Date: 15-06-2019
Business: Advocate Mr. Kadam for Plaintiff present and filed registered Notice of Motion no.2089/2019 with affidavit in support, t.o.r.
Advocate Mr. Kalpesh Joshi for Defendant no.3 and 4 present
Defendant no.1 and 2 are directed to disclose the amounts of fixed deposits, deposited by deceased Mr. Mubarak Momin along with the amounts lying in the saving accounts of Mr. Mubarak Momin. Plaintiff is directed to convey this order to the Managers of Defendant no.1 and 2 and to file affidavit of service of this order upon them so that further orders can be passed by the Court.
Advocate for Plaintiff filed draft Chamber Summons with affidavit in support of Chamber Summons for amendment in the plaint for adding name of son of Defendant no.1 as proposed Defendant as proposed Defendant is one of the nominee in respect of fixed deposits which are subject matter of the suit. Leave to register Chamber Summons is granted.
Advocate for Defendant nos.3 and 4 submitted that immediately he will file reply to avoid delay in the matter.
Heard.
F.R.S.R. following order has passed-
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer clause (a) and (b).
2. Plaintiff is directed to carry out amendment in the plaint till next date.
3. Plaintiff is further directed to serve the copy of amended plaint upon proposed Defendant and other Defendants and to file typed copy of amended plaint for the record of the court.
4. Chamber Summons be registered for statistical purpose.
Earlier order to continue till next date.
Case is adjourned to 24/06/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Advocate Mr. Kadam for Plaintiff present
Advocate Mr. Shinde for Defendant no.1 present and filed vakalatnama, t.o.r.
Court is busy in hearing and dictating order on NM in suit nos.4619/07 and 7170/06 as well as court has to hearing NM in suit no.9777/87, hence case is adjourned to 01/07/2019.
Earlier order to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Advocate Mr. Hasnale @ Advocate Kadam for Plaintiff present
Advocate Mr. Shinde for Defendant no.1 present
Advocate Mr. Joshi for Defendant no.2 present
Earlier order to continue till next date.
Court is busy in hearing NM in suit no.2447/18 and suit no.4705/2008, hence case is adjourned to 09/07/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Advocate Mr. Pradeep Kadam for Plaintiff present
Advocate Mr. Kamlesh Joshi for Defendant no.3 to 5 present and filed vakalatnama, t.o.r.
Earlier order to continue till next date.
Case is adjourned to 30/07/2019 for Settlement/withdrawal.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Court is busy in hearing Chamber Summons in suit no.9480/93 and dictating order on NM in suit no.8316/95, board of second session is discharged and case is adjourned to 19/08/2019.
Advocate Pradip Kadam for Plaintiff present
Advocate Nimit Sharma for Defendant no.3 to 5 present
Earlier order to continue till next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 13/09/2019.
Earlier order to continue till next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Advocate Hasnale for Plaintiff present and submitted that copy of consent terms is served upon Defendant however yet Defendant has to informed further progress in the matter.
Intern advocate Paras Shah for Defendant present and requested to keep back matter saying that advocate Kalpesh Joshi is on the way to the Court.
K.B.
L.O.
Advocate Pradeep Kadam for Plaintiff present
Advocate Kaplesh Joshi for Defendant no.3 to 5 present
Earlier order to continue till next date.
By consent, case is adjourned to 18/10/2019 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate P. R. Kadam for Plaintiff present and submitted that draft consent terms are tendered to Defendant and if Defendant will agree, suit can be disposed off.
K.B. L.O.
Advocate Hasnale for Plaintiff present
Advocate Nimit Sharma for Defendant no.3 to 5 present and submitted that there is no possibility of settlement between the parties hence suit to proceed for NM hearing/reply.
Earlier order to continue till next date.
Case is adjourned to 19/12/2019 for NM hearing/reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Advocate Mr. Kadam for Plaintiff present
None present for Defendants.
Earlier order to continue till next date.
Case is adjourned to 10/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2020
Date: 10-03-2020
Business: As holiday was declared on 10/03/2020, on account of Holi (2nd day), matter is taken on today\''s board and case is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv Mr.Hsanale for plff present.
None present for defendants.
Ld. advocate for the plff brought to the notice that Ch/s taken out by the plff on 15.06.2019 is allowed by this Court at admission stage. Said ch/s is registered afterwards as CS No.1107/2019 and it is appearing on board. Since, said ch/s is already disposed off , it be removed from the balance sheet of pending cases by taking necessary entry in the CIS.
As nobody is present for the defts, considering the present Pandemic condition, matter is adjd. for NM hearing to 20.04.2021.
Earlier interim order to continue till then.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
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 FOR HEARING
Next Hearing Date: 23-07-2021
Date: 20-04-2021
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 FOR HEARING
Next Hearing Date: 23-07-2021
Date: 20-04-2021
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 FOR HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: (Matter pertains to CR No.62)
Adv. Shri. Hasnale for plaintiff present.
None present for defendants.
Considering the present Pandamic condition and SOP issued by Honble High Court matter adjourned for NM hearing to 30.08.2021.
Earlier order to continue till next date.
I/C. Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv Mr. Hasnale for plff present.
None present for deft.
Ch/s No.1107/2019 be marked as already disposed of in the CIS as per the entry in roznama dt.16.01.2021.
Adv. for the plff filed copy of amended plaint at Exh.1/A. He also filed two affidavits of service of copy of amended plaint.
Matter is adjd. for NM hearing to 12.11.2021.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv Hasnale for plff present.
Adv Shri Gupte for deft 3 present and gave oral undertaking that he will file vakalatnama on behalf of deft. No.3 on next date.
Adv. Shri. Chavan for deft. No.4 and 5 present oral undertaking that he will file vakalatnama on behalf of deft. No.4 and 5 on next date.
By consent, matter adjourned for NM reply and hearing to 14.01.2022.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adv Mr. Hasnale present for plff.
None present for defts.
considering the present pandemic condition and SOP issued by Hon’ble High court, matter is adj. at same stage till next date as nobody is present for the defts today.
Earlier interim order, if any, to continue till next date.
Matter is adjd. for NM reply to 04.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Mr. Hasnale present for plff.
None present for defts.
Adv Shri Gupte had given undertaking to file vakalatnama on behalf of deft No.3 and Adv Shri Chavan had given undertaking to file vakalatnama on behalf of deft Nos.4 and 5 on 12.11.2021. Vakalatnama is not filed till date.
Deft Nos.3 to 5 are apparently served with the NM but failed to file reply hence, N.M.No.2089/2019 to proceed without reply of deft Nos.3 to 5.
None appeared for deft nos.1 and 2 today.
Matter is adjd. for NM hearing to 10.06.2022.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None for pltff.
Adv.Hasnale for deft.No.4 present.
Earlier order of interim relief if any to continue till next date.
As Court is busy in hearing in other matters and for want of time matter is adjourned.
Matter adjd to 30.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv.Hemant Hasnale for plaintiff present.
Adv.Mayur Parwani h/f.Adv.Sarogi for deft.No.3 present.
Plaintiff filed additional affidavit of plaintiff to NM No.2089/19. (Kept in record for further order regarding additional affidavit.)
Earlier order of interim relief if any to continue till next date.
As Court is busy in dictating judgment in SU No.4904/08, hence, for want of time matter is adjourned.
Matter adjd to 26.08.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Matter pertains to CR No.62 (In-Charge of CR No.62)
Adv.Hemant Hasnale for plaintiff present.
None present for deft.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 03.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv.Hemant Hasnale for plaintiff present.
Adv.Gurujyot Singh for deft.No.2 present. He undertakes to file vakalatnama on next date.
The adv.for the plaintiff submits that acknowledgment about service of additional affidavit of plaintiff is pending in respect of defendant No.1, 3 to 5.
Earlier order of interim relief if any to continue till next date.
Matter adj. to 20.01.2023 for service affidavit in respect of additional affidavit and filing of vakalatnama for deft.No.2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Hasnale For plaintiff present.
Adv. Kajal Agawne for defendant no. 2 present.
On her request keep back for filling V/p…
Plaintiff requested time to file affidavit of service. He also requested to refer the suit in Lok-adalat.
kb.
L. O. at 4.00 p.m
Adv. Hasnale For plaintiff present.
Adv. Kajal Agawne for defendant no. 2 present.
She filed V/p of defendant no. 2 Exh 4 . TOR.
Earlier order to continue till next date.
At the request of plaintiff’s advocate suit is refer in Lok-adalt.
Issue notice of Lok-adalt to defendant nos. 1, 3, 4 and 5.
Matter adj. to 11/02/2023 before Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: Plaintiff present.
Advocate of plaintiff is absent.
None present for defendants.
Plaintiff submitted that one another execution proceeding No.588/14 is pending in another Court, which is issue relating to the present suit. If the present suit will proceed further then execution proceeding will get affected. Hence, he sought next date.
Matter is adjd to 27.02.2023.
Next Purpose: HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Plaintiff present.
Adv.Hasnale for plaintiff present.
None present for defendant.
Adv.for plaintiff filed service affidavit of additional affidavit in NM 2089/19. TOR and marked as Exh.5.
Earlier order of interim relief if any to continue till next date.
Matter adj. to 15.04.2023 for filing vakalatnama by deft.No.2/NM hearing.
Next Purpose: HEARING
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv.Hasnale for plaintiff present.
None present for defendants.
Notice of motion is pending. Read the roznama dated 01.07.2019, defendant No.1 has filed reply. Read the roznama dated 04.03.2022 motion is proceeded without reply of defendant No.3 to 5. No reply filed by defendant No.2, hence, motion to proceed without reply of defendant No.2.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 21.06.2023 for NM Hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Adv. Hasnade for plaintiff present.
Adv. Khatib for defendant no.2 present.
On the oral request of the plaintiff matter adjourned.
Earlier order if any, shall continue till next date.
Matter is adjd. to 17-08-2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Matter pertaines to C. R. 62.
Adv. Pradeep Kadam for plaintiff present.
None for defendant.
Earlier order of interim relief if any, to continue till next date.
Matter is adjd.to 05-09-2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Hasnale a/w plaintiff present.
None for defendant
Earlier order if any, be continue till next date of hearing.
Matter is adjd.to 09-10-2023 for Hearing
Next Purpose: HEARING
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Adv. Hasnale for plaintiff present.
None for defendant
Earlier order if any, be continue till next date of hearing.
Matter is adjd.to 12-12-2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Adv. Hemant Hasnale for plaintiff present.
None for defendant.
Earlier order if any, be continue till next date of hrg.
Matter is adjourned to 29-01-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. Hemant Hasnale for plaintiff present.
None for defendant
Earlier order if any, be continue till next date of hearing.
Matter is adjourned to 14-06-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Adv. Hemant Hasnale for plaintiff present.
None for defendant
Earlier order if any be continue till next date of hearing.
Matter is adjourned to 26-07-2024 for hrg
Next Purpose: HEARING
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: ( TAKEN ON BOARD BY COURT MOTION )
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 27-07-2024 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 27-07-2024 for Lok-adalat.
Next Purpose: HEARING
Next Hearing Date: 27-07-2024
Date: 27-07-2024
Business: Matter pertains to Court Room No.62
Plaintiff and his advocate is present.
None present for defendants.
Matter not settled.
Matter adjd to 10/09/2024 for hearing on NM.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Matter is pertain to C. R. No. 62.
Adv. Hemant Hasnale for plaintiff present.
None for defendant.
Earlier order if any be continue till next date of hearing.
Matter is adjourned to 04-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Adv. Hasnale for plaintiff present.
Adv. Siddhesh Shrivastav for defendant No.1 present.
Earlier order if any be contine till next date of hearing.
Matter is adjourned to 19.11.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: Adv. P. R. Kadam for plaintiff present.
None for defendant.
Earlier order if any be continue till next date of hearing.
Matter is adjourned to 13.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Adv. Hasnale for plaintiff present.
None for defendant.
Earlier order if any be continue till next date of hearing.
At request of the advocate of the plaintiff, matter is adjourned to 01.03.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Adv. Hasnale for plaintiff present.
None for defendant.
Earlier order if any be continue till next date of hearing.
Matter is adjourned to 19.06.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: Adv. Hasnale for plaintiff present.
None for defendant.
Earlier order if any be continued till next date of hearing.
Matter is adjourned to 07.10.2025 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 11.02.2026 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Hasnale for plaintiff present.
None for defendant.
Ld. advocate for plaintiff submitted that on next date he will withdraw the suit.
Matter is adjourned to 07.03.2026 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 07-03-2026
Date: 07-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Hemant Hasnale alongwith plaintiff present.
None for defendant.
Matter is adjourned to 23.03.2026 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. P. R. Kadam alongwith plaintiff present and filed application for withdrawal. It is taken on record and marked as Exh.6.
None for defendant.
Order below Exh.6
The plaintiff is present when asked whether he want to proceed with the case he stated that he has got the succession certificate and has completed the process therefore doesnot decide to proceed with the suit. As plaintiff desires to withdraw the suit allowed to withdraw. Order passed below Exh.1.
Order in NM 2089/2019
The plaintiff has withdawn the suit therefore no purpose will be served by proceeding with the NM filed by the plaintiff to seek temporary injunction. Hence, NM is disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-03-2026