Date: 07-08-2018
Business: None present for the plff.
The plff has failed to file proof of service of writ of summons of the deft
Matter is adjd. to 12.10.2018 for steps by the plff or for dismissal order.
LO at 4.00p.m.
Adv. Mr. Puranik for the plff present.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff. t.o.r. Leave granted to register.
Adv for the plff for extension of time to serve writ of summons to the deft. Time is extended as a last chance.
Matter is adjd. to 12.10.2018 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: By precipe.
Adv. G. Dhonde for the Plaintiff present.
Application filed by the plff for allow short service. t.o.r. Application is allowed. Short Service is allowed.
Already Matter is adjd. to 12.10.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Adv. Mr. Ganesh Dhonde for the Plaintiff present.
Adv. Mr. Shruti Gujar for Defendant present.
Original Notice of Motion no.3750/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Already tendered Vakalatnama of the plff.
Writ of summons tendered by the plff. t.o.r.
Vakalatnama tendered by the deft. t.o.r. O-filed.
Matter is adjd. to 13.02.2019 for reply to N/M and W.S by the deft.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Resumed.
Adv. Ganesh Dhonde for plaintiff and Adv. Surabhi Gujar for defendant are present.
Adv. Gujar seeks time to file reply to NM. Time is granted as last chance.
Adjd for NM reply/w.s. to 25.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2019
Date: 25-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: None present for Plaintiff.
Advocate Ms. Trupti Surbhi for Defendant present and submitted that settlement talks are going on between the parties, therefore NM reply will be filed on next date. On perusal of the record it is noticed that roznama of this suit is not written from 25/03/2019 hence call explanation from Sheristedar of CR no.1 as to why roznama is not written and affixed in the suit.
Case is adjourned to 17/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: None present for Plaintiff.
Advocate Surbhi Gujar for Defendant present and submitted that settlement talks are going on between the parties. Considering submissions adjourned.
Case is adjourned to 04/10/2019 for NM hearing/filing settlement terms.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: P.O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Advocate Puranik for Plaintiff present
Advocate Ms. Surbhi Gujar for Defendant present and filed Written Statement, t.o.r. and marked as Exh.4. Copy served upon Plaintiff\''s advocate.
Parties are directed to file draft issues on next date.
Case is adjourned to 20/01/2020 for NM reply/Draft issues. It is made clear that, if on next date, Defendant will not file NM reply Plaintiff\''s argument will be heard without reply to NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Advocate Ganesh N. Dhonde for Plaintiff present
None present for Defendant.
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 16/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present for Plaintiff.
Advocate Ms. Surbhi Gujar for Defendant present and submitted that parties are discussing for settlement, hence matter may be adjourned. Considering submissions adjourned.
Case is adjourned to 17/06/2020 for settlement.
Next Purpose: SETTLEMENT
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: SETTLEMENT
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: SETTLEMENT
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 30-09-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/12/2020 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Advocate Mr. Puranik for plaintiff present
None present for Defendant.
It seems that due to Corona pandemic, no one is present for defendant, hence case is adjourned to 16/03/2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv Mr. Pradip Zende h/f Adv Mr. Dhonde for plff present.
Adv Mr. Nikhil Tapal for deft present.
Both ld advocates seek adjournment after summer vacation by submitting that parties are trying to settle.
Matter is adjd. for settlement to 14.06.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 28-07-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 07-10-2021
Date: 28-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: None present for the plff.
Adv Mr. Nikhil Tapal for deft present and submitted that settlement talks are going on.
As nobody is present for plff, matter is adjd. for settlement/ NM hearing to 14.12.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None present for plff present.
Adv Mr. Harish Pawar for deft and submitted that deft is adopting its WS Exh.4 has reply to NM No.3750/2018.
Matter is adjd. for NM hearing/settlement to 16.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None present for plff.
Adv Mr. Pawan Tiwari present for defts.
As nobody is present for plff, N.M.No.3750/2018 be kept for dismissal order on next date.
Matter is adjd. for NM dismissal to 22.04.2022.
Judge
L.O. at 3.30 p.m.
Adv Shivani Mane h/f Adv Dhonde for plff present and seeks adjournment.
Already adjd. to 22.04.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: None present for plff.
Adv Mr. Nikhil Tapal h/f Adv Harish Pawar present for deft.
K.B.
L.O.at 4.30 p.m.
None present for plff.
Adv Mr. Nikhil Tapal h/f Adv Harish Pawar present for deft. and submitted that settlement is not possible.
As nobody appeared for the plff despite keeping back the matter, adjourned for NM dismissal order to 08.06.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None present for plaintiff.
Adv.Pawan Tiwari h/f.Adv.Harish Pawar for defendant present.
As Court is busy in hearing in NM in SU No.1479/21 (High Court Time Bound) matter, hence, matter adjd.
Matter adjd to 20.07.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv.Redekar h/f.Adv.Dhonde for plaintiff present.
Adv.Pawan Tiwari for deft. present.
Plaintiff requested for adjournment. Adjournment granted.
Matter adjd to 27.09.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-09-2022
Date: 20-07-2022
Business: Adv.Redekar h/f.Adv.Dhonde for plaintiff present.
Adv.Pawan Tiwari for deft. present.
Plaintiff requested for adjournment. Adjournment granted.
Matter adjd to 27.09.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Nikhil Wadekar for plaintiff present.
Adv. Harish Pawar for defendant is present. He filed pursis adopting the written statement as say to NM. TOR marked at Exh.5.
Matter adjd to 10/11/2022 for hearing at NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022
Date: 27-09-2022
Business: Adv. Nikhil Wadekar for plaintiff present.
Adv. Harish Pawar for defendant is present. He filed pursis adopting the written statement as say to NM. TOR marked at Exh.5.
Matter adjd to 10/11/2022 for hearing at NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv.Faiza Shaikh h/f.Adv.Ganesh Dhonde for plaintiff present.
Adv.Pawan Tiwari for defendant present.
Adv.for the plaintiff submits that the Sr.Counsel for the plaintiff is unable to appear today as he is engaged in proceeding before Hon\''ble High Court.
Read the last roznama notice of motion is already kept for dismissal. Adjournment granted as last chance.
Matter adj. to 30.01.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Ganesh Dhonde for plaintiffs present.
Adv. Harish Pawar for defendant present.
Kept back.
Later on called out at 3.58 p.m.
Adv. Ganesh Dhonde for plaintiffs present and filed pursis informing that plaint is not signed by plaintiff Nos.3 and 9 and they may be deleted from the plaint. Pursis TOR. Exh.05.
Adv. S. S. Redekar for defendant present.
Read the plaint, it is signed by the constituted attorneys of the plaintiffs. The copy of POA which was filed at the time of filing of suit is at page No.513. Said POA is not signed by plaintiff No.3 Mohan Awate and Plaintiff No.9 Direndra Swarup. Hence, technically they are not the plaintiffs, therefore, the plaintiff is allowed to delete the name of plaintiff Nos.3 and 9 from the title cause of the plaint, ordered accordingly. Suit is dismissed against plaintiff Nos.3 and 9.
Plaintiff in view of order passed in pursis Exh.05, complied with the amendment by deleting the name of plaintiff Nos.3 and 9.
The plaintiff Nos.1, 2, 4 to 8,10 to 25 and the defendant today filed consent terms and settled their dispute. They have filed true copy of POA dated 13.04.2018 at Exh.V alongwith the consent terms. The plaintiff Nos. 1, 2, 4 to 8,10 to 25 through their constituted attorney - plaintiff Nos.4, 6 and 8 have signed the consent terms. The plaintiffs and defendant are identified by their respective advocates. Read the consent terms, read the undertakings made therein. The consent terms are read over and explained to the constituted attorneys of plaintiffs and the defendant. They voluntarily admit and accept the contents therein. Hence, I pass the following Order.
ORDER
1. Consent terms are taken on record and marked as Exh.06.
2. Undertakings made in the consent terms are accepted.
3. I proceed to pass order below Exh.01.
Order below Exh.01.
Read the consent terms Exh.06 and today\''s order passed thereon. Plaintiff Nos.1, 2, 4 to 8,10 to 25 and defendant have settled their dispute. Suit is dismissed against plaintiff Nos.3 and 9. As the remaining plaintiffs and the defendant have settled the dispute by consent terms Exh.06, suit is required to be decreed in terms of consent terms. Hence, I pass the following order.
ORDER
Suit is decreed for plaintiff Nos.1, 2, 4 to 8,10 to 25 and defendant in terms of consent terms Exh.06.
Decree be drawn accordingly.
Order in Notice of Motion No.3750/18.
As the suit is disposed of in terms of consent terms, hence, Notice of Motion No.3750/2018 is disposed off as infructuous.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 25-04-2023
