Shivangi Shanker and Anr.VsReshma Estates Pvt. Ltd.

Date: 09-07-2019
Business: Parties and Advocate absent,  As Court is on leave, board discharged and adjd to 17/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Shri. Sunil Choudhary, advocate for the Plaintiff present. On request of Shri. Choudhary, adjd to 25/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Shri. Sachin Suware, intern of Dharma and Co.,advocate for plaintiff present. On request of Shri. Suware, for taking further steps, adjdj to 01/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Parties and Advocate absent,  adjd to 20/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Parties and Advocate absent,  adjd to 26/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Shri. Sachin Suware, intern of the Dharam and Co., present. On request of Shri. Suware, adjd to 01/10/2019, for further steps.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Shri. Sachin Suware, intern of the Dharam and Co., present. On request of Shri. Suware, adjd to 22/10/2019, as the Honourable of High Court, Bombay, has granted stay till 15/10/2019 in the matter vide order dt.05/09/2019 in First Appeal 859/2019 with Civil Application No,2863/2019.
Next Purpose: FOR___________________
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Shri. Sachin Suware, interns of Dharam and Co., present. Shri. Suware has tendered the copies of orders dt.15/10/2019, passed by the Honourable High Court, in Civil application No.2863/2019 in First Appeal No.859/2019 and in First Appeal No.859/2019, kept in R and P. On request of Shri. Suware, for taking further stpes, adjd to 14/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Shri. Sachin Suware, interns of Dharam and Co., present.
On request of Shri. Suware, adjd to 26/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Shri. Sachin Suware, interns of Dharam and Co., present.
On request of Shri. Suware, adjd to 17/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Parties and Advocate absent,  adjd to 24/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Shri. Sachin Chaidhari  Advocate for Plaintiff present.
As Court is on leave, board discharged and adjourned to 16/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Shri Sachin Suware, intern of Dharma and company present.
On request of Shri Suware, matter adjourned to, 16/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Parties and advocate are absent adjourned to 25/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: In view of directions vide Office Order No.106 of 2021, matter adjourned to 30/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Parties and advocates are absent, adjourned to 29/09/2021, by way of last chance.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Shri Sachin Chaudahri advocate for plaintiff present.
On request of Shri Chaudhari matter adjourned to 12/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Parties and advocate absent adjourned to 29/11/2021, for disposal.
Next Purpose: FOR___________________
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 09/12/2021.
Next Purpose: DISMISSAL
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Shri. Sachin Chaudhari, Advocate for Plaintiff present.
On request of Shri Chaudhari matter adjourned to 28/01/2022, for taking further steps.
Next Purpose: DISMISSAL
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 01/03/2022, earlier orders to continue.
Next Purpose: DISMISSAL
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Shri Sachin Chaudhari, Advocate for Plaintiff present.
On request of Shri Chaudhari, issue notice u/o.XXI, Rule 34 of CPC, to be served with the copy of draft of sale deed, returnable on 11/04/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Shri Sachin Chaudhari, Advocate for Plaintiff present.
On request of Shri Chaudhari, adjourned to 10/06/2022.
LO
Ms Huzan advocate for defendant No.1 appeared and she has been informed about next date.
Next Purpose: NOTICE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Shri Sachin Chaudhari, Advocate for plaintiff present.
Shri Aman Arora advocate for defendant present.
Shri Chaudhari, states that notice u/o.XXI, Rule 34 of CPC has been served upon defendant alongwith the copy of draft sale deed.
Shri Arora advocate for defendant states that he has to suggest some changes in that draft sale deed served upon the defendant.
Shri Chaudhari has no objection and hence, by consent, for finalizing the draft of sale deed in between parties, matter adjourned to 05/07/2022.
Next Purpose: NOTICE
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Ms. Uma Sharma, advocate for plaintiff present.
Shri Aman Arora, advocate for defendants present.
By consent of both the advocates for finalizing of draft sale deed, adjourned to 18/07/2022.
Next Purpose: NOTICE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Shri Aman Arora, advocate for defendant present.
None for plaintiff.
Shri Arora states the nothing has been heard from the advocate for plaintiff in respect of finalizing of draft sale deed.
He further states that Appeal filed by the defendant is pending in the Honourable High Court and for want of appearance of advocate for plaintiff today Shri Arora seeks adjournment.
Hence, on request of Shri Arora, matter adjourned to 24/08/2022.
LO
Shri Sachin Chaudhari advocate for plaintiff appeared and he has been informed about the above roznama and next date.
Next Purpose: NOTICE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Shri  Aman Arora, Advocate for Defendant present.
None for plaintiff.
Shri Arora, states that the draft of sale deed is being finalized in between parties and he seeks adjournment and he also undertakes to file vakalatnama on next date.
Shri Arora, further states that the Appeal filed in the Honourable High Court is admitted however, not yet listed for final hearing.
Hence, on request of Shri Arora, for finalizing the draft of sale deed and for his vakalatnama, matter adjourned to 03/10/2022.
LO
Ms. Uma Sharma, advocate for plaintiff appeared and she has been informed about the next date.
Next Purpose: NOTICE
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Ms. Uma Sharma, advocate for plaintiff present.
Shri Aman Arora, advocate for defendant present.
Execution application marked as Exh.A(Colly.).
Original Notice U/o.XXI, Rule 34 of CPC, alongwith service report pasted thereon, received from office of Sheriff of Mumbai, t.o.r and marked as Exh.B.
Shri Arora, has tendered Vakalatnama of Ms. Desai and Diwanji, advocates for defendant t.o.r and marked as Exh.C.
Shri Arora, has tendered copy of email dated 08 August 2022, send to Dharam Sharma annexing therewith the revised draft on behalf of the Defendant kept in file.
He has also filed draft of sale deed separately endorsed on the top in handwriting as draft by respondent (Desai and Diwanji) 03/10/2022 same is also kept in file.
Ms. Uma Sharma, has also tendered draft of sale deed endorsed on the top in handwriting as draft given by plaintiff, kept in file.
Shri Arora, states that the Appeal No.859/2019, filed in the Honourable High Court is pending and undertakes to inform this Court about the orders passed therein on next date.
For consideration of the drafts tendered by both the advocates today in between themselves matter adjourned to 28/11/2022.
Next Purpose: NOTICE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Shri Sachin Chaudhari, advocate for plaintiff present.
Shri Suyash Bartake, advocate for defendant present.
Shri Bartake seeks adjournment, stating that Honorable High Court, Bombay, has granted stay in IA No.19985/2022.
Shri Chaudhari confirms about the stay granted by the Honourable High Court.
Hence, by consent, matter adjourned to 05/01/2023.
Next Purpose: NOTICE
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Shri Suyash Bartake advocate for defendant present.
None for plaintiff.
On request of Shri Bartake matter adjourned to 21/02/2023, as Shri Bartakke states that the stay granted by the Honourable High Court is in force.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Matter is taken on board in view of writ received from the Honourable High Court, Bombay.
Copy of Writ bearing F.A.CIV.NO-C0305871 of 2022 dated 09-12-2022 alongwith the copy of order dated 23-11-2022 in Interim Application No.19985 of 2022 in First Appeal No.859 of 2019, kept in R and P.
Original Writ be sent to Board Department for certifying to the Honourable High Court.
Matter already adjourned to 21/02/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Shri Sachin Chaudhari, advocate for plaintiff present.
Shri Suyash Bartake, advocate for defendant present.
Shri Bartake has tendered copy of order dated 18/01/2023 passed by Honourable High Court Bombay, in Interim Application No.19985 of 2022 in First Appeal No.859/2019 by which the ad-interim relief is extended till 15/03/2023, kept in R and P.
In view of the said order, by consent, matter adjourned to 29/03/2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Ms. Uma Sharma, advocate for plaintiff present.
Shri Himank Singh, advocate for defendant present.
Shri Singh states that Appeal filed in the Honourable High Court is now posted in the month of June and  seeks time to file the reply/objections to the draft of Sale Deed.
Ms.Sharma objects for granting adjournment.
However, in the interest of justice matter adjourned by way of last chance to 18/04/2023, for reply/objections to the draft of sale deed.
Next Purpose: REPLY
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Due to urgent administrative work, board discharged and matter adjourned to 02/05/2023.
Next Purpose: REPLY
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Shri Aman Arora, Advocate for defendant present.
None for Plaintiff.
Shri Arora has tendered affidavit/objections of Mr. Natvarlal Patel to the draft Sale Deed t.o.r and marked as Exh.C.
Advocate for defendant is instructed to serve the copy of affidavit/objections upon the plaintiff/ advocate for plaintiff.
In view of the objections to the Draft Sale Deed, considering the provisions of section 8(2)(c) of the Bombay City Civil Court Act, 1948, matter is hereby submitted to the Honourable Court, as per assignment on 19/06/2023.
Parties and advocates to appear before the court as may be assigned on 19/06/2023.
Office to take steps to assign the matter to Honourable Court.
LO
Shri Sachin Chaudhari advocate for plaintiff appeared and he has been informed about todays rozanama and next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv. Dharam Sharma for DH is present.
Adv. Aman Arora for JD is present.
The JD has supplied copy of reply to the DH. Hence, the matter is adjourned for hearing.
Matter adjd to 03.07.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Dharam for DH is present.
Adv. Aman Arora for JD is present.
The Ld. Adv. for JD has filed copy of order passed by Honble Supreme Court in Special Leave Petition No.9055/2023, thereby the Honble Supreme Court directed the Honble High Court to dispose off the appeal expeditiously. The Ld. Adv. for JD has also filed the order dated 20.06.2023 passed by Honble High Court in First Appeal No.859/2019, thereby seems that the matter ask to be listed in the week commencing from 10.07.2023. Thus, in my view when the matter is expedite by the Honble Supreme Court and subjudice before the Honble High Court and there is possibility that it could be heard in the second week of July 2023. Therefore, this matter needs to be adjourned till last week of July 2023.
Matter adjd to 27.07.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Adv. Mr. Chaudhari for DH present.
Adv. Aman Arora for JD present.
In view of the facts that the matter before the Honble High Court bearing Appeal No. 859/19 is also listed today, hence, matter is adjourned.
Matter adjd to  31/08/2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: None for DH.
Adv. Suyash Bartake i/b Desai and Diwnji for respondent/JD present.
It is submitted that first appeal is posted for hearing before the Hon’ble HC today. Hence considering the submission matter is adjourned.
Matter adjd to 31.10.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: None for DH is present.
Adv. Aman Arora for JD is  present.
The Ld. Advocate for JD has filed a copy of Judgment dated 13-09-2023 passed by the Hobble High Court in First Appeal No. 859/2019 TOR.
Matter adjd to 14-12-2023 for taking steps for DH.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Uma Sharma h/f Dharam and co. for DH is present.
Adv. Suyash Baratake i/b Desai and Diwanji for JD is present.
Matter adjd to 16.02.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: CORAM - HIS HONOUR JUDGE SHRI A.P. KANADE (C.R.NO.2)
Matter pertains to C.R.No.1.
NOB TOB
Honble Supreme Court letter received from Board Department on 18.12.2023 ( In. No. 15105/23 dated 14.12.2023) in Petition for Special Leave to Appeal (Civil) No.24121/2023. Honble Supreme Court Justice Mr. J. K. Maheshwari and Honble Supreme Court Justice Mr. K. V. Viswanathan has passed following order on 06.11.2023.
ORDER
Issue notice, returnable in six weeks.
Until further orders, status quo with respect to the suit flat with the underlying land shall be maintained by the parties.
During hearing, considering the controversy as involved the parties have agreed to mediate the issues and to arrive at an amicable settlement, if possible. Considering the said, we request Honble Mr. Justice S.J. Vazifdar, former Chief Justice of the High Court of Punjab and Haryana, to mediate the issues and submit a report.
The Mediator is at liberty to fix his own terms with respect to fees. The fees shall be borne by both parties equally.
Registry to inform Honble Mr. Justice S.J. Vazifdar, former Chief Justice of the High Court of Punjab and Haryana, along with a copy of this case.
Parties shall appear as per the convenience of the Honble Mediator.
List the matter after two months.
In case the mediation is successful, the parties are at liberty to make a mention before this Court for preponement of date.
Matter already adjd to 16.02.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: CORAM  HIS HONOUR I/C JUDGE SHRI A. P. KANADE (C.R.NO.2)
Matter pertains to CR. No. 1
Not on board taken on board
Honble Supreme Court letter received from Board Department on 10.01.2024 ( In. No. 409 dated 06.01.2024) in Supreme Court Petition for Special Leave to Appeal (Civil) No. 24121 of 2023 in Ex. Apln. No. 220/2019 in Suit No. 7566/2003. Honble Supreme Court Justice J. K. Maheshwari and Honble Justice K. V. Viswanathan has passed following order.
ORDER
     Parties shall appear as per the convenience of the Honble Mediator.
          List the matter after two months.
       In case the mediation is successful, the parties are at liberty to make a mention before this Court for preponement of date.
Matter already adjourned to 16.02.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Adv. Suraj Bartake h/f Desai and Diwanji for DH present and made statement that settlement talks are in progress. Statement is recorded.
None present for JD.
Matter adjd to 10.05.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: Adv. Uma Sharma for DH is present.
Adv. Suyash Bartake i/b Desai and Diwanji for JD is present.
Both made statement that settlement talks are in progress and seek time. O- Time granted.
Matter adjd to 05.07.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: None present for DH.
Adv. Suyash Bartake i/b Desai and Diwanji for JD is present and made statement that settlement talks in progress and seek time. O- Time granted.
Matter adjd to 08.08.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: None present for DH.
Adv. Aabha Gokhale for JD is present and seek time on the ground that settlement talks are in progress. O- Time granted.
Matter adjd to 04.09.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Aabha Gokhale for plaintiff / D.H is present and seek time for settlement. Time granted as a last chance.
None for defendant / J.D
Matter adjd to 10/10/2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Not on board taken on board by praecipe Exh. D
Adv. Uma Sharma i/b Dharma and Co. for DH is present and made statement that decree is satisfied and do not want to proceed further. Statement is recorded.
Adv. Aabha Gokhale for JD is present.
In view of statement made on behalf of DH execution application is disposed off in its full satisfaction with no order as to costs.
Nature Of Disposal: ALLOWED
Disposal Date: 01-10-2024

Main Case No: SUIT/0107566/2003
Main Cnr: MHCC010062292003
Main Filing No: 111447

Registration Number: 100220/2019
Transfer Date: 03-05-2023
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 106404/2019
Filing Date: 25-06-2019
First Hearing Date: 09th July 2019
Decision Date: 01st October 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE