Date: 16-09-2019
Business: Matter called out(11.43am)
Adv.Gajanan Mhatre for plaintiff present.
Adv.Deepa Darshan Parab for defendant present.
Plaintiff seeking time to file service affidavit. Time granted by way of last chance.
Matter adj for filing service report on 17/10/19.
Next Purpose: SERVICE
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Matter called out(12.38pm)
Exh-1 Plaint
Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents.
Adv.G.V.Mhatre for plaintiff present.
Adv.Deepa Darshan Parab for defendant no.1 present.
Exh-5 Adv.Gurudas Takke vakalatnama for defendant no.2 to 5.T.O.R
Exh-6 Defendant no.2 to 5 filed written statement. T.O.R
Copy serve to other side.
Plaintiff advocate submitted that till date he has not received writ of summons. It appears from the record defendant no.1 has appeared on 16/09/2019. In my view the def.no.1 having knowledge and notice of the present suit. Till date def.no.1 failed to file written statement.
Adv.Deepa Parab requested for time to file written statement. Time granted.
Matter is adj to 23/11/19 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv G.V. Mhatre for plaintiff present.
Adv for Defendant no.1 absent.
Adv Gurudas Takke for defts. no.2 to 5 present.
Plaintiff tendered affidavit of service along with the envelope and acknowledgement. Defendant no.1 although though serve but fail to file written statement filed w.s. On 17/10/2019 this court granted time to file written statement by defendant no.1. Today none appear for Defendant no.1, hence suit to proceed without written statement of the Defendant no.1.
Matter adjd for issues to 18/01/2020.
Later on.
Adv Nandkishore for Defendant.
Matter already adjd for issues to 18/01/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Matter is called out at 12.28pm
Adv.Gajanan Mhatre for plaintiff present.
Adv.Deepa Darshan Parab for defendant present.
At the request of plaintiff.
Matter is adj to 04/04/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FRAMING ISSUES
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: FRAMING ISSUES
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: FRAMING ISSUES
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 07-11-2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2020
Date: 07-11-2020
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.
Adjd to 11.02.2021 for framing issues .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Mhatre for plaintiff present.
None for defendants.
Court busy in dictating order in suit no. 4901/12 and and 6518/03.
Adjd to 26.03.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 63/2021 dtd. 25.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to Standard Operating Procedure (SOP) laid down by Hon\''ble Bombay High Court vide letter No. Insp-I/25/2021 dtd. 24.03.2021 read with circular dtd. 23.02.2021 in the wake of sudden surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
Adjd to 09.07.2021 for hearing on the point of judgment on admission.
Next Purpose: HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: At 11.01 am
Adv. G. V. Mhatre for plaintiff present.
None for defendant.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for hearing to 27/08/2021
Next Purpose: HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: At 11.04 am
Plaintiff present and filed draft issues. t.o.r.
The roznama dt. 26.03.2021 shows that the suit is fixed for hearing on the point of judgment on admission.
Parties to argue.
Adjd for arguments to 01/10/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. for plaintiff present.
None for defendant.
Adjd to.09.11.2021 for arguments.
L. O at 1.30 pm
Adv. N. S. parabkar for deft No. 1 present.
Adv. Santosh jadhav h/f Adv. Takke for defendants present.
Adjd to 09.11.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Mr. G.V. Mhatre For plaintiff present.
Kb L. O at 12.22 pm
Adv. Mhatre for plaintiff present.
Adv. For defendant No. 1 present.
Adv. For defendants present and seeking adjournment.
Granted as last chance.
Adjd for arguments to 01/12/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Dt.01/12/2021
Suit 2361/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 11.08 AM
Adv. G. V. Mhatre for plaintiff is present and stated that defendant no.5 expired on 17/11/2021. He further stated that he has to bring on record the legal heirs of deceased defendant.
Adjd for arguments to 25/01/2022.
LO
Adv. Dilip Duri for defendant no.1 is present.
Adv. Gurudass Takhe I/b Sayali Borkar for defendant Nos. 2,3,4 and 5 is present.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. G. V. Mhatre For plaintiff present.
Adv. Sayali Borkar For defendant no. 2 to 5 present.
Adv. For plaintiff tendered draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adv. For defendant no. 2 to 5 has no objection to bring on record the legal heirs of deceased defendant No. 5.
ORDER passed below draft chamber summons in suit no. 2361/19
The plaintiff has filed the chamber summons to bring on record the legal heirs of deceased defendant No.5 expired on 17.11.2021. The chamber summons is supported by affidavit of Rajendra Dhuri. The xerox copy of death certificate is annexed to the affidavit. Adv. For defendant stated that they have no objection for allowing the chamber summons. The suit is filed for partition and separate possession of the suit property. Defendant No. 5 is one of the legal heir of Anant Krishnaji Dhuri who was absolute owner of the suit property. The legal heirs of deceased defendant No. 5 are necessary party to the suit. Hence pass following order
ORDER
1. The Chamber Summons is allowed.
2. Prayer (a) of the chamber summons is made absolute.
3. Plaintiff to carryout amendment as per schedule annexed to chamber summons within limitation.
4. Accordingly, chamber summons is disposed of.
5. The chamber summons be registered for statistical purpose.
Adjd for compliance to 03/03/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. G. V. Mhatre for plaintiff present.
Adv. Sayli Borkar h/f Adv. Gurudas Takke for defendants present.
Chamber summons No. 136/22 is already disposed of on 25.01.2022
Matter is adjd for 08/06/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. G. V. Mhatre for plaintiff present.
None for defendant
Plaintiff is directed to issue wirt of summons to defendants no. 5a,5b,5c.
Matter is adjd.to 19-07-2022 for service of writ of
summons upon deft. no. 5a,5b,5c.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. J. V. Mhatre for plaintiff present and filed affidavit of
service with seven acknowledgement t.o.r. marked as
Exh.8
Adv. Sayali Borkar for defendants no. 2,3 and 4 present.
Adv. J. V. Mhatre for plaintiff submitted that matter is likely to be settled between the parties.
Matter is adjd.to 12-08-2022 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. G. V. Mhatre for plaintiff present.
Adv. Sayli Borker for defendants no. 2to 4 and 5a to 5c a/w deft no. 5c present and filed vakalatnama for defts no. 5a to 5c t.o.r. marked as Exh.9
She also filed pursis adopting written statement filed by original deft. no. 5 Jayashree t.o.r. marked as Exh.10
Matter is adjd.to 08-10-2022 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Adv. G. V. Mhatre alongwith plaintiff present.
None for defendant no.1.
Adv. G. V. Takke for defendants no.2 to 5(c) present.
Matter is adjd.to 03-11-2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: CORAM-H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
Adv. Gajanan V. Mhatre alongwith plaintiff present and filed evidence affidavit of PW-1 Rajendra t.o.r. marked as Exh. 11.
None for defendant.
Matter is adjd.to 24-11-2022 for evidence of PW-1 on Exh.11 and production of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Gajanand V. Mhatre a/w plaintiff present.
None for defendants no. 1 to 5c.
Matter is adjd.to 13-01-2023 for evidence of pw- 1 Rajendra on Exh. 11 and production of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Gajanand Mhatre for plaintiff present and filed list of documents t.o.r. marked as Exh.12
Adv. Gurudas Takke for defendants no. 2 to 5 present and received Exh. 12
None for defendant no. 1
Matter is adjd.to 21-02-2023 for say on documents and evidence of PW - 1 Rajendra on Exh. 11
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. Sanjay Ranjane h/f Adv. Gajanand Mhatre for plaintiffs a/w plaintiff no. 1 present.
Adv.Tanu Singh h/f Adv. Gurudas Takke for defendants no. 2 to 5 present and filed say on documents t.o.r. marked as Exh.13
Adv. Sanjay Ranjane for plaintiff received copy of Exh. 13
None for defendant no. 1
Matter is adjd.to 23-03-2023 for hrg on exhibition of documents and evidence of PW - 1 Rajendra on Exh. 11
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Gajanand Mhatre for plaintiff present.
Adv. Tanu Singh h/f Adv. Gurudas Takke for defendants no. 2 to 5 present and prayed for adjournment due to non availability of Adv. Gurudas Takke - allowed
None for defendant no. 1
Matter is adjd.to 24-04-2023 for Hrg on exhibition of documents and evidence of PW - 1 Rajendra on Exh. 11
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: None for plaintiff.
Adv. Gurudas Takke for defendant no. 2 to 5 present.
None for defendant no. 1
lo 11.40 am
Adv. Sanjay Ranjane for plaintiff present.
Matter is adjd.to 22-06-2023 for hrg on exhibition of documents and evidence of PW - 1 Rajendra on Exh.11
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave, matter adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. Gajanan Mhatre for plaintiff present.
Adv. G. V. Takke for defendant no 2 to 5 present.
None for defendant no.1
Heard advocate for the plaintiff and defendant no.2 to 5 on Exh.12.
Order below Exh.12
The Documents filed at Sr. no.1 to 4 are original death certificate be exhibited as Exh14 to 17.
The documents filed at Sr. no.5 is family tree, not disputed by the parties hence be exhibited as Exh.18.
The documents filed at Sr. No.6 and 7 are the original pass books hence they exhibited as 19 and 20.
The documents at Sr. no. 8 and 9 is the notice send by plaintiff to defendant no.1 and its reply, hence be exhibited as 21 and 22.
Matter adjourned for cross examination of the plaintiff to 22-08-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Adv. Gajanan Mhatre for plaintiff present.
Plaintiff present.
Adv. K. D. Juvekar appeared for defendant no. 1 present and filed V/p. TOR and marked as Exh. 23 and seek time for R/E of PW-1. Time granted till next date.
Defendant no. 1 present.
Parties are made statement there is possibility in between the parties, hence matter is kept for Lok-adalat.
Matter adjourned for Lok-adalat to 09/09/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: Plaintiff and defendant is present.
Matter is not settled.
Case is adjourned to 10/11/2023.
Next Purpose: FOR___________________
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Adv. Gajanan Mhatre for plaintiff present.
Adv. Juvekar for defendant no. 1 present and filed an application for adjournment for filing WS along with delay condonation application. TOR, and marked as Exh. 24. The advocate for plaintiff submitted that matter is kept for R/E of PW-1, hence strong objection for adjournment. O-Adjournment granted as last chance.
Matter adjourned to 18/12/2023 for R/E of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Adv. Gajanan Mhatre For plaintiff present.
Adv. Juvekar for defendant no.1 present.
Adv. Tambe For defendant 2 to 5 present.
Adv. For defendant no.3 is going to file draft notice of motion hence prayed for adjournment.
Adj.Granted as last chance.
Matter adjourned to dtd: 30.01.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Adv. Gajanan Mhatre for plaintiff present.
Adv. Juvekar for defendant no. 1 present and submitted that due to over site, defendant could not register notice of motion. Thus leave is granted to register notice of motion. At the same time defendant no. 1 is directed to get the register n/m today itself and served copy on other side.
KB.
L. O. at 3.30 PM.
The advocate for defendant no. 1 present and filed register notice of motion no. 416 of 2024. TOR.
The advocate for plaintiff filed affidavit in reply to above notice of motion. Copy served on other side.
The advocate for plaintiff also wants to file additional reply to N/m. So adjournment granted.
Matter adjourned for NM reply to 16/03/2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Adv. J. V. Mhatre for plaintiff present.
Adv. Juvekar for defendant no. 1 present.
Heard both sides on NM no. 416 of 2024.
Matter adjourned for NM order to 30/03/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv. J. V. Mhatre for plaintiff present.
Plaintiff in person present.
Adv. Jevekar for defendant no. 1 present.
Defendant no. 1 in person present.
Matter adjourned for NM order to 16/04/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv. Gajanan Mhatre for plaintiff present.
Plaintiff in person present.
Defendant no. 1 in person present, his advocate absent.
Defendant no. 1 in person seeks time for NM hearing. Time granted till next date as last chance.
Matter adjourned for NM hearing to 23/07/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: Adv. Gajanan Mhatre for plaintiff present.
Adv. Juvekar for defendant no. 1 present. KB. argument
L. O. at 4.00 PM
Same appearance
Heard both sides on notice of motion. During the course of argument this court found element of settlement. Hence after considerable discussion in open court both parties present asked to the court to keep the matter back.
Kept back.
Later on at 5.15 PM.
The plaintiff no. 1 and defendant no. 1 filed consent terms at Exhibit 25. Both along with their advocate have singed pursis Exhibit 25. They admit its contents. Accordingly consent terms at Exhibit 25 are taken on record. Both of them admit that all parties to the suit are legal heirs of Late Anant Krishanaji Dhuri and Kashibai Anant Dhuri. Both of them also agreed to be bound by the consent terms. The plaintiff no. 1 and defendant no. 1 mutualy agree to perform the terms of compromise at Exhibit 25 within 6 month. In view of consent terms Exhibit 25 decree may be passed however rest of the parties to the suit are absent. Both parties present agree to keep rest of the parties present on next date and file consent terms or affidavit admitting consent terms or in consoance of consent terms at Exhibit 25.
Matter adjourned for settlement to 03/08/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Date: 07-08-2024
Business: Due to clerical mistake in the name of one Anant and mistake in word sign, the matter is taken on board. Consequently correction is made out in original roznama dated 03.08.2024 which is uploaded herein below with correction.
(Roznama dated 03.08.2024)
Adv. Gajanan Mhatre For plaintiff present.
Adv. Juvekar for defendant no. 1 present.
Plaintiff and defendant in person present.
Both parties and their advocate are present and filed consent terms at Exhibit-26. All of them admit its contents and they have singed thereupon voluntarily. They also admit that they are heirs of late Shri. Anant Krishnaji Dhuri and Late Smt. Kashibai Anant Dhuri. Both parties admit that all of them will sale the suit property within six month as per consent terms exhibit-25. They also state that plaintiffs, defendant no. 2 to 5 will have equal share over the sale proceeds. Plaintiffs, defendant no. 2 to 4 and heirs of defendant no. 5, who are arrayed as defendant no. 5(a) to (c) also admit that defendant no. 5a to 5c will succeed and entitled to share of defendant no. 5. Plaintiffs, defendant no. 2 to 4 and defendant no. 5(a) to (c) also admit that vide this consent terms they are bound to pay Rs. 45,00,000/- to the defendant no. 1 against his share and interest over the suit property after it is sold.
Accordingly consent terms at Exhibit-26 are taken on record. The decree be drawn up in terms of consent term Exhibit-26. Court fees be refunded as per rules. As both parties have filed consent terms and at the request of both parties aforesaid observation are made. Therefore it is necessary to obtain the signature of each party below this order. Therefore all parties are directed to sign herein below. Accordingly suit no. 2361 of 2019 stands disposed of.
In view of disposal of the suit Notice of motion 416/2024 stands disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 07-08-2024
Date: 07-08-2024
Business: Due to clerical mistake in the name of one Anant and mistake in word sign, the matter is taken on board. Consequently correction is made out in original roznama dated 03.08.2024 which is uploaded herein below with correction.
(Roznama dated 03.08.2024)
Adv. Gajanan Mhatre For plaintiff present.
Adv. Juvekar for defendant no. 1 present.
Plaintiff and defendant in person present.
Both parties and their advocate are present and filed consent terms at Exhibit-26. All of them admit its contents and they have singed thereupon voluntarily. They also admit that they are heirs of late Shri. Anant Krishnaji Dhuri and Late Smt. Kashibai Anant Dhuri. Both parties admit that all of them will sale the suit property within six month as per consent terms exhibit-25. They also state that plaintiffs, defendant no. 2 to 5 will have equal share over the sale proceeds. Plaintiffs, defendant no. 2 to 4 and heirs of defendant no. 5, who are arrayed as defendant no. 5(a) to (c) also admit that defendant no. 5a to 5c will succeed and entitled to share of defendant no. 5. Plaintiffs, defendant no. 2 to 4 and defendant no. 5(a) to (c) also admit that vide this consent terms they are bound to pay Rs. 45,00,000/- to the defendant no. 1 against his share and interest over the suit property after it is sold.
Accordingly consent terms at Exhibit-26 are taken on record. The decree be drawn up in terms of consent term Exhibit-26. Court fees be refunded as per rules. As both parties have filed consent terms and at the request of both parties aforesaid observation are made. Therefore it is necessary to obtain the signature of each party below this order. Therefore all parties are directed to sign herein below. Accordingly suit no. 2361 of 2019 stands disposed of.
In view of disposal of the suit Notice of motion 416/2024 stands disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 07-08-2024
