Mr. Pannalal Hiralal BetwalaVsSmt. Kalavati Nanka Betwala +4 more

Date: 06-07-2019
Business: MATTER NOT TRACEABLE.
Advocate Ms. Priyanka Mistry for Plaintiff present and filed registered Notice of Motion no.2293/2019 with affidavit in support, t.o.r.
Defendant no.1 and 2 present and submitted that on next date they will engage lawyer hence matter may be adjourned.  For giving fair opportunity adjourned.
Defendant no.3 to 5 absent.
Case is adjourned to 20/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Advocate Mr. S. K. Chauraya for Plaintiffs present and filed affidavit of service of writ of summons, t.o.r.
Grand daughter of Defendant no.1 present and filed vakalatnama of advocate Mr. Mukesh Chheda for Defendant nos.1 to 5, t.o.r.
K.B.
L.O. at 5.00 p.m.
Grand daughter of Defendant no.1 and all other 4 Defendants  submitted that their lawyer will attend the court tomorrow for arguments in respect of ad interim relief.  Considering submissions adjourned.
Case is adjourned to 21/08/2019 for hearing ad-interim argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Advocate Mr. S. K. Chauraya for Plaintiffs present
Advocate Mukesh Chheda for Defendants present
Court is busy in hearing NM in suit no.743/18 and court has to dictate order on NM in suit no.2447/18, hence case is adjourned to 23/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Court is busy in hearing and dictating order on NM in suit no.2614/18 and hearing and dictating order on Chamber Summons in suit no.81/87, hence case is adjourned to 31/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Advocate S. K. Chaurasia for Plaintiffs present
Advocate Mr. Chheda for Defendant present
Adv. for defendant submitted that on 04.09.19 he will file reply to N/M.  Hence, adjournment granted as a last chance to give fair opportunity to defendants.  It is made clear that if on said date deftsa. Will not file reply to Notice of Motion, court will hear Plaintiffs argument and will decide the n/m without reply of defendants.
Case is adjourned to 04/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: None present for Plaintiff.
Advocate Mr. Chheda for Defendant present and filed NM reply, t.o.r.
Case is adjourned to 11/09/2019 for NM hearing.
L.O.
Advocate S. K. Chaurasia for Plaintiffs present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2019

Date: 04-09-2019
Business: None present for Plaintiff.
Advocate Mr. Chheda for Defendant present and filed NM reply, t.o.r.
Case is adjourned to 11/09/2019 for NM hearing.
L.O.
Advocate S. K. Chaurasia for Plaintiffs present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Advocate Chaurasia for Plaintiff present and tendered affidavit of Plaintiff in rejoinder to NM reply filed by Defendants.  Advocate for Plaintiff also produced postal receipt of RPAD showing that rejoinder is sent by advocate for Plaintiff to Defendants advocate Mr. Chheda.  Advocate for Plaintiff further produced track consignment report showing that RPAD by which affidavit of rejoinder was sent to advocate Mr. Chheda is served upon advocate Mr. Chheda by Speed post.  Plaintiffs advocate submitted that there is urgency in the matter and since 20/06/2019 Defendants are trying to prolong the matter. Plaintiffs advocate pointed out that only two grounds are raised by Defendants in their NM reply to resist prayers made in NM and both those ground raised in NM reply are dealt by Plaintiff in affidavit in rejoinder, hence according to Plaintiff s advocate NM is necessary  to be made absolute.
Defendant nos.2 to 5 present and submitted that their lawyer Mr. Mukesh Chheda has infirmed them that due to illness he will not argue matter on their behalf, hence Defendant nos.2 to 5 submitted that matter may be adjourned as a last chance so that they can appoint new advocate for the purpose of NM arguments and further proceeding.
I have given serious consideration to the submissions made by parties.  Today, arguments by Plaintiff are heard and as a last chance, matter is adjourned to 13/09/2019 for giving fair opportunity to Defendants, so that they should not have chance to blame the court, that court has passed order hastily. It is made clear that if on 13/09/2019 Defendants will be unable to engage another advocate or if they will be unable to argue NM, court will proceed to pass order about NM considering affidavit filed by Plaintiff in support of NM, affidavit of reply filed by Defendants, affidavit of rejoinder and contentions raised in the plaint.
Case is adjourned to 13/09/2019 for Defendants arguments about NM and NM order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Advocate Chaurasia for Plaintiff present
Defendant nos.2 to 5  present.
Grandson of Defendant no.1 present.  All Defendants submitted that matter may be adjourned as they are unable to engage new lawyer due to festival period.
Roznama dated 11/09/2019 shows that I have already made it clear that, if Defendants advocate will not argue NM, court will consider the reply filed by Defendants and court will decide NM on merits, hence matter can not be adjourned.  Plaintiff\''s advocate is directed to argue NM and court will decide NM on the basis of reply filed by Defendants.
Heard Plaintiff\''s advocate about NM and it is noticed that Plaintiff is claiming entry in the premises which was reconstructed by Defendants after the original premises was damaged due to short circuit of electric supply.  On perusal of plaint it is noticed that Plaintiff has not made any expenditure for construction made by Defendants and inspite of it Plaintiff is intending that without extending a single rupee he should have entry in mezzanine/loft floor of suit premises.  Admittedly, Plaintiffs were occupying mezzanine floor from previous construction from suit premises, however, after it was damaged, it was Plaintiff\''s duty to contribute for repairing of the damaged old premises.  When court has pointed out the parties that Plaintiffs have right to reside in mezzanine/loft floor but he can not reside without expending a single rupee required for new construction, Plaintiffs advocate on instructions from Plaintiff submitted that matter may be referred for mediation.  Grand son of Defendant no.1 and Defendant nos.2 to 5 submitted that if Plaintiffs will pay the half of the expenditure amount required for reconstruction of damaged premises, Defendants will permit Plaintiffs to occupy mezzanine/loft floor. According to Defendants for reconstruction of damaged premises amount of Rs.3,50,000/- was expended by Defendants.  Considering submissions I find that if Plaintiff will contribute their half share of Rs.3,50,000/-, Defendants can permit Plaintiffs to occupy the mezzanine/loft floor from suit premises.  Hence, I find that there is possibility of settlement between the parties, hence matter be referred for mediation.  Parties are directed to sign referral letter.
Case is adjourned to 21/10/2019 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: As holiday was declared on 21/10/2019, on account of Vidhansabha Election, matter is taken on today\''s board and adjourned
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv. S.K. Chaurasia present for plaintiff.
Adv. Sudham Patil present for defendant.
Mediation Report received, t.o.r., marked Exhibit-03.
Mediation failed.
Case is adjourned to 08/01/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Plaintiff present and submitted that their lawyer is on the way to the Court hence matter may be kept back.
Defendant no.2 with advocate Mr. Sudam Patil for Defendants present and filed vakalatnama for Defendants, t.o.r.  He also filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused in filing Written Statement.  Leave to register Notice of Motion is granted.  Copy of NM be served upon Plaintiffs.
K.B.
L.O.
Advocate Mr. S. K. Chaurasia for Plaintiff present and filed additional affidavit in support of Notice of Motion.  Copy served to advocate for Defendants.
Defendant no.2 with advocate Mr. Sudam Patil for Defendants present
By consent, case is adjourned to 04/02/2020 at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Advocate Mr. Dhiraj Rathode for Plaintiff present and filed reply to Notice of Motion no.159/20, t.o.r.
Advocate Sudam Patil for Defendant present and filed registered Notice of Motion no.159/2020 with affidavit in support, t.o.r.
Court is busy in dictating order on Notice of Motion in suit no.973/17 and Notice of Motions in suit no.1229/17, hence case is adjourned to 12/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate Mr. S. K. Chaurasia for Plaintiff present
Advocate Mr. Sudam Patil for Defendant present and filed additional affidavit in support of Notice of Motion, t.o.r. He also filed reply to Notice of Motion no.2293/19, t.o.r.
                                ORDER ON NM NO.159/20
This Notice of Motion is taken out by Defendants for condoning delay of 165 days caused in filing Written Statement on their behalf.
Defendant no.2 has filed his affidavit in support of Notice of Motion contending that on 13/09/2019 matter was referred for mediation and prior to it, Defendants received writ of summons on 27/06/2019 and meanwhile the matter was fixed for Notice of Motion hearing.  It is contended that the mediation process continued  till 21/10/2019 however as wife of advocate for Defendants was hospitalized, said advocate expressed his inability to attend the matter.  Thereafter, Defendants approached present advocate in the month of November, 2019 and that time it was revealed that Written Statement of Defendants was not filed on record.  As such, delay of 165 days caused in filing Written Statement.
Plaintiff has resisted Notice of Motion by filing his affidavit in reply contending that inspite of ample opportunities given to Defendants, they have not filed their Written Statement and they have also delayed Notice of Motion hearing on one pretext or other. It is further contended that Defendants have not filed any documents on record to show that wife of their previous lawyer was hospitalized. Further, according to Plaintiff\''s advocate, day to delay is not explained by Defendants, hence Defendants have deliberately and intentionally caused delay in filing their Written Statement, therefore Notice of Motion deserves to be dismissed.
Heard Defendants advocate as well as Plaintiff\''s advocate.  Plaintiff\''s advocate has cited the case between M/s S. C. G Contracts India Private Limited V/s. K. S. Chamankar Infrastructure Pvt. Limited and Anr. reported in AIR 2019 SCC 2691. The cited case is having different facts from the facts of the case at hand, mainly because in cited case, the delay condonation for filing Written Statement was sought after rejection of application under Order 7 Rule 11 of CPC and in present case, parties were trying for settlement and the matter was referred for mediation. Further, in the case at hand as contended by Defendants, wife of their previous lawyer was hospitalized, hence said lawyer expressed inability to attend the matter.  Therefore, Defendants were required to appoint present advocate.  I find no reason to disbelieve Defendants about their contention in respect of hospitalization of wife of their previous lawyer mainly because, if said lawyer would have continued to represent Defendants, they would not have required to appoint present advocate.  Further, no lawyer will express his inability to represent client unless there is a difficult situation as shown in this case.  Hence, I find that the delay caused in filing Written Statement by Defendants was not intentional because parities were thinking for settlement. In such circumstances, I find that Defendants have shown the reasonable ground for condoning the delay caused in filing their Written Statement. Further it is always better for every Plaintiff to get the contested decree on merits else there is every possibility of remanding back the matter by Appellate Court and there is every possibility of further delay in the matter. Hence, I proceed to pass following order-
                             ORDER
1. Notice of Motion no.159/20 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.5000/- to be contributed by all Defendants equally for paying it to Plaintiff.
2. It is made clear that after Defendants will comply order passed by the Court today Written Statement filed by Defendants will be accepted and will be exhibited.
Case is adjourned for Compliance to 23/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv Mr. S.K. Chaurasiya for plff present.
Adv Mr. Patil for deft present and filed pursis at Exh.5 to the effect that order dt.12.03.2020 about payment of cost is complied with.
Ld. advocate for the plff conceded to it.
Since the order dt.12.03.2020 is complied with, WS of defts is accepted.
Written statement of deft Nos.1 to 5 at Exh.6. O- R&R.
By consent, matter is adjd. For NM hearing to 11.02.2021 in the afternoon session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Mr. S.K. Chaurasiya for plff present.
Adv Mr. Sudam Patil for deft present.
K.B.
Heard arguments partly from both the sides in NM No.2293 of 2019.
When a query was made during argument, learned advocate for plaintiffs seeks time to answer it by taking instructions from his clients By consent matter adjourned for further argument in NM to 17.02.2021 at 1.00 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 11-02-2021
Business: Adv Mr. S.K. Chaurasiya for plff present.
Adv Mr. Sudam Patil for deft present.
K.B.
Heard arguments partly from both the sides in NM No.2293 of 2019.
When a query was made during argument, learned advocate for plaintiffs seeks time to answer it by taking instructions from his clients By consent matter adjourned for further argument in NM to 17.02.2021 at 1.00 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. S.K. Chourasia for plaintiff present.
Adv. Sudam Patil for defendant present.
By consent, adjd. for NM hearing to 26/2/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 17-02-2021
Business: Adv. S.K. Chourasia for plaintiff present.
Adv. Sudam Patil for defendant present.
By consent, adjd. for NM hearing to 26/2/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv.Ms. Neha Pandey for plaintiff present.
Adv. Shri Sudam Patil for defendants present.
KB at 4.00 p.m.
As court is busy in hearing argument in other matters, for want of time, this matter is adjourned for further NM hearing to 03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv.Ms.S.K. Chaurasiya for plaintiff present and filed copies of documents with two separate list in NM No.2293/2019.
Adv. Shri Sudam Patil for defendants present and seeks time to file additional reply in view of the copies of documents produced on record today by the plff.  O- Time granted to file additional reply, if any, by the defendants.
By consent, matter is adjourned for additional reply,if any, by the defendants and for further argument in NM No.2293/2019 to 24.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. S. K. Chourasiya for plaintiff
Adv. Sudam Patil for defendant present and filed objections in respect of the additional documents produced by the plaintiff fin NM No.2293 of 2019. Copy given to other side.
Heard further arguments of both the sides in NM No.2293 of 2019.
Matter adjourned for NM order to 03.04.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Adv S.K. Chaurasiya for plaintiffs present.
Adv Sudam Patil for defendants present.
FRSR following order is passed in NM No.2293 of 2019.
                  ORDER
Notice of Motion No.2293 of 2019 is dismissed.
Costs in the main cause.
                                   --------
Matter adjourned for draft issues to 21/06/2021.
On request of advocates for both the parties, authenticated copy of this roznama be given to them as per rules.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv Mr. Qureshi h/f Adv Mr. Chaurasiya for plff present and seeks adjournment by submitting that plff has challenged the order of this Court before Hon\''ble High Court and matter is  listed today itself before Hon\''ble High Court.
None present for deft,
As nobody is present for the deft, on request of adv. fo the plff, matter is adjd. for draft issues to 12.10.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv Mr.Qureshi present for plff. and filed draft Ch/s along with affidavit in support for amendment of plaint. O-Leave to register is granted.
Adv Mr. Sudam Patil present for deft.
Copy of draft Ch/s and affidavit in support are served on the adv. for deft. Adv. for deft seeks time to file reply.
Matter is adjd. for Ch/s reply to 03.12.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv Mr. S.K. Chaurasiya present for plff. and tendered registered Ch/s No. 1528/2021 along with affidavit in support.
Adv Mr. Sudam Patil present for deft. and filed reply in Ch/s No.1528/2021.
By consent, matter is adjd. for Ch/s hearing to 07.01.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv Mr. Chaurasiya  present for plff.
Adv Mr. Sudam Patil present for deft.
Heard arguments of both sides in Ch/s No.1528/2021.
Matter is adjd. for order to 14.01.2022.
Judge
Next Purpose: ORDER
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Adv for plff present.
None present for deft.
Matter is kept today for Ch/s order however, stenographer is on leave and alternate stenographer is not provided due to which, it is not possible to pass order today hence, matter is adjd. to 25.01.2022 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Adv. Qureshi for plaintiff present.
Adv. Hodge h/f. Adv. Sudam Patil for defendants present.FRSR following order is passed in Chamber Summons No.1528 of 2021.  ORDER-Chamber Summons No.1528 of 2021 is allowed in terms of its prayer clauses (a) and (b).Plaintiffs shall carry out the amendment within two weeks from today and they shall thereafter serve the copies of amended plaint on the defendants.
Matter adjourned for compliance to 09/03/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Court is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv Smt. Sukhda Patil h/f S.K.C. Legal present for plff.
Adv Mr. Sudam Patil  present for deft. and filed additional WS at Exh.6/A.
Copy of additional WS to advocate for plff.
By consent, matter is adjd. for draft issues to 19.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Plaintiff No.1 and 2 present.
Adv.S.K.Chourasiya for plaintiff present.
None present for defendant.
Adv. of plaintiff tendered draft issues t.o.r. No draft issues by deft. Matter adjd to 21.09.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Plaintiff present.
KB
LO at 11.15 pm
Adv.Danish Qureshi h/f.Adv.Sushil Chaurasia for plaintiff present.
Plaintiff has already filed draft issues on 19.07.2022. It is marked as  Exh.7.
Adv.Sudam Patil for all defendants present. He filed draft issues t.o.r. and marked as Exh.8.
Matter adjd to 19.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Adv.Danish Qureshi for plaintiff present.
KB
LO at 12.15 am
Adv.Ajit Hodge for defendant present.
Issues are framed at Exh.9.
Read the amendment made in the prayer clause a-1 to a-3. Plaintiff to make submissions regarding Court fees.
Matter adj. to 07.01.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Plaintiff No.1 present.
Adv.S.K.Chourasiya i/b.SKC Legal for plaintiff present.
Adv.Sudam Patil for all defendants present.
Adv.for plaintiff orally requested time.
Matter adjd to 03.03.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Plaintiff present. His Adv.absent.
None present for defendants.
On oral request of plaintiff KB for filing plaintiff\''s evidence.
LO at 11.40 am
Adv.Sushil Chaurasia i/b.SKC Legal for plaintiff present and filed affidavit of evidence of Mr.Pannalal Hiralal Betwala (PW-1). TOR and marked as Exh.10. It is read and recorded.
He also filed list of documents. TOR and marked as Exh.11.
Adv.Sudam Patil for defendant present. He accepted the copies of Exh.10 and Exh.11.
Matter adjd to 06.07.2023 for defendant\''s say on documents.
Next Purpose: REPLY
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Ravindrasingh Yadav h/f Adv. Sarogi Plaintiff inperson present and filed vakalatnma for plaintiffs no. 1 and 2 t.o.r. marked as Exh.12
He also filed draft C/S with supporting affidavit for amendment in the plaint t.o.r. - O- Leave is grated for register the draft C/S.
Adv. Sudam Patil for defendant present and received copy of draft C/S.
Ld. Counsel appearing for the defendant by pointing out the roznama dtd. 19-11-2022 would submit that thereby this Court had sought for the submission from the plaintiff about the payment of court fees and the plaintiff has not yet complied with the said direction. After going through the said roznama dtd. 19-11-2022 I find substance in the submission made by the Ld. Counsel appearing for the defendant. The Ld. Counsel for plaintiff would seek time to make submission in that regard. Hence, the matter is adjourned for submission on payment of court fees on the plaint and for say of the defendant as regards to admissibility of documents on the plaintiff side and for reply on the C/S.
Matter is adjd.to 12-09-2023 for C/S reply.
Next Purpose: REPLY
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: CORAM H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
Adv. Neha Pandey for plaintiff present.
Adv. Sudam Patil for defendant is present.
Matter is adjd. to 27-10-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Sachin Suware for plaintiff present and filed registered C/S No. 1677/23 along with affidavit in support t.o.r.
Adv. Sudam Patil for defendant present.
Matter is adjd.to 06-12-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv Mr. Ravindra Singh for plaintiff present.
Defendant no. 2 present. Adv Sudam Patil for defendant present.
Matter is adjourned to 23.01.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Adv. Vikas Mishra for plaintiff present.
Adv. Sudam Patil a/w  defendant present.
From the perusal of the roznama dtd. 19-11-2022 and 06-07-2023,the plaintiffs were to make submissions which respect to payment of Court fees in view of the amended prayer clause A1 to A3. However the plaintiff are not make submission in that regard.
The Ld. Counsel for  would seek time to file reply in C/S
Hence, the matter stands adjourned for submission of plaintiff on payment of Court fee on the amended prayers and for reply by deft. in C/S.
Matter is adjourned to 12-03-2024 for C/S Reply.
Next Purpose: REPLY
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Adv. Vikas Mishra for plaintiff present.
Adv. Sudam Patil a/w  defendants no. 2 to 5 present and filed affidavit in reply in C/S No. 1677/23 taken on record marked as Exh.13
Matter is adjourned to 24-04-2024 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Adv. Harshad Rajeshirke for plaintiff present.
Adv. Sudam Patil for defendants present.
Matter is adjourned to 25-06-2024 for C/S Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Harshad Rajeshirke  for plaintiff present.
Adv. Sudam Patil  for defendants present.
Matter is adjourned to 30-07-2024 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Harshad Rajeshirke for plaintiff present.
Adv. Sudam Patil for defendants a/w defendant No. 2 present.
Heard both sides in C/S No. 1677/23.
Matter is adjourned to 17-08-2024 for C/S Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: None for plaintiff present.
Adv. S. Patil for defendant present.
Court is busy in Judgment of SU No. 6820/2004.
Matter is adjourned to 09-09-2024 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Adv. Sanesh Daptare for plaintiff no. 1 and 2 present.
Adv. Sudam Patil for defendants present.
Later on
Court is busy till 4.15 pm. in attending second sessions board and then in dictation of NM No. 2073/19 and NM No. 2754/24 so the order in CS could not be passed.
Matter is adjourned to  04-10-2024 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 08.11.2024 for CS Order.
Later on
Adv. Praful Pawar i/b Sudam Patil for defendant present.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: None for plaintiff.
Adv. Sudam Patil for defendant present.
Court is busy in dictation of Judgment in Suit No.4995/2007.
Matter is adjourned to 23.12.2024 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-12-2024

Date: 23-12-2024
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 06-02-2025 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: Adv. Rutuja Gawas for plaintiff present.
Adv. Sudam Patil for defendants present.
Matter is adjourned to 17.03.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: Adv. Tejaswi Salvi for plaintiff present.
Adv. Sudam Patil for defendant present.
By consent matter is adjourned to 18.06.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: Adv. Tejashvi Salvi for plaintiff present.
Adv. Sudam Patil for defendant.
Request of both the parties matter adjourned.
Matter is adjourned to 22.07.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: P.O. is on leave (2nd Session)
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: Adv. Tejasvi Salvi for plaintiff present.
Adv. Sudam Patil for defendants present.
By consent matter is adjourned.
Matter is adjourned to 03.12.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Tejasvi Salvi for plaintiff present and submitted that defendant no. 1 has expired and plaintiff has to take steps to bring the legal heir of defendant no. 1 on record.
None for defendant.
Matter is adjourned to 25.02.2026 for steps by the plaintiff.
                                                                                        Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2026

Date: 25-02-2026

Date: 01-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Tejasvi Salvi h/f Adv. Harshad Rajeshirke for plaintiff present and  tendered draft chamber summons alongwith affidavit in support. O- Leave is granted to register Chamber Summons.
None for defendant.
Matter is adjourned to 09.06.2026 for Affidavit of service of CS.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 02.53 pm
Adv. Tejasvi Salvi h/f Adv. Harshad Rajeshirke for plaintiff present and tendered registered Chamber Summons No. 822/2026 alongwith affidavit in support.
Adv. Sudam Patil for defendant present.
Order passed in CS No. 822/2026
The Chamber Summons is filed to bring the legal heirs of deceased defendant No. 1 expired on 09/09/2025. The suit is for possession. Considering the nature of the suit. The legal heirs of defendant No. 1 are necessary parties. Advocate for defendants stated that he has received the copy and has noted in the Chamber Summons that necessary orders may be passed. The Chamber Summons is allowed as per prayer (a). By condoning the delay and setting aside the abatement. No order as to cost. The plaintiff is directed to carryout necessary amendment within 14 days failing which the chamber summons shall stand disposed off and no further opportunity will be granted to the plaintiff at any count to seek to amend as per the above order in the Chamber Summons. Accordingly Chamber Summons is disposed of.
Matter is adjourned to 21.07.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Tejasvi Salvi h/f Adv. Harshad Rajeshirke alongwith No. 2 plaintiff present and tendered amended plaint copy. It is taken on record.
Adv. Sudam Patil for defendant present and filed Vakalatnama on behalf of defendant No. 1(a). It is taken on record and marked as Exh.15.
By consent of both advocates date given.
Matter is adjourned to 06.10.2026 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-10-2026

NOTICE OF MOTION/100159/2020
CHAMBER SUMMONS/101677/2023
NOTICE OF MOTION/102293/2019
CHAMBER SUMMONS/101528/2021
CHAMBER SUMMONS/100822/2026

Registration Number: 101403/2019
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: 106057/2019
Filing Date: 07-06-2019
First Hearing Date: 06th July 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE