Mrs. Vimuben Jantibai Rathod +1 moreVsShri. Vanmalibhai Laljibhai Parmar +5 more

Date: 22-10-2019
Business: Matter called out(12.05pm)
Adv.Nandini Shinde for plaintiff present.
Adv.Puranik for defendant no.2  present the inform that they have not serve with the plaint.  They undertake to file vakalatnama on next date.
Adv.Ravikant Khare for defendant no.5present the inform that they have not serve with the plaint.  They undertake to file vakalatnama on next date.
Plaintiff to supply copy of plaint alongwith the document to the defendant no.2 and 5.
Plaintiff to file affidavit of service alongwith original writ of summons on or before next date.
Matter is adj to 06/01/20 for filing service report.
Next Purpose: SERVICE
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Matter is called out at 11.36am
Adv.Dipti Kuber h/f Adv.Saroj Shinde for plaintiff present.
Son of defendant no.2 present he inform that they have received summons on  22/10/2019 however, he has not receive copy of plaint.  On last occasion plaintiff was directed to supply the copy of plaint.
Adv.Khare for defendant no.5 present he has not filed VP.  He also
inform that he has not received copy of plaint.
hence, plaintiff once again is directed to supply the copy of plaint alongwith the document to the defendant and also to file service affidavit in respect of other defendant.
Matter is adj to 27/04/2020 for affidavit of service..
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Adjd to 05-11-2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: P.O. is on leave  board is discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Nandini Shinde for plaintiffs present.
Defendant no. 2 present.  His advocate is absent.
None for def. no.1.
Time extended till next date for service of writ of summons.
Adjd to 07.06.2021 for service.
L.O. at 12.10 p.m. Adv. R. D. Khare for def. no. 5 present.
Next Purpose: SERVICE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for service to 27/07/2021
Next Purpose: SERVICE
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for service to 07/10/2021
Next Purpose: SERVICE
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Saroj Shinde For plaintiff present and prayed for adjournment.
Application for adjournment filed by adv. Fr plaintiff. O- Granted.
Adjd for affidavit of service to 09/12/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 11.54 am.
Adv. Akshay Lengare h/f Adv. Saroj Shinde for plaintiff is present.
Adjd. For affidavit of service to the defendant as a last chance to 23/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv. Saroj Shinde For plaintiff present.
Affidavit of service tendered by adv. For plaintiff. T.O.R
The affidavit of service shows that plaintiff himself has served the writ of summons i.e. copy of plaint by RPAD to the defendants. Such service under order 5 of CPC cannot be accepted.
The roznama shows that defendant No. 2 and 5 were present before court as per roznama dt. 22.10.19.
Defendant No. 2 present before the court.
As defendant No. 2 and 5 were present before the court and the plaint and other documents are served by plaintiff per direction in roznama dt. 22.10.2019 no need to serve them again.
Issue writ of summons to the defendants 1,3,4 and 6 to be served through bailiff as defendants are residing within jurisdiction of this court.
Defendant No. 2 stated that complete proceedings are not served by plaintiff. Plaintiff to comply immediately.
Adjd for affidavit of service to 06/05/2022
L. o at 12.04 pm
Adv. R. D Khare for defendant No. 5 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Exh- 1 Plaint.
Exh- 2 vakalatnama of adv. For plaintiff.
Exh- 3 memorandum of address of plaintiff.
Exh- 4 List of documents.
Exh- 5 Adv. Chandrakant Sanghavi and adv. Vimal Sanghavi filed vakalatnama for deft NO.1. O- Filed
Exh-6 Adv. Kunal R. Maskar filed vakalatnama for defendant NO. 2. O- Filed.
Exh-7 Adv. Chandrakant Sanghavi and adv. Vimal Sanghavi filed vakalatnama for deft NO.3. O- Filed
Adv. Jyotiram Jadhav for plaintiff present.
Adv. R. D. Khare for defendant No. 5 present.
Adjd for affidavit of service to 12/07/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. Akshay  Hegde for plaintiff present and filed affidavit of service t.o.r. marked as Exh.8
Adv. Vimal Sanghavi for defendants no.1 and 3  present and submitted that there is variation in copy of the plaint provided to the defendants and it is not as per the plaint which is registered as a suit.
Adv. Kunal Maskar  for defendant no. 2 present.
Consider submission of Adv. Vimal Sanghavi, the plaintiff is directed to serve the copies of the plaint and documents as per record of the case.
Matter is adjd.to 12-09-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Akshay Lengave for plaintiff present and place on record copy of the plaint and documents for deft. no. 5
Adv.Vimal Sanghavi  for defendants no. 1 and 3 present and received copies of plaint and documents
Adv. Kunal Maskar  for defendants no. 2 present and received copies of plaint and documents
None for defendants no. 4 to 6.
Matter is adjd.to 11-10-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv.Sunita Vishwakarma for plaintiff present.
LO at 12.20 pm.
Adv. Vimal Sanghavi a/w defendants no.3 present and filed written statement t.o.r. marked as Exh.9
He submitted that defendant no. 1 expired and he would provide details on the next date of hearing.
None for defendants no.  2 and 4 to 6.
He placed on record copies of  written Statement of deft. no. 3 Exh. 9 for plaintiff and deft. no. 2.
Matter is adjd.to 19-12-2022 for written statement by deft. no. 2 and 4 to 6.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Sunita Vishwakarma for plaintiff a/w plaintiff no. 2 present.
Adv. Vimal Sanghavi for defendant no. 1 and 3  a/w deft. no. 3 present.
Adv.  Kunal Mhaskar for defendant no. 2 present and filed draft NM with supporting affidavit t.o.r. Leave is granted to register the NM.
None for defendants no.4 to 6.
Matter is adjd.to 06-02-2023 for written statement of deft. no. 2 and 4 to 6 and bringing Lrs of deft. no. 1 on record and  filing registered NM
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Sunita Vishwakarma I/b Saroj Shine a/w plaintiff present.
Adv. R. D. Khare for defendant no. 5  present and submitted that writ of summons is not served upon defendant no. 5 and documents are not received by deft. no. 5.
None for defendants no. 2 to 4 and 6.
The plaintiff is directed to provide the plaint and documents to deft. no. 5.
LO at 12.00 pm.
Defendant no. 3  in person present.
LO at 3.30 pm.
Adv. Ankita shukla for defendant no. 2 present  and filed affidavit of service NM No.4950/22  with two returned close envelopes t.o.r.
Matter is adjd.to 24-03-2023 for written statement of defts. no. 2 and 4 to 6 and bringing Lrs of deft. no. 1 and filing registered NM 2.45 pm.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Adv. Akshay Lengare I/b Saroj Shine a/w plaintiff no. 1 present and submitted that he has not received death certificate of defendant no. 1 from his advocate. He needs some time to take steps for bringing the Lrs on record. He prayed for adjournment - allowed.
None for defendants no. 2 to 6.
LO at 3.30 pm.
Adv. Kunal Maskar  for defendant no. 2 present.
Adv. Vimal Sanghavi  for defendant no. 1 and 3 present and submitted that defendant no. 1 expired on 11-09-2022.
He filed written statement of defendant no. 3 t.o.r.
Adv. Kunal Maskar  for defendant no. 2 received copy of ws of deft. no. 3.
Adv. Vimal Sanghavi  for defendant no. 1 and 3 placed on record copy of WS for plaintiff.
Adv. Vimal Sanghavi submitted that ws for defendant no. 3 be treated as NM Reply.
Matter is adjd.to 20-06-2023 for written statement of defts. no. 2 and 4 to 6 and bringing Lrs of deft. no. 1
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Adv.  Sunita Vishwakarma for plaintiff present and filed application for directing defendant no. 1 direct defendant to provide death certificate of defendant no. 1. O- Other side to say.
The advocate for plaintiff seek time to file reply to n/m no. 4950 of 2022. Time granted till next date.
Plaintiff present.
Adv.  Kunal Mhaskar for defendant  no. 2 present.
Adv. Vimal Sanghavi for defendant no. 1 and 3 present.
The defendant no. 2 tendered register n/m no. 4950 of 2022. TOR.
Matter adjourned for steps to bring LR\''s of defendant no. 1 on record and reply to n/m to 09/08/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Akshay Lengare For plaintiff present.
Adv. H. Parmar For defendant no. 2 present.
Adv V Sanghavi for defendant no. 1 to 3 present.
Matter adjourned for steps on 11-10-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Adv. Akshay Lengare for plaintiff present and filed reply to NM No.4950/22. Tor.
He also filed draft chamber summons along with affidavit in support tor.
Leave granted to register chamber summons.
Adv. Urvi Shah for defendant no.2 present.
Plaintiff is directed to serve copy of chamber summons to other side.
Matter adjourned for filing registered chamber summons and NM hearing to 13-12-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Akshay Lengare h/f Saroj K Shinde for plaintiff present and seek time to file register ch/s and NM hearing. Time granted till next date. The plaintiff is directed to get it register ch/s and serve copy on other side.
Adv. Vimal Sanghavi   For defendant no. 3 present.
Adv. Kunal  For defendant no. 2 present.
Matter adjourned to 04/03/2024 for filing register ch/s,  ch/s reply and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Plaintiff No.2 in person present.
Advocate Urvi Shah for defendant No.2 present and submitted that defendant No.2 submit to the order of the court in Chamber Summons to bring lrs of defendant No.1 on record.
None for defendant No.1
Later on at 03.42 pm.
Advocate Sunita Vishwakarma for plaintiff present.
Matter stands adjourned on 29.04.2024 for filing registered Chamber Summons by the plaintiff/Chamber Summons reply and Notice of Motion hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Advocate Sunita Vishwakarma for plaintiff present and filed registered Chamber Summons No.457/2024 t.o.r.
Advocate Bhairavi Pathak h/f Advocate Kunal Mhaske for defendant No.2 present.
None for defendant No.1 present.
Matter stands adjourned on 18.07.2024 for Chamber Summons reply and Notice of Motion hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Adv. Sunita Vishwakarma for plaintiff present.
Adv. Vimal Sanghvi for defendant No.2 and 3 present.
Matter is adjourned for filing service affidavit of Chamber Summons.
Matter stands adjourned on 01/10/2024 for filing service affidavit of Chamber Summons.
Next Purpose: SERVICE
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Adv. Sunita Vishwakarma for plaintiff present.
Adv. Kunal Mhaskar for defendant No.2 present.
Adv. Vimal Sanghve for defendant No.3 present.
None for other defendant present.
Matter adjourned for service.
Matter stands adjourned on 17/12/2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: Adv. Vishwakarma for plaintiff present and filed affidavit of service. Seen. Taken on record and marked as Exhibit-10.
None for defendant present.
Matter stands adjourned on 24/02/2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: None for plaintiff present.
Adv. Urvi Shah for defendant No.2 present.
None for other defendant present.
Despite sufficient opportunities plaintiff have not filed service affidavit in respect of defendant No.1(b) to 1(f). Chamber Summons No.457/2024 is posted for dismissal order.
Matter stands adjourned on 24/03/2025 for dismissal of Chamber Summons.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Adv. Sunita Vishwakarma for plaintiff present and seeks time for filing service affidavit. Time granted.
Adv. Urvi Shah for defendant No.2 present.
None for other defendant present.
Matter stands adjourned on 29/04/2025 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: Adv. Sunita Vishwakarma for plaintiff present and tendered service affidavit. TOR and marked as Exh. 10
None for defendants.
KB
LO at 05.08 PM
Adv. Sunita Vishwakarma for plaintiff present.
Proposed defendant no. 1 (c) in person present.
Matter adjourned on 18-06-2025   for reply.
Next Purpose: REPLY
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: Adv. Mrs. Sunita R. Vishwakarma i/b Adv. Saroj K Shinde for plaintiff present.
None for defendant.
Last chance given to defendant for filing reply to Ch/s.
Matter adjourned on 04.07.2025 for reply and hrg.
Next Purpose: REPLY
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: Adv. Sunita Vishwakarma for plaintiff present.
Adv. Urvi Shah for defendant No.2 present.
Adv. V. Sanghavi for defendant No.3 present.
Rest of the board is discharged due to paucity of time and since, the court remained busy in hearing other matters on board.
Matter stands adjourned on 25/08/2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Adv.  Sunita Vishwakarma for plaintiff present.
None for defendant present.
As per service affidavit Exhibit-11 the Chamber Summons served upon the defendants and proposed defendants but till date no reply has been filed so the Chamber Summons No.457/2024 be kept for hearing without reply.
Matter stands adjourned on 06/10/2025 for hearing of Chamber Summons No.457/2024 without reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Adv. Sunita Vishwakarma for plaintiff present.
Adv. Urvi Shah for defendant No.2 present.
None for other defendant present.
Keep Back.
Later on.
Adv. Sunita Vishwakarma for plaintiff present and filed pursis. O-Read and Record. Taken on record and marked as Exhibit-12.
Adv. Urvi Shah for defendant No.2 present.
None for other defendant present.
Keep Back.
Later on.
F.R.S.R. following order is passed in Chamber Summons No.457/2024.
ORDER
1.Chamber summons No.457/2024 in Suit No.2587/2019 is  allowed.
2.The plaintiff is directed to amend the cause title of the suit as per schedule annexed on or before next date.
3.Parties to take note and to take necessary steps.
4.Proceeding of Chamber Summons No. 457/2024 in Suit No.2587/2019 is closed.
Matter stands adjourned on 17/10/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: Adv Sunita Vishwakarma for plaintiff present. Plaintiff no.1 is present. He filed application for extention of time to compliance. TOR  and its marked as Exhibit.13
O-allowed as prayed.
None for defendant present.
Matter stands adjourned on 01.11.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: Adv. Sunita Vishwakarma for plaintiff present and filed amended copy of plaint. Taken on record.
None for defendant present.
Matter stands adjourned on 16/01/2026 for filing service affidavit of amended copy of plaint upon other side.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2026

Date: 16-01-2026
Business: Adv. Sunita Vishwakarma for plaintiff present.
Adv. Mohd. Hussain for defendant No.2 present.
None for other defendant present.
Copy of amended plaint is served upon defendant No.2.
Matter stands adjourned on 25/02/2026 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: P. O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: Court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2026

Date: 17-06-2026
Business: None for plaintiff present.
Adv. Urvi Shah i/b Kunal R Maskar for defendant no 2 present.
Adv. Sourabh Saxena for defendant no 5 present and given oral undertaking for filing vakalatnama.
Notice of Motion no 4950/22 is pending since long. Pleadings are completed. Hence, both the Learned advocates for defendant no 2 and plaintiff shall positively argue on said Notice of Motion  on next date.
Matter stands adjourned on 24-08-2026 for hearing on Notice of Motion 4950/22
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: CORAM - H.H.J. SHRI. A. H. BAIG (CR.65)
None for plaintiff present.
Adv. Urvi Shah i/b Adv. Kunal Maskar for defendant no 2 present.
Adv. Vrunali Kiritkar a/w Adv. Vishvaja Bendare i/b Adv. Sourabh Saxena for defendant no 5 present and  filed vakalatnama. Taken on record and marked as Exhibit-14  O- filed.
Plaintiff is absent for hearing in spite of specific directions given on last date. Adv. for defendant no 2 is ready for hearing hence, matter is kept back.
Later on at 4.15 pm
Adv. Urvi Shah i/b Adv. Kunal Maskar for defendant no 2 present. and argued Notice of Motion.
Plaintiff and their Adv. are absent hence, their argument is closed. Written submissions filed TOR. O- Seen.
Matter stands adjourned on 07-09-2026 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: Adv. Saroj K Shinde a/w Adv. Sunita R Vishwakarma for plaintiff present  and requested for removing the matter from order caption and allowing her to argue the Notice of Motion.
Adv. Vrunali Kiritikar a/w Adv. Vishvaja Bendare i/b Adv. Sourabh Saxena for defendant present.
Adv. Mohd Hussain I/n Adv. Kunal Maskar for defendant no 2 present.
Considering her request, her prayer is allowed in the interest of justice and Adv. for plaintiff is directed to positively argue the Notice of Motion on next date, failing which no further opportunities would be given.
Matter stands adjourned on 06-10-2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2026

CHAMBER SUMMONS/100457/2024
NOTICE OF MOTION/104950/2022

Registration Number: 102587/2019
Transfer Date: 19-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102587/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Registration Number: 102587/2019
Transfer Date: 27-12-2023
From Court: 66 - COURT 66 ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Registration Number: 102587/2019
Transfer Date: 28-04-2025
From Court: 65 - COURT 65 ADDL SESSIONS JUDGE
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Registration Number: 102587/2019
Transfer Date: 20-06-2025
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 23 - COURT 23  ADDL SESSIONS JUDGE

Registration Number: 102587/2019
Transfer Date: 02-07-2025
From Court: 23 - COURT 23  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 106693/2019
Filing Date: 20-06-2019
First Hearing Date: 22nd October 2019
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE