Chandan Ramchandra Khedekar +4 moreVsMrs. Snehal Sandeep Khedekar +1 more

Date: 23-08-2018
Business: Adv. Prashant Chavan for plaintiff present
Issue writ of summons through bailiff upon defendants.
Matter adj. for Writ of Summons to 13.11.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: Adv. Prashant Chavan for plaintiff present and filed affidavit of service.
D-1 and 2 with Adv. Ms. Rekha present and filed VP on behalf of D-1 and 2.
Written statement be filed by 5.12.2018.
Matter adj. for Compliance to 05.12.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Adv. Sawant for plaintiff present.
Adv. Dilip Parmar for defendants present.
Time to file written statement by moving precipe is extended by one week.
Matter adj. for Compliance to 21.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2019

Date: 05-12-2018
Business: Adv. Sawant for plaintiff present.
Adv. Dilip Parmar for defendants present.
Time to file written statement by moving precipe is extended by one week.
Matter adj. for Compliance to 21.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2019

Date: 03-01-2019
Business: Not on Board Taken on Board By Precipe
Adv. Ms. Shahajan for D-1 and 2 present and filed application for condonation of delay in filing written statement. She undertakes to serve copy to the other side by next date.
Matter already adj. to 21.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2019

Date: 21-03-2019
Business: wrongly adjourned to Holiday, Hence adjourned to next date
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Adv. Pranav Devkar for plaintiff present.
Adv. Dilip Parmar for defendant present and filed service report along with documents.
Service report along with documents filed by Ld. counsel for defendant.
Ld. counsel for defendant submitted that there has been delay in filing written statement so it may be condoned.
Ld. counsel for plaintiff submitted that he has no objection for condonation of delay.
Matter stands Adj for Written Statement to 26.08.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv. Sawant for plaintiff present.
Adv. Jabila Khan for defendant present and filed W/S. TOR. W/S filed by deft.
Copy of W/s Served to other side.
Adjd to 22/10/2019 for issues.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv. Rachure for plaintiff present.
Adv. Parmar for defendant present.
Court is busy in dictated Judgment in suit no. 5926/07.
Hence, Matter stands Adj for filing written statement to 13.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Plaintiff present.
Adv. pranav Deokar for plaintiff present and filed draft issues.
None present for defendant.
Matter stands Adj for framing issues to 30.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for framing issues to 25.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present.
Perusal of plaint reveals that the dispute raised therein may not be maintainable.
Plaintiffs shall remain present on next date and shall argue on the maintainability of the suit.
The case is adjourned to 26.02.2021 for hearing on maintainability of suit.
Next Purpose: HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Advocate Prashant Chavan for plaintiff present.
The case is adjourned to 08.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of 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.
Next Purpose: HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Matter called out at 11.18 a.m.
Adv. Pranav U. Devkar for petitioner present.
Plaintiff seeking time. Granted.
Adv. for defendant absent.
Matter stands adjourned to 11.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Matter called out at 12.26 p.m.
Adv. Prashant P. Chavan for plaintiff present. He filed application for adjournment. Granted.
None present for defendant.
Matter stands adjourned to 06.12.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Matter called out at 11.37 a.m.
Adv. Prashant Chavan for plaintiff present.
None present for defendant.
At the request of plaintiff\''s Adv. matter kept back.
Later on at 3.06 p.m.
Adv. Prashant Chavan for plaintiff present.
He tendered Draft CS.
O-Leave granted to register.
Draft CS is handed over to the plaintiff for registration.
Matter stands adjourned to 31.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Court is on Leave, Hence Board is Discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Matter called out at 4.10 p.m.
Adv. Prarav Devkar for plaintiff present.
None present for defendant.
Matter stands adjourned to 04.04.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Matter called out at 3.20 p.m.
Adv. Pranav Devkar for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff.
By way of present CS , they are seeking to add Maharashtra Housing and Area Development Authority as a party to the suit. I have perused the pleadings of the plaint. The plaintiff filed suit for partition to which Maharashtra Housing and Area Development Authority is neither necessary nor proper party.
Hence, CS No.15/2022 is rejected.
Costs in cause.
CS No.15/2022 is disposed of accordingly.
Put up the matter for issues.
Matter stands adjourned to 04.07.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Pranav Devkar for plaintiff present.
None present for defendant.
Matter stands adjourned to 23.08.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Pranav Devkar for plaintiff present.
None present for defendant.
Matter stands adjourned to 11.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Pranav Devkar for plaintiff present.
None present for defendant.
Matter stands adjourned to 23.01.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Pranav Deokar for plaintiff present. He is seeking time to argue on issues.
None for defendant.
Matter stands adjourned on 18.02.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Adv. Pranav Devkar for plaintiff present. He tendered draft issues. TOR.
None for defendant.
Issues framed below Exh-07.
ISSUES
1. Do the plaintiff prove that they are prevented by defendant Nos.1 and 2 to effect the partition.
2. Whether the plaintiff have cause of action to file the suit?
3. Whether the suit is maintainable?
4. Are the plaintiff are entitled for relief sought?
5. What order and decree?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
On perusal of plaint it appears that this suit is filed by plaintiff No.3 a/w his brothers and sisters against wife and daughter. The plaintiffs are seeking declaration and partition. Thus, there are issues of maintainability and cause of action. Thus, Issue no.2 and 3 are being capable of being dispose off under Order-14 Rule-2 of CPC. This issues be treated as preliminary issues.
Plaintiff are directed to argue on the issue of cause of action and maintainability.
Matter stands adjourned on 01.04.2023 for hearing on Preliminary issues.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Plaintiff No.1 a/w Adv. Pranav Devkar present. He tendered application for withdrawal for suit. TOR. Exh-08.
None present for defendant.
Plaintiff No.1 is present, plaintiff Nos.2 to 5 are absent. Hence, matter is kept in Lok Adalat.
Matter stands adjourned on 30.04.2023 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK-ADALAT HELD ON 30.04.2023- (Panel-1)
PANEL HEAD - H.H.J. SHRI. S.N. PATIL
PANEL MEMBER - DR. RASIK WARBHUWAN
Matter pertaining to C.R.No.3
Plaintiff nos. 1 to 5 are present.
Adv. Pranav Devkar for plaintiff present. He identified parties. Plaintiff seeks permission for withdrawal of the suit in terms of settlement. Permission granted. Award is marked at Exh.9.
Suit stands withdrawn.
Court fees be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-04-2023

CHAMBER SUMMONS/100015/2022

Filing Number: 108408/2018
Filing Date: 27-06-2018
First Hearing Date: 23rd August 2018
Decision Date: 30th April 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE