Mr. Rajesh Kanaiyalal YagnikVsMrs.Smita Jagdish Yagnik +3 more

Date: 31-08-2018
Business: Fresh Assignment.
Adv. for plff. present.
Defts. and their adv. absent.
Issue Wr/sum against defts.
Matter is adjd. to 27.11.2018 for service affd. / Wr/sum.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: plff. and his adv. absent.
deft. and his adv. absent.
L.O
Adv. Jaya for plfft
Exh.3 Adv. of plft. filed affidavit service t.o.r as well as filed application of service to the deft.
Matter is adjd. to.21.03.2019 for report of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2019

Date: 21-03-2019
Business: Due to Holiday on 21.3.2019, matter adj. to 22.3.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: As the matter was wrongly scheduled on holiday ie 21.3.2019, it is taken up today.
Adv. for plaintiff present.
Deft. and his adv. absent.
On request of Adv. for plaintiff, Matter is adjd. to 26.04.2019  for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv for plff. present and has filed affidavit of service alongwith anexture. TOR and marked as Exh.
None for the deft present.
Matter is adjd. to.16.07.2019  for order about service all defes.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Adv. for plff present.
Adv. for deft present.
The plaintiff has filed the affidavit served the about service but indicate that the close envelop issue deft no. 1 to 3 written back endorsement no claim. But therefore cannot sent the service is duly effected upon the defendant no. 1 to 3. The plaintiff has also filed so the respect of service of defendant no. 4 but it does not bears the signature of receiving person. Therefore cannot be said That deft no. 4 has acknowledge the writ of summons. Therefore the plaintiff is directed to permission the correct address of deft no. 1 to 3 and issuing to notice all the defendant keep the matter for compliance and service report.
Matter is adjd. to. 29/08/2019 for Compliance and Report of Service.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Mahesh Bendre for plff present.
Advocate for plff tendered affidavit of service alongwith postal tracking report and returned three speed post covers.
It appears that deft no. 1 to 3 were not found on the given address and hence they could not served. Where as defendant no. 4 has been served with writ of summons as per the tracking report and postal acknowledgement receipts. However deft no. 4 despite service failed to appear and hence marked Ex-parte.
Advocate for plff filed application for service of writ of summons upon deft no.1 to 3 by way of publication. TOR.
O- Allowed on necessary charges.
Adjd for Report of Service to 10.01.2020.
Next Purpose: REPORT
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Ms. Jaya Misal for plaintiff present.
Clerk of Defendants no. 1 to 4 present and tendered Vakalatnama of Advocate Mr. Niranjan Pathak (Exh.7) and Written Statement (Exh.8). Copy served to other side.
Adjd to 04.03.2020 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Adv. Jaya Misal  for plaintiff present .
None for defendants.
Court busy in other matters. Hence, adjourned.
Adjd to 28-04-2020  for framing issues .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: The court is busy in hearing arguments and dictating Judgment, hence for want of time, the matter is adjourned to 22.12.2020 for framing Issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Court is on Leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Salil D. along with Adv. Misal for plaintiff present.
None for deft.
The matter is adjd for framing issues to 17.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 06.10.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Nidhi Giri for plaintiff is present.
None for defendant.
Matter adjd for draft issues on 12.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: As per Office Order No. \''07of 2022\'', only urgent matter is to be taken up for hearing therefore matter is adjd to 25/03/2022  for framing of issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Nidhi Giri for pltff present.
None for deft.
On oral request of pltff, Matter is adjd to 28/07/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: P.O. in on leave. Matter is adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Mahesh for plaintiff is present.
None present for defendant.
On oral request of Adv.for plaintiff matter adjourned for draft issues.
Matter adjd to 03.01.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Mahesh Bendre for plaintiff is present and filed draft issues. T.O.R.
Defendant no.2 is present and filed draft issues. T.O.R.
Issues are framed at Exh.7.
Matter adjd to 01.03.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: None present for plaintiff.
Defendant no.2 is present.
Matter adjd to 14.08.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: Adv. Mahesh Bendre for plaintiff is present.
Defendant No.2 is present.
On oral request of plaintiff advocate, matter is adjourned.
Matter adjd to 13.10.2023 for evidence of PW-01.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Advocate Mr. Mahesh Bendre for plaintiff is present.
Defendant no. 2 is present.
On oral request of plaintiff, matter is adjourned.
Matter adjd to 21.12.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Megha Golatkar for plaintiff is present.
Defendant no. 2 is present.
On oral request of Ld. Adv. for plaintiff last chance granted to file evidence.
Matter adjd to 05.03.2024 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: None present for plaintiff.
Defendant no.2 present.
Sufficient time granted to the plaintiff to lead evidence. Matter is pending for recording evidence since 03/01/2023. Hence, matter is adjourned for recording evidence of plaintiff and dismissal order.
Matter djd to 15.06.2024  for recording evidence and dismissal.
Later on at 12.50p.m.
Adv. Mr. Mahesh Bendre for plaintiff present.
Matter already adjd to 15.06.2024  for recording evidence and dismissal.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Adv. Mahesh Bendre for plaintiff is present and filed application Exh.8 seeking permission for withdrawal of suit.
Plaintiff is present.
Defendant no.2 present.
Defendant no.2 present in the court is not having objection for unconditional withdrawal of suit. Permission granted for withdrawal of suit. Suit stands withdrawn with no order as to costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 15-06-2024

Registration Number: 102100/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 106132/2018
Filing Date: 25-04-2018
First Hearing Date: 31st August 2018
Decision Date: 15th June 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE