Jyoti Prashant RaoVsGeetadevi Vijay Naidu

Date: 25-04-2013
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Adv. Shri Shukla for plff. Jyoti Prashant Rao present.
The deft. Geetadevi Naidu and her absent.
V.Ramadevi Naidu and V. Ramadevi Vijay Naidu absent and their advocates absent.
The defts. to go through the draft issues filed by the plaintiff.
Chamber Summons No.1321/11 for framing the issues is adjourned to 21/09/2018.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: Court is vacant.
adjd. to 04.01.19 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: Both parties absent.
Adv. Shukla present.
Adv. Nilesh Makwana for applicant present.
Adjd for framing issues to 15/02/2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Adv. Shukla for plaintiff present.
Adv. Ravi Talreja for applicant/Respondent present.
Adjd for hearing  to 11/04/2019.
Next Purpose: HEARING
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Plaintiff present.
Adjd for hearing to 14/06/2019.
Next Purpose: HEARING
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. for DH present.
Adv. for JD present.
Adjd. to 03/08/19 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. P. N. G. Shukla for DH present.
Adv. Sunil Rawal for applicant present.
Adjd for hearing to 30/09/2019
Next Purpose: HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: DH present.
Adv. Shukla for DH present.
Adv. for JD present.
The Adv. for DH requested for consent date.
Adv. Mr Sunil Rawal for applicant present.
Adjd for hearing to 27/11/2019
Next Purpose: HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Pratap Narayan Shukla for DH present.
Adv. Nilesh Makwana I/b Adv. Mr. Rawal for applicant in chamber summons is present.
Adjd for hearing 30/03/2020.
Next Purpose: HEARING
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: National Lock Down
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: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: NOB TOB
After verification, whether any matter is posted on holiday, it is noticed that above execution application is posted on 24.10.2020 i.e. fourth Saturday. Therefore taken on today\''s board and matter is posted on immediate working date i.e. 26.10.2020.
Next Purpose: HEARING
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None for plaintiff.
Adv. Lajri H. Pancal for applicant present.
Today matter is for hearing.
She seeks time for argument. Time granted till next date.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for hearing to 24-02-2021.
Next Purpose: HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: None present.
Matter adjd for hearing to 21-06-2021.
Next Purpose: HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Adv Ravi Talreja for applicant present.
Plaintiff/DH absent.
Matter adjd for hearing to 22-10-2021.
L.O. at 3.17 pm
Adv P.N. Shukla for plaintiff present.
Matter adjd for hearing to 22-10-2021.
Next Purpose: HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv. Shukla for DH present.
None for JD.
As per roznama dtd. 01.09.2016 the matter was fixed for framing issue in Chamber Summons  No. 1321 of 2011.
Matter adjd for framing of issues as per order dtd. 01.09.2016. to 04.12.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: Adv. Shukla  for plaintiff/DH present.
Adv. Panchal for Applicant in CS 1321/11 present.
It seems that, the CS No.1428/11 and CS No.1321/11 was filed before Hon\''ble High court. Hence leave is granted to re-register the same.
Matter Adjd for tendering original registered CS after               re-registration on 28/01/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Shukla for plaintiff/DH present.
Representative of applicant in CS No.1321/11 present.
Representative of applicant tendered re-registered CS No.83/2022(Old CS No.1321/11). TOR.
Matter Adjd for framing of issues on 12/04/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Shukla for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for framing of issues on 20/06/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Shukla for plaintiff/DH present.
None present for defendant/JD.
Issues framed.
Exh.03 - Issues.
Matter Adjd to filing affidavit of documents  04/08/2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Shukla for plaintiff/DH present.
None present for defendant/ JD.
Plaintiff/Decree holder is present.
Later on at 02.50 pm.
Adv. Nilesh Makwana for applicant in execution application present.
Matter Adjd for evidence on 17/09/2022 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Shukla for plaintiff/DH present.
None present for defendant/JD.
Applicant in CS absent.
Later on at 12.29 pm.
Adv. Pravin Talreja for applicant in CS present.
Matter Adjd for evidence in CS on 01/11/2022 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Plaintiff/Decree holder is present.
Adv. Ravi Talreja for Applicant in CS present.
Defendant/JD absent.
Matter Adjd for evidence in CS on 15/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Shukla for plaintiff/DH present.
Adv. Nilesh Makwana for applicant in CS present.
Matter Adjd for evidence in CS on 27/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. Shukla for plaintiff/DH present.
None present for defendant/JD.
Matter Adjd for evidence/order on 27/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Court is on leave.
Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. P.N.G. Shukla  for plaintiff/DH present.
None present for defendant/JD.
None present for applicant in CS.
Applicant is CS failed to adduce evidence. Hence put up for CS dismissal.
Matter Adjd for CS dismissal on 16/06/2023.
Later on at 03.23 pm.
Adv. Tejashri Panchal for Applicant in CS present.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Presiding officer deputed to visit observation home.
Matter Adjd for CS dismissal to 31.07.2023.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Plaintiff/DH absent.
Defendant/JD absent.
Adv. Singh for plaintiff/DH present.
Adv. Tejashri Panchal for defendant/JD present.
Exh.4 -Advocate for the applicant in Ch/s filed adjournment application.
O. -Granted as a last chance.
Matter Adjd for Ch/s dismissal to 18.09.2023.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: P.O. is on leave.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: P.O. is on leave.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: P. O.is on leave.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Court is Vacant.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Court is on leave.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Adv Nilesh Makhwana for applicant Ramadevi present and filed application to remove caption of dismissal taken on record and marked as Exh.   Order - Allowed.
Matter is adjourned to 26.08.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Adv. D. R. Singh for DH present through VC.
Adv. Makwana  for applicant/intervenor present.
DH present.
Adv. Makwana submitted that he will file the evidence affidavit on next date.
As on 31.07.2023 last chance was granted, hence intervenor to file evidence affidavit by next without fail.
Matter is adjourned to 18.10.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Adv. D. R. Singh for DH present.
Adv. Makwana for intervenor present and filed an application to treat the affidavit in support of Ch/s as evidence affidavit and compilation of documents. Taken on record and marked as Exh.06 and Exh.07. Order - Permission granted.
Matter is adjourned to 14.01.2025 for Cross-examination on V.C at 2.45 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: None present.
Matter is adjourned to 05.02.2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: DH present.
Adv. R. B. Singh a/w Adv. P. G. Shukla for DH present.
Adv. Nilesh Makwana for applicant present.
Matter is adjourned to 06.03.2025 for R/E at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: Adv. R. B. Singh for DH present.
Adv. Nilesh Makwana for JD present.
JD/Witness present.
Cross-examination of JD partly completed.
Matter is adjourned to 23.04.2025 for R/E on VC at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2025

Date: 23-04-2025
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: P.O.is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: Adv. Nilesh Makwana for applicant/intervenor present through VC.
Adv. R. B. Singh for DH present.
DH present.
Adv. Singh submitted that he had sent message on whatsapp to Adv. Makwana to change date on 18.09.2025 instead of 19.09.2025 which he agreed. Order - In view of the said submission matter is adjourned on 18.09.2025.
Matter is adjourned to 18.09.2025 for R/E at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: DH present.
Adv. Nilesh Makwana for applicant present.
Adv. R. B. Singh for DH present.
Applicant Ramadevi present through VC.
Further Cross-examination of Ramadevi commenced and completed.
Adv. Makwana submitted that the applicant do not want to lead further evidence.
Matter is adjourned to 11.11.2025 for R/E of DH at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: DH present.
Adv. R. B. Singh for DH present and filed evidence affidavit along with documents taken on record and marked as Exh.06 and Exh.07. Order - Evidence affidavit read and recorded and production allowed.
Adv. Nilesh Makwana for applicant/intervenor present.
Copy of evidence and documents supplied to Adv. Makwana.
Matter is adjourned to 21.11.2025 for Reply on documents/R/E at 12.30.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2025

Date: 21-11-2025
Business: Adv. R. B. Singh for DH  present.
Adv. Nilesh Makwana for applicant present.
Matter is adjourned to 18.12.2025 for R/E at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: Adv. R.B. Singh present for Decree Holder.
Adv. Nilesh Makwana present for Applicant in CS No.83/2022.
ORDER ON ADMISSION AND DENIAL
         Heard Adv. Singh for plaintiff and Adv. Makwana for Applicant. The plaintiff has relied on 13 documents. Adv. Makwana submitted that as all the documents are xerox copies, therefore, he do not admit a single document. Whereas Adv. Singh submitted that the documents at Sr. No.3 to 5 are the orders of Honble High Court and notice sent. Being original, they are marked as Exh.8 to Exh.10. As regards the remaining documents, all are xerox copies. Therefore, they cannot be exhibited. At the most the plaintiff is at liberty to file certified copies of the documents.
The following documents are exhibited under the list Exh.07.
Sr. No.
Exhibits
Particulars
3
Exh.08
Order dt. 29/02/2012 passed by His Lordship Justice Justice S.J. Kathawala.
4
Exh.09
Order dt. 27/03/2012 passed by His Lorship Justice S.J. Kathawala.
5
Exh.10
Forwarding letter dt. 04/04/2012 of plaintiff Advocate.
Cross-examination of decree holder commence and completed.
Adv. Singh filed witness list TOR and marked as Exh.11. O- Issue witness SUM SUmons as prayed.
Matter is adjourned to 30-01-2026 for R/E at 12.30 pm.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: By precepe
Adv. R. P. Singh for DH present and filed an application for issuance of witness summons to Sheriff of Bombay and Bank Manager and the Secretary of Society. Taken on record and marked as Exh.12 to 16 respectively. Order - Issue request letter to Sheriff of Bombay and witness summons to Bank Manager and Secretary of society.
Matter already adjourned to 30.01.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2026

Date: 30-01-2026
Business: Adv. Nilesh Makhwana for applicant/intervenor present through VC.
Adv. R. B. Singh for DH present and filed service report in respect of Disha Co. Op. Soc. TOR.
Secretary Abheejit More of Disha Co. Op. Soc. Present in pursuance of the witness summons issued.
The list of documents are marked as Exhibit.13.
The letter bears signature of Ramadevi. It is marked as Exh.14.
The certificates dated 04.07.2011 and 18.07.2011 was issued by the then Secretary showing that Ramadevi was bonafide member of their society.  It is marked as Exh.15 and 16
The letters issued by the Secretary to the commissioner's office, High Court Bombay, are marked as Exh.17 and 18.
The letter dated 17.07.2011 is issued by Ramadevi to the Secretary. It is marked as Exh.19.
The letter dated 17.07.2011 is issued by the Secretary to Ramadevi. It is marked as Exh.20.
The membership form along with Appendix-3 was filed by Ramadevi for membership. It is marked as Exh.21.
The letter dated 27.02.2010 issued by Ramadevi to the then Secretary. It is marked as Exh.22.
The letter dated 12.09.2010 was issued by the then Secretary to Ramadevi for change of name / transfer of flat. It is marked as Exh.23.
Examination-in-chief Mr. Abheejit Jagannath More is recorded.
Matter is adjourned to 07/03/2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: Adv. T. Banerjee for Saraswat Co. op. Bank present and filed an affidavit of Bank Manager informing that the documents which were directed to be produce by way of witness summons were of the year 2006 and they were destroyed in the year 2022-2023, therefore, are not available. Taken on record and marked as Exh. Order - Seen. Other side to note.
Adv. Nilesh Makwana for intervenor/applicant present.
Adv. R. B Singh for DH present.
Witness of DH Mrs. Aarti Chhatbar (Branch Manager) ICICI Bank, Marol Branch present and submitted that the document is of the year 2006 which is available with Nariman Point Home Branch. Order - In view of the said submission, the witness is discharged.
Adv. Singh to take note.
Matter is adjourned to 09.04.2026 for R/E .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: Adv. R. B. Singh a/w Adv. P. G. Shukla for DH present.
Adv. Nilesh Makwana for applicant present.
Adv. P. Banarjee for Bank present.
Adv. R. B. Singh submitted that witness Abheejit More is unable to remain present for cross-examination. However, bank witness Mr. Ashish Naik is present in view of the witness summons and prayed for permission for his examination. Order - Permission granted.
Examination-in-chief and cross-examination of DW-3 Mr. Ashish Naik Commence and completed.
In cross-examination following documents are marked as Exhibit -
Exh.26 -  Security Register Extract.
Exh.27 -  Vouchers
Exh.28 - Invoice dt.04.05.2006.
Exh.29 - Loan application.
Exh.30 - Sanction letter.
Matter is adjourned to 20.06.2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: DH Mrs. Jyoti Prashant Rao is present.
Adv. for DH is absent.
None for JD.
Exh.31   - Application for adjourned is filed by DH. O - Allowed with a direction DH shall take steps diligent steps for examine witnesses.
Matter is adjourned to 01.08.2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2026

Date: 01-08-2026
Business: DH Jyoti Prashant Rao is present.
Adv. R. B. Singh  for the DH is present.
Record shows that cross examination of Mr. Abheejit More is yet not commenced. Ld Adv. for DH submit that due to ailment of his son witness is unable to remain present in court today. Submission is accepted and matter is adjourned for cross examination of witness.
Adv. for DH submit that on 09.04.2026 DH filed compilation of documents on record. However, it was not taken on record. Hence, it is taken on record today.
Exh.32 Compilation of documents filed by DH on 09.04.2026.
Taken on record today.
Matter is adjourned to 11.09.2026 for cross examination of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: Adv. R. B. Singh for DH is present.
None for JD.
Kept back for cross-examination of DH.
Later on at 12.35 p. m
Same appearance for DH.
Decree holders witness No.02 Mr. Abhijeet Jagannath More is present. However, none appeared for cross-examination. Hence, right of cross-examination stands forfeited. Witness is discharged.
On going through record, this Court asked a question to Ld. Adv. for DH that when cross-examination of Mrs. Jyoti Rao Decree Holders witness No.01 was recorded. Ld Adv submit that cross-examination of Decree Holder was recorded on 18.12.2025 by the then Presiding Officer. In order to keep the record, straight Sheristedar was directed to point out cross-examination of Decree Holders witness No.01 which was recorded as per roznama Dt.18.12.2025. However, with the help of Adv for DH, Sheristedar had gone through record and was unable to point out or show cross-examination of Decree holders witness No.01. Hence, Sheristedar shall file explanation on record on or before next date.
On above backdrop Ld Adv for DH, JD and intervenor to appear before this Court and apprise about cross-examination of Decree Holders witness No.1 which was recorded by the then Presiding Officer on 18.12.2025.
Matter is adjourned to 12.10.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2026

CHAMBER SUMMONS/100083/2022

Registration Number: 100229/2013
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 106917/2019
Filing Date: 25-04-2013
First Hearing Date: 25th April 2013
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE