Mr. Anuj Hemant Gupta +4 moreVsSmt. Rajkumari Virendrakumar Mishra +20 more

Date: 06-10-2018
Business: Adv.Mr. Rajesh Yadav for the Plaintiff present.
Adv. for plff. seeks adjournment for producing proof of service of Writ of summons on next date.
Matter is adjd to 18.01.2019 for Affidavit of Service.
L.O.
Adv. Mr.Rajesh Yadav for Plff. present.
 Already filed Vakalatnama of Plff.
Adv. for Plff. files application for extending the time for service of writ of summons. T.O.R.  Application is allowed.
Matter already adjd. to 18.01.2019 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Adv.Rajesh Yadav for the Plaintiff present.
Adv. Ms. Vaishali Karya for deft nos. 14, 16 and 17 for Defendant present.
Adv. Ms. Banu Shah for deft nos. 11 to 13 present.
Vakalatnama tendered by deft no. 14. t.o.r. O-filed.
Vakalatnama tendered by deft nos. 16 and 17. t.o.r. O-filed
Written Statement tendered by deft no. 14. t.o.r. O-filed.
Vakalatnama tendered by deft no. 11 to 13. t.o.r. O-filed.
Written Statement tendered by deft nos. 11 and 13.t.o.r. O-filed.
Matter is adjd. to 25.03.2019 for proof of service of writ of summons of the deft
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: None present for plaintiff.
Adv. Shreedevi for deft. nos.  14,  16 and  17 present.
It appears that the plaintiff has not filed the proof of writ of summons, therefore it is difficult to ascertain when the writ of summons were served on the defendants, but the deft. nos. 11 to 13 and 14, 16 and 17 appeared in the matter on 18.1.2019.    They failed to file written statement.  Hence suit is proceeded without written statement against defendant nos. 11, 12, 13, 14, 16 and 17.
Adjourned for affidavit of service to 13.9.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Adv. Rajesh Yadav for plaintiff present.
None present for the defendants.
Affidavit of service filed by the plaintiff.
Put up for order and steps against other defendants.
Adjourned for order and steps against other defendants to 15.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: None present.
The plaintiff has filed affidavit of service.  On perusal of it, it appears that the defendant nos. 1 to 4, 7, 9, 11, 12, 13, 14, 16, 17, 19 and 21 were duly served.  The defendant nos. 11 to 14, 16 and 17 appeared through their advocates.  The defendant nos. 1 to 4, 7, 9, 19  and 21 were duly served.  The acknowledgment is filed on the record. Despite the service of writ of summons to these defendants, they failed to appear in the matter.  Hence suit is proceeded exparte against  defendant nos. 1 to 4, 7, 9, 19  and 21.   The sealed envelope with writ of summons in respect of defendant nos. 6 and 10 is returned. The postal endorsement on the envelope of service of defendant no. 6 discloses that the defendant no. 6 left the address.  There is no endorsement in respect of defendant no. 10.   Plaintiff to take steps to serve defendant nos.  5,  6, 8, 10, 15, 18 and 20.
Adjourned for taking steps in respect of defendant nos. 5,  6, 8, 10, 15, 18 and 20 to 16.1.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: None present for plaintiff.
Plaintiff has not taken steps to serve deft. nos.5, 6, 8, 10, 15, 18 and 20.  Adjourned as a last chance for taking steps to serve writ of summons to these defendants.
The matter is adjd for taking steps to 16.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None present.
Matter is for taking steps by the plaintiff to serve deft. no.5, 6, 8, 10, 15, 18 and 20.  Adjourned for taking steps.
The matter is adjd for steps to 10.06.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 19.12.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None present.
Since long, matter is pending for taking steps by the plaintiff to serve deft. nos.5, 6, 8, 10, 15, 18 and 20.
Plaintiff to take steps to serve these defendants.
The matter is adjd for steps to 17.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Yadav for plaintiff present.
None for deft.
Last chance is granted to the plaintiff to serve the writ of summons to deft. nos.5, 6, 8, 10, 15, 18 and 20.
The matter is adjd for affidavit of service to 07.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv.Mr.Vinay Yadav for plaintiff present.
None for defendant.
Adv. for plff. files affidavit of service.
The matter is adjd for appearance of defendant to 22.07.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv.Vinay Yadav for plaintiff is present.
None for defendant.
The suit is already proceeded against defendants no.1 to 4, 7,9 ,19 and 21 as per order dtd. 15.11.2019. Another affidavit of service is filed against  defendants no. 5,8,10,15,18 and 20.
None appeared on behalf of them, hence suit to proceed ex-parte against defendants no. 5,8,10,15,18 and 20.
Plaintiff to take steps for service of defendant no.6.
Matter adjd for service of defendant no.6 on 18.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Mr.Vinay Yadav for plaintiff present.
Advocate for plaintiff filed application, t.o.r. marked as Exh.9.
ORDER Below Exh.9.
Perused the application.  Heard.  It is submitted that defendant No.6 is at residing in the State of Gujrat. Considering the reasons mentioned in the application, permission is granted to serve the writ of summons upon defendant No.6 through RPAD upon payment of necessary charges to the borne by the plaintiff.  Application No. Exh.9 is allowed.
Matter is adjd for service on 04-08-2022
Next Purpose: SERVICE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Vinay Yadav for plaintiff is present.
The Ld. Adv.for plaintiff make a statement that the deft no.6 has expired in May 2022. Hence he want to take steps.
KB LO at 2.50 p.m.
Adv. Yadav for plaintiff is present and tendered draft CH/S a/w affidavit in support of CH/S. O- Leave granted to register.
