Mr. Rajesh Mohan Kale +3 moreVsMr. Janardhan Khandu Kale +1 more

Date: 11-09-2019
Business: Matter called out(12.19pm)
Adv.H.S. Tafti for plaintiff present.
Adv.Sharad W. for defendant no. 2 present filed vakalatnama.
Fresh writ of summons to be serve defendant no.1. Adv. for def.no.2 seeking time to file written statement. Time granted.
Matter adj for written statement on 30/09/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: PO IS ON LEAVE.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Matter called out at 12.38 p.m.
Advocate H. S. Taffi for plaintiff present
Advocate Parag Kolhe for Defendant no.1 present.
Advocate Mr. Sharad Wakchaure for Defendant no.2 present and filed Written statement, t.o.r.   Copy supplied to the other side.
Advocate for Defendant no.1 seeking time to file written statement.  time granted.
Matter is adjd. to 17/12/2019 for written statement by Defendant no.1.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Matter is called out at 12.13pm
Adv.H.S.Tafti for plaintiff present.
Adv.Parag Kothe for defendant no.1 present filed vakalatnama (Exh-7) and written statement.(Exh-8).T.O.R
Copy serve to the plaintiff.
Matter is adj to 28/02/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Matter is called out at 12.26pm
Adv.H.S.Tafti for plaintiff present.
Adv.Parag Kothe for defendant no.1 present.
Adv.Sharad Wakchaure for defendant no.2 present.
Adv. for defendant no.2 tendered draft issues. T.O.R
Matter is adj to 23/04/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Court is on leave. Hence, matter is adjd.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Adv. H. S. Tapasi for plaintiff present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 22.02.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv. H. S. Tafti for plaintiff present.
None for defendants.
Ld. Adv. for the plaintiff orally submits that he intends to file appropriate application for adding MHADA as a party to the suit and seeks time.  On oral request of Ld. Adv. for plaintiff matter is adjourned.
Adjd to 03.05.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Adv. Tafti for plaintiff present and sought adjournment that the plaintiff desires to take steps to implead MHADA in suit.
None for defendant.
Adjournment granted as last chance.
Adjd for framing issues 14/12/2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. For plaintiff present.
Adv. For plaintiff stated that he will withdraw the suit.
Adjd for framing issues to 23/12/2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. Ramesh Palve For plaintiff present.
Plaintiff No. 1 to 4 present and stated that they want to withdraw the suit.
None for defendants.
Exh-9 Application filed by adv. For plaintiff for withdrawal of suit under order XXIII rule 1 (3) of CPC. O- Other side to say.
Adv. For plaintiff stated that he has served the copy of application to defendants. Plaintiff to file affidavit of service to the defendants.
Adjd for affidavit of service to 04/04/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Adv. Sharad Wakchoure for defendant No. 2 present.
Adv. Ramesh Palve for plaintiff present.
Adjd for affidavit of service to 19/07/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Ramesh Palve a/w plaintiffs no. 1,2 and 3 present and he not pressed application Exh. 9. Hence, application Exh. 9 is disposed off.
None for defendant
Matter is adjd.to 16-09-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Subhash Jaiswal for plaintiffs present.
Adv.  Shailesh Waghchaure for defendant  no.2 and filed draft  issues  t.o.r.
Defendant no. 1 in person present.
Issues Framed - Exh.10
Matter is adjd.to  28-11-2022 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Subhash Jaiswal for plaintiffs a/w plaintiff no. 1 present and prayed for adjournment  - allowed
Adv. Sarad Waghchaure  for defendant no. 2  present.
None for defendant no. 1
Matter is adjd.to 13-01-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. Subhash Jaiswal for plaintiff present and prayed for adjournment  - allowed
Adv. Ravindra Pardeshi for defendant no. 2 present.
Matter is adjd.to 17-02-2023 for evidence of plaintiff .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. Subhash Jaishwal for plaintiffs present and prayed for adjournment  - allowed
Adv. Sharad Waghchaure for defendant no. 2 present.
None for defendant no. 1
Matter is adjd.to 13-04-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv. Ramesh Palve a/w  plaintiffs  present and filed evidence affidavit of PW - 1  Rajesh Mohan Kale t.o.r. marked as Exh.11
He also filed list of documents t.o.r. marked as Exh.12
Adv. Sharad Waghchaure  for deft. no. 2  present and received copy of Exh. 11 and Exh. 12.
None for defendant no. 1
Matter is adjd.to 27-06-2023 for say on documents and evidence of PW - 1 Rajesh  on Exh. 11.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: None for plaintiff present.
Adv. Sharad Wakchoure for defendant no. 2 present and seek time to file say on Exh 12. Time granted till next date.
Defendant present.
Matter adjourned to 14/09/2023 for say/R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: None For plaintiff present.
Adv. Hassan Khan for defendant no. 2 present and filed say on compilation of document filed by plaintiff.  TOR. And marked as Exh. 13.
Defendant no. 1 in person present.
Matter adjourned for hearing on Exh. 12 and R/E to 05/12/2023.
L. O
Adv. Subhash Jaiswar for plaintiff present.
Already matter adjourned to 05/12/2023.
Next Purpose: HEARING
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Adv. Subhash Jaiswar for plaintiff present and seek adjournment for filing recording evidence. O-Adjournment granted.
Adv. Ahmed Javed for defendant no. 2 present.
Matter adjourned for R/E to 28/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Adv.  Subhash Jaiswal for plaintiff present and seek time for filing withdrawal of suit. Time granted till next date.
plaintiff present.
Adv. Parag Kate for defendant no. 1 present.
Adv. Sharad Waghchaure for defendant no. 2 present.
Matter adjourned for Recording evidence/withdrawal of suit to 02/04/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: None for plaintiff present.
Adv. Sharad Waghchaure For defendant no. 2 present.
Defendant in person present.
Plaintiff failed to lead evidence. Moreover for record shows that on last date, the plaintiff sought time to withdraw the suit. It means the plaintiff has no interest to proceed the suit. Hence suit is kept for dismissal order to be passed for want of prosecution.
Matter adjourned for dismissal of suit to 11/06/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: PO is on leave, Hence Matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Plaintiff in person present.
Adv. Sharad Wakchoure for defendant no.2 present.
L. O.
Adv. Amit Jaiswal for plaintiff present and filed an application at Exhibit-14 to withdraw the suit. Taken on record.  O- Defendant to say on Exhibit-14.
plaintiff no. 1 and 4 in person present.
Adv. Parag Kathe for defendant no. 1 present and seeks time to file reply on Exhibit-14. Time granted till next date.
Matter adjourned for reply on Exhibit-14 to 04/09/2024.
Next Purpose: REPLY
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Subhash Jaiswar For plaintiff present.
Adv. Vrushali Shirdhankar i/b Sharad Waghchaure for defendant no.2 present.
Court is busy in other matter.
Matter adjourned for reply to 29/11/2024.
Next Purpose: REPLY
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Not on board. Taken on board.
Matter be referred to Lok-adalat.  Issue notice to both  parties to appear before Lok-adalat.
Matter adjourned for Lok-adalat to 28/09/2024.
Next Purpose: REPLY
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: NATIONAL LOK-ADALAT HELD ON 28.09.2024 (Panel-6)
Matter pertains to C.R. No. 66
Parties and their respective advocates are absent.
Hence settlement is not possible.
Matter not settled in Lok Adalat. Matter sent back to regular court at same stage before reference to Lok Adalat.
Matter is adjourned to 29.11.2024
  Adv. Aarif Ali Musharraf Ali                         HHJ. Prashant C. Kale
        Panel Member                                                        Panel Head
Next Purpose: REPLY
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: Adv. S. H. Singh  a/w Sanjay Yadav For plaintiff present.
Adv. Vrushali Shirdhankar i/b Wakchoure for defendant no. 2 present.
Matter adjourned for reply to 26/03/2025.
Next Purpose: REPLY
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: Adv. Amit Jarwer for plaintiff present.
Adv. Parag Kathe for defendant no. 1 present. He filed reply on Exh.14. Marked as Exh.15.
Defendant no. 2 failed to file reply hence application Exh.14 is proceeded without reply of defendant no. 2.
Adv. for plaintiff seeks time to argue on Exh.14. Time granted till next date.
Matter adjourned for argument  to 17.06.2025
Later on
Adv. Rasika Chaudhauri h/f Adv. Sharad Wackchoure for defendant no. 2 present. (In Afternoon Session)
Matter already adjourned for argument  to 17.06.2025
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: P. O. is on leave, matter adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: None  for plaintiff present.
Adv. Abhishek Maurya h/f Sharad Wakchoure for defendant no. 2 present and submitted that he has no objection if the plaintiff withdraw the suit.   Kept back..
Later on..
Adv. Amit Jaiswar for plaintiff present.
Adv. Parag Kathe for defendant no. 1 present.
Adv. Abhishek Maurya h/f Sharad Wakchoure for defendant no. 2 present.
Heard Ld. Advocate for the plaintiff on Exhibit-14.
Heard Ld. Advocate for the defendant no. 1 and 2 on Exhibit-14.
Matter adjourned order below Exhibit-1 and 14 to 27/06/2025.
Next Purpose: ORDER
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: None present. Kept back..
Later on..
Adv. Amit Jaiswar i/b Subhash Jaiswar for plaintiff present.
Adv. Parag Kathe for defendant no. 1 present.
Matter adjourned for order on Exhibit-14 to 07/07/2025.
Next Purpose: ORDER
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: PO is on leave, hence matter adjourned
Next Purpose: ORDER
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: None present.
Kept Back.
Later on.
Adv. Subhash Jaiswal for plaintiff present.
The plaintiff filed application at Exh.14  and prayed to withdraw the suit, all the plaintiff no. 1 to 4 are present before the court they all are admitted that they want to withdraw the suit. Gone through the say of defendant filed at Exh.15 considering the fact that the plaintiffs do not want to proceed with the matter therefore permission granted to withdraw the suit.
In the result following order is passed.
1.Suit is disposed off as withdrawn.
2.Court fees be refunded to the plaintiff as per rules.
3.No order as to costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-07-2025

Registration Number: 102320/2019
Transfer Date: 19-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102320/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 108243/2019
Filing Date: 25-07-2019
First Hearing Date: 11th September 2019
Decision Date: 23rd July 2025
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE