Date: 04-09-2019
Business: the court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Ghuge for plaintiff present.
Defendant no. 2 present in person and filed original NM 2740/19 along with affidavit.
Matter stands Adj for reply to NM on 25.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Ghuge for plaintiff present.
Defendant no. 2 present.
Adv. Mala Shetye for defendant no. 4 present.
Matter stands Adj for reply to 20.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Manan Bindora for plaintiff present and sought adjournment for filing reply to NM. Adjournment granted as a last chance.
Adv. B. B. Malashetye for defendant present.
Heard both sides.
Matter stands Adj for filing reply to NM on 10.02.2020.
Next Purpose: REPLY
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 06-04-2020
Date: 06-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Main suit is adjourned to 02.12.2020
Next Purpose: REPLY
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to 30.01.2021.
Next Purpose: REPLY
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: None present.
The case is adjourned to 23.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Advocate Ms. Amruta Kunjan for plaintiff present and filed reply on NM No.2740/19. TOR.
None for defendant.
The case is adjourned to 10.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Matter called out at 3.48 p.m.
Adv. Lalita Savekar for plaintiff present.
None present for defendant.
Hence, Issue notice of appearance to the defendants through bailiff.
Matter stands adjourned to 15.11.2021 for appearance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Matter called out at 3.33 p.m.
Plaintiff in person present through her Adv. Amruta Kundap h/f Kulkarni and Associates.
Deft. No.2 in person present.
Plaintiff supplied copy of NM No.956/19 to the defendant in person.
Defendant No.2 seeking time. Time granted by way of last chance.
In the vent of failure to proceed with the NM either by defendant No.2 and 4, this court will pass dismissal order.
It appears that NM No.956/19 is already disposed of.
Matter stands adjourned to 07.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Matter called out at 4.48 p.m.
Adv. Lalita Savekar h/f Kulkarni and Associates for plaintiff present.
Adv. Sakshi Agarwal for Deft. No.2 and 3 present. She tendered VP. TOR. Exh.5.
Heard both the sides on NM No.2740/19.
Perused NM.
Admittedly the defendants were served on 23.08.2018, however, the defendant appeared in the matter and inspite of granting sufficient time they have failed to file WS. During course of argument Ld. Advocate fairly conceded that if this court is of view of condone the delay then cost may be imposed.
Admittedly the suit is for partition and not proceeded further and trial is yet to begin. Thus, looking to the nature of proceedings, it is desirable that the suit should be decided on merit. The inconvenience caused can be compensated by awarding reasonable cost.
Thus, I pass the following order.
NM is allowed in terms of prayer clause (a) and (b) subject to payment of total amount of Rs.2500/- by the defendants to the plaintiff.
Upon payment of the cost defendant are allowed to file their WS will be taken on record.
Costs in cause.
NM is disposed of accordingly.
Cost paid.
WS taken on record.
Matter stands adjourned to 31.03.2022 for issues.
Nature Of Disposal: ALLOWED
Disposal Date: 07-01-2022