Matter adjd to 16.09.2022 for service and CH/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Plaintiff is present.
Adv. Vinay Yadav for plaintiff is present and tendered original registered CH/S No. 1214/22 a/w affidavit in support of CH/S. T.O.R.
Defendant no. 2 is present.
Adv. Ankul Seth for defendants no. 3 and 4 is present and filed V/P for defendants no. 3 and 4 t.o.r marked as Exh.10.
He also filed V/P for respondents no. 6 to 8 in CH/S. T.O.R.
Matter adjd to  01.12.2022 for CH/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Vinay Yadav for plaintiff is present.
Adv. Punekar for proposed defendant nos. 2(a) to 2(c) is present and filed V/P t.o.r marked as Exh.11.
He also filed reply to CH/S No. 1214/22. T.O.R. Copy supplied to other side.
Adv. Mehek for defendant nos. 4 to 8 is present.
On oral request of Ld.Adv.for defendant nos. 4 to 8 matter adjourned for filing of reply to CH/S.
Matter adjd to 25.01.2023 for CH/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: None present for plaintiff.
Adv. Punekar for proposed defendants no. 2(a) to 2(c) is present.
Adv. Avinash Bailmare i/b Adv. Pooja Thorat for defendants no. 3 and 4 is present and filed pursis t.o.r marked at Exh.12, thereby adopted the reply filed by defendant no.3.
Matter adjd to 04.08.2023 for hearing on CH/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Adv. Rajesh Yadav for plaintiff present.
Adv. Punekar for proposed defendant No. 2(a) to 2(c) present and seeks adjournment.
On oral request of Ld. Adv. for proposed defendant, matter adjourned.
Matter adjd to 05/10/2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Adv. Vikas Pandey for plaintiff present.
Respondent no. 13 in chamber summons present.
Adv. Avinash Bailmore i/b Adv. Pooja Thorat  for defendant no. 3 to 6 present.
Heard both the sides on CS No. 1214/2022.
Order passed below Chamber Summons No. 1214 of 2022
The plaintiff has taken out present chamber summons for seeking an amendment in the plaint thereby wants to bring LR’s of deceased defendant no. 2,5 and 6 on record by setting aside abatement, if any.
Respondent No. 3 strongly opposed the chamber summons on the ground of delay and latches. It is submitted that no proper explanation or sufficient cause has been shown for causing delay. Therefore, chamber summons may kindly be rejected.
Herein, it is to be noted that the plaintiff has filed present suit for specific performance of contract, declaration and permanent injunction. It is submitted that during pendency of the suit, the defendant No. 2 expired on 03.03.2019. However, the plaintiff got information about the same vide letter dt. 13.04.2023 issued by the respondent No. 3.
It is further submitted that respondent No. 4 and 5 vide their letter dt. 18.05.2022 informed the plaintiffs about the death of defendant No. 5, who expired on 23.04.2021. Similarly, respondent No. 6 vide letter dt. 13.06.2022 informed the plaintiff that defendant no. 6 expired on 17.05.2022. Defendants 2,5 and 6 expired leaving behind proposed defendants as only their legal heirs and representatives.
The chamber summons is supported by respective letters issued by respondent No. 3 to 6 along with photocopy of death certificate of defendant No. 2,5 and 6. As the right to sue and to be sued survives in favour of proposed defendants, I am of the view that they being necessary parties needs to be brought on record. It neither changes nature of the suit not causes any prejudice to the defendants Hence, the following order :
ORDER
1. The Chamber Summons No. 1214/2022 stands allowed and made absolute in terms of prayer clause (a) and (b).
2. Plaintiffs to carryout amendment within 14 days from the date of order.
3. Upon amendment, plaintiffs to file copy of amended plaint on record and supply it to the defendants.
4. Plaintiffs directed to issue writ of summons to newly added defendants.
5. Accordingly, the Chamber Summons stands disposed off.
Matter adjourned for compliance to 19/10/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: P. O is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: None present for plaintiff.
Adv. Avinash for defendant no. 3 is present.
Defendant no. 2c in person is present and submits that he want to engage advocate and filed Vakalatnama on next date.
Matter adjd to 08.02.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: Adv. Bipin Kumar for plaintiff is present and filed copy of amended plaint. TOR and marked as Exh. 1A. Copy served on defendant no. 2a to 2c.
Plaintiff also filed application Exh. 13. TOR.
Issue writ of summons in terms of prayer (a) of application Exh. 13. Copy be served on other defendant.
Adv. Punekar for defendant no. 2a to 2c is present.
Matter adjd to 07.03.2024 for WS and service on the request of both advocates .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv. Bipin Kumar h/f Rajesh Yadav for plaintiff is present.
Adv. Kiran Singh h/f Pooja Thorat for defendant is present.
Adv. Punekar for defendant no. 2a to 2c is present and filed written statement Exh. 14. TOR. Copy served on other side.
The Ld. Adv. for plaintiff filed application Exh. 15 for service on defendants. Issue writ of summons as prayed.
Matter adjd to 06.05.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: None present for plaintiff.
Defendant no.2c in person is present.
Adv. Kiran Singh for defendant no.3, 4, 5a, 5b, 6a to 6c is present and filed pursis Exh.16 for adopting written statement filed on behalf of defendant no.2c. TOR.
Matter adjd to 22.07.2024 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Adv. Prafull Pawar i/b Adv. Rajesh Yadav for plaintiff is present.
Defendant no.2c in person present.
Matter adjd to 06.09.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2024

Date: 06-09-2024
Business: Adv. Rajesh Yadav for plaintiff is present.
Defendant no.2c present.
The Adv. for plaintiff undertake to supply documents filed along with plaint on defendant no.2c.
Matter adjd to 13.11.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: None present for plaintiff.
Defendant no.2c present and seek time. O- Time granted.
Matter adjd to 14.02.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: None present for plaintiff.
Adv. Punekar for defendant nos.2a to 2c is present and tendered draft issues.
Matter adjd to 02.05.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: None present for plaintiff and defendant.
Matter adjd to 21.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: None present for plaintiff.
Adv. Devesha Suralkar h/f Thorat for defendant is present.
Matter adjd to 14.10.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: None present for plaintiff.
Adv. D. B. Suralkar i/b Thorat for defendant is present.
Heard Adv. for defendant.
Issues are framed at Exh.17
Matter adjd to 20.01.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: Adv. Mukesh Yadav h/f Adv. Rajesh Yadav for plaintiff is present and seeks time to file evidence of the plaintiff.
None for defendant.
Matter adjourned for  evidence of the plaintiff on 21.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: The Presiding Officer is on official Training.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: CORAM- H.H.J.Ad HOC SHRI. S.K.FOKMARE (CR NO.64).
Adv. Saurabh Tiwari h/f Adv. Rajesh Yadav for plaintiff present.
Adv. A.U. Bobade for defendant No.2(a) to (c)present.
Other defendants are absent.
Matter is old one. Plaintiff to expedite the same.
Matter is adjd. to 27.10.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2026

CHAMBER SUMMONS/101214/2022

Registration Number: 102478/2018
Transfer Date: 18-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 64 - COURT 64 AD-HOC ADDL SESSIONS JUDGE

Filing Number: 107309/2018
Filing Date: 04-06-2018
First Hearing Date: 06th October 2018
Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE