Adv.Eknath Dhokale for deft.No.2 present.
Applicant in chamber summons No.440/21 present.
Plaintiff submits that he will not file reply in ch/s No.440/21. He submits that he will contest the chamber summons by argument. Defendant No.2 also submits that he will not file reply in ch/s No.440/21.
The deft. requested time for hearing of NM 732/21.
Matter adjd to 21.09.2022 for ch/s. hearing and NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv.Nikhil Bafana h/f.Adv.Anil Lulla for plaintiff present.
Adv.Eknath Dhokale for deft. present.
Adv.Chandan Yadav for applicant in ch/s.No.440/21.
The plaintiff requested for adjournment. Matter adjd to 25.11.2022 for hearing of ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2022

Date: 21-09-2022
Business: Adv.Nikhil Bafana h/f.Adv.Anil Lulla for plaintiff present.
Adv.Eknath Dhokale for deft. present.
Adv.Chandan Yadav for applicant in ch/s.No.440/21.
The plaintiff requested for adjournment. Matter adjd to 25.11.2022 for hearing of ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2022

Date: 21-09-2022
Business: Adv.Nikhil Bafana h/f.Adv.Anil Lulla for plaintiff present.
Adv.Eknath Dhokale for deft. present.
Adv.Chandan Yadav for applicant in ch/s.No.440/21.
The plaintiff requested for adjournment. Matter adjd to 25.11.2022 for hearing of ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2022

Date: 21-09-2022
Business: Adv.Nikhil Bafana h/f.Adv.Anil Lulla for plaintiff present.
Adv.Eknath Dhokale for deft. present.
Adv.Chandan Yadav for applicant in ch/s.No.440/21.
The plaintiff requested for adjournment. Matter adjd to 25.11.2022 for hearing of ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Plaintiff present.
Proposed deft. in ch/s.No.440/21 present.
KB
LO at 04.00 pm
Plaintiff present.
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
KB
LO at 04.15 pm
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
Plaintiff present and requested for time as his advocate inspite of keeping back the matter is not available till 04.15 pm.
Heard the Ld.Adv.for applicant in chamber summons.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Judge
LO at 04.25 pm
Adv.Anil Lulla for plaintiff present.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-01-2023

Date: 25-11-2022
Business: Plaintiff present.
Proposed deft. in ch/s.No.440/21 present.
KB
LO at 04.00 pm
Plaintiff present.
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
KB
LO at 04.15 pm
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
Plaintiff present and requested for time as his advocate inspite of keeping back the matter is not available till 04.15 pm.
Heard the Ld.Adv.for applicant in chamber summons.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Judge
LO at 04.25 pm
Adv.Anil Lulla for plaintiff present.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-01-2023

Date: 25-11-2022
Business: Plaintiff present.
Proposed deft. in ch/s.No.440/21 present.
KB
LO at 04.00 pm
Plaintiff present.
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
KB
LO at 04.15 pm
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
Plaintiff present and requested for time as his advocate inspite of keeping back the matter is not available till 04.15 pm.
Heard the Ld.Adv.for applicant in chamber summons.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Judge
LO at 04.25 pm
Adv.Anil Lulla for plaintiff present.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-01-2023

Date: 25-11-2022
Business: Plaintiff present.
Proposed deft. in ch/s.No.440/21 present.
KB
LO at 04.00 pm
Plaintiff present.
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
KB
LO at 04.15 pm
Adv.Chandan Yadav for proposed deft.No.Ch/s.440/21 present.
Plaintiff present and requested for time as his advocate inspite of keeping back the matter is not available till 04.15 pm.
Heard the Ld.Adv.for applicant in chamber summons.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Judge
LO at 04.25 pm
Adv.Anil Lulla for plaintiff present.
Matter adj. to 30.01.2023 for argument of pltff. in ch/s./order in chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Adv.Anil Lulla for plaintiff present.
Mr.Sandeep Kadam, applicant in Ch/s.No.440/21 present.
KB
LO at 03.45 pm
Adv.Anil Lulla for plaintiff present.
Mr.Sandeep Kadam, applicant in Ch/s.No.440/21 present.
Adv.Chandan Yadav for proposed defendant present.
Heard Adv.for the plaintiff in chamber summons.
Matter adjd to 26.04.2023 for order in ch/s.440/21.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Plaintiff alongwith Adv. Anil Lulla present.
Defendant No.1 in person present.
Applicant in Chs.440/2021 present.
Kept back for order.
F.R.S.R. following order is passed in Chamber Summons No.440/2021.
ORDER
1.      Chamber Summons No.440/2021 is allowed.
2.   The plaintiff to carry out necessary amendment to join the applicant as party defendant to this suit.
3.     The plaintiff after carrying out the amendment shall serve the amended copy of the plaint on the defendants.
4.      Costs shall follow the event.
5.      Chamber summons disposed of accordingly.
Matter adj. to 19.06.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2023

Date: 26-04-2023
Business: Plaintiff alongwith Adv. Anil Lulla present.
Defendant No.1 in person present.
Applicant in Chs.440/2021 present.
Kept back for order.
F.R.S.R. following order is passed in Chamber Summons No.440/2021.
ORDER
1.      Chamber Summons No.440/2021 is allowed.
2.   The plaintiff to carry out necessary amendment to join the applicant as party defendant to this suit.
3.     The plaintiff after carrying out the amendment shall serve the amended copy of the plaint on the defendants.
4.      Costs shall follow the event.
5.      Chamber summons disposed of accordingly.
Matter adj. to 19.06.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Plaintiff in person present.
None for defendant
Matter is adjd.to  18-08-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2023

Date: 19-06-2023
Business: Plaintiff in person present.
None for defendant
Matter is adjd.to  18-08-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2023

Date: 18-08-2023
Business: Adv. Lulla a/w plaintiff present.
Adv. Yadav for defendant no. 1  present.
The Ld. Counsel for  plaintiff would seek time to carry out the necessary amendment and to serve the defendants with the amendment copy of the plaint. As a last chance the time is granted to plaintiff to comply the order dtd. 26-04-2023.
Matter is adjd.to 13-10-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2023

Date: 18-08-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Adv. A. Mulla  for plaintiff present.
 Defendant no. 1 in person present.
Matter is adjd.to 02-11-2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Adv. Anil Lulla a/w  plaintiff present.
Adv. Chandan Yadav  for proposed defendant present.
Defendant no. 1 in person present.
Adv. Anil Lulla for plaintiff amended copy of plaint served to other sides.
Matter is adjourned to 29-11-2023 for  Hearing.
Next Purpose: HEARING
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Adv. Anil Lulla for plaintiff present.
Defendant no. 1  in person present.
Adv. Chandan Yadav a/w  defendant no. 3 present.
Order in NM No. 1873/19-
The Ld. Counsel for  plainiff not pressed NM No. 1873/19 . Hence, the said NM No. 1873/19 stands disposed off accordingly.
LO
Defendant no. 1 Sandeep   in person present and filed adjournment application t.o.r. marked as Exh.9
Matter is adjourned to 04-03-2024 for WS.
Nature Of Disposal: OTHER
Disposal Date: 08-01-2024

Main Case No: SUIT/0100720/2019
Main Cnr: MHCC010027122019
Main Filing No: 111447

Registration Number: 101873/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 105737/2019
Filing Date: 24-05-2019
First Hearing Date: 06th July 2019
Decision Date: 08th January 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE