Suryakant Ramlal LokhandeVsSmt. Bharti Ramlal Lokhande

Date: 09-09-2019
Business: Matter called out(4.37pm)
Adv. Prabhakar Jadhav for defendant present.
Defendant tender original copy of N.M. 2458/2019 taken on record. Def to serve the copy to the other side.
Matter adj for service on 21.10.2019
Next Purpose: SERVICE
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: Due to election holiday board discharge.
Matter is adj to 16/01/20 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Matter is called out at 2.57pm
Adv.O.R.Tiwari for plaintiff present.
None present for the defendant.
Defendant to supply copy of N/M to the plaintiff.
Matter is adj to 09/03/2020 for service.
Later on at 4.53pm
Adv.Meenal S. Waksay h/f Prabhakar Jadhav for defendant present.
Next Purpose: SERVICE
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Matter is called out at 2.59pm
Adv.Sanjay Kumar Shrivastava h/f Adv. O.R.Tiwari for plaintiff present.
Adv.Bharti Lakhane h/f Prabhakar Jadhav for defendant present.
Defendant is directed to supply affidavit in support of N/M No.2458/19.
Matter is adj to 13/04/2020 for N/M reply and N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020

Date: 07-09-2020
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.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2020

Date: 29-10-2020
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  12.01.2021 for N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Adv. Gajanan Shinde h/f Adv. Prabhakar Jadhav for defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 02.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: None for plaintiff.
Adv. Gajanan Shinde for defendant present.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
Adjd to 08.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
Adjd. to 08.07.2021 for  NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 26/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None present for both parties.
Adjd for NM reply to 10/11/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: At 3.30 pm
None present for both parties.
Roznama shows that defendant did not serve the copy of affidavit in support of NM to the plaintiff. The defendant is directed to comply before next date and file affidavit of service failing which NM will be disposed of.
Adjd for affidavit of service to 06/01/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Prabhakar Jadhav For defendant present.
Affidavit of service filed by adv. For defendant. T.O.R.
None for plaintiff.
Adv. For deft stated that the plaintiffs are served on 09.09.2019 but they have not filed reply till date.
On perusal of record the plaintiffs are not appearing after 02.10.2020. The appearance of plaintiff is lastly noted in roznama dt. 09.03.2020.
The said roznama also reflects that deft was directed to supply copy of affidavit in support of notice of motion.
Defendant to comply the direction passed in roznama dt. 09.03.2020.
Adjd for compliance/affidavit of service to 10/03/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
None present for plaintiff.
Adv Prabhakar Jadhav for defendant present and filed affidavit of service. Copy served to other side.
Matter is adjd for NM hearing to. 16-06-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: None for plaintiff.
Adv. Prabhakar Jadhav for defendant/applicant present.
On perusal of record, it appears that the plaintiff failed to file reply in NM No.  2458/19  even after service effected as per two affidavits of service filed by the defendant. Hence, heard Adv. Prabhakar Jadhav in NM No.  2458/19 without reply of the plaintiff.
Considering ground of the serious ailment of the defendant\''s daughter with cancer residing at Pune and the defendant was busy in attending her, ex parte order dtd. 20-07-2017 is liable to be set aside by condoning delay in filing written statement. Case of the defendant falls in the category of exceptional circumstances. Hence, NM No. 2458/19 is made absolute in terms of prayer clause (a) and (b).
Written statement filed by defendant with Notice of motion is marked as Exh.5.
Proceedings of NM No.  2458/19 is closed.
Matter is adjd.to 21-07-2022 for issues.
Nature Of Disposal: OTHER
Disposal Date: 16-06-2022

Main Case No: SUIT/0102569/2016
Main Cnr: MHCC010105272016
Main Filing No: 111447

Registration Number: 102458/2019
Transfer Date: 09-09-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 102458/2019
Transfer Date: 17-08-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102458/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 107107/2019
Filing Date: 04-07-2019
First Hearing Date: 09th September 2019
Decision Date: 16th June 2022
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE