Mahendra Dhondu DurgawaleVsChandrakant Laxman Parab And Ors

Date: 07-08-2019
Business: Adv. Sachin Bandadkar for the Plaintiff present.
Adv. S. R. Pathak for Defendant-1 present.
Vakalatnama tendered by Defendant no. 1. t.o.r. O-filed.
Original registered N/M No. 2852/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Matter is adjd. to 21.10.2019 for proof of service of writ of summons/ reply to N/M/ WS by the Defendant.
Next Purpose: REPLY
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: Holiday declared on account of Vidhansabha Election.
Next Purpose: REPLY
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Sandeep Saatkar for plaintiff present.
Adv.Dubey for defendant 1 present, he seeks adjournment for filing NM reply. O-granted as a last chance.
Matter adj for NM reply /proof of service to 07.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Sushmita Lavane for plaintiff is present.
Adv. Vishal Dubey for defendant no. 1 is present.
Defendant no. 1 failed to file reply to N/M. Therefore, No reply order is passed against defendant no. 1.
Matter is adjd.for proof of service for defendant no. 2 and 3 to 03/04/2020.
Next Purpose: SERVICE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: SERVICE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: SERVICE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None present.
Last chance is granted to the plaintiff for service of summons.
Matter is adjd. to 29.04.2021 for  service of summons.
Next Purpose: SERVICE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adv. Rupali Kamlapurkar for defendants No.2 and 3 filed vakalatnama. T.O.R. and marked as Exh.6. Adv for defendants No.2 and 3 filed written statement and taken on record and marked as Exh.7. Matter is adjd. to 25.06.2021.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: SERVICE
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv. Susmita Lavate for the plaintiff present.
None for defendants.
Matter is adjd. to 18/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As  per Office Order No.213 of 2021. Holiday is declared today. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Supriya Gurav present for the plaintiff.
She filed service affidavit
Adv Mr.Patange present for the defendant.
Matter is adjd. to 04.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv Gurav for plaintiff present.
None for defendant.
Court is busy in hearing on Notice of Motion No.2518 of 18.
Matter is adjd. 27-04-2022 to NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Court is busy in High Court Time bound matter ST 1045/22.
Matter is adjd. to 20-07-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: None present for parties.
Matter is adjd. to 17.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present for parties.
Matter is adjd. to 18.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Court is on Leave.
Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None present for the parties.
Matter is adjourned to 28.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: None present for both the sides.
Adjourned for NM hearing to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: None present for both the sides.
It appears from the roznama that since last many dates plaintiff is not appearing and proceeding with the matter. Matter is fixed for NM haring since more than 2 years. Hence, NM is kept for order of dismissal.
Matter is adjourned to 14.12.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: The plaintiff is present.
Adv. Ms. Devaki Shinde for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. /BMC is present.
Adv. for the plaintiff submitted that matter is shown at the caption of NM dismissal. However, plaintiff is ready to proceed with the NM hearing, but seeks time as advocate on record is not present. At the request of plaintiff matter is adjourned.
Matter is adjourned to 12.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Plaintiff is present.
None for defendant.
Plaintiff filed adjournment application marked at Exh-8. O-granted.
Matter is adjourned to 26.06.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: Adv. Ms.Devki Shinde h/f Adv. Sachin Bandkar for the plaintiff is present.
None for defendant.
The NM is pending for hearing since long. Hence posted for dismissal.
Matter is adjourned to 14.08.2024 for NM Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Adv. Sachin Bandkar present for plaintiff.
None present for defendants.
Matter is adjourned to 20/9/24 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: None present for plaintiff.
None present for defendants.
Plaintiff to remain present on the next date without fail and argue the NM.
Matter is adjourned for NM hearing/necessary order/framing issues to 27/02/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: None present for plaintiff.
None present for defendants.
Plaintiff to remain present on the next date without fail.
Matter is adjourned for NM hearing/dismissal of Nm to 03/05/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Adv. Devaki Shinde present for plaintiff.
None present for defendants.
As defendant and his advocate are absent, Matter is adjourned to 07/08/25 for NM hearing.  (Afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: Adv. Poorva Pednekar present for plaintiff.
None present for defendants.
Order on NM no. 2852/19.
NM 2852/2019 is filed for seeking the relief mentioned in prayer clause (a) to (j) of the prayer mentioned in the NM. WS is filed but reply to the NM is not on record. Adv. for plaintiff submitted that, the contents of the NM be treated as arguments and order may be passed.
I have gone through the prayer clause of the NM and the prayers of the main suit. It can easily seen that prayers in the main suit and the NM are the same. The nature of the prayers in the NM are of the final relief and that cannot be granted at this interim stage. That apart NM is pending since 2021. For the reason stated above the NM is not maintainable and thereby stands rejected.
Matter is adjourned for draft issues to 16-10-25. (Morning session)
Nature Of Disposal: DISMISSED
Disposal Date: 07-08-2025

Main Case No: SUIT/0101511/2019
Main Cnr: MHCC010055962019
Main Filing No: 111447

Registration Number: 102852/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 108383/2019
Filing Date: 30-07-2019
First Hearing Date: 07th August 2019
Decision Date: 07th August 2025
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE