Date: 11-11-2019
Business: Matter called out(12.03pm)
Adv.Yogesh Hirgude for plaintiff present seeking time to serve the defendant. O- Time granted.
Matter is adj to 10/01/2020 for service report.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Matter is called out at 12.35pm
Adv.Yogesh Hirgude for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents.
Plaintiff filed service affidavit. Exh-5. T.O.R
It appears that, defendant no.1a,b,c , are served defendant no.2, def.no.3 are served. Inspite of service none appeard hence, suit to proceed ex-parte.
Plaintiff to take appropriate steps for service def.no.1d,
Matter is adj to 27/03/2020 for service report of def.no.1d.
Next Purpose: SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: SERVICE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Court is on Leave. Hence matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: None for plaintiff.
None for defendants.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
Adjd to 18.06.2021 for service.
L.o at 11.37 a.m. Adv. Khushbu Sakire for plaintiff present and tendered application for issuance of fresh summons to def. no. 1(d). TOR and marked as Exh. 6. O- Granted.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Nobody present.
Due to Covid-19 pandemic, adjd. to 01.09.2021.
L.O. at 1.30 p.m.
Adv. Kavita Pawar for plff. present and tendered application for extension of time to serve the Wr/sum. to deft. no. 1.
O- time is extended to serve the Wr. sum to deft. no. 1 (d).
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Kavita Pawar for plaintiff present.
Defendant No.1 (d) Mr. Bhimrao Dattu Dhole is present before the court.
Exh-8 Application filed by defendant No. 1 (d) for taking on record his appearance
Adjd for Written statement of defendant No. 1 (d) to 27/10/2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Nobody present.
Adjd for written statement to 10/02/2022
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: AT 11.33 am
Adv. Kavita Pawar For plaintiff present and stated that suit is for passing exparte order.
None for defendants
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for written statement provided the same is
filed within limitation to 06/04/2022
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Dt.30/04/2022
Suit 2703/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY3328 CIVIL COURT C.R. NO. 66
None present.
Adjd for written statement to 01-08-2022
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Veraj Tuljapurkar for plaintiff present.
None for defendants no. 1a to 3.
Defendants no. 1a to 1c, 2 and 3 have been duly served with writ of summons as per five acknowledgements annexed with affidavit of service Exh. 5, but they failed to appear. Hence, suit to proceed ex-parte against defendants no. 1a to 1c 2 and 3. Defendant no. 1d had appeared and filed application Exh. 8 on 01-09-2021, but he fail to file written statement. Hence, suit to proceed without written statement against defendant no. 1d.
Matter is adjd.to 16-09-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Kavita Pawar a/w Plaintiff in person present and filed affidavit of evidence of PW - 1 Shrimant Dhole t.o.r. marked as Exh.9
She also filed list of documents t.o.r. marked as Exh.10
She also filed application to lead secondary evidence under section 65 of Indian Evidence Act t.o.r. marked as Exh.11
None for defendants no. 1a to 3
Matter is adjd.to 14-10-2022 for hrg on Exh.11.
Next Purpose: HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Kavita Pawar for plaintiff present.
None for defendants no. 1 to 3.
Matter is adjd.to 01-11-2022 for hrg on Exh. 11
Next Purpose: HEARING
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Kavita Pawar for plaintiff present.
None for defendant no. 1 to 3
Heard Adv. Kavita Pawar on Exh. 11.
Considering contents in application Exh. 11, it appears that documents at serial no. 3, 11 and 12 are in the custody of defendants no. 1a to 1c. All defendants failed to contest the matter. The plaintiff is seeking leave to lead secondary evidence in respect of these documents and it can be considered. Hence, application Exh. 11 is allowed. Documents at serial no. 3, 11 and 12 in list of documents Exh. 10 are marked as Exh. 12,13 and 14 respectively.
Matter is adjd.to 25-11-2022 for evidence of PW -1 Shrimant on Exh. 9.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Veraj Tuljapurkar h/f Adv. Kavita Pawar for plaintiff present and prayed for adjournment due to non availability of Adv. Kavita Pawar and the plaintiff - allowed
None for defendants no.1 to 3
Matter is adjd.to 25-01-2023 for evidence of PW - 1 Shrimant on Exh. 9.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Veraj Tuljapurkar a/w plaintiff present.
None for defendants no. 1 to 3
As defendants are absent, no cross examination order is passed on evidence affidavit of PW -1 Shrimant Dhole on Exh. 9 after administering oath to the witness. Re-examination- Nil.
Matter is adjd.to 04-03-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Abdulla Ubhare for plaintiff present and filed evidence close pursis t.o.r. marked as Exh.12
None for defendant
Matter is adjd.to 29-03-2023 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Abdulla Ubhare h/f Adv. Kavita Pawar for plaintiff present and prayed for adjournment due to non availability of Adv. Kavita Pawar - allowed
None for defendants.
Matter is adjd.to 18-04-2023 for ex parte argument
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Abdulla Ubhare h/f Adv. Kavita Pawar a/w plaintiff present.
Defendants no. 1a to 1d in person present.
None for defendants no. 2 and 3
The plaintiff and defendants no. 1a to 1d filed consent terms t.o.r. marked as Exh.13
Both sides have agreed to settle their dispute by executing agreement of the suit property in the name of the plaintiff and defendant no. 1a. They further agreed to issue share certificate in the name of the plaintiff and defendant no. 1a regarding the suit property. As both sides are voluntarily compromising the matter, settlement does not appear to be out come of any pressure or factor affecting to its legality. Defendant no. 2 is developer and defendant no.3 is the housing society and they can act upon volition of contesting parties to the suit. Considering all these aspects, I pass the following order-
- ORDER -
1. Suit No. 2703/2019 is decreed in terms of Consent Terms (Exh. 13).
2. Parties shall bear their own cost.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
4. Consent Terms (Exh.13) shall form part and parcel of the Compromise Decree.
5. Suit stands withdrawn against defendants no. 2 and 3.
6. Compromise decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 18-04-2023
