Mr. Pannalal Hiralal BetwalaVsSmt. Kalavati Nanka Betwala

Date: 06-07-2019
Business: MATTER NOT TRACEABLE.
Advocate Ms. Priyanka Mistry for Plaintiff present and filed registered Notice of Motion no.2293/2019 with affidavit in support, t.o.r.
Defendant no.1 and 2 present and submitted that on next date they will engage lawyer hence matter may be adjourned.  For giving fair opportunity adjourned.
Defendant no.3 to 5 absent.
Case is adjourned to 20/08/2019 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Advocate Mr. S. K. Chauraya for Plaintiffs present and filed affidavit of service of writ of summons, t.o.r.
Grand daughter of Defendant no.1 present and filed vakalatnama of advocate Mr. Mukesh Chheda for Defendant nos.1 to 5, t.o.r.
K.B.
L.O. at 5.00 p.m.
Grand daughter of Defendant no.1 and all other 4 Defendants  submitted that their lawyer will attend the court tomorrow for arguments in respect of ad interim relief.  Considering submissions adjourned.
Case is adjourned to 21/08/2019 for hearing ad-interim argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Advocate Mr. S. K. Chauraya for Plaintiffs present
Advocate Mukesh Chheda for Defendants present
Court is busy in hearing NM in suit no.743/18 and court has to dictate order on NM in suit no.2447/18, hence case is adjourned to 23/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Court is busy in hearing and dictating order on NM in suit no.2614/18 and hearing and dictating order on Chamber Summons in suit no.81/87, hence case is adjourned to 31/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Advocate S. K. Chaurasia for Plaintiffs present
Advocate Mr. Chheda for Defendant present
Adv. for defendant submitted that on 04.09.19 he will file reply to N/M.  Hence, adjournment granted as a last chance to give fair opportunity to defendants.  It is made clear that if on said date deftsa. Will not file reply to Notice of Motion, court will hear Plaintiffs argument and will decide the n/m without reply of defendants.
Case is adjourned to 04/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: None present for Plaintiff.
Advocate Mr. Chheda for Defendant present and filed NM reply, t.o.r.
Case is adjourned to 11/09/2019 for NM hearing.
L.O.
Advocate S. K. Chaurasia for Plaintiffs present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2019

Date: 04-09-2019
Business: None present for Plaintiff.
Advocate Mr. Chheda for Defendant present and filed NM reply, t.o.r.
Case is adjourned to 11/09/2019 for NM hearing.
L.O.
Advocate S. K. Chaurasia for Plaintiffs present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Advocate Chaurasia for Plaintiff present and tendered affidavit of Plaintiff in rejoinder to NM reply filed by Defendants.  Advocate for Plaintiff also produced postal receipt of RPAD showing that rejoinder is sent by advocate for Plaintiff to Defendants advocate Mr. Chheda.  Advocate for Plaintiff further produced track consignment report showing that RPAD by which affidavit of rejoinder was sent to advocate Mr. Chheda is served upon advocate Mr. Chheda by Speed post.  Plaintiffs advocate submitted that there is urgency in the matter and since 20/06/2019 Defendants are trying to prolong the matter. Plaintiffs advocate pointed out that only two grounds are raised by Defendants in their NM reply to resist prayers made in NM and both those ground raised in NM reply are dealt by Plaintiff in affidavit in rejoinder, hence according to Plaintiff s advocate NM is necessary  to be made absolute.
Defendant nos.2 to 5 present and submitted that their lawyer Mr. Mukesh Chheda has infirmed them that due to illness he will not argue matter on their behalf, hence Defendant nos.2 to 5 submitted that matter may be adjourned as a last chance so that they can appoint new advocate for the purpose of NM arguments and further proceeding.
I have given serious consideration to the submissions made by parties.  Today, arguments by Plaintiff are heard and as a last chance, matter is adjourned to 13/09/2019 for giving fair opportunity to Defendants, so that they should not have chance to blame the court, that court has passed order hastily. It is made clear that if on 13/09/2019 Defendants will be unable to engage another advocate or if they will be unable to argue NM, court will proceed to pass order about NM considering affidavit filed by Plaintiff in support of NM, affidavit of reply filed by Defendants, affidavit of rejoinder and contentions raised in the plaint.
Case is adjourned to 13/09/2019 for Defendants arguments about NM and NM order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Advocate Chaurasia for Plaintiff present
Defendant nos.2 to 5  present.
Grandson of Defendant no.1 present.  All Defendants submitted that matter may be adjourned as they are unable to engage new lawyer due to festival period.
Roznama dated 11/09/2019 shows that I have already made it clear that, if Defendants advocate will not argue NM, court will consider the reply filed by Defendants and court will decide NM on merits, hence matter can not be adjourned.  Plaintiff\''s advocate is directed to argue NM and court will decide NM on the basis of reply filed by Defendants.
Heard Plaintiff\''s advocate about NM and it is noticed that Plaintiff is claiming entry in the premises which was reconstructed by Defendants after the original premises was damaged due to short circuit of electric supply.  On perusal of plaint it is noticed that Plaintiff has not made any expenditure for construction made by Defendants and inspite of it Plaintiff is intending that without extending a single rupee he should have entry in mezzanine/loft floor of suit premises.  Admittedly, Plaintiffs were occupying mezzanine floor from previous construction from suit premises, however, after it was damaged, it was Plaintiff\''s duty to contribute for repairing of the damaged old premises.  When court has pointed out the parties that Plaintiffs have right to reside in mezzanine/loft floor but he can not reside without expending a single rupee required for new construction, Plaintiffs advocate on instructions from Plaintiff submitted that matter may be referred for mediation.  Grand son of Defendant no.1 and Defendant nos.2 to 5 submitted that if Plaintiffs will pay the half of the expenditure amount required for reconstruction of damaged premises, Defendants will permit Plaintiffs to occupy mezzanine/loft floor. According to Defendants for reconstruction of damaged premises amount of Rs.3,50,000/- was expended by Defendants.  Considering submissions I find that if Plaintiff will contribute their half share of Rs.3,50,000/-, Defendants can permit Plaintiffs to occupy the mezzanine/loft floor from suit premises.  Hence, I find that there is possibility of settlement between the parties, hence matter be referred for mediation.  Parties are directed to sign referral letter.
Case is adjourned to 21/10/2019 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: As holiday was declared on 21/10/2019, on account of Vidhansabha Election, matter is taken on today\''s board and adjourned
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv. S.K. Chaurasia present for plaintiff.
Adv. Sudham Patil present for defendant.
Mediation Report received, t.o.r., marked Exhibit-03.
Mediation failed.
Case is adjourned to 08/01/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Plaintiff present and submitted that their lawyer is on the way to the Court hence matter may be kept back.
Defendant no.2 with advocate Mr. Sudam Patil for Defendants present and filed vakalatnama for Defendants, t.o.r.  He also filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused in filing Written Statement.  Leave to register Notice of Motion is granted.  Copy of NM be served upon Plaintiffs.
K.B.
L.O.
Advocate Mr. S. K. Chaurasia for Plaintiff present and filed additional affidavit in support of Notice of Motion.  Copy served to advocate for Defendants.
Defendant no.2 with advocate Mr. Sudam Patil for Defendants present
By consent, case is adjourned to 04/02/2020 at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Advocate Mr. Dhiraj Rathode for Plaintiff present and filed reply to Notice of Motion no.159/20, t.o.r.
Advocate Sudam Patil for Defendant present and filed registered Notice of Motion no.159/2020 with affidavit in support, t.o.r.
Court is busy in dictating order on Notice of Motion in suit no.973/17 and Notice of Motions in suit no.1229/17, hence case is adjourned to 12/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate Mr. S. K. Chaurasia for Plaintiff present
Advocate Mr. Sudam Patil for Defendant present and filed additional affidavit in support of Notice of Motion, t.o.r. He also filed reply to Notice of Motion no.2293/19, t.o.r.
                                ORDER ON NM NO.159/20
This Notice of Motion is taken out by Defendants for condoning delay of 165 days caused in filing Written Statement on their behalf.
Defendant no.2 has filed his affidavit in support of Notice of Motion contending that on 13/09/2019 matter was referred for mediation and prior to it, Defendants received writ of summons on 27/06/2019 and meanwhile the matter was fixed for Notice of Motion hearing.  It is contended that the mediation process continued  till 21/10/2019 however as wife of advocate for Defendants was hospitalized, said advocate expressed his inability to attend the matter.  Thereafter, Defendants approached present advocate in the month of November, 2019 and that time it was revealed that Written Statement of Defendants was not filed on record.  As such, delay of 165 days caused in filing Written Statement.
Plaintiff has resisted Notice of Motion by filing his affidavit in reply contending that inspite of ample opportunities given to Defendants, they have not filed their Written Statement and they have also delayed Notice of Motion hearing on one pretext or other. It is further contended that Defendants have not filed any documents on record to show that wife of their previous lawyer was hospitalized. Further, according to Plaintiff\''s advocate, day to delay is not explained by Defendants, hence Defendants have deliberately and intentionally caused delay in filing their Written Statement, therefore Notice of Motion deserves to be dismissed.
Heard Defendants advocate as well as Plaintiff\''s advocate.  Plaintiff\''s advocate has cited the case between M/s S. C. G Contracts India Private Limited V/s. K. S. Chamankar Infrastructure Pvt. Limited and Anr. reported in AIR 2019 SCC 2691. The cited case is having different facts from the facts of the case at hand, mainly because in cited case, the delay condonation for filing Written Statement was sought after rejection of application under Order 7 Rule 11 of CPC and in present case, parties were trying for settlement and the matter was referred for mediation. Further, in the case at hand as contended by Defendants, wife of their previous lawyer was hospitalized, hence said lawyer expressed inability to attend the matter.  Therefore, Defendants were required to appoint present advocate.  I find no reason to disbelieve Defendants about their contention in respect of hospitalization of wife of their previous lawyer mainly because, if said lawyer would have continued to represent Defendants, they would not have required to appoint present advocate.  Further, no lawyer will express his inability to represent client unless there is a difficult situation as shown in this case.  Hence, I find that the delay caused in filing Written Statement by Defendants was not intentional because parities were thinking for settlement. In such circumstances, I find that Defendants have shown the reasonable ground for condoning the delay caused in filing their Written Statement. Further it is always better for every Plaintiff to get the contested decree on merits else there is every possibility of remanding back the matter by Appellate Court and there is every possibility of further delay in the matter. Hence, I proceed to pass following order-
                             ORDER
1. Notice of Motion no.159/20 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.5000/- to be contributed by all Defendants equally for paying it to Plaintiff.
2. It is made clear that after Defendants will comply order passed by the Court today Written Statement filed by Defendants will be accepted and will be exhibited.
Case is adjourned for Compliance to 23/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv Mr. S.K. Chaurasiya for plff present.
Adv Mr. Patil for deft present and filed pursis at Exh.5 to the effect that order dt.12.03.2020 about payment of cost is complied with.
Ld. advocate for the plff conceded to it.
Since the order dt.12.03.2020 is complied with, WS of defts is accepted.
Written statement of deft Nos.1 to 5 at Exh.6. O- R&R.
By consent, matter is adjd. For NM hearing to 11.02.2021 in the afternoon session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Mr. S.K. Chaurasiya for plff present.
Adv Mr. Sudam Patil for deft present.
K.B.
Heard arguments partly from both the sides in NM No.2293 of 2019.
When a query was made during argument, learned advocate for plaintiffs seeks time to answer it by taking instructions from his clients By consent matter adjourned for further argument in NM to 17.02.2021 at 1.00 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 11-02-2021
Business: Adv Mr. S.K. Chaurasiya for plff present.
Adv Mr. Sudam Patil for deft present.
K.B.
Heard arguments partly from both the sides in NM No.2293 of 2019.
When a query was made during argument, learned advocate for plaintiffs seeks time to answer it by taking instructions from his clients By consent matter adjourned for further argument in NM to 17.02.2021 at 1.00 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. S.K. Chourasia for plaintiff present.
Adv. Sudam Patil for defendant present.
By consent, adjd. for NM hearing to 26/2/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 17-02-2021
Business: Adv. S.K. Chourasia for plaintiff present.
Adv. Sudam Patil for defendant present.
By consent, adjd. for NM hearing to 26/2/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv.Ms. Neha Pandey for plaintiff present.
Adv. Shri Sudam Patil for defendants present.
KB at 4.00 p.m.
As court is busy in hearing argument in other matters, for want of time, this matter is adjourned for further NM hearing to 03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv.Ms.S.K. Chaurasiya for plaintiff present and filed copies of documents with two separate list in NM No.2293/2019.
Adv. Shri Sudam Patil for defendants present and seeks time to file additional reply in view of the copies of documents produced on record today by the plff.  O- Time granted to file additional reply, if any, by the defendants.
By consent, matter is adjourned for additional reply,if any, by the defendants and for further argument in NM No.2293/2019 to 24.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. S. K. Chourasiya for plaintiff
Adv. Sudam Patil for defendant present and filed objections in respect of the additional documents produced by the plaintiff fin NM No.2293 of 2019. Copy given to other side.
Heard further arguments of both the sides in NM No.2293 of 2019.
Matter adjourned for NM order to 03.04.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Adv S.K. Chaurasiya for plaintiffs present.
Adv Sudam Patil for defendants present.
FRSR following order is passed in NM No.2293 of 2019.
                  ORDER
Notice of Motion No.2293 of 2019 is dismissed.
Costs in the main cause.
                                   --------
Matter adjourned for draft issues to 21/06/2021.
On request of advocates for both the parties, authenticated copy of this roznama be given to them as per rules.
Nature Of Disposal: DISMISSED
Disposal Date: 03-04-2021

Main Case No: SUIT/0101403/2019
Main Cnr: MHCC010055542019
Main Filing No: 111447

Filing Number: 106862/2019
Filing Date: 25-06-2019
First Hearing Date: 06th July 2019
Decision Date: 03rd April 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE