Date: 20-08-2019
Business: Adv. Vardhma for plaintiff present and tendered original NM no. 2493/19 and 2491/19. Copy served to other side.
Defendant present and seeks time to file reply to NM no. 2493/19 and 2491/19. Time granted.
Matter stands Adj for reply to NM no. 2493/19 and 2491/19 to 11.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: P. O. have went to attend Judicial conference to Nashik. Hence, Board is discharged.
Matter stands Adj for Reply to 04.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Plaintiff present.
Adv. Vardhman for plaintiff present.
Defendant present
Adv. Bhambir for defendant present and filed reply to NM no. 2493/19 and 2491/19. Copy served on other side.
Matter stands Adj for NM hearing to 20.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Rajat for plaintiff present and she undertakes to file VP.
Defendant present.
Adv. Bhambid for defendant present.
Matter stands Adj for hearing on NM to 17.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for hearing on NM to 23.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 27.01.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present.
The case is adjourned to 10.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Court is on leave. Hence Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Matter called out at 03.39 p.m.
None present.
Matter stands adjourned to 05.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Shashikala Rajale for plaintiff present.
As court is busy in hearing final argument in SU No.3002/04. Hence,
matter stands adjourned to 03.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Matter called out at 3.16 p.m.
None present for plaintiff.
Defendant in person preset. His advocate absent.
Matter stands adjourned to 21.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Matter called out at 2.59 p.m.
Adv. Shashikala Rajak for plaintiff present. She is seeking time to file rejoinder. Time granted.
Defendant in person present.
Advocate for defendant is also not present.
Matter stands adjourned to 26.04.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. B.A. Vardhamane for plaintiff present.
Adv. K. B. Bhambid for defendant present.
Matter stands adjourned to 04.07.2022 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Plaintiff in person present.
Adv. K. B. Bhambid for defendant present.
Kept back.
Later on mentioned at 4.35 p.m.
Plaintiff a/w Adv. Shashikala Rajak present. She is seeking time to file rejoinder. Time granted.
Matter stands adjourned to 17.08.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: None present for plaintiff.
Adv. A. Bambid for defendant present.
Matter stands adjourned to 02.11.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Shashikala Rajat for plaintiff present. She is seeking time. Time granted.
Defendant in person present.
Matter stands adjourned to 11.01.2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Court is on Leave.
Next Purpose: REJOINDER
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: None present for plaintiff.
Adv. Bambid for defendant present.
Put up for hearing on NM.
Matter stands adjourned on 19.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Plaintiff a/w Adv. Shashikala Rajjat present.
Adv. K. B. Bhambid for defendant present. He is seeking time. Time granted.
Matter stands adjourned on 03.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Adv B. A. Vardhman for Plaintiff present and seeks time for to argue on both motions. O- Time granted.
Adv K. B. Bhambid for defendant present.
Matter stands adjourned on 01-09-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2023
Date: 01-09-2023
Business: Both parties and advocates are absent.
Matter stands adjourned on 09-11-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: Advocate Bhushan for Plaintiff present.
Advocate Bambid for defendant present.
Matter stands adjourned on 28-02-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Plaintiff is present and seeks time. Last chance is granted.
Advocate Bambid for defendant present.
Matter stands adjourned on 22-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Adv. Bhushan for Plaintiff present.
Adv. Bhambid for defendant present.
Heard both sides.
Order below Notice of Motion No. 2491 of 2019.
Perused the NM, affidavit in support, affidavit in reply. Heard both parties. It is seen that on 03.05.2019, the plaintiff in person was present and her adv was absent. The matter was kept back on her request for filing evidence but her Adv. did not appear and evidence was not filed on record. Due to which the evidence of plaintiff was closed. The roznama indicates that on next date immediately the plaintiff has filed present NM to set aside order filed on 05.03.2019. The defendant opposed the NM on the ground that the plaintiff has not filed any documentary evidence to show that her Adv. was held up in another Court, therefore there is no sufficient cause for setting aside the afore said order. Admittedly due to the absence of adv the evidence of plaintiff was not filed. Due to the inability of advocate to remain present before the Court, the party should not suffer. The present suit is for the partition and rights of both the parties are required to be adjudicated once and for all. Thus, in view of this one opportunity needs to be given to the plaintiff. Hence I proceed to pass following order
ORDER
1. The Notice of Motion No. 2491 of 2019 is hereby allowed.
2. The order dtd. 03.05.2019 is set aside.
3. The plaintiff is permitted to adduce evidence.
4. Costs in cause.
5. The Notice of Motion No. 2491 of 2019 is disposed of accordingly.
Order below Notice of Motion No. 2493 of 2019.
Perused the NM, affidavit in support, affidavit in reply. Heard both parties. The plaintiff is praying to lead secondary evidence in respect of the documents mentioned in Exh.A. It is further submitted that she has issued notice to the defendant for production of the original document which are in his possession. The Ld. Adv for the defendant resisted the NM and he has submitted that the defendant has not in possession of the original documents. Considering the submission made before me and nature of the suit, and the most important aspect that the original document not in the possession of either party, under that circumstances, it is necessary to permit the plaintiff to lead secondary evidence as those documents are required for the adjudication rights of the parties in this suit. IN view of the same, I proceed to pass following order
ORDER
1. The Notice of Motion No. 2493 of 2019 is hereby allowed.
2. The plaintiff is permitted to lead secondary evidence in respect of the documents mentioned in Exh. A.
3. Costs in cause.
4. The Notice of Motion No. 2493 of 2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 22-04-2024
