Date: 23-07-2019
Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to 03/10/2019.
Advocate Mr. Abhishek Samant for Plaintiff present
Advocate Priya Waghmare for Defendant no.1 present
Advocate Sanjay Khale for Defendant no.2 present and filed registered Notice of Motion no.2385/2019 with affidavit in support, t.o.r.
Next Purpose: SERVICE
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: PO is on leave.
Next Purpose: SERVICE
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 02-12-2019
Date: 14-11-2019
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Jay Shah for plaintiff present and tendered draft Chamber Summons with affidavit in support.
Order . Leave is granted to register the Chamber Summons .
Adv. U. L. Shah for defendant no. 1 present. And tendered draft N/M with affidavit in support.
Order . Leave is granted to register the N/M.
Adv. Sanjay Khale for defendant no. 2 present.
Case is adjourned to 28.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020
Date: 02-12-2019
Business: Adv. Jay Shah for plaintiff present and tendered draft Chamber Summons with affidavit in support.
Order . Leave is granted to register the Chamber Summons .
Adv. U. L. Shah for defendant no. 1 present. And tendered draft N/M with affidavit in support.
Order - Leave is granted to register the N/M.
Adv. Sanjay Khale for defendant no. 2 present.
Case is adjourned to 28.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020
Date: 02-12-2019
Business: Adv. Jay Shah for plaintiff present and tendered draft Chamber Summons with affidavit in support.
Order . Leave is granted to register the Chamber Summons .
Adv. U. L. Shah for defendant no. 1 present. And tendered draft N/M with affidavit in support.
Order - Leave is granted to register the N/M.
Adv. Sanjay Khale for defendant no. 2 present.
Case is adjourned to 28.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present for Plaintiff.
Advocate Mr. Sanjay Kale for defendant no.2 present.
Advocate Mr. U. L. Shah for defendant no.1 present.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 24/06/2020.
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: Adjd. to 23.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rainfall, and Covid-19 it seems that parties not turned to the court, hence adjourned
Next Purpose: SERVICE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None present for Plaintiffs.
Advocate Mr. U. L. Shah for Defendant no.1 present.
Advocate Mr. S. P. Khale for Defendant no.2 present.
It seems that due to Corona pandemic, Plaintiff and his advocate are absent, hence case is adjourned to 27/01/2021 for filing Notice of Motion reply by Plaintiff to the Notice of Motion taken out by Defendant no.1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present for plff.
Adv Ms. Pooja Adsul for deft. No.1 present.
Adv Mr. Sanjay Khale for deft No.2 present.
None present for applicant in CS 167/2020.
As nobody is present for plaintiff, considering present pandemic condition matter is adjd. for NM reply and hearing to 05.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Plffs. Ashok and Shrikant are present with their ld. Adv.Ms. Sable h/f Adv Mr. Abhishek Samant Tukaram Sonawane
Deft No.Ramesh present with his Adv Mr. Shah .
Adv Mr. Sanjay Khale for deft No.2 present.
Advocate for the plffs seeks time to file reply to NM taken out by deft No.1. O- Granted till next date.
By consent, matter is adjd. for reply and hearing to 25.03.2021.
Next Purpose: REPLY
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv Smt.Suchitra Sable i/b. Abhishek Samant for plaintiff present and tendered registered CS No.167 of 2020 alongwith affidavit in support. She also filed reply in NM No.2385 of 2019 and 4704 of 2019. Copies served on the advocate for the other side.
Adv Shri U. L. Shah for deft No.1 present and submitted that he will file reply to CS on next date and he is ready for oral argument without reply today also if plaintiffs advocate is ready for argument.
None present for defendant Nos.2 and 3.
Plaintiffs to file affidavit of service of Chs. on defendant Nos.2 and 3.
Matter is adjd. for filing affidavit of service of Chs. to defendant Nos. 2 and 3 to 15.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: None present for plff.
Adv Mr. U.L. Shah for deft No.1 present and filed reply in Ch/s No.167/2020.
As nobody is present for the plff, considering present pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till next date.
Matter is adjd. for Ch/s and NM hearing to 17.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv Mr. Abhijit Samant for plff present.
Adv Mr. Shah for deft No.1 present and tendered registered NM No.4704/2019 along with affidavit in support. He also filed affidavit in reply and further affidavit in reply of deft No.1 in N.M. No.1904/2019.
Heard arguments of both the sides.
Adv Mr.Khale for deft No.2 present.
Matter is adjd. for order in Ch/s to 25.08.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021
Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Mr. U.L.Shah for deft No.1 present and mentioned the matter in the morning session. He submitted that argument in Ch/s No.167/2020 is already heard by this Court and he has already filed case laws in support of his argument.
Matter kept back for order in Ch/s No.167/2020.
L.O. at 3.45 p.m.
Adv Mr. Abhijit Samant for plff present.
None present for defts.
K.B. for order.
L.O.at 4.55 p.m.
Adv Mr. Abhijit Samant for plff present.
None present for defts.
F.R.S.R.following order is passed in Ch/s No.167/2020.
ORDER
Chamber Summons No.167 of 2020 is allowed in terms of its prayer clause ‘a’ and ‘b’.
Amendment as per the Schedule be carried out within two weeks from today.
----
Matter is adjd. for compliance to 06.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv Mr. Abhijit Sawant present for plff. and filed draft Ch/s along with affidavit in support for bringing on record his HLRs. O- Leave to register is granted with direction to serve the defts.
Adv Mr. Shah present for deft.No.2.
By consent, Matter is adjd. for Ch/s reply to 28.01.2022.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Clerk Rahul More of Adv. Abhishek Sawant for the plaintiff is present and tendered registered Chamber summons No.1807 of 2021 alongwith affidavit in support. He also filed affidavit of service of Chamber Summons.
None present for deft.
Adjourned for Chamber Summons reply to 06/04/2022.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv Mr. Mahendra Mare present for plff.
Adv Mr. U.L. Shah present for deft.1 and seeks time to file reply to Ch/s No.1807/2021.
None present for other defts.
By consent, matter is adjd. for Ch/s reply to 24.06.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court on leave
Next Purpose: C/S REPLY
Next Hearing Date: 28-07-2022
Date: 24-06-2022
Business: Court on leave
Next Purpose: C/S REPLY
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Abhishak Samant for plaintiffs present.
Adv. Pooja D. Asud for Def. no. 1 & 2 present.
no reply filed by the defendants in Ch/s. oral request of Def. No 1 & 2 rejected Ch/s. to proceed without reply heard the ld. Adv. for the plaintiff in ch/s. adjd to 06.09.2022 for Argument & order.
Next Purpose: C/S REPLY
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv.Abhishek Sawant for plaintiff present.
Adv.U.N.Shah for deft.No.1 present.
Adv.Sanjay Khare for deft.No.2 present.
Heard Deft.No.1 and 2 and plaintiff in Ch/s.1807/21.
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.1807/2021 is allowed in terms of prayer clause (a) of Chamber Summons.
2. The plaintiffs are allowed to carry out amendment in the plaint and add the name of legal heirs of plaintiff No.3 as per Schedule attached with Chamber Summons.
3. After compliance of carrying out the amendment, copy of amended plaint shall be served on the defendants.
4. Costs shall follow the event.
5. Chamber Summons is disposed of accordingly.
Matter adjd to 09.11.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv.Prashant Kambli for plaintiff present.
Adv.Pooja Adsul for deft.No.1 present.
Adv.Khare for deft.No.2 present.
Plaintiff served the amended copy of the plaint on defendant No.1 and 2 today.
Matter adj. to 24.01.2023 for service affidavit in respect of deft.No.3/additional written statement if any.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2023
Date: 09-11-2022
Business: Adv.Prashant Kambli for plaintiff present.
Adv.Pooja Adsul for deft.No.1 present.
Adv.Khare for deft.No.2 present.
Plaintiff served the amended copy of the plaint on defendant No.1 and 2 today.
Matter adj. to 24.01.2023 for service affidavit in respect of deft.No.3/additional written statement if any.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2023
Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2023
Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2023
Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv.Abhishek Sawant for plaintiff present.
Adv.U.L. Shah for defendant No.1 present.
Adv.Khare for defendant No.2 present.
Copy of additional WS Exh.6 is received by Adv. for the plaintiff.
The plaintiff wants to file application for amendment. He requested for time for the same.
KB
LO at 05.30 pm
F.R.S.R. the following order is passed.
ORDER
1.Notice of Motion No.2385/19 is allowed subject to costs of Rs.1,000/-.
2.Order dated 22.04.2019 directing the suit to proceed ex-parte against defendant No.2 is set aside.
3.Delay in filing written statement is condoned and defendant No.2 is allowed to file written statement.
4.Costs shall be paid to the plaintiff on or before next date.
5.Notice of Motion No.2385/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 01-03-2023