Date: 30-07-2019
Business: Matter called out (4.19 pm)
Exh-5 Matter moved by preceipe.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Adv.Rajesh Devgharkar for plaintiff present.
Adv.Ashutosh M. Mantri for defendant no.1 present.
Matter adj for reply on 31/07/19 at 2.45 pm
Next Purpose: REPLY
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Matter called out (3.26pm)
Adv.Rajesh Devgharkar for plaintiff tendered draft Notice of Motion alongwith affidavit.
O-Leave is granted to register the Notice of Motion..
Exh-6 Defendant no.1 filed vakalatnama for Adv.Ravindra M.Sawant and Adv.Ashutosh Mantri. T.O.R.
Defendant no.1 filed reply on N/M.No.2871/19. T.O.R
Matter adj for order on N/M No.2871/19 on 01/08/19.
Later on.
Adv.Rajesh Devgharkar for plaintiff tendered register N/M No.2871/19.
Next Purpose: NM ORDERS
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Matter called out (4.38pm)
Adv.Rajesh Devgharkar for plaintiff present.
Defendant and advocate absent.
F.R.S.R following order is passed on N/M No.2871/19.
1.Notice of motion no. 2871 of 2019 is hereby made absolute in terms of prayer clause (a) and (b).
2.Defendants or their agents are hereby temporary restrained from creating third party interest, right in respect of suit premises.
3.Order to be communicated to the concern Registrar office within whose jurisdiction his property is situated.
4.Notice of Motion No. 2781 of 2019 is disposed off accordingly.
Matter adj for compliance on 13/08/19.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Matter called out (11.50am)
Adv.Rajesh Devgharkar for plaintiff present.
Plaintiff advocate seeking time to comply with the order dated 01.08.2019. Time granted.
Matter adj for compliance on 27/09/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Court is busy recording of evidence in Suit No.3833/2009.
Adv.Manas Gawankar for plaintiff present.
Defendant in person present.
Matter is adj to 19/11/19 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Matter called out(3.28pm)
Plaintiff and his advocate absent.
Adv.Manas N. Gawankar for defendant no.2 present filed written statement. Exh-9 T.O.R. Order- Subject to the objection.
defendant no.1 though serve but failed to file w/s hence, matter to proceed without ws on defendant no.1
Matter is adj to 28/01/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Matter is mentioned and called out at 2.55 p.m.
Adv. Mr. Akshay Kamble I/b. Rajesh Devgharkar for plaintiff present.
Adv. Mr. Akshay R. Pai for defendant no. 2 present.
Plaintiff tendered Writ of Summons Exh. 10
Plaintiff tendered Registered Notice of Motion.
Defendant no. 2 seeking time to file repl to NM 3905 of 2019 t.o.r.
Defendant no. 1 is already proceeded Ex-party
Matter is adj 24.02.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Matter is called out at 3.52pm
Adv.Rajesh Devgharkar for plaintiff present.
Adv.A.R.Pai a/w V.V.Pai i/b Manas Gavankar for defendant no.2 present.
Defendant no.2 tendered reply to N/M No.3905/19.
Plaintiff submitted that, he has filed N/M for direction to the registrar for registration of lis pendance. However, during pendancy of Motion, the registrar registered the lis pendance. hence, plaintiff submitted that, motion is infructuous. Above statement excepted in view of the above statement Notice of Motion No.3905/19 is disposed off infructuous.
Matter is adj to 08/06/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-08-2020
Date: 10-08-2020
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: FRAMING ISSUES
Next Hearing Date: 09-10-2020
Date: 09-10-2020
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 07/01/2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Rajesh Devgharkar for plaintiff present.
Adv. Akshay Pai for defendant no. 2 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.
Court busy in ad-interim hearing matters. Hence adjourned.
Adjd to 01.04.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Rajesh Devgharkar for plaintiff present.
None for defendants.
Copy of w.s. be served by defendant no. 2 to the plaintiff before next date.
In view of office order No. 64/2021 dtd. 29.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 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 owing to absence of the defendant.
Adjd to 25.06.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: At 11.06 am
None for plaintiff.
Defendant No. 2 present.
Adv. Apurva Bhat for defendant No. 2 present.
Court is busy in passing order in ABA No. 412/21. Hence adjourned.
Adjd for framing issues to 18/08/2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Defendant No. 2 present.
Adv. Rajesh Devgharkar for plaintiff present.
adv. Nikita Dharamshi I/b Manas Gavankar for defendant No. 2 present.
Adv. for plaintiff stated that the copy of written statement is not supplied to plaintiff.
Adv. for defendant No. 2 is directed to serve the copy of Written statement to the plaintiff failing which the defendant No. 2 has to follow the consequences.
kb till afternoon session L. O at 4.15 pm
Adv. for plaintiff present.
Adv. for defendant present.
Exh-11 Issues framed.
Adv. for plaintiff stated that he received the copy Written statement.
Adjd for filing evidence of plaintiff to 14/10/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. For plaintiff present and seeks time to file evidence.
Adv. Akshay Pai For defendant no. 2 present.
Adjd for evidence of plaintiff to 22/12/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Rajesh Devgharkar For plaintiff present and seeks time on the ground that plaintiff is new Zealand and is unable to take instructions.
Adv. Akshay Pai For defendant No. 2 present.
The suit is filed by Constituted attorney of plaintiff who is resident of New Zealand. Issues framed on 18.08.2021 plaintiff to file evidence on next date failing which the suit will be fixed for dismissal order.
Adjd for evidence of plaintiff to 08/04/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Rajesh Devgharkar For plaintiff present.
Affidavit of Snehal Yatin Prabhavalkar filed by adv. For plaintiff. The deponent Snehal Y. Prabhavalkar absent. Taken on record.
Compilation of documents filed by adv. For plaintiff. T.O.R.
Adv. For defendant No.2 present.
Defendant No.2 present.
Adjd for admission denial/verification of evidence affidavit to 01/07/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Rajesh Devgharkar for plaintiff present and filed adjournment application t.o.r. marked as Exh.12 -Considering the ground regarding current stay of the witness in Nuziland adjournment is granted.
Adv. Akshay Pai a/w defendant no. 2 present.
The plaintiff has already filed evidence affidavit of Snehal and list of documents on record on 08-04-2022, but they have remained to be exhibited. Hence, they are marked as Exh. 13 and Exh. 14 respectively.
Matter is adjd.to 19-08-2022 for evidence of plaintiff
and hrg on exhibition of document.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Rajesh Devdhar a/w plaintiff present and filed rejoinder in NM No. 2871/19 t.o.r.
He also filed xerox copy of order in A.O. No. 209/21 passed by Hon''ble High Court on 21-07-2022 t.o.r.
Adv. R. M. Sawant a/w defendant no.1 present and filed affidavit in reply in NM No. 2871/19 t.o.r.
Adv. Ashesha Chheda a/w defendant no.2 present.
Adv. R. M. Sawant for deft. no. 1 and Adv. Chheda for
deft. no. 2 received copy of rejoinder in NM No. 2871/19
Adv. Rajesh Devdhar for plaintiff and Adv. Ashesha Chheda
a/w defendant no.2 received copy of affidavit in reply in
NM No. 2871/19.
Matter is adjd.to 25-08-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Rajesh Devgharkar for plaintiff present.
Adv. R. M. Sawant for defendant no. 1 present and filed list of documents t.o.r. marked as Exh.11
Adv. Rajendra Pai a/w Adv. Ashesha Chheda a/w Adv. Akshay Pai for defendant no. 2 present and filed pursis with documents t.o.r. marked as Exh.12
Heard both sides in NM No. 2871/19 in part.
Adv. R. M. Sawant filed draft NM with supporting affidavit to condone delay and to file written statement t.o.r. Leave is granted to register the NM.
Matter is adjd.to 26-08-2022 for NM Hrg and filing registered NM 4.00pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Rajesh Devgharkar for plaintiff present.
Adv. R. M. Sawant for defendant no. 1 present
Adv. Rajendra Pai a/w Adv. Akshay Pai for defendant no. 2 present
Matter is adjd.to 30-08-2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Rajesh Devgharkar for plaintiff present.
Adv. R. M. Sawant for defendant no. 1 present
Adv. Rajendra Pai a/w Adv. Ashesha Chheda a/w Adv. Akshay Pai for defendant no. 2 present
Heard both sides in NM No. 2871/19.
Matter is adjd.to 08-09-2022 for NM order 4.00pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Rajesh Devgharkar for plaintiff present.
Defendant no. 2 in person present.
None for defendant no. 1
F.R.S.R. following order is passed -
ORDER
1. Notice of Motion No. 2871/2019 is dismissed.
2. Proceeding of N/m No. 2871/2019 is closed.
Matter is adjd.to 19-10-2022 for reply in NM No.
3145/22
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Rajesh Devgharkar a/w plaintiff present.
None for defendants no. 1 and 2
Matter is adjd.to 21-02-2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: None for plaintiff.
Adv. Prajakta Shingarpure a/w defendant no. 2 present.
None for defendant no. 1
Matter is adjd.to 20-04-2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None for plaintiff.
Defendant no. 2 in person present.
None for defendant no. 1
Matter is adjd.to 01-08-2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: None for plaintiff present.
Adv. Ashesha Chheda along with defendant no.2 present.
None for defendant no.1
Today matter is kept for NM reply, but none present for plaintiff.
Matter adjourned for No reply against the plaintiff to 06-10-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: None for plaintiff .
Defendant no.2 in person present.
Matter adjourned for Nm reply to 11-12-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: None For plaintiff present.
Adv. Saharsh Sakhare defendant no. 2 present and submitted that he is ready to argue the matter without filing reply to NM. So plaintiff is directed to remain present and argue the matter on next date.
Defendant no. 2 in person present.
Matter adjourned for NM hearing to 23/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: None For plaintiff present.
Defendant no. 2 in person present.
Advocate for defendant no. 1 and 2 absent.
Today notice of motion no. 3145 of 2022 is kept for hearing. The said notice of motion is taken out by defendant no. 1. But since long defendant no. 1 is absent. Hence notice of motion be kept for dismissal for want of prosecution.
Matter adjourned for NM dismissal to 12/06/2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: None For plaintiff present.
Adv. Ashesh Chheda For defendant no. 2 present.
None for defendant no. 1. Who has filed notice of motion no. 3145 of 2022. The plaintiff also failed to file reply to notice of motion, hence notice of motion is proceeded without say of the plaintiff. Therefore defendant no. 1 granted last chance to argue on notice of motion.
Matter adjourned for NM argument to 11/11/2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Not on board. Taken on board.
Matter be referred to Lok-adalat. Issue notice to both parties to appear before Lok-adalat.
Matter adjourned for Lok-adalat to 28/09/2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-09-2024
Date: 28-09-2024
Business: NATIONAL LOK-ADALAT HELD ON 28.09.2024 (Panel-6)
Matter pertains to C.R. No. 66
Parties and their respective advocates are absent.
Hence settlement is not possible.
Matter not settled in Lok Adalat. Matter sent back to regular court at same stage before reference to Lok Adalat.
Matter is adjourned to 11.11.2024
Adv. Aarif Ali Musharraf Ali HHJ. Prashant C. Kale
Panel Member Panel Head
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: None present.
Defendant no.1 failed to argue hence notice of motion is kept for dismissal order to be passed for want of prosecution.
Matter adjourned for dismissal to 04.02.2025
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: Adv. Rajesh Devgharkar for plaintiff present.
Defendant no. 2 in person present.
None for defendant no. 1. Notice of motion no. 3145/2022 dismissed in default.
Both parties to file list of witnesses on next date without fail.
Matter adjourned for evidence of the plaintiff to 15.04.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: None present.
Matter be referred for Lok-adalat.
Matter adjourned for Lok-adalat/Recording evidence to 10/05/2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025
Date: 10-05-2025
Business: Plaintiff and Defendent No.1 is absent when called till 11.55 A.M.
Defendent No.2 is present who submitted that the plaintiff remained absent continuously when called. Hence, matter is adjourned till 09.07.2025.
The matter is adjourned to 09.07.2025 for further order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: PO is on leave hence matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: Adv. Rajesh Devgharkar for plaintiff present.
Adv. Nikhil Dixit for defendant no. 1 present and undertakes to file V/p on next date..
Adv. Prajkta Shingarpure for defendant no. 2 present.
Keep back..
Later on..
Adv. Rajesh Devgharkar for plaintiff present.
Adv. Prajkta Shingarpure for defendant no. 2 present.
Heard both sides.
Document at Sr. no. 1 copy of original power of attorney.. Marked as Article-A.
Document at Sr. no. 2 certified copy of Registered gift deed .. Marked as Exhibit-19.
Document at Sr. no. 3 Certified copy of registered gift deed ..Marked as Exhibit-20.
Document at Sr. no. 4 original search report.. Marked as Exhibit-21.
Document at Sr. no. 5 original search report.. marked as Exhibit-22.
Document at Sr. no. 6 Certified copy of Registered gift deed.. marked as Exhibit-23.
Document at Sr. no. 7 Certified copy of Registered gift deed.. marked as Exhibit-24.
Document at Sr. no. 8 Certified copy of Registered cancellation .... marked as Exhibit-25.
Document at Sr. no. 9 Certified copy of gift deed.. marked as Exhibit-26.
Matter adjourned for cross examination of PW-1 to 24/11/2025.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Mandar B. Waidande i/b Adv. Rajesh Devgharkar present for plaintiff.
Adv. Paresh Chandiramani I/b Adv. Nikhil Dixit present for defendant no.1 and filed Vakalatnama. Taken on record. Marked as Exh-27. O- Filed.
Adv. Saharsh Sakhare present for defendant no.2.
Adv. for plaintiff filed adjournment application. Taken on record. Marked as Exh-28. O- The plaintiff to filed affidavit of evidence on next date without fail, otherwise necessary order will be passed.
Matter is adjd. for RE to 20.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Rajesh Devgharkar i/b RAM Legal present for plaintiff.
Adv. Nikhil Dixit present for defendant no.1 and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register granted.
KB
Later on at 11:36 a.m.
Adv. Akshay Pai alongwith Adv. Saharsh Sakhare present for defendant no.2.
Matter is adjd. for NM reply and RE/Affidavit of evidence and cross examination of PW-1 to 06.02.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Mandar Waidande i/b Adv. Ram Legal present for plaintiff.
Adv. Kunal Motwani h/f Adv. Nikhil Dixit present for defendant no.1 and filed registered Notice of Motion no.6796/2025 alongwith affidavit in support. Taken on record.
Adv. Saharsh Sakhare alongwith Adv. Suryajeet Rawrane present for defendant no.2.
Defendant no.1 is directed to serve copy of Notice of Motion to plaintiff.
Matter is adjd. for NM reply to 24.02.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Rajesh Devgharkar i/b RAM Legal present for plaintiff.
Adv. Rahul Parve h/f Adv. Dixit present for defendant no.1.
Adv. Saharsh Sakhare present for defendant no.2.
Copy of registered NM no.6796/2025 is served to plaintiff.
Matter is adjd. for NM reply by plaintiff to 05.05.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: CORAM : H.H.J. SHRI AMIT A. LAULKAR (C.R.NO.66)
Adv. Rajesh Devgharkar i/b RAM Legal present for plaintiff and filed reply to NM no.6796/2025. Taken on record. Copy served to other-side.
Adv. Nikhil Dixit present for defendant no.1.
Adv. Saharsh Sakhre present for defendant no.2 and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register granted. Copy served to plaintiff.
Matter is adjd. for tendering registered NM by defendant no.2/and NM reply by plaintiff/ NM no.6796/2025 hearing to 14.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: PO is on training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2026