Date: 20-06-2019
Business: Ms. Sushama Bavkar, Plaintiff no.1(c) present. Shri. Chaitnya Bandarkar son of Yashwant Bhandarkar, defendant no.2 present. Both the parties present today states that the defendant no.1(g) Shri.Swamy Bhandarkar is not consenting for partition. However, it will be appropriate issue notice before execution against all the defendants. Hence, issue notice before execution against all the defendants returnable on 14/08/2019. Later on Ms. Sayali Apte, advocate for the plaintiff appeared and she has been informed about the todays roznama.
Next Purpose: FOR___________________
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Ms. Saylee Apte, advocate for the Plaintiff present. On request of Ms. Apte, for completing service, as ordered on 20/06/2019, adjd to 17/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: Shri. Shetty, advocate for the Plaintiff present. Exe.application marked as Exh.-A(Colly). Matter is taken on board by way of praceipe, marked as Exh-B. Shri. Shetty prays that, he may be allowed to serve the Defendant by way of Speed Post, as the Bailiffs in the office of Sheriff of Mumbai, have no sufficient time on account of heavy work load. Hence, service by Speed Post is allowed. Matter already adjd to 17/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Ms. Saylee Apte, advocate for the Plaintiff present. Ms. Madhuri Raibagkar, advocate for the Defendant no.1(g) present. Ms. Raibagkar has tendered the Joint Vakalatnama of herself and Ms. Cynthia Fernandes, advocates for the defendant no.1(g), taken on record and marked as Exh-C. Ms. Apte states that service has been completed and seeks time to file affidavit of service. Ms. Raibagkar seeks time to file reply, stating that the defendant 1(g), is intending to file Appeal in the Honourbale High Court, Bombay. Hence, by consent, adjd to 03/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Shri. Shettye, advocate for the plaintiff present. None for the defendants. Shri. Shettye has tendered affidavit of service, proving service, taken on record and marked as Exh-D. On request of Shri. Shettye, for taking further steps, adjd to 10/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Shri. Shettye, advocate for the plaintiff present. None for the defendants. On request of Shri. Shettye, for taking instructions in respect of appointment of Court Commissioner for effecting the partition, adjd to 14/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Shri. D.D. Shete Advocate for plaintiff present. None for Defendant. Shri. Shete prays for appointment of Architect for effecting partition as per decree. Shri Shete further states that plaintiff is ready to bear the charges of the Architect. Hence, Shri Anil Korgaonkar, Architect is appointed as Court Commissioner for effecting partition as per decree. Office to issue writ of commission accordingly. Awaiting commissioner report adjd to 20/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Ms. Prerana Dhoke, advocate for the plaintiff present.
Shri. Swami Bandarkar, defendant no.1 (g) present.
Letter dt.20/11/2019, under this office inward no.12208, dt. 19/11/2019, received from Shri. Anil Korgaonkar, Architect, appointed as Court Commissioner, alongwith the closed packet said to contain report in triplicate, t.o.r. and letter marked as Exh-E.
Parties are directed to obtain the copies of Commissioner Report, from the Commissioner.
On request of Ms. Dhoke, adjd to 27/11/2019, to consider the Commissioner Report and to make submission accordingly.
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Shri. Shettye, advocate for the Plaintiff present.
Letter dt. 22/11/2019, received from Shri. Anil Korgaonkar, Achitect, appointed as Court Commissioner, t.o.r. and marked as Exh-F.
As per the said letter court commissioner has received his fees, therefore, the packet said to contain report in triplicate came to be opened.
One copy of commissioner report meant for plaintiff has been handed over to Shri. Shettye and he has acknowledge on the letter dt.20/11/2019(Exh-E), above receipt of the same.
Commissioner Report for the Honourable Court has been marked as Exh-G.
On request of Shri. Shettye for considering the Commissioner Report and for taking further steps, adjd to 12/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Ms. Prerana Dhoke, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 18/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Ms. Prerana Dhoke, advocate for the plaintiff present.
On request of Ms. Dhoke, adjd to 07/01/2020, for taking instructions.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Ms. Prerana Dhoke, advocate for the plaintiff present.
Shri. Swami Bandarkar, defendant no.1(g) present.
Copy of the Commissioner Report, for the defendant has been handed over to Shri. Bandarkar and he has acknowledged the receipt of the same on letter Exh-E in token of receipt of the Commissioner Report.
Ms. Dhoke, seeks time to take instructions, and on her request, adjd to 27/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Shri. P.G. Lad with Ms. Saylee Apte, advocates for the plaintiff present.
Shri. Swami Bandarkar, defendant no.1(g) present.
Shri. Lad states that the second option suggested by the Commissioner in his report dt.20/11/2019, is acceptable and he seek time to take further steps, in accordance with the said option.
Hence, on request of Shri. Lad, adjd to 11/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Ms. Prerna Dhoke, advocate for the plaintiff present.
Ms. Cynthia Fernandes, advocate for the defendant no.1 (g) present.
Ms Dhoke has tendered affidvit, t.o.r. and marked as Exh-H.
Ms. Fernandes has tendered the objection on behalf of defendant no.1 (g) to Commissioner Report dt.30/11/2019, t.o.r. and marked as Exh-I.
Copy of the both have been served upon each other across the bar.
Both the advocates submits that the matter may be referred to the Honourable Court and hence, the matter is hereby submitted to Honourable Court on 04/03/2020.
Office to take steps to assign the matter to the Honourable Court as per assignment.
Parties and Advocates to appear before the Honourable Court as may assigned on 04/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Shetye for DH present and filed reply to objections of defendant no. 1(a)
Adv. C pareira for JD present.
Matter stands Adj for hearing on objection of defendants no. 1(a) to 15.04.2020.
Next Purpose: HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Advocate Shete for DH present.
None for JD.
The case is adjourned to 21.01.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Advocate Ms. Prerana Dhoke h/f adv.P.G. Lad for DH present.
None for JD.
The case is adjourned to 25.02.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Advocate Ms.Prerana Dhoke h/f adv. P.G.Lad for DH present.
None for JD.
The case is adjourned to 08.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Matter called out at 11.55 a.m.
Adv. Sayali Apte a/w Adv. Prerana Dhoke for plaintiff present.
Deft. 1(g) Swami Bhandharkar present in person. He is seeking time on the ground that his advocate is not keeping well. Time granted by way of last chance.
Matter stands adjourned to 18.10.2021 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 18.10.2021. Hence, Matter adj. to next date.
Next Purpose: HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Matter mentioned at 11.17 a.m.
Adv. Sayli Apte @ Adv. Preranan Dhoke h/f P.G. Lad for DH present.
Adv. Cynthia Pereira for Deft. No.1(g) present.
By consent, matter stands adjourned to 08.11.2021 for hearing
(afternoon session).
Next Purpose: HEARING
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Matter called out at 11.36 a.m.
None present.
Kept back for afternoon session.
Later on at 2.52 p.m.
Adv. Sayli Apte I/b P. G. Lad for plaintiff present.
Deft. No.1(g) through his Adv. Madhavi Ruibaykar and Adv.Cynthia Pereira present.
Heard both the sides on the inspection report dated 15.10.2019 submitted by the commissioner. The Deft. No.1(g) objected the aforesaid report on various grounds including that he was not served with intimation of inspection and he has informed to the commissioner that he was at Panvel. The Deft. No.1(g) is ready to bear the charges of re-inspection. The DH have no objection. Therefore, by consent of the parties, same commissioner is directed to conduct re-inspection of the site after giving due notices to the parties. In view of the above, objection Exh.I is disposed of. The aforesaid order be communicated to the commissioner for necessary compliance of issuance of notice.
Parties to act on authenticated copy.
Matter be sent to the concerned registrar.
Matter stands adjourned to 17.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Matter mentioned at 12.41 p.m.
Adv. R. R. Pawar for DH present.
Adv. Cynthia Pereira for Deft. No.(g) present.
Court commissioner report not received.
Matter stands adjourned to 20.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Matter called out at 11.39 am
None for plaintiff.
Adv. Cynthia Pereira for defendant No. 1(g) present.
Adv. Shweta Korgaonkar through Court Commissioner Mr. Anil Korgaonkar present and she tendered Court commissioner report. TOR.
It is marked as Exh. 2.
Copy supplied to the defendant no. 1 (g).
The Court commissioner is discharged.
Matter stands adjourned to 07.03.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Matter called out at 11.31 a.m.
Adv. R. R. Pawar h/f Adv. P. G. Lad for DH present.
Adv. Madhuri R. a/w Cynthia Pereira for Deft. No.1(g) present.
The copy of commissioner report is received by DH.
Both the sides are seeking time. Time granted by way of last chance.
Matter stands adjourned to 21.03.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Matter called out at 11.13 a.m.
DH(1a) in person present.
Adv. R. R. Pawar h/f P. G. Lad for DH present.
Adv. Cynthia Pereira a/w Adv. Madhuri Rajbagkar for JDR No.1(g) present.
Kept back.
Later on mentioned at 2.01 p.m.
Adv. Sayli Apte h/f P. G. Lad for DH present.
Adv. Madhuri Rajbagkar for JDR No.1(g) present.
By consent, matter stands adjourned to 31.03.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Matter called out at 11.43 a.m.
DH 1(a) in person present.
JDR 1(g) in person present.
At the request of DH, kept back.
Later on mentioned at 1.46 p.m.
DH 1(a) in person present.
Adv. Sayli Apte a/w Adv. R. R. Pawar for DH present.
JDR 1(g) in person present.
Adv. Cynthia Pereira a/w Madhuri Ruibagkar for JDR No.1(g) present.
Parties informed that their mediation as to area of 1/3rd share has not worked out. Court have suggested an option that one party should retain area of 1/3rd in one house and for the excess, he should pay to remaining two brothers so that other two parties would get front access.
Parties wanted to work out for the same.
Matter stands adjourned to 19.04.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Rahul Raut a/w Jitendra Chinchambekar for Deft. no.1(g) present. He tendered VP. TOR. Exh.3.
Later on at mentioned at 1.45 p.m.
DH in person present.
Adv. Rahul Raut for Deft. no.1(g) present.
Adv. Sayali Apte a/w Dilip Shete for plaintiff and Deft. no.2 present.
OPERATIVE PART
(FRSR following order is passed)
1. Final decree be drawn up.
2. Defendant nos.1(a) to 1(g) are allowed to retain lay-out denoted by blue portion in Commissioner Report (Exh.2) and the plaintiff and
defendant no.2 be handed with the lay-out of red and green portion as per their understanding.
3. The plaintiff and defendant no.2 do not want to claim on fishing
boat and net. They are ready to relinquish the same in favour of
defendant nos. 1(a) to 1(g). Hence, defendant nos. 1(a) to 1(g) may take possession thereof.
4. No order as to costs.
5. Decree be drawn up accordingly.
6. Execution Appln. No.182 of 2019 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 19-04-2022