Date: 29-06-2018
Business: Adv.Mr.Gandhi for Plff.present.
Adv.for Plff.tendered original registered N/m No.2388/18 t.o.r.
Adv.Rakesh Kumar for Deft.present.
Plff is directed to take steps for registration of suit.
The Ld.adv.for the defendant sought time to file reply to N/m.
Considering overall circumstances, time is granted to file reply to N/m till 02.07.2018.
Adjd.for N/m reply/hearing on 02.07.2018 at 2.45 pm.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Business: Adv.Mr.Gandhi for Plff.present.
Adv.Mr.Rakesh Kumar for Deft.present.
Adv for defendant filed reply to N/m and compilation of documents t.o.r.
Heard partly.
Adjd.for further hearing on 06.07.2018.
Next Purpose: HEARING
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Adv.Mr.Gandhi for Plff.present.
Adv.Mr.Rakesh Kumar for Deft.present.
On perusal of the record, it came to notice that Caveat Appln.no 491/2018 is lodged relating to the present suit. Today before the court, Adv.Mr.Vijendra Jabara is present. Plaintiff is directed to serve the copy of N/m.and plaint are served upon the Adv.for Caveator.
Adv.for Caveator sought time to file reply.
The Ld.advocate for defendant submitted as well as Caveator submitted that they will file detail reply to N/m on Monday I.e 09.07.2018. It is further agreed that on 09.07.2018 advocate for plaintiff is going to make oral submission on N/m and on 10.07.2018 adv.for defendant and adv.for Caveator going to make submission on N/m. Both the Ld.advocates agreed that the N/m shall be taken up for final hearing.
Adjd.for reply and hearing on 09.07.2018.
Next Purpose: HEARING
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Adv.Mr.Rohan h/f Adv.Mr.Gandhi for Plff.present.
Adv Mr.Shivkumar Mishra h/f Adv.Mr.Jabra for Ceveator present.
Ld.Adv for Ceveator, daughter of Ceveator expired on 08.07.2018. Copy of death certificate is placed on record marked at Exh.A. He also submitted that uncle of adv.on record Mr.Jabra expired yesterday.
On oral request of adv.for plaintiff matter is kept back.
L.O.at 05.00 pm
Adv.Mr.P.D.Gandhi for Plff.present.
Heard Ld.adv.for Plff.
Adjd.for hearing of Adv.for defendant on 10.07.2018.
Next Purpose: HEARING
Next Hearing Date: 10-07-2018
Date: 10-07-2018
Business: Adv.Mr.B.M.Shaikh for Plff present
None for Defendant.
Defendant has also not complied with the order dated 06.07.2018 wherein it was directed that defendant shall file reply on 09.07.2018. Last chance is granted to the defendant to file reply to N/m till 11.07.2018, failing which this court will take up the matter for hearing.
Adjd.for hearing on 11.07.2018 at 2.45 p.m.
Next Purpose: HEARING
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: Adv.Mr.Gandhi for Plff present
Adv.Mr.Rakesh Kumar for Deft present
Heard adv.Mr.Rakesh Kumar. He submitted that he will be arguing on behalf of defendants as well as Caveator along with Adv.Mr.Jibre He also submitted that the daughter of Caveator has expired on 08.07.2018, he could not filed reply on behalf of the Caveator. As per order dated 06.07.2018, the N/m is taken up for final hearing. Considering the fact that the daughter of Caveator has expired on 08.07.2018 as well as sister of defendant no.1, the adjournment is granted strictly by way of last chance as the adv.for defendant and Caveator submitted that they will be filing reply on 16.07.2018 at 2.45 pm.and will be arguing the N/m on the same date itself. The Ld.adv.for defendant submitted that he will not sought any adjournment.
Adjd.for N/m hearing on 16.07.2018 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2018
Date: 16-07-2018
Business: As court is on training matter adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Adv.Mr.Rohan for Plff present
Adv.Mr.Rakesh Kumar for Defendant/Caveator present.
Adv.for Caveator tendered reply to N/m t.o.r.
Adv.for Plaintiff submitted that do not want to file rejoinder.
Heard adv.for Defendant/Caveator.
Adjd.for rejoinder on 26.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2018
Date: 26-07-2018
Business: Adv.Ms.Jalgaonkar Plff present
Adv.Mr.Rakesh Kumar for Deft./Caveator present.
Heard adv.for Deft/Caveator partly.
Adjd.for further hearing on 30.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Adv.Mr.Rohan for Plff.present.
Adv.Mr.Rakesh Kumar for Deft./Caveator present.
Heard further argument of adv.for Deft/Caveator.
Adjd.for further argument on 01.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2018
Date: 01-08-2018
Business: Adv.Mr.Rohan Plff.present.
Adv.Mr.Rakesh Kumar Deft./Caveator present.
Heard further argument of adv.for Deft/Caveator partly.
Adjd.for further argument on 04.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2018
Date: 04-08-2018
Business: Adv.Mr.Rohan for Plaintiff present.
Adv.Mr.Rakesh Kumar for Deft/Ceveater present.
Heard argument of adv.for Defendant/Ceveater.
Adjd.for further argument on 13.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv.Mr.Rohan for Plaintiff present.
Adv.Mr.Shivkumar Mishra for Defendant present.
K.B.L.O.at 4.20 pm
Adv.Mr.Jabra for defendant present.
On oral request of adv.for defendant adjd for further hearing on 21.08.2018. It is also submitted that the Learned advocate for Defendant will complete his argument on next date.
The Ld.adv.for Plff submitted that on next date he will be filing the written notes of argument by giving the copy in advance to the adv.for the defendant. Adjd.for further submission on behalf of adv.for defendant on 21.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2018
Date: 21-08-2018
Business: Adv.Ms.Indira Bhushan for Plff.present.
Adv.Ms.Dipti Pednekar for Deft. present.
On oral request of adv.for defendant adjd.for further hearing on 27.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: None for Plaintiff.
Adv.Mr.Shivkumar Mishra for Deft.present.
Adv.for defendant filed adjournment application t.o.r.and marked at Exh.3
Order below Exh.3
Perused application which is supported by medical certificate and Marriage Invitation card. None appeared for the Plaintiff. For the reasons mentioned in the application adjournment is granted for further hearing of Notice of Motion. Application Exh.3 is allowed and disposed of accordingly.
Adjd.for hearing on 07.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Adv.Mr.Gandhi for Plff.present.
Adv.Mr.Rakesh Kumar for Deft present.
Heard argument of adv.for Defendant.
Adjd.for rejoinder on 14.09.2018.
Next Purpose: REJOINDER
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Business: Adv.Mr.P.D.Gandhi for Plff present.
Adv.Mr.Rakesh Kumar for Deft present.
Today the case is fixed for rejoinder on the N/m by the adv.for the plaintiff. The Ld.adv.for the Plaintiff Mr.Gandhi submitted that he is filing the written arguments. The Ld.adv.for the defendant objected to the same by making submission that if the plaintiff is filing written arguments then he should also be permitted to reply the same and file written arguments. I have perused the compilation of written arguments to be taken on record. Along with the written arguments around 9 documents are filed by the plaintiff. The Learned advocate for Defendant objected for taking on record those documents as no procedure is followed for tendering the document on record and it is not supported by an affidavit. He also submitted that those documents are not part of original plaint and written arguments is the substitution to the contents of main plaint. Under these circumstances, the Ld.advocate for defendant to file the objection in writing. The plaintiff is directed to file affidavit in support of the documents filed along with the written arguments which are Annextures 1 to 8. With these observations the written arugments are taken on record.
The Ld.adv.for the plaintiff submitted that the plaintiffs are not ready to file any affidavit regarding documents and those documents which are filed along with the written arguments should not be taken on record.
Heard adv.for plaintiff. On oral request of adv.for defendant adjd.for fling written arguments on behalf of defendant and Caveator on 26.09.2018.
Next Purpose: REJOINDER
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: H.H.J.is nominated as a Trainer for Mediation hence, board is discharged.
Next Purpose: REJOINDER
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv.Mr.Shaikh for Plff.present.
Adv.Mr.Shivkumar Mishra for Deft present.
On oral request of adv.for defendant adjd.for filing written notes of arguments on 10.10.2018.
Next Purpose: REJOINDER
Next Hearing Date: 10-10-2018
Date: 10-10-2018
Business: Adv.Mr.Parth Zhaveri for Plff present.
Adv.Mr.Zabra for Deft present.
On oral request of adv.for Defendant last chance is granted to file written notes of arguments.
Adjd.for arguments on 16.10.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Adv.Mr.Parth Zhaveri for Plff. present.
Adv.Mr.Chabra for Defts.present.
L.O.at 4.10 pm.
Written notes of arguments filed by defendants t.o.r.
Heard both the sides. The Ld.adv for the Caveator sought time to file written notes of arguments. Last chance is granted.
Adjd.on 20.10.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-10-2018
Date: 20-10-2018
Business: Adv.Mr.B.M.Shaikh for Plaintiff present.
Adv.Mr.Pathak h/f Adv.Mr.Chabra for Caveator present.
The Ld.adv.for the Caveator submitted that the adv.on record is not well. On his oral request last chance is granted to file written notes of arguments on behalf of the Caveator.
Copy to be submitted in advance to the other side.
Adjd.for written notes of arguments on 23.10.2018.
Next Purpose: HEARING
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: Adv.Mr.Shaikh for Plff.present.
Adv.Mr.Shivkumar Mishra for Caveator present.
Today the adv.for Caveator filed written notes of arguments.
Adjd.for orders on 01.11.2018.
Next Purpose: ORDER
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Adv.Mr.Shaikh for Plff.present.
None for defendant.
K.B.L.O.at 04.55 pm.
Dr.Nadim Merchant, Mr.Tahir Trustees of the plaintiffs are present.
As in the present case there is dispute with regard to school and the education of the Children, considering these factors in my opinion, this is a fit case wherein parties to the suit may be benefited if the matter is referred for mediation. The Ld.adv.for the plaintiff submitted that it should be time bound mediation for a very short period. On that ground itself the Plaintiff has consented for mediation. As per the provisions of 89 of C.P.C., this matter is referred to mediation. Parties to the suit attend the District mediation center, Mumbai on 02.11.2018 at 11.00 am. The Ld.Coordinator is requested to allot this matter to trained Judge Mediator.
Matter adjd.for Mediation report on 03.11.2018 at 2.45 pm.
Sheristedar to provide the authenticated copy to adv.for plaintiff.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Adv.Mr.Shaikh Plff.present.
Adv.Mr.Shivkumar Mishra Deft present.
K.B.L.O.at 4.50 pm
Till this time the Mediation report is not received.
Adjd.for Mediator\''s report on 12.11.2018.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-11-2018
Date: 12-11-2018
Business: Trustees of plaintiff present. Adv.absent.
Adv.Ms.Dipti Pednekar for defendant present.
The Ld. Mediator has filed the report submitting that the matter is not settled between the parties. Report is t.o.r.and marked at Exh.3.
Adjd.for order on 16.11.2018
Next Purpose: ORDER
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Adv. Mr.B.M.Shaikh along with Adv.Aslam Shaikh for Plaintiff present.
Adv. Ms.Dipti Pednekar for defendant present.
F.R.S.R.Following order is passed.
ORDER
1 N/m No.2388/2018 stands dismissed.
2 Costs in cause.
Adjd.for directions on 07.01.2019.
Nature Of Disposal: DISMISSED
Disposal Date: 16-11-2018
