Date: 13-08-2018
Business: Adv. Vaibhav Joshi for plaintiff present.
As per the office objection it appears that plaintiff has paid the proper court fees.
Time extended for service of writ of summons.
Matter adj. for Writ of Summons to 26.10.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Adv. Sherin Shaikh for plaintiff present and filed original writ of summons.
Adv. Ms. Kamble for defendant present and filed VP and written statement. Copy served to other side. She waives service of writ of summons.
She seeks time to file reply to the NM. Time granted.
Matter adj. for NM Reply to 20.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv. Pratik Salvi for plaintiff present.
Adv. Ms. Harshad Kamble for defendant present and seeks time to file reply in NM. Time granted as a last chance to file reply.
Matter adj. for NM Reply to 25.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Pratik Salvi present for Plaintiff.
Adv. Harshada Kamble present for Defendant and filed reply to the Notice of Motion t.o.r. and copy served to other side.
As the Court is busy in Hearing Arguments of Notice of motion in Suit No. 7488/83, hence Board is Discharged
Case is adjourned to 27/9/2019 for N/M. Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: R and P not traceable.
Advocate Kunal Rane for Plaintiff present
Advocate Sagar Kamble for Defendant present
Case is adjourned to 05/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Advocate for Plaintiff present
Advocate for Defendant present
Both learned lawyers submitted that as court is busy in Judgment, matter may be adjourned.
Case is adjourned to 13/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate Mr. Kunal Rane for Plaintiff present and submitted that the court can restore the possession as interim relief in a suit filed u/s 6 of Specific Relief Act. Plaintiff advocate submitted that he will produce on next date the case laws to that effect. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 04/03/2020 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: None present for Plaintiff.
None present for Defendant.
K.B.
L.O. at 2.45 p.m.
Advocate Mr. Kunal Rane for Plaintiff present.
Advocate Mr. Ritesh Jadhav h/f Adv. Sagar Karande for Defendant no.1 to 3 present and filed an application for adjournment on the ground that Defendant\''s advocate who is going to argue NM is suffering from viral fewer t.o.r. O-Considering ground of illness of advocate for Defendant, matter is adjourned for Defendants argument about Notice of Motion.
Plaintiff\''s advocate field one case law in support of his argument.
Case is adjourned to 02/04/2020 for NM hearing by Defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020
Date: 24-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020
Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv Ms.Deeplai Patankar appeared for plff and filed V.P. at Exh.5 along with NoC of previous advocate of the plff.
Adv Ms. Harshada Kamble for deft present and seeks adjournment.
By consent, matter is adjd. for NM hearing to 24.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None present for both the parties.
Considering the present Pandemic Condition, matter adjourned for Nm hearing to 25/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: None present for both the parties.
NM.No.2569/18 was argued before my ld. Predecessor partly. Parties to re-argue said NM on account of change in assignment.
Matter is adjd. for NM hearing to 16.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv Ms. Patankar for plff present.
Adv Ms. Kamble for deft present and seeks adjournment by submitting that adv. on record is not available to argue NM No.2569/2018 today. Adv for the plff has no objection.
By consent, matter is adjd. for NM hearing to 21.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 10-02-2022
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv Rupali Patankar for plff present and mentioned the matter in the morning session. She seeks adjournment to take steps.
Matter is on the board of afternoon session hence, kept back.
L.O. at 3.10 p.m.
Son of deft No.2 present and seeks adjournment by submitting that adv for deft is unable to attend this Court today.
Matter is adjd. for steps and NM hearing to 17.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Court is on leave hence adj
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Deepali Patankar for plaintiff present. she filed draft Ch/s. alongwith affidavit TOR O- Leave granted to register the Ch/s.
K.B.
L.O. 2.55 pm.
Adv. Sagar Kamble for all defendants present. he submits that Def. No. 1 has expired but plaintiff has not taken steps for taking legal heirs for record. He filed application seeking direction for amendment in the plaint TOR marked as Exh.6.
Order- Plaintiff to take necessary steps.
Matter adjd to 11.10.2022 for reply on Ch/s.
Judge
Next Purpose: REPLY
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: None present for plaintiff.
Adv.Harshada Kamble for defendants present.
Plaintiff has not registered ch/s. Hence, ch/s.is kept for order. Adv.for defendants submits that copy of chamber summon is not served on the defendant. Plaintiff to comply with the same.
Matter adjd to 20.12.2022 for reply in ch/s./order in ch/s.in default to register it.
Next Purpose: REPLY
Next Hearing Date: 20-12-2022
Date: 11-10-2022
Business: None present for plaintiff.
Adv.Harshada Kamble for defendants present.
Plaintiff has not registered ch/s. Hence, ch/s.is kept for order. Adv.for defendants submits that copy of chamber summon is not served on the defendant. Plaintiff to comply with the same.
Matter adjd to 20.12.2022 for reply in ch/s./order in ch/s.in default to register it.
Next Purpose: REPLY
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: REPLY
Next Hearing Date: 31-01-2023
Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: REPLY
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: None present for both sides.
Read the roznama dated 11.10.2022. Registered chamber summons is not tendered by the plaintiff. It is also not served on the defendant. The plaintiff failed to proceed with the draft chamber summons, hence, chamber summons filed on 29.07.2022 is dismissed for default. It be registered for statistical purposes.
Matter adjd to 05.04.2023 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Adv.Atul Sonawane h/f.Adv.Dipali Patankar for plaintiff present.
Adv.Harshada Kamble for defendants present.
Adv. for the plaintiff requested for time to take steps. Read the application Exh.6. Read the copy of death certificate. Defendant No.1 has expired on 17.04.2020. Suit is already abated against defendant No.1.
Matter adjd to 11.07.2023 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Adv. Bhimrao Powar for plaintiff present and filed vakalatnma t.o.r. marked as Exh.6
Adv. Harshada Kamble for defendant present.
Matter is adjd.to 28-08-2023 for NM Hrg.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Court is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Harshada Kamble for defendant present.
Matter is adjd.to 24-11-2023 for NM Hrg.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Adv. Bhimrao Powar plaintiff present.
None present for defendant.
Matter is adjourned to 21-12-2023 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Sagar Kamble for defendants no. 2 and 3 present.
Matter is adjourned to 26-02-2024 for NM Hrg.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Sagar Kamble for defendants no. 2 and 3 present.
By consent matter is adjourned to 24-04-2024 for NM Hrg.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Sagar Kamble for defendant present.
Matter is adjourned to 09-07-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2024
Date: 24-04-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Plaintiff alongwith her Adv.Bhimrao Powar is present and filed withdrawal application. It is taken on record and marked as Exh.7
Adv. Harshada Kamble for all defendant is present and filed her reply below the application itself.
Order below Exh. 7
Today plaintiff has filed application for withdrawal of suit against defendants with liberty to file fresh suit
The defendants have given no objection for allowing the withdrawal of suit. The present suit is for the perpetual injunction and recovery of possession of suit premises. However, it is not cleared by the plaintiff the nature of fresh suit which she wants to file against defendants. Therefore, taking into consideration the peculiar fact of no objection of defendants and absence of nature of proposed suit I think fit that this is not the fit case where liberty to file fresh suit can be granted, so in the result following order is passed.
ORDER
1. The application (Exh-7) is allowed.
2. Suit No. 1904 of 2018 is hereby withdrawn cum dismissed for want of prosecution.
3. In view of withdrawal of suit, Notice of Motion No.2569 of 2018 does not survive, so it is disposed of.
4. Court fees be refunded to the plaintiff if she is entitled for the same as per rules.
5. Bill of cost be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-09-2024
