Dada Yadu DawareVsMadhukar Navji Kamble +2 more

Date: 13-06-2019
Business: Plaintiff present.
Defendant no.2 present.
Court is busy in R/E in suit no.9156/1994 and court has to hear final arguments in suit no.6986/2006, hence case is adjourned to 08/08/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Court is busy in recording evidence in suit no.6329/04, suit no.7793/00 and suit no.9287/00, hence case is adjourned to 02/11/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Advocate Paresh Bhadnge @ Plaintiff present and filed affidavit of service of writ of summons against Defendant nos.1 and 2.  Affidavit t.o.r. Plaintiff advocate submitted that Defendant no.3 has refused to accept writ of summons when Plaintiff and Plaintiff\''s advocate had gone to serve it upon Defendant no.3.  Considering submissions, it is directed that Plaintiff should take necessary steps for service of writ of summons upon Defendant no.3 through bailiff.
None present for Defendants.
Case is adjourned to 09/01/2020 for filing affidavit of service of writ of summons against Defendant no.3 and for filing Written Statement by Defendant nos.1 and 2.  It is made clear that, if on next date, Defendant no.1 and 2 will not file their Written Statement, court will be compelled to pass no Written Statement order against them.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Advocate Mr. Paresh Bhadange h/f Adv. Mahajan @ Plaintiff present and sought extension of time for filing affidavit of service of writ of summons.  Time extended till next date.
None present for Defendant.
Case is adjourned to 11/03/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Advocate Paresh Bhadange for Plaintiff present and filed an application for production of documents, t.o.r. O-Production allowed.
Defendant no.3 present and filed application in Marathi for deleting his name from Defendant\''s array, t.o.r. O-Plaintiff to reply.  Copy of Exh.3 served upon advocate for Plaintiff.
Case is adjourned to 24/06/2020 for filing affidavit of service/Plaintiff\''s reply to Exh.3.
L.O.
Advocate for Plaintiff filed original  writ of summons with bailiff\''s report showing that writ of summons is served upon Defendant no.3 on 12/02/2020.
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: 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.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 20/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: None present for both parties.
K.B.
L.O.
None appeared for both parties when called again.
Despite granting several opportunities, defts Nos.1 and  2 failed to file their written statement hence, suit to proceed without written statements of deft Nos.1 and 2.
Plff failed to file reply to application Exh.3 of deft No.3 hence, said application to proceed without reply of the plff.
Matter is adjd. for hearing on application Exh.3 to 07.04.2021.
Next Purpose: HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for the plaintiff.
Defendant Nagsen Dodke present in person and filed application at Exh.4 for deleting his name from the suit.
Call say of plaintiff.
As nobody present for the plaintiff, considering the present Pandemic Condition matter is adjourned at same stage.
Matter is adjourned for reply of plaintiff on application of defendant No.3 to 22.06.2021.
Next Purpose: REPLY
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Adv Mr. Milind Ingole present for plff.
Deft No.2 present in person and submitted that deft No.1 his father and deft No.1 is unable to attend the Court today as he is not feeling well.
He submitted that copies of plaint and annexures are not served on him and deft No.1 by the plff till date. Adv for the plff supplied copies to deft No.2 in Court today.
Adv for plff requested to direct to deft No.3 to supply copy of appln Exh.4 to him. O-Deft No.3 shall supply copy of appln Exh.4 to the adv. for plff.
Matter is adjd. for supply of copy of appln Exh.4 by deft No.3, for reply of plff on Exh.4 and for WS of deft Nos.1 and 2 to 02.02.2022.
Next Purpose: REPLY
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Plaintiff present in person.
Adv. Thorat for Defendant no.1 & 2 Present and filed Vakalatnama at Exh. 5 on behalf of Defendants no. 1 & 2.
He also filed written statement of Defendants no. 1 and 2 by submitting that copies of plaint and annexures are served on defendant Nos.1 and 2 on the previous date.
On request of plaintiff, KB.
LO at 12.00 p.m.
Plaintiff present with his adv. Milind Ingole.
Advocate Thorat present for defendant Nos.1 and 2.
Advocate for plaintiff objected for taking Written Statement of defendant Nos.1 and 2 on record by submitting that there is delay.
Perusal of record shows that order to proceed without written statement is already passed against defendant Nos.1 and 2.
advocate for those defendants submitted that necessary notice of motion will be taken out for setting aside said order and for delay condonation.
Liberty is granted to him.
Written statement is filed today by defendant Nos.1 and 2 is kept on record with direction that it will be considered only if the order to proceed without Written Statement is set aside and delay is condoned.
Advocate for plaintiff endorsed reply on application Exh.4.
None present for defendant No.3.
By consent, matter adjourned for hearing on Exh.4 and steps by defendant Nos.1 and 2 to 05/04/2022.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Clerk Mr. Rahul Prasad of Adv Milind Ingole for plff present and seeks adjournment by submitting that adv Mr. Ingole is unable to attend this Court today.
Adv Mr. Aditya Mody with Adv Mr. Thorat present for deft.Nos.1,2.
Adv Mr. Adv Mr. Tanksale appeared and gave oral undertaking that he will file vakalatnama on behalf of deft No.3 on next date.
On request made on behalf of plff, matter is adjd. for hearing on Exh.4 to 22.06.2022.
Judge
L.O.at 11.45 a.m.
Plff Dada Dawre present in person and seeks adjournment.
Already adjd. to 22.06.2022.
Judge
L.O.at 12.20 p.m.
Adv Mr. Thorat for deft No.1 and 2 present and filed draft Notice of motion alongwith affidavit in support for condonation of delay caused in filing WS. O-Leave to register is granted with direction to serve the plff.
Already adjd. to 22.06.2022.
Next Purpose: HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Plaintiff in person present.
Defendant No.3 in person present.
Adv.Thorat for deft.No.1 and 2 present. He tendered registered NM No.1301/2022 a/w. affidavit.
Plaintiff and deft.No.3 received copies of registered NM No.1301/22 (setting aside) a/w. affidavit.
Matter adjd to 10.10.2022 for say and hearing in NM 1301/22.
Next Purpose: HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv.Milind Ingole for plaintiff present.
Adv.Ms.Remedies for deft.No.1 and 2 present.
Adv.Tangsali for deft.No.3 present.
Copy of NM No.1301/2022 is received by the plaintiff today, therefore, he requested time to file reply.
The plaintiff filed draft notice of motion (inj) a/w. Affidavit in support. O-Leave granted to register draft NM.
Plaintiff undertakes to serve the copies of today\''s motion on the defendants.
Matter adjd to 05.12.2022 for service affidavit in NM (inj)/reply of pltff. in NM 1301/22.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv.Milind Ingole for plaintiff present.
Adv.Anjali Mishra for deft.No.1 and 2 present.
Mr.Nagsen Dodake-Deft.No.3 present.
Adv.for pltff. filed handwritten reply in NM 1301/22.
Heard Adv.for deft.No.1 and 2 and  Adv.for pltff. in NM 1301/22.
ORDER IN NM 1301/2022
        The defendant No.1 and 2 are requested for setting aside order dated 20.02.2021 directing to proceed the suit without their written statement. The Hon\''ble Supreme Court in Suo-Moto Writ Petition No.03/2020 excluded the period of limitation during pandemic from March 2020 to 28.02.2022. Summons appears to have been served in the month of May 2019. This motion is taken out on 05.04.2022. There is delay in filing written statement even though period of pandemic is excluded, hence, I pass the following order.
ORDER
1. Notice of Motion No.1301/2022 is allowed subject to costs of Rs.1500/- to be paid to the plaintiff.
2. Delay in filing written statement is condoned accordingly.
3. Costs shall be paid on or before next date.
4. Notice of Motion No.1301/2022 is disposed of accordingly.
Matter adjd to 22.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv.Milind Ingole for plaintiff present.
Adv.Anjali Mishra for defendant No.1 and 2 present.
Registered NM No.4271/22 a/w. affidavit in support tendered by plaintiff t.o.r.
Order of costs imposed last date is complied by defendant No.1 and 2. Their written statement is TOR and marked as Exh.6. Copy of Ws be served on plaintiff.
Matter adjd to 18.04.2023 for service affidavit of deft.No.3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv.Sameer Vale h/f.Adv.Ingole for plaintiff present.
Adv.Anjali Mishra for defendant No.1 and 2 present and furnished copy of written statement to the plaintiff.
Defendant No.3 present and filed vakalatnama of Adv.B.G. Tangsali. TOR and marked as Exh.7.
The defendant No.3 wants to take steps for deleting his name from the suit cause. He is directed to take the appropriate proceeding.
Matter adjd to 21.07.2023 for steps by deft.No.3 and service affidavit by the pltff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Adv. Milind Ingole a/w plaintiff present.
Adv. Anjali Mishra for defendants no. 1 and 2 present.
 With consent of both sides matter is adjourned to 25-10-2023.
Matter is adjd.to 25-10-2023 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Milind Ingole  for plaintiff present.
Nagsen Dodake defendant no. 3 present and filed draft NM with supporting affidavit t.o.r. - O- Leave is granted to register the draft NM.
None for defendants no. 1 and 2
Adv. Tangsali for defendant no. 3 present.
Matter is adjd.to  23-11-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv. Milin Ingole for plaintiff present.
Adv. Jitendra Patel h/f Adv. Thorat for defendant no. 1 and 2 present.
Defendant no. 3 in person present.
Matter is adjourned to   08-01-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Adv. Milind Ingole  for plaintiff present.
Adv. Anjali Mishra  for defendant no. 1 and 2 present.
Adv. B. G. Tangsali  for defendant NM No.  3 present and filed registered NM No. 4035/23  along with affidavit in support t.o.r.
Adv. Anjali Mishra  for defendant no. 1 and 2 makes submission that the said defendants do not intend to file reply in  NM No. 4035/23.
Adv. B. G. Tangsali  for defendant NM No.  3 makes submission that the said defendant  do not intend to file reply in  NM No. 4271/22.
Matter is adjourned to 13-02-2024 for reply by defts. No 1 and 2 in  NM No. 4271/22 and reply by plaintiff in  NM No. 4035/23
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Adv. Milin Ingole for plaintiff present.
Adv. Anjali Mishra for defendants no. 1 and 2  present.
Adv. V. G. Tangasale for defendant no. 3 present.
Matter is adjourned to 19-03-2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: Plaintiff in person present.
Adv. Jitendra Patel h/f Adv. R. D. Thorat for defendants no. 1 and 2 present and would make submission that the written statement of said defendants are treated as reply in NM.
Defendant no. 3 in person present.
Matter is adjourned to 29-04-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Sumitra Kokane h/f. Adv. Ingole for plaintiff present.
Adv. Shruti Chavan h/f. Adv. Thorat for defendant no. 1 and 2 present.
Defendant no. 3 in person present.
By consent matter is adjourned to   09-07-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Milind Ingole for plaintiff present.
Adv. Shruti Chavan for defendant No. 1 and 2 present and filed reply in NM No. 4035/23.
Adv. B. G. Tangsale for defendant No. 3 present.
Matter is adjourned to   16-10-2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. Milind Ingole for plaintiff present.
Adv. Thorat for defendant No. 1 and 2 present.
Defendant No. 3 in person present.
Matter is adjourned to 09-12-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Plaintiff in person present.
Adv. Anjali Mishra for defendant no. 1 and 2 present.
Defendant no.3 in person present.
Matter is adjourned to 29.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: Plaintiff in person present.
Adv. Rahul Thorat for defendant no. 1 present.
Adv. for the defendant nos.1 and 2 has stated at bar he is not desirous of filing his reply to the NM of defendant no.3 in NM No. 4035/2023.
later on,
Adv. Milind Ingole for plaintiff present.
Matter is adjourned to 22.07.2025 for hearing in NM No. 4035/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Aishwarya Gaikwad a/w plaintiff present.
Adv. Jitendra Patel for defendant no. 1 and 2 present.
Defendant no.3 in person present.
By consent matter is adjourned to 17.11.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Aishwarya Gaikwad alongwith plaintiff present.
Adv. Rahul Thorat for defendant No. 1 and 2 present.
Defendant No. 3 in person present.
Matter is adjourned to 07.01.2026 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. Aishwarya Gaikwad for plaintiff present and sought time to argue.
Adv. Jitendra Patel for defendant no. 1 and 2 present .
Defendant no. 3 in person present.
Matter is adjourned to 06.02.2026 for hearing on both NM.
Later on at 3.45 pm
Adv. B. G. Tanpali for defendant no. 3 present.
Matter is adjourned to 06.02.2026 for hearing on both NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Milind Ingole for plaintiff present.
Adv. Jitendra Patel h/f Adv. Rahul D. Thorat for defendant no. 1 and 2 present.
Both the Ld. Advocates seek time to argue on Notice of motion.
Matter is adjourned to 15.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.30 pm
Adv. Aishwarya  J. Gaikwas i/b Adv. Milind Ingole for plaintiff present and seeking adjournment.
Adv. Rahul Thorat for defendant no.1 and 2 present.
Defendant no. 3 in person present.
The plaintiff did not filed reply to NM no. 4035/2023. Hence NM 4035/2023 to proceed without reply of plaintiff.
The parties are directed to argue NM no. 4035/2023 on next date failing which it will be decided without argument of the parties.
Adv. Shri Thorat submitted before the Court that it is the NM filed by defendant no.3 therefore he will not argue the same as no relief is claimed against his defendant.
Matter is adjourned to 20.07.2026 for NM 4035/2023 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: P.O. IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: P.O. IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2026

NOTICE OF MOTION/104271/2022
NOTICE OF MOTION/101301/2022
NOTICE OF MOTION/104035/2023

Registration Number: 101129/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 107852/2018
Filing Date: 14-06-2018
First Hearing Date: 13th June 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE