Date: 24-07-2019
Business: Advocate Mr. Jain for Plaintiff present and sought extension of time for service of writ of summons. Extension granted.
None present for Defendant.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 18/09/2019 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Advocate for Plaintiff present and filed affidavit of service, t.o.r.
Advocate Kavita Shaha for Defendants present and filed vakalatnama, t.o.r.
Case is adjourned to 06/11/2019 for Written Statement of Defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Advocate Udayan Jain for Plaintiff present and filed draft Chamber Summons with affidavit in support of Chamber Summons for amendment in the plaint for the purpose of bringing LRs of original Plaintiff who expired on 07/10/2019. Leave to register Chamber Summons is granted. Copy served upon advocate for Defendant.
Advocate Pushpa Thapa for Defendant present.
Case is adjourned to 18/12/2019 for reply/hearing of Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2020
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Advocate Ms. Sapna Tawar for Plaintiff present
Clerk of advocate for Defendant present and requesting to keep the matter back.
K.B.
L.O. at 4.10 p.m.
ORDER ON CHS NO.2007 OF 2019
This Chamber Summons is taken out by applicant Sanat Rathod for allowing him to delete name of original deceased Plaintiff and to bring on record name of applicant in place of deceased Plaintiff because applicant is Legal representative and son of original deceased Plaintiff. As mentioned in the affidavit filed by applicant in support of Notice of Motion the original Plaintiff died on 07/10/2019 leaving behind applicant, his 3 brothers namely Bhupendra Rathod, Anup Rathod, Paresh Rathod and one sister Smt. Vandana Khatri as heirs and legal representatives of deceased Plaintiff, hence according to applicants, Chamber Summons is necessary to be allowed.
Mr. Laxminarayan Rathod, Partners of Defendant no.1 has filed his affidavit in reply and resisted Chamber Summons contending that applicant alone is not legal heir of deceased Plaintiff and 3 other brothers and sister of applicant are also heirs and legal representatives of original Plaintiff.
Heard applicant\''s advocate as well as Defendant\''s advocate. Perused plaint which is for declaration that agreement dated 09/05/2012 between original Plaintiff and Defendants is valid and subsisting and for directions to Defendant to execute and register an agreement for permanent alternate accommodation with respect to suit premises in favour of Plaintiff. Considering the prayer clause (a) and (b) of the plaint, I find that all the legal heirs of original Plaintiff are necessary to be brought on record because all those legal heirs also may be entitled for declaration as sought by applicant and they also may be entitled for permanent alternate accommodation in respect of suit premises. Hence, to avoid further disputes between applicant and his brothers and sister, I find that this Chamber Summons can be allowed with the directions to applicant to delete name of original Plaintiff and to impleade himself along with his 3 brothers and 1 sister in place of original Plaintiff as heirs and legal representatives of Plaintiff because names of those brothers and sister of applicant are appearing in para no.4 of the affidavit filed in support of Chamber Summons. Hence, I proceed to pass following order-
ORDER
1. Chamber Summons no.2007 of 2019 is made absolute in terms of prayer clause (a) and (b) with further direction to applicant to implead names of his 3 brothers i.e. Bhupendra Rathod, Anup Rathod, Paresh Rathod and one sister Smt. Vandana Khatri as heirs and legal representatives of deceased Plaintiff along with applicant.
2. Applicant is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Applicant is further directed to serve the copies of amended plaint upon Defendants and to file typed copy of amended plaint for the record of the court.
Defendants advocate made it clear that while Defendants are intending to file Written Statement, meanwhile Plaintiff expired and now court has allowed Chamber Summons for bringing on record LRs of original deceased Plaintiff by deleting name of original Plaintiff, hence Defendants will file their Written Statement in the matter after amendment will be carried out in the plaint and copy of amended plaint will be served upon Defendants or their advocate. It is made clear that, Defendants right to file Written Statement beyond statutory time limit is automatically extended due to unfortunate death of Plaintiff.
Case is adjourned to 22/04/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv Ms. Naina for plff present.
None present for deft
Advocate for plff filed amended plaint. She is directed to serve copy of amended plaint on defendant.
Adjd. for service of amended plain on deft to 21.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Adv. Smt. Anokhi Arora for the plaintiff present and seeks time to serve the defendants with amended copy of plaint.
None present for the defendant.
Considering the present Pandemic condition and SOP issued by Hon’ble High matter is adjourned at same stage.
Matter adjourned for compliance to 15/09/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv Ms. Anokhi Arora for plff present and seeks time to serve the defts with copy of amended plaint.
None present for deft.
Matter is adjd. for service of amended plaint to 24.11.2021.
Judge
L.O. at 11.22 a.m.
Adv Ms. Pushpa Thapa for deft present.
Already adjd. to 24.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. Udayan Jain present for plaintiff and seeks adjournment.
None present for defts.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. for service to 6/4/2022.
Judge
LO
Clerk Sakpal from the office of defendant M.B. Development Corporation present.
Already adjd. to 6/4/2022.
Next Purpose: SERVICE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv Ms. Arshita Jain present for plff.
Adv Ms. Pushpa Thapa present for deft.
It is wrongly recorded in roznama dt.08.12.2021 that adv Ms. Akshata Jain for plff present and filed WS at Exh.3. In fact, WS Exh.3 is filed by Adv Ms. Kavita Shah for the deft on that date.
Roznama dt.08.12.2021 is accordingly corrected. The words appearing as “and filed WS at Exh.3” after words “Adv. Ms. Akshata Jain for plff present” are scratched and those words are added after the words as “Adv. Ms. Kavita Shah present for deft.”
Presiding Officer has made the necessary correction to that effect in roznama dt.08.12.2021.
Matter is adjd. for draft issues to 06.07.2022.
Authenticated copy of this roznama be given to both parties as per rules.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv.Anokhi Arora for plaintiff present.
Adv.Pushpa Thapa for deft. present.
Adv.of plaintiff and defendant orally requested time for filing draft issues. Time granted.
Matter adjd to 14.09.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv.Pushpa Thapa for defendant present.
Representative of plaintiff\''s advocate Ms.Aastha Pandey present. She filed draft notice of motion a/w. Affidavit in support. O-Leave granted to register draft NM.
Matter adjd to 23.11.2022 for service affidavit in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv.Udayan Jain for plaintiff present.
Adv.Pushpa Thapa for defendant present.
Adv.of plaintiff tendered registered NM No.3687/22 a/w. affidavit. Copy of same is received by all defendant.
Matter adj. to 25.01.2023 for reply in NM.
Next Purpose: REPLY
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Anokhi Arora For plaintiff present.
Adv. Pushpa Thapa for defendant present.
Court is busy in passing judgment in suit no. 6380/03, passing order in NM Nos. 3468/22 in suit no. 1942/2022, NM 3623/22 in suit no. 2118/22. Hence adjourned.
Matter adj. to 15/03/2023 for NM reply
Judge
Next Purpose: REPLY
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv.Udayan Jain for plaintiff present.
Adv.Pushpa Thapa h/f.Adv.Kavita Shah for defendants present and tendered reply to NM 3687/2022. TOR and marked as Exh.2.
Matter adjd to 21.06.2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Adv. Udyam Jain for plaintiff present.
Adv. Pushpa Thapa h/f. Adv. Kavita shah for defendant present.
Plaintiff want to file rejoinder and seeks next date for the same. Hence, the matter adjourned for filling rejoinder.
Matter is adjd.to 09-08-2023 for filling rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Udayan Jain for plaintiff present.
Adv. Pushpa Thapa for defendant present.
With consent of both sides matter is adjourned to 18-10-2023
Matter is adjd.to 18-10-2023 for rejoinder
Next Purpose: REJOINDER
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv. Asmita Maurya for plaintiff present.
Adv. Pushpa Thapa for defendant present.
Matter is adjd.to 06-12-2023 for rejoinder
Next Purpose: REJOINDER
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Adv. Udayan S. Jain for plaintiff present.
Adv Pushpa Thapa None for defendant present.
Adv for plaintiff tendered affidavit in rejoinder in NM no. 3687/22. Copy of the same served to other side. t.o.r marked as exhibi-3.
Matter is adjourned to 24.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Uday Jain for Plaintiff present.
Adv. Pushpa Thapa a/w Kavita Shah for defendant present.
Heard both sides on Nm no. 3687 of 2022.
Matter stands adjourned on 01/02/2024 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Adv. Anokhi Arora h/f. Adv. Udayan Jain for Plaintiffs present.
Adv. Pushpa Thapa h/f. Adv. Kavita Shah for defendants present.
F.R.S.R. following order is passed in Notice of Motion No.3687/2022
ORDER
1. Notice of motion No.3687 of 2022 is made absolute in terms of prayer clause (a).
2. The defendants are directed to pay monthly compensation of Rs.75,000/- in respect of suit premises to the plaintiffs as per terms in the agreement dated 09.05.2012.
3. Proceeding of Notice of Motion No.3687 of 2022 in Suit No. 1899 of 2019 is closed.
Matter stands adjourned on 03.04.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: None for Plaintiff present.
Advocate Pusha Thapa h/f Advocate Kavita Shah for defendants No.1 to 3 present.
Matter stands adjourned on 02.08.2024 for draft issues.
Later on at 11.38 am.
Advocate Anokhi Arora h/f Advocate Udayan Jain for the plaintiffs present.
Matter stands adjourned on 03.07.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Adv. Udayan Jain @ plaintiff No.1 present.
Adv. Pushpa Thapa for defendant present.
Keep Back.
Later on.
Adv. Udayan Jain @ plaintiff No.1 present.
Adv. Pushpa Thapa for defendant present.
Learned Adv. for defendant filed application for grant of time to comply the order passed in Notice of Motion No. 3687/2022. Other side has opposed the application. In the circumstances time is granted to defendants to comply with order till next date I.e. 10/07/2024 as a last chance.
Matter stands adjourned on 10/07/2024 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Adv. Udayan Jain for plaintiff present.
Adv. Pushpa Thapa for defendant present.
Learned Adv. for plaintiff filed application to strike of the defense/written statement of defendants. Taken on record and marked as Exhibit-4.
Other side to say.
Keep Back.
Later on.
Adv. Udayan Jain for plaintiff present.
Adv. Pushpa Thapa for defendant present.
Read the application and say filed by defendants. Heard both the parties. Record reflects that last chance was granted to defendants to comply with the order passed in N/M No. 3687/2022. Advocate for defendants submitted that she has no instructions in the matter from defendants. Plaintiffs are praying for strike out the defenses of defendants, as they have not complied with orders in Notice of Motion No.3687/2022. The roznama reflects that the order passed in Notice of Motion No.3687/2022 is not complied till date. As per orders defendants were directed to deposit Rs.75,000/- per month as a compensation with respect to suit premises to plaintiffs. Record reflects that defendants have not complied this order dated 01.02.2024 passed in Notice of Motion No.3687/2022 and has committed default. In the aforesaid circumstances and having regard to the provisions of Order 39 Rule 11 of the Code of Civil Procedure the defenses of defendants is liable to be strike out. Hence, defense of defendants is strike out. Parties to take note. Matter adjourned for evidence.
Matter stands adjourned on 04/09/2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: P.O. is on Medical Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Presiding Officer is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: Adv. Udayan Jain for plaintiff present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
None for defendant present.
Matter adjourned for service, reply, and filing registered Notice of Motion.
Matter stands adjourned on 08/01/2025 for service, reply, and filing registered Notice of Motion.
Next Purpose: SERVICE
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: Adv. Udayan Jain for plaintiff present and submitted registered Notice of Motion No.5742/2024 along with affidavit. Taken on record.
Adv. Kavita Shah for defendant present and filed discharge application. Seen. Taken on record and marked as Exhibit-5.
Matter stands adjourned on 22/01/2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Adv. Anokhi Arora for plaintiff present and filed service affidavit in respect of Notice of Motion No.5742/2024. Seen. Taken on record.
None for defendant present.
Keep Back.
Later on.
Adv. Udayan Jain for plaintiff present.
None for defendant presnet.
Heard, Adv. for plaintiff on Notice of Motion. Matter is posted for Notice of Motion orders.
Matter stands adjourned on 05/02/2025 for Notice of Motion orders.
Next Purpose: NM ORDERS
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Adv. Udayan Jain for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Udayan Jain for plaintiff present.
None for defendant present.
Heard, Adv. for plaintiff on Notice of Motion No.5742/2024.
Matter stands adjourned on 06/03/2025 for Notice of Motion orders.
Next Purpose: NM ORDERS
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: PO is on half day leave. (Second Half)
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: Adv. Udayan Jain for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Court is busy in dictating order in Notice of Motion No.1277/2025. Hence, matter is adjourned. Parties to take note.
Matter stands adjourned on 04/04/2025 for Notice of Motion order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: Adv. Anokhi Arora h/f Adv. Udayan Jain for plaintiff present.
None for defendant present.
Service affidavit filed on 20/01/2025 is marked as Exhibit-6.
F.R.S.R. following order is passed in Notice of Motion No.5742/2024.
ORDER
1.Notice of Motion No.5742/2024 in Suit No.1899/2019 is allowed in terms of prayer clause (a) and (b).
2.Costs will be the cost in the cause.
3.Parties to take note.
4.Plaintiffs to serve the order of this Notice of Motion on defendants and file service affidavit in compliance.
5.Proceeding of Notice of Motion No.5742/2024 in Suit No.1899/2019 is closed.
Matter stands adjourned on 25/06/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: Not on board. Taken on board.
Original writ along with true copy of order is received from Honble High Court beairng No. A0802009/2025 dated 24/07/2025 bearing Inward No.13336 dated 08/08/2025.
Coram- Gauri Gose, J.
Date- 16th June 2025
ORDER
1.Hence, by way of ad-interim relief, it is clarified that the impugned injunction granted by the City Civil Court shall operate only qua the suit premises described in the plaint.
2.Stand over to 29th July 2025.
Matter stands adjourned on 20/08/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Adv. Anay jain for plaintiff present and filed service affidavit in compliance of order dated 04/04/2025. O-Read and Record. Taken on record and marked as Exhibit-7.
Adv. Dhodda i/b DSK Legal for defendant present and filed vakalatnama. O-filed. Taken on record and marked as Exhibit-8.
Matter stands adjourned on 17/12/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: Not on board. Taken on board. By Praecipe.
Original writ received from Honble High Court bearing A.O.Civ.No.C0802813/2025 dated 26/09/2025 bearing BCC Inward No.16604 dated 06/10/2025.
Duly noted.
Matter stands adjourned on 17/12/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-12-2025
Date: 17-12-2025
Business: Adv. Udayan Jain for plaintiff present.
Adv. Siddhi Somani i/b DSK Legal for defendant present.
Matter stands adjourned on 21.01.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2026
Date: 21-01-2026
Business: Adv. Anokhi Arora for plaintiff present.
Adv. Anyaka for defendant present.
Keep Back.
Later on.
Adv. Anokhi Arora for plaintiff present and filed application for for seeking time to file evidence of PW-1. O-Allowed adjournment only as a last chance. Taken on record and marked as Exhibit-9.
Adv. Anyaka for defendant present.
Matter stands adjourned on 18/03/2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2026
Date: 18-03-2026
Business: CORAM :- H.H.J. SMT. H. C. SHENDE (CR.65)
Adv. Jain for plaintiff present and requested for a date.
Adv. Varma for defendant present.
Matter stands adjourned on 17.06.2026 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Adv. Anokhi Arora for plaintiff present.
Adv. Ancheeta Verma for defendant present.
Plaintiff witness present.
Adv. for plaintiff filed evidence affidavit a/w compilation of document. TOR. Marked as Exhibit- 10 and 11 O- R and R.
It appears that defence of defendant is already struck of. Hence, they are given liberty to file their legal reply only, if any.
Matter stands adjourned on 29-07-2026 for legal reply of defendant, if any.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2026
Date: 29-07-2026
Business: Adv. Udayan S. Jain for plaintiff present.
Witness PW-1 is present.
Adv. Anaheeta Verma i/b DSK Legal for defendants present and filed and filed draft Notice of Motion along with affidavit. O- Leave granted to register it subject to objection regarding maintainability.
Defendant has not filed legal submission in respect of admissibility of documents in spite of giving them an opportunity. Hence, their right of file written submission is closed.
Copy of draft Notice of Motion is supplied to plaintiff. Service of registered Notice of Motion is dispensed with, provided defendants inform the plaintiff the number of registered Notice of Motion in advance
Matter stands adjourned on 16-09-2026 for tendering registered Notice of Motion and for filing reply.
Next Purpose: REPLY
Next Hearing Date: 16-09-2026
Date: 16-09-2026
Business: Adv. Anokhi Arora for plaintiff present.
Adv. Anaheeta Verma i/b DSK Legal for defendant present and submitted registered Notice of Motion No. 3910/26 along with affidavit. Taken on record.
She has also submitted that the registered number of Notice of Motion has already been informed to plaintiff . Adv. for plaintiff has filed her reply to the said Notice of Motion. Copy of reply is supplied to defendant no. 1.
Matter stands adjourned on 14-10-2026 for filing rejoinder by defendant no 1/ hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2026