Baban Yashwant Durafe and AnrVsMrs. Sharda Pandurang Durafe And Anr.

Date: 24-08-2018
Business: Parties and Advocate absent, adjd to 15/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2018

Date: 15-09-2018
Business: Mr. Rohan Shah h/f S. M. Suryavanshi, Advocate for Plaintiff, present.  On request of Mr. Shah, issue notice u/o.XXI Rule 22 of C.P.C., returnable on 19/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2018

Date: 19-10-2018
Business: Mr. S. M. Suryavanshi, Advocate for Plaintiff, present.  Mrs. Sharda Pandurang Durafe-Defendant No.1, present.  Copy of E.A. served upon Defendant No.1, across the Bar by the Advocate for Plaintiff. Defendant seeks time to engage an Advocate and hence by consent, adjd to 26/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 26-10-2018

Date: 26-10-2018
Business: Mr. S. M. Suryavanshi, Advocate for Plaintiff, present.  Mr. Dheeraj Kamble, Advocate for Defendant, present.  Execution Application marked as Exh.A (colly.).  Mr. Suryavanshi has tendered original notice alongwith service report endorsed thereon, t.o.r. and marked as Exh.B.  Vakalatnama of Suraj S. Kudalkar, Advocate for Defendant, tendered by Mr. Kamble, is t.o.r. and marked as Exh.C.  Mr. Kamble seeks time to file reply, and hence, by consent, adjd to 02/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Business: Mr. S. M. Suryavanshi, Advocate for Plaintiff, present.  Mr. Dheeraj Kamble I/b Suraj S. Kudalkar,, Advocate for Defendant, present.  Reply dated 02/11/2018, tendered by Mr. Kamble is t.o.r. and marked as Exh.B., copy of same has been served upon Advocate for Plaintiff, across the Bar.  For re-joiner of Plaintiff, adjd to 28/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 28-11-2018

Date: 28-11-2018

Date: 12-12-2018
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Adv. S.M.Suryavanshi for plaintiff present.
None present for respondent.
On request of advocate for plaintiff, adjd. to 04.03.2019.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Adv. S.M.Suryavanshi for plaintiff present and filed copy of order passed by Hon\''ble Registrar (II) of Hon\''ble High Court in First Appeal St.No.8224/2018 with list.
As court is busy in hearing argument in other three expedited notice of motions, hence adjourned to 10.04.2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Adjd
Next Purpose: ORDER
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Next Purpose: ORDER
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Adv. S.M.Suryavanshi for plaintiff present.
For want of time, as court is busy in other old and urgent matters, this application is adjourned to 03.05.2019 for orders.
Next Purpose: ORDER
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Adjd
Next Purpose: ORDER
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: Adv. Mr. Manisha Futane for the DH present.
Adv for the D/H seeks adjournment. Granted.
Matter is adjd. to 28.06.2019.
Next Purpose: ORDER
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv. S. M. Suryawanshi for the decree holder present.
Adv. Kudalkar for Judgment Debtor present.
Matter is adjd. to 12.07.2019 for hearing.
Next Purpose: ORDER
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: None present  for decree holder.
None present  for Judgment debtor.
Matter is adjd. to 6.11.2019 for steps by the decree holder.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. S.M.Suryawvanshi for Decree Holder is present
None present for Respondent.
Matter is adjd. to 21.11.2019 for Hearing.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv.S.M.Suryvanshi for plaintiff present, he tendered FARAD  continuation sheet first appeal St.No.8224/2018.
Heard advocate of plaintiff.
Matter adjd for further argument to 13.01.2019.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv.Suryawanshi for Plaintiff is present, submitted that delay is caused by defendant is condoned in Civil App No.3504/2018 in first Appeal No. 8224/18 no stay has been granted the present proceeding. Request of advocate for plaintiff.
Defendant and his advocate absent.
Matter is adjd.  for further argument to 10/02/2020 .
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Anisha Bendre for D.H is present. She seeks time for further argument. O granted.
Matter is adjd.  for  argument to 30/03/2020.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Business: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present DH.
None present JD.
Matter is adjd. to 03.03.2021 for arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Mr. S. M. Suryawanshi for decree holder.
Application filed by DH for issuance of possession order.
O- other side to say.
ORDER
No say is filed. From the submission made by the ld. advocate  for the DH, it is clear that in the first Appeal No.8224/2018, no stay has been granted to the decree passed by this Court on 11/12/2017. However, the decree of possession is not passed in favour of the plaintiff. In fact, no executable decree was passed in suit No.2135/2012. So, possession warrant cannot be issued. Accordingly, the application stands rejected.
Matter is adjd. to 06/04/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 15.06.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: due to covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: None present.
Matter is adjd. to 20/12/2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Matter is adjd. to 04-02-2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Due to SOP  only urgent matters taken up.
Matter is adjd. to 07.04.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: None present for the parties.
Matter is adjd. to 08-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: None present for the parties.
Matter is adjd. to 20-07-2022 for R/E.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: None present for parties.
Matter is adjd.to 16.09.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 14.11.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Chandrakant for DH present and submitted that the applicant no. 2 is dead, hence he seeks time to bring legal heirs of Deft.no. 2 on record.  Time granted as last chance.
None present for JD.
Matter is adjd. to 17.01.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Court is on Leave.
Hence, Board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: None present for the parties.
Matter is adjourned to 19.06.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: None present for both the parties.
Adjourned for steps to 09.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: None present for both the sides.
Matter is adjourned to 06.11.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: None present for both the parties.
It appears from the roznama that since, many dates nobody is appearing for DH and is taking steps into the matter. Hence, DH is directed to proceed with matter positively.
Adjourned for Taking Steps to 08.02.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: None for both the parties.
Matter is adjourned to 26.04.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: None present for both the parties.
It appears from roznama that DH is not appearing and proceeding with the matter. Hence, matter is kept for order of dismissal.
Matter is adjourned to 15.06.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: None for DH.
Adv. Mr.Kudalkar h/f Adv. Suryavanshi for the JD is present.
KB LO at 12.16 pm
It appears from the roznama that the DH is not appearing in the matter since many dates and even today. He also failed to take the steps to prosecute the above proceeding which is about 5 year old. Hence, proceeding is dismissed in default for want of steps
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-06-2024

Registration Number: 100216/2018
Transfer Date: 01-08-2018
From Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100216/2018
Transfer Date: 01-12-2018
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Registration Number: 100216/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 107647/2018
Filing Date: 22-06-2018
First Hearing Date: 24th August 2018
Decision Date: 15th June 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE