Tulsiwadi Navnirman CHS LtdVsKanti Malji Sandis +3 more

Date: 06-08-2018
Business: Adv. Puja Thorat a/w Adv. Tafti for plff. present.
Adv. Jagdishkumar Gupta for D/1 and 2 present.
D/3 absent.
Adv. H.D. Pawar for D/4 present.
Today, copy of N/M reply is served to plff.
Adv. for D/1 and 2 filed affd. in sur-rejoinder on N/M.
Argument of adv. for plff. and adv. for D/4 is partly heard.
Time is extended for register the N/M to the plff.
Matter is adjd. to 21.08.2018 for further argument on N/M and order on N/M.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: Adv. Puja Thorat a/w Adv. Tafti for plff. present.
D/1 to 3 absent.
Adv. H.D. Pawar for D/4 present.
Heard adv. for plff. and D/4 on N/M.
Matter is adjd. to 04.09.2018 for order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-09-2018

Date: 04-09-2018
Business: Adv. Puja Thorat for plff. present.
D/1,2,4 are absent.
Adv. for D/3 present.
Steno is on leave. Hence, adjourned.
Matter is adjd. to 17.09.2018 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-09-2018

Date: 17-09-2018
Business: Adv. Pooja Thorat for plff present.
Adv. Jagdish Gupta for D/ 1 and 2 present.
Adv.  Kale for D/ 3 present.
Adv. Pawar for D/4 present.
The L d plff submits that the matter was heard by the Ld Judge Smt. Kale who is now presiding over the Cr. no. 15. She wants to make application for transfer of this case to Cr. 15. Hence on her request, Matter is adjd. to 15.10.18. for necessary order from Honrable P.J. E/O for continue till next date.
Next Purpose: ORDER
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
On request of Adv. for plff. Matter is adjd. to. 01.11.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 01-11-2018

Date: 01-11-2018
Business: plff. and his adv. absent.
deft. and his adv. absent.
kb at 2.45 p.m
L.O. at 3.00 p.m
Adv. H.S. Tafti for plff. present.
Adv. for D/3 present.
Adv. for D/4 present.
D/1 and 2 absent.
The parties present submits that the transfer application is scheduled to be taken up on 02.11.2018 Hence, Matter is adjd. to. 17.11.2018 for order to N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-11-2018

Date: 17-11-2018
Business: plff. and his adv. absent.
D/2,3 and 4 present.
Exh.10 D/3 filed application for discharging his advocate on record and for allowing him to appoint another advocate.  Application is allowed.
Matter is adjd. to. 15.02.2019 for hearing on N/M No.3035/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Adv. for plff. present.
Adv. for D/3 present.
Rest of the defts are absent.
By consent matter is adjd. to. 28.03.2019 for hearing on N/M No.3035/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. for plff. present.
Adv. Jagdish Kumar for D/1 and 2 present.
Adv. Manasi Jain  for D/3 present and has filed V/P on behalf of D/3 t.o.r
Adv. for D/4 present.
As the plff. is absent, the Matter is adjd. to. 20.06.2019 for hearing or for dismissal order on N/M No.3697/17
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: As court is busy in detection in High court time bound appeals 114/19 to 130/19. Hence board is partly discharged.
Matter is adjd. to. 07/08/2019  for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: None for plff
Adv Mansi jain for deft No.3 present
Adv.Kamlakar Bhagat for deft No.4 present.
None for other deft. As court is busy in other matters, adjd for NM hearing to 29/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: None for plaintiff.
Adv. Abhishekh Mishra  for defendant no. 3 present.
None for other defendants.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 03.10 p.m.  Hence,NM No- 3035/18 kept for dismissal on next date.
Adjd to  27-02-2020 for NM No- 3035/18 dismissal .
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Ruksar Ansari   for plaintiff present.
None for defendants.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to   16-04-2020 for NM Hearing/Dismissal .
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: COURT IS ON LEAVE TODAY.
Due to heavy rain on 23.09.2020 was declared as holiday hence matter is taken on today\''s board and adjourned to 19.10.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 11.11.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: COURT IS ON LEAVE (C.R. No.19)
Both sides absent.
Due to COVID-19 adjourned to 11.12.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None present for plaintiff.
None present for defendant.
Parties to remain present on next date positively.
Adjourned to 07.01.2021 NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for parties.
Adjourned to 05.02.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None present for plaintiff.
None present for defendant.
Since nobody appears for plaintiff, matter adjourned to 04.03.2021  for order of dismissal of notice of motion.
Next Purpose: HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for plaintiff.
None present for defendant.
Since nobody appears for plaintiff and registered notice of motion has not been tendered since last more than 2 years, matter is adjourned to 05.04.2021 for order of dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
None present for defendants.
Since nobody appears for plaintiff, date of dismissal is postponed to next date.
Adjourned to 14.06.2021 for order of dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to Covid-19, matter adjourned to 02.07.2021 for order of dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: None present for parties.
Due to COVID-19, Adjourned to 22.07.2021 for order of dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: None present for the parties.
Due to Covid-19, adjourned to 11.08.2021 for order of dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Matter called out at 11.11 a.m.
Adv. for plaintiff absent.
Adv. Jagdish Kumar Gupta for defendant No. 1 and 2 present.
Kept back for afternoon session.
Later on 5.30 p.m.
None present
Adjd. To 11.10.2021 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Matter called out at 3.04 p.m.
None present.
Matter stands adjourned to 10.01.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Matter called out at 11.03 p.m.
None present for plaintiff.
Adv. Jagdish for Deft.1 and 2 present. Since long, none present for plaintiff. Hence, Issue notice of appearance to the plaintiff before dismissal through bailiff/RPAD.
Matter stands adjourned to 01.04.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Matter called out at 3.58 p.m.
None present.
Matter stands adjourned to 06.07.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present.
Bailiff report received. TOR. Exh.12.
It shows that the notice is unserved as the address is found locked. Bailiff to serve the notice as per Order 5 Rule 17 of CPC.
Matter stands adjourned to 07.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None present.
Re-issue notice to the bailiff to serve the notice as per Order 5 Rule 17 of CPC.
Matter stands adjourned to 28.11.2022 for compliance.
Later on at 4.21 p.m.
Deft. no.4 in person present.
Already adjourned to 28.11.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: None present.
Matter stands adjourned to 16.02.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: None for plaintiff.
Adv. Jagdish Kumar Gupta for defendant No.1 and 2 present.
Defendant No.4 in person present.
Draft NM is not forthcoming as per roznama dated 06.08.2018.
Draft NM is handed over to the plaintiff on and he received the same on next day but did not tender till the date.
Bailiff report received. TOR. Exh-13.
As per report the notice is received form the receiving clerk of the plaintiff on 11.11.2022. Plaintiff is absent since long.
Had plaintiff any interest in the matter, it would have proceeded with the matter and would have appeared before the court, thus, it seems that the plaintiff do not want to proceed with the suit.
Hence, Suit No.1959/2018 is dismissed in default. As suit is dismissed, nothing survives in NM No.3035/2018, hence, disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-02-2023

TRANSFER APPL/100617/2018
NOTICE OF MOTION/103035/2018

Registration Number: 101959/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Registration Number: 101959/2018
Transfer Date: 06-08-2021
From Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 108036/2018
Filing Date: 19-06-2018
First Hearing Date: 06th August 2018
Decision Date: 16th February 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE