Date: 24-09-2018
Business: None present for the plff.
The plff has failed to file proof of service of writ of summons of the deft .
Matter is adjd. to 4.02.2019 for proof of service of writ of summons of the deft or for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: None present for the Plaintiff.
The plff. has not taken steps to secure the presence of the deft. in the suit. Hence, matter adjd. for steps by the plff. or for dismissal order to 18.02.2019.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Resumed.
Adv. Savina Crasto for plaintiff tendered affidavit of service.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adv. Chirag for defendant tendered vakalatnama for def.
The P.O. is busy in recording evidence in suit no. 8978/2000.
Adjd for written statement to 22.04.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Matter not traceable.
Plff present. His advocate absent.
Advocate Ms. Shivangi Rai for Defendant present and submitted that Written Statement is ready for tendering it to the Court, however as the matter is not traceable Defendant is directed to file Written Statement on next date.
Case is adjourned to 12/06/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Advocate for Plaintiff present
Advocate for Defendant present and filed Written Statement, t.o.r.
Court is busy in recording evidence in suit no.1265/1994 and suit no.6771/2004, hence case is adjourned to 07/08/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Advocate for Plaintiff present and filed draft issues, t.o.r.
Court is busy in recording evidence in suit no.305/88 and suit no.569/05, hence case is adjourned to 14/10/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Court is busy in recording evidence in suit no.6775/00 and court has to dictate Judgment in suit no.3856/99 and suit no.3857/99, hence case is adjourned to 18/12/2019.
L.O.
Advocate Shivangi Roy for Defendant present and submitted that Written Statement of Defendant is already on record. Stage of the case stands corrected. Advocate for Defendant filed draft issues, t.o.r.
Case is already adjourned to 18/12/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Advocate Ms. Savina Crasto for Plaintiff present
Advocate Ms. Shivangi Roy for Defendant present
Advocate for Plaintiff and Defendant submitted that they have already filed draft issues.
Case is adjourned to 24/02/2020 for settlement of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Advocate Savina Crastino for Plaintiff present
Advocate Bhume Katira for Defendant present
Court has to dictate Judgment in suit no.3677/11, hence case is adjourned to 19/06/2020 for settlement of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 08/01/2021 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for the Plaintiff.
Adv Ms.Bhoomi I/b Diwani Asso. for defendant present.
Court is busy in other matters hence, matter is adjd. for framing of issues to 07.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for the plaintiff.
Adv.Trivedi for defendant present.
Court busy in other matters hence, for want of time, matter adjourned at same stage to 30.06.2021.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plff.
Adv Mr.Arjun Dev for deft present.
Issues framed at Exh.
Matter is adjd. for list of witnesses to 10.11.2021.
Judge
L.O. at 12.25 p.m.
Adv Mr. Pawankumar h/f Adv Savina Crasto for plff present.
Already adjd to 10.11.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv Ms. Savina present for plff.
Adv Mr. Arjun Deo present for deft.
Both ld. Advocates seek time to file list of witnesses.
By consent, matter is adjd. for list of witnesses to 04.01.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None present for plff.
Ld Adv. Ridhi Javeri i/b Dewani Associates present for deft and filed list of witness at Ex.09 on behalf of the deft.
Plff failed to file list of witness.
Matter is adjd. for Evidence to 02/04/2022.
Judge
LO 12.00pm.
Plff present in person with his advocate Ms. Savina and filed list of witnesses at Exh.10.
Affidavit in lieu of examination of chief of PW-1 John Philip Crasto filed at Exh.11.
Adv for plff produced 10 documents with list Exh.12.
Matter is adjd. for Evidence to 02/04/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2022
Date: 02-04-2022
Business: Holiday
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: None present for plff.
Adv Mr. Arjun Dev for deft present.
Matter was kept on 02.04.2022 which was holiday. It is taken up on todays board.
As nobody is present for the plff today and as date of holiday was given by mistake, matter is adjd. at same stage till next date.
Adv for deft submitted that copies of evidence and documents produced with list Exh.12 are not served on deft by the plff till date. Plff is directed to serve copies of evidence and documents on adv for deft. on or before next date.
Matter is adjd. for compliance and reply of deft about admission denial to 09.06.2022.
Judge
L.O. at 11.40 a.m.
Adv Ms. Avina Crasto for plff present and submitted that deft has not served list of witnesses on the plff till date.
Deft to serve copy of list of witnesses on the adv for plff on or before next date.
Adv for plff submitted that she will serve copies of evidence and documents on the other side before next date.
Already adjd. to 09.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Plaintiff present.
Adv.Savina Crasto i/b.Right and Rights for plaintiff present.
Adv.Arjun Dev for defendant present.
Copies of evidence and documents are furnished to the defendant.
Matter adjd to 07.07.2022 for say on document and hearing on admissibility of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv.Savina R. Crasto for plaintiff present.
Adv.Arjun Dev i/b. Dewani Associates for defendant present.
KB
LO at 01.50 pm,
Adv.Savina R. Crasto for plaintiff present.
Adv.Arjun Dev i/b. Dewani Associates for defendant present. He requested time. Time adjourned.
Matter adjd to 23.08.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: BY PRECIPEE (Exh.10)
Adv. Savina R. Crasto for plaintiff present and filed application for taking case on today’s board. TOR and marked as Exh.10.
O- Allowed to take case on today’s board.
Adv. for plaintiff also filed application seeking permission to file additional affidavit of evidence T.O.R. and marked as Exh.11.
O- Other side to say.
Adv. for plaintiff also filed additional affidavit of examination in chief alongwith additional list of documents. Kept for order.
Matter already adjd to 23.08.2022 for reply.
Judge
Next Purpose: REPLY
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Date: 06-10-2022
Business: Plaintiff present.
Adv.Arjun Dev i/b.Devyani Associates for deft. present.
Read the roznama dated 03.08.2022, Exh.10 and Exh.11 are corrected as Exh.13 and Exh.14.
Adv. for deft. filed say on list Exh.12 t.o.r. and marked as Exh.15.
The plaintiff declined to accept the copy of reply. Copy of reply is kept on record.
KB
LO at 01.00 pm
Adv.Savina R. Crasto for the plaintiff present.
Adv.Arjun Dev i/b.Devyani Associates for deft. present.
Copy of reply Exh.15 is received by plaintiff.
The plaintiff furnished copies of documents filed a/w. additional evidence to the advocate of defendant.
Matter adjd to 09.11.2022 for say on application for leading evidence and say on documents.
Next Purpose: REPLY
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Plaintiff present.
Adv.Savina R. Crasto for plaintiff present.
Witness present.
Adv.Arjun Dev i/b.Dewani Associates for defendant present. He filed say on application for leading evidence Exh.14. Heard.
Order on Exh.14
The plaintiff is allowed to lead additional evidence.
The additional affidavit filed by the plaintiff on 03.08.2022 is verified and affirmed today.
Original affidavit Exh.11 and additional affidavit Exh.16 are read and recorded.
The additional list of documents is t.o.r. and marked as Exh.17.
The defendant also filed say on additional list of documents Exh.17. As the document is admitted by the defendant, hence, certified copy of record and proceeding in RAE and R in Suit No.693/1038 of 2010 is marked as Exh.18.
Matter adjd to 04.01.2023 for hearing on plaintiff\''s documents.
Next Purpose: HEARING
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Plaintiff present.
Adv.Dakshata Sawant i/b.Devani Associates for defendant present. She orally requested for adjournment.
Plaintiff requested to keep back as his advocate is coming.
KB
LO at 11.25 am
Adv.Savina R. Crasto for plaintiff present.
Adv.Dakshata Sawant i/b.Devani Associates for defendant present.
Heard Adv.for plaintiff on documents.
On oral request of defendant, matter adjd to 15.03.2023 for defendants submission/order on documents.
Next Purpose: ORDER
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Plaintiff present.
Adv.Arjun Dev i/b. Devani Associates for defendant present.
Heard the Adv.for the defendant on documents.
Matter adjd to 25.04.2023 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Plaintiff alongwith Adv. Savina Crasto present.
Adv. Dakshata Sawant for defendant present.
Advocate for plaintiff filed pursis submitting the copy of order dated 21.04.2023, by which this suit is expedited. TOR. Exh.19.
Kept back for order.
Later on at 4.45 p.m.
ORDER REGARDING EXHIBITION OF DOCUMENTS AT EXH.12
The document at Sr.No.1 (page No.1) is the family tree chart. Read the contents of paragraph No.1 of the affidavit of evidence. The document is admitted by the defendant, hence, it is marked as Exh.20.
The document at Sr.No.2 (page No.2-3) is the certified copy of the property register card. Read the contents of paragraph No.2 of the affidavit of evidence. The document is admitted by the defendant, hence, it is marked as Exh.21.
The document at Sr.No.3 (page No.4-16) is the certified copy of the Will dated 22.08.1981 of Mrs. Remediana Crasto probated on 29.03.1981. Read the contents of paragraph No.4 of the affidavit of evidence. The document is admitted by the defendant, hence, it is marked as Exh.22.
The document at Sr.No.4 (page No.17) is the bank statement of Bank of Baroda. It doesn\''t bear the signature and seal of the bank. It has no certificate of the bank. Hence, it is marked as Article-X.
The document at Sr. No.5(page No.18-19) is the cheque book with counterfoil. Read the contents of paragraph No.8 of affidavit of evidence (Exh.11). Document is in handwriting of the witness. It is admitted and marked as Exh.23.
The document at Sr. No.6 (page No.20-21) is the letter dated 11.08.1990. Read the contents of paragraph No.9 of affidavit of evidence. It is admitted and marked as Exh.24.
The document at Sr. No.7 (page No.22-29) is the original memorandum of understanding. Read the contents of paragraph No.10 of affidavit of evidence. It is admitted and marked as Exh.25.
The document at Sr. No.8 (page No.30) is the letter dated 11.08.1990. Read the contents of paragraph No.11 of affidavit of evidence. It is admitted and marked as Exh.26.
The document at Sr. No.9 (page No.31) is the letter dated 11.08.1990 issued by Mr. Philip Crasto. Read the contents of paragraph No.11 of affidavit of evidence. It is admitted and marked as Exh.27.
The document at Sr. No.10 (page No.32) is the photocopy of sketch plan. Read the contents of paragraph No.25 of the affidavit of evidence. The document is admitted by the defendant, hence, it is marked as Exh.28.
Matter adjd to 21.06.2023 for Cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: BY PRECIPEE (Exh.29)
Adv.Ms.Savina Crasto for plaintiff present and filed application for taking case on todays board. Application is taken on record and marked as Exh.29. Case is allowed to be taken on today\''s board.
Application filed by plaintiff for issuance of witness summons. Application is TOR and marked as Exh.30. O-Keep for consideration of schedule date.
Matter already adjd to 21.06.2023 for cross of PW-1 and say on Exh.30.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Plaintiff a/w. Adv. Savina R. Crasto present.
Adv. Arjun Dev for defendant present.
Matter is adjd.to 11-07-2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Shyam Dewani for defendant present.
cross-examination of pw- 1 by Adv. Shyam Dewani for defendant commenced
On the request of the plaintiff further cross-examination is deferred.
Matter is adjd.to 25-07 -2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Court on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Plaintiff inperson present his advocate absent.
Adv. Arjun Dev for defendant present.
Matter is adjd.to 23-08-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. Ravina R.Crastp for plaintiff present.
Adv. Arjun Dev for defendant is present.
Further cross examination of PW-1 is recorded.
Matter is adjd.to 06/09/2023 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Arjun Dev for defendant present.
The plaintiff today filed additional affidavit t.o.r. marked as Exh.31 along with compilation of documents t.o.r. marked as Exh. 32. In view of the cross examination conducted by the Ld. Counsel for defendant. The Ld. Counsel for defendant received copy of the said affidavit along with compilation of documents. He would seek time to cross examine the PW - 1 since he has to go through the various documents produced by PW - 1 today. Hence, the matter adjourned for further cross examination of PW - 1
Matter is adjd.to 16-09-2023 for further cross examination of PW - 1
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Arjun Dev for defendant present.
PW -1 present.
With consent of both sides matter is adjourned to 20-09-2023.
Matter is adjd.to 20-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Adv. Sevina Crasto for plaintiff present.
Adv. Arjun Dev i/b Dewani Associates for defendant. He cross-examined PW-1 partly.
on the request of the defendants counsel, further cross examination is deferred till next date 11-10-2023
Matter is adjd.to 11-10-2023 for cross-examination of
PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Adv. Savina Crasto for plaintiff present.
Adv. Darshan Doshi for defendant present and filed adjournment application t.o.r. marked as Exh.33 O- Other side to say.
PW-1 is present.
After considering the matter in during the presence of PW -1 who is a senior citizen before this court application stands allowed subject to payment of Rs. 500 pay to the defendant.
Matter is adjd.to 03-11-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Savina Crasto a/w plaintiff present and received cost as per roznama dtd. 11-10-2023
Adv. Arjun Dev for defendant present and filed pursis taken on record marked as Exh.34
PW -1 present to face cross examination by the opposite party. The Ld. Counsel for defendant would make submission that he doesnt want to further cross examine the witness.
The Ld. Counsel for plaintiff would seek to issue witness summons to the Branch Manager, Bank of Baroda Sir P. M. Road Branch, Mumbai - 400001 for proving the plaintiffs bank statement in respect of account no. 14370 in terms of application Exh. 30 already placed on record. Considering the matter the said Exh. 30 will have to be allowed subject to plaintiffs depositing the requisite witness Bhatta in the Court. The application Exh. 30 stands accordingly allowed and concerned witness be summoned accordingly.
Matter is adjourned to 07-12-2023 for further evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. Savina Crasto for plaintiff present
Adv. Mohd. Taha for defendant present.
Plaintiffs witness Santoshkumar Bank Manager of Bank of Baroda, P. M. Road Branch present and filed adjournment application taken on record marked as Exh.35.
Considering the ground stated in the application, the matter stands adjourned.
Matter is adjourned to 12-01-2024 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Adv. S. Crasto a/w plaintiff present.
Adv. Mohd. for defendant present.
Matter is adjourned to 01-02-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Plaintiff in person present.
Adv. Taha i/b Devani and Associates for defendants present.
Plaintiffs witness (Bank Officer) is not in attendance.
Matter is adjourned to 27-03-2024 for steps by plaintiff/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Adv. Savina Crasto a/w plaintiff present moved an application seeking issue of witness summons to the managing Director and CEO Bank of Baroda, Baroda House, Near Mandvi P. B. No. 506 Vadodara 390005 for proving the banking statement of the plaintiffs saving account no. 14370 maintained with Bank of Baroda, Sir P. M. Road Branch, Mumbai 400001.
Adv. Mohd. Taha for defendant present.
From the perusal of the record, it appears that in order to prove the said Bank Statement , witness summons was issued to the Branch Manager, Bank of of Baroda, Sir P. M. Road Branch, Mumbai and Mr. Santosh Kumar, the Branch Manager had attended this Court and had sought time to produce the statement, vide application Exh. 35 on 07-12-2023. The said witness however didnt turn up thereafter. In this view of the matter instead of calling the Managing Director and CEO of Bank of Baroda as a witness to prove the bank statement, it would be appropriate to summons again said Mr. Santosh Kumar the Branch Manager . Hence, witness summons be re-issued to the said Santosh Kumar the Branch Manager. The application Exh. 35 stands filed.
The plaintiff to deposit requisite witness bhatta.
Matter is adjourned to 26-06-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: Plaintiff in person present.
None for defendant
LO 11.54 AM
Today witness Mr. Santoshkumar Branch Manager of Bank of Baroda Sir P. M. Road Branch- Mumbai is present and submitted the application Exh.36. It is taken on record. Witness has stated in the application that the copy of bank statement which is asked vide application Exh. 35 is not available with the bank because it is for the period of before 01-01-1999 and showing his enable-ness to produce it on record. The statement made in the application by witness is accepted and he is discharged.
LO 12.58 PM
Adv. Savina Crasto for plaintiff present and tendered original witness summons. It is taken on record.
Matter is adjourned to 26-07-2024 for further evidence of plaintiff. 12.30pm
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Adv.Ms.Savina Crasto for plaintiff present and filed application for marking of Exhibit to the document filed below list Exh-12 at Sr.No.4. It is taken on record and marked as Exh.37. Order-Other side to say.
Adv.Mohd Taha for defendant present.
Matter is adjourned to 06/09/2024 for filing say on Exh-37.
Next Purpose: FILING SAY
Next Hearing Date: 06-09-2024
Date: 06-09-2024
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Mohd. Taha for defendant present and submitted that he do not want to filed say on Exh.37.
Matter is adjourned to 10.10.2024 for hearing on Exh.37.
Next Purpose: HEARING
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: Adv. Savina Remi Crasto for plaintiff present.
Adv. Mohammad Taha for defendant present.
Matter is adjourned to 20.11.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: Vide Office Order No.273/2024, Dtd.14.11.2024 holiday was declared on 20.11.2024 on account of Maharashtra State Legislative Assembly Election, 2024. Hence, matter is adjourned to 24.12.2024
Next Purpose: HEARING
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: None for plaintiff present.
Adv. Mohammed Taha for defendant.
Matter is adjourned to 29-01-2025 for hearing on Exh. 37.
Next Purpose: HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Mohammad Taha for defendant present.
Later on at 11.30 am
Adv. S. N. Trivedi for def. No.3 present.
Matter is adjourned to 25.03.2025 for written argument.
Next Purpose: FOR___________________
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Mohammad Taha for defendant present.
By consent matter is adjourned to 09.04.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Adv. Savina Crasto for plaintiff present.
Plaintiff in person present.
Adv. Mohammad Taha a/w defendant present and submitted that he does not want to file reply on Exh.37 and he is ready to advance argument on Exh.37.
Heard both side on Exh.37.
Matter is adjourned to 21.06.2025 for order on Exh.37.
Next Purpose: ORDER
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: None for plaintiff.
None for defendant.
Later on at 11.47 am
Adv. Prashant Pandit for plaintiff present.
Adv. Anita Sarfare for defendant no.1 present.
Matter is adjourned to 29.07.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 29-07-2025
Date: 29-07-2025
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Mohammad Taha for defendant present.
Heard both sides.
The matter is pending for exhibiting the statement of bank. The advocate for the plaintiff has drawn my attention to the deposition of the Bank Manager and his application filed at Exh.36. The Bank Manager has made a statement in the Court on 26.06.2024 that the record of this bank statement is not available with the bank because it is before 1999. However, it prima facie appears that it is a statement of the concerned bank.
The advocate for the defendant has strongly opposed to exhibit this bank statement. He has referred to Section 456 of the bankers book of evidence act. He states that the bank statement does not matches with paragraph 8 of plaintiff’s evidence and this bank statement should not be exhibited . It also does not bears the seal of the bank.
Order passed below Exh.37
After hearing both the sides after going through the bank statement dtd. 01.09.1990 and the oral statement of the bank manager primafacie it appears that this is a 30 year old document, though it does not bear the seal of the bank, it appears that it is the bank statement. So, in order to proceed with the suit, this bank statement is exhibited as Exh.38.
Matter is adjourned to 25.08.2025 for cross-examination of the plaintiff (PH).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Mohammad Taha for defendant present.
KB
Later on at 1.30 pm
Adv. Savina Crasto a/w plaintiff present and tendered application for correcting roznama dtd.20.09.2023. It is taken on record and marked as Exh.39.
Copy of the same furnished to other side.
Adv. Mohammad Taha for defendant present.
By consent matter is adjourned to 10.09.2025 for say on Exh.38 by defendant.
Next Purpose: FILING SAY
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Adv. Savina Crasto a/w plaintiff present.
Adv. Mohammad Taha a/w defendant present and filed say on Exh.39. It is taken on record and marked as Exh.40.
Copy of the same furnished to other side.
Heard both sides at length.
The adv. for plaintiff has requested to exhibit 14 documents filed with additional affidavit of examination in chief on 05.09.2023. The cross-examination of plaintiff was conducted on 11.07.2023, 20.09.2023. The advocate for the defendant has cross examined the plaintiff on these documents.
The adv. for defendant has objected to exhibit these 14 documents. He states that the plaintiff has not filed his affidavit with this application below Exh.39.
The plaintiff has made contradictory statements about his own documents. He did not get opportunity to cross examine the plaintiff on these documents.
All these documents are letters written to the brother of the plaintiff and the defendant. Some of the documents are certified copies of the Court and the letters/ notices issued by the advocate of the plaintiff. These documents can be exhibited by giving an opportunity to the defendant to the cross examine the plaintiff. These 14 documents are exhibited as under :
1.
Letter issued by adv. W. D. Pradhan dtd.15.02.1982 to the brothers of the plaintiff with UPC.
As this is office copy of the letter issued by adv. of the plaintiff, so it is exhibited.
Exh.41
2.
Letter issued by Adv. W. D. Pradhan dtd.23.02.1982 to the brothers of the plaintiff.
As this is office copy of the letter by adv. of the plaintiff, so it is exhibited.
Exh.42
3.
Letter issued by Adv. W. D. Pradhan dtd.25.02.1982 to one of the brother of the plaintiff.
As this is office copy of the letter by adv. of the plaintiff, so it is exhibited.
Exh.43
4.
Letter issued by Adv. W. D. Pradhan dtd.15.03.1982 to the brothers of the plaintiff with UPC.
As this is office copy of the letter by adv. of the plaintiff, so it is exhibited.
Exh.44
5.
Letter by defendant to the adv. of the plaintiff dtd.16.03.1982.
As this is letter by the defendant himself, so it is exhibited.
Exh.45
6.
Letter by Adv. of the plaintiff to one of the brother dtd.31.03.1982.
As this is office copy of the letter issued by adv. of the plaintiff, so it is exhibited.
Exh.46
7.
This is a receipt of payment of estate duty issued by Asst. Controller of Estate to the plaintiff.
This is public document, so it is exhibited.
Exh.47
8.
Certified copy of the Testamentary and intested.
This is public document, so it is exhibited.
Exh.48
9.
Notice issued by plaintiff to his brother and the defendant dtd.24.04.1996 alongwith the receipt of gold ornaments.
This notice bears signatures of defendant, so it is exhibited.
Exh.49
10.
Notice issued by Adv. Amrut Vernekar to the defendant dtd. 04.07.1996
As this is office copy of the letter issued by adv. of the plaintiff, so it is exhibited.
Exh.50
11.
Letter issued by plaintiff to the defendant dtd. 10.08.1996.
As this letter is signed by the plaintiff, so it is exhibited.
Exh.51
12.
Copy of property card of survey No. 358.
This is public document, so it is exhibited.
Exh.52
Matter is adjourned to 10.10.2025 for Re-cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Savina Crasto alongwit plaintiff present.
Adv. Mohammad Taha i/b Devani Associates for defendant present.
Cross-Examination of PW-1 Mr. John Philip Crasto commenced and completed.
Matter is adjourned to 13.01.2026 for filing of evidence from the side of defendant.
Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-01-2026
Date: 13-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Plaintiff in person present.
Adv. Rohan Sawant i/b Dewani and Associates for defendant present and sought time to file evidence.
Kept Back.
Later on at 11.55 am
Plaintiff is present and requested for adjournment.
Matter is adjourned to 31.01.2026 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: Matter pertains to C.R. No.62
Adv. Ms. Savina R. Crasto for plaintiff present and filed evidence closed pursis.
It is taken on record and marked as Exh. 53.
O- Seen.
Adv. Dashang Doshi i/b. Devani Associates present and filed affidavit of examination in chief alongwith list of document both are taken on record and marked as Exh. 54 and Exh. 55.
Witness (DW-1) present.
Copy of the same is furnished to other side.
Admission and denial on Exh. 55 from the side of plaintiff.
Matter is adjourned by consent on 13-02-2026 for Admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Gayatri Yadav i/b Adv. Savina Crasto alongwith plaintiff present and tendered admission and denial. It is taken on record and marked as Exh.56
Defendant in person present.
Matter is adjourned to 27.03.2026 for hearing on documents.
Later on at 11.45 am
Adv. Gayatri Yadav i/b Adv. Savina Crasto alongwith plaintiff present and supplied copy of Exh.56 to advocate for defendant.
Adv. Rohan Sawant alongwith defendant present.
Matter is adjourned to 27.03.2026 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Plaintiff in person present.
Adv. Rohan Sawant i/b. Dewani Asso. for defendant.
The plaintiff has admitted only one document at Sr. No.3 in his reply. Hence exhibited as under Exh.57.
The defendant to prove the other documents denied by the plaintiff.
The witness of defendant is absent. The witness should remain present on next date failing which the evidence of defendant will stand discarded and the Suit will be fixed for final argument by closing evidence of defendant.
LO at 11.40am
Plaintiff alongwith his Adv. Savina R. Crasto present.
Matter is adjourned to 20.06.2026 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2026
Date: 20-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter adjourned to 11.40 am
Adv. alongwith plaintiff present.
Adv. Rohan Sawant i/b Dewani Associates alongwith defendant present.
The plaintiff is present who is 81 years old. Therefore advocate for plaintiff is directed to complete the cross-examination today.
Kept Back.
Later on at 12.10 pm
The plaintiff and his advocate is repeatedly called since 11.50 am. Though they were present in the morning at 11.30 and the direction was given to cross-examine but are absent.
Kept Back.
Later on at 12.20 pm
The plaintiff and his advocate is repeatedly called since 11.50 am. Though they were present in the morning at 11.30 and the direction was given to cross-examine but are absent.
Adv. Rohan Sawant i/b Dewani Associates alongwith defendant present.
Kept Back.
Later on at 12.36 pm
Plaintiff in person present and filed adjournment application. It is taken on record and marked as Exh.58. O- Other side to say.
Adv. Rohan Sawant i/b Dewani Associates alongwith defendant present and filed reply on Exh.58 itself.
Order passed below Exh.58
The application is filed at 12.35 pmby plaintiff in person. The advocate for plaintiff absent though directed to proceed with the suit for cross-examination of defendants witness. The objection in the application is raised that the defendant should inform the court about the any other witnesses to be examined. The defendant has given the list of witnesses at Exh.9. The said objection is on the ground that later on witnesses not known may be given chance to improve their case. Therefore without the above position the plaintiff will not be able to cross-examine the witness. The defendant has to prove the other documents denied by the plaintiff.
The defendant filed reply and denied the contents of the application and left to the court to pass appropriate orders.
The defendant has adduced evidence on 30/01/2026. The plaintiff filed the admission and denial to the documents relied by the defendant. The document which was admitted by the plaintiff was exhibited and the suit is fixed today for recording further evidence of defendant alongwith cross-examination of plaintiff. The other documents are xerox copies therefore the same cannot be exhibited. The advocate for plaintiff in the morning session when she appeared was informed that she has to proceed with the cross-examination. When the matter was repeatedly called for cross-examination the advocate for plaintiff remained absent. The plaintiff present before the court stated that the advocate for plaintiff is in another court.
The plaintiff is 81 years old. This court is dealing with the suits filed by Senior Citizen. The suit is pending since 2018. The witness of the defendant who filed evidence on 31/01/2026 is present before the court. Then too advocate for plaintiff is not present when the suit is called for cross-examination of the witness of defendant. Instead of cross-examination the plaintiff has come with this application raising objection which is not tenable and the intention of the plaintiff is only to prolong the hearing of the suit. The advocate for plaintiff was having the copy of evidence of the defendant since its receipt i.e. 30/01/2026. Almost 06 months have been lapsed. The reason for adjournment on any ground under such circumstances cannot be considered. Hence application is rejected.
Plaintiff who is 81 years old is seeking adjournment even after rejection of above application. The plaintiff is directed to cross-examine the witness at 11.00 am on next date failing which no-cross order will be passed and the same will not be set-aside on any ground.
Matter is adjourned to 25.06.2026 for cross-examination of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Plaintiff in person present.
Adv. Rohan Sawant for defendant present.
Witness present.
Kept Back.
Later on at 12.35 pm
Adv. Priya Mahajan i/b Right and Right alongwith Plaintiff present.
Adv. Rohan Sawant for defendant present.
Witness present.
Ld. advocate for defendant submitted that he is relying on certain documents. However record shows that original documents are not on record.
Matter is adjourned to 23.07.2026 for further examination-in-chief of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2026
Date: 23-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Plaintiff in person present.
Adv. Rohan Sawant i/b Dewani Associates alongwith defendant present.
Kept Back.
Later on at 12.35 pm
Adv. Shruti Dudhane i/b Adv. Savina Crasto alongwith plaintiff present.
Adv. Rohan Sawant i/b Dewani Associates alongwith defendant present and filed application to take additional list of documents alongwith documents.
It is taken on record and marked as Exh. 59
Advocate for plaintiff seek time to file reply on Exh.59.
Matter is adjourned to 21.08.2026 for reply on Exh.59/cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2026
Date: 21-08-2026
Business: Plaintiff present in person.
Adv. Ms. Shruti Dudhane for plaintiff present.
Defendant is present in person.
Adv. Mr. Rohan Sawant for defendant. Kept back.
Later on 1.07 p.m.
Adv. Mr. Rakesh Pandey a/w Adv. Ms. Savina Crasto for plaintiff is present.
Advocate for plaintiff filed reply to Exhibit 59. It is taken on record and marked as Exhibit 60.
Heard both the sides on Exhibit 59.
F.R.S.R. Order on Exhibit 59
1.The Application Exh.59 is allowed.
2.The certified copies of the plaint and decree dated 15/02/2016 filed by the defendant is taken on record. It be marked exhibit.
Advocate for the plaintiff submitted that copies of documents are not supplied to him however discussing order passed below Exhibit 59 copy of Decree is already admitted by the plaintiff. Hence, the defendant is directed to supply copy of plaint filed with application Exhibit 59 to the plaintiff.
By consent of both the parties matter is adjourned to 24.09.2026 for cross-examination of defendant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2026