Shri. Waman Atmaram BandodkarVsShri. Vilas Atmaram Bandodkar +3 more

Date: 24-09-2019
Business: Advocate Mr. V. S. Bhadkumkar for Plaintiff present and sought extension of time to serve writ of summons upon Defendants.  O-Time extended till next date.
Case is adjourned to 27/11/2019 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv. V.S. Bhadkamkar present for plaintiff and filed affidavit of service of writ os summons, t.o.r.
Adv. M.G. Gawde @ Adv. S.U. Pandey present for defendant and filed Vakalatnama for defendant No.1, t.o.r., marked Exhibit-2.
He also filed Written Statement of the defendant No.1,  t.o.r., marked Exhibit-3.  Copy served to other side.
Case is adjourned to 17/02/2020 for filing written statement of other defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Advocate V. S. Bhadkamkar for Plaintiff present
Advocate M. G. Gawde for Defendant no.1 present
Court is busy in hearing final arguments in suit no.569/05 and court has to dictate Judgment in suit no.3677/11, hence case is adjourned to 19/06/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: WRITTEN STATEMENT
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 Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: None present for Plaintiff and Defendant Nos.2 to 4.
Adv Mr. Gawde for defendant No.1 present.
Matter adjourned for WS of Defendant Nos.2 to 4 to 07.04.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for plaintiff.
Adv. Shri. S. G. Gawade for defendant No.1 present.
None present for other defendants.
Considering the present pandemic condition, matter adjourned at same stage beyond summer vacation to 18.06.2021.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: Adv.Shri Bhadkamkar for plaintiff present.
Adv. Gavde for defendant No.1 present.
None present for defendant Nos.2 to 4.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. at same stage till next date.
Matter is adjd. for WS of defendant No.2 to 4 to 26.07.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Adv Mr. Bhadkamkar for plff present.
Adv Mr. M.G. Gawde for deft No.1 present.
By consent, matter is adjd. for written statement to 08.10.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: None for plff present.
Adv M.G. Gawde for deft 1 present.
Matter is kept today for filing WS  by Defendant no. 2 to 4.
plaintiff has filled affidavit of service of writ of summons on 27/11/2019. perusal of said affidavit show that defendant no. 3 is only served properly. Defendant no. 1 has already appeared and filled WS.
Since defendants no. 2 and 4 are not served properly, plaintiff is directed to take steps to serve these defendants properly. Title clause of plaint shows that defendant 2 and 4 are shown as dead. Names of sons and daughters of these defendants though are mentioned in the title clause, full names alongwith age and address of these sons and daughters are not given. Plaintiff is directed to provide full names, ages and address of those persons.
Matter is adjd. for compliance to 10.12.2021.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Mr. Bhadkamkar present for plff. and filed pursis for informing the Court that plff has already served the HLRs of deft Nos.2 and 4. When brought to his notice, ld. Adv.for the plff submitted that he will take appropriate steps for providing the full names of the HLRs of deft Nos.2 and 4.
Adv Mr. N.T. Gawde present for deft.No.1.
On request of adv. for plff, matter is adjd. for taking steps. He requested that by consent of him and adv. for deft No.1, matter be kept on 03.02.2022 and he will take steps in the meantime.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv.V.S.Bhadkamkar for plaintiff present.
None present for defendant.
Plaintiff to file service affidavit of amended plaint.
Matter adjd to 29.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Advocate Mr. V. S. Bhadakamkar for plaintiff present.
Advocate Ritika Iyer h/f Advocate Anil D\''souza for defendant no.1 present and filed V/P on behalf of defendant no.1. It is marked as Exh.05.
The plaintiff provided copy of amended plaint to defendant no.1.
Read the rozanama dated 08.10.2021. Matter adjd to 12.12.2022 for service of suit summons on defendant nos.2 and 4.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Court is on leave hence matter Adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv.V.S. Bhadkamkar for plaintiff present.
Adv.Pooja Idgav i/b.Adv.Anil Dsouza for defendant present.
The plaintiff filed unaffirmed affidavit producing proof of service of amended plaint. TOR and marked as Exh.6
Plaintiff filed tracking report or acknowledgment card for proof of service.
Matter adjd to 19.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv.V.S. Bhadkamkar for plaintiff present.
Adv.Pooja Idgar h/f.Adv.Anil Dsouza for defendant No.1 present.
The plaintiff filed application producing the proof of service. TOR and marked as Exh.7. The amended copy of the plaint is served on the defendants. The plaintiff to file amended copy of plaint for record purpose of the Court.
Matter adjd to 17.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Adv. V. S. Bhadkamkar for plaintiff present
None for defendant
On the request of plaintiff advocate the amended plaint be tendered on next date.
LO
Adv. Varsha Kule for defendant no. 1 present.
Matter is adjd.to   08-11-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Adv. V. S Bhadkamkar for plaintiff present and filed amended plaint.
Adv. Pooja Idgar i/b Adv. Anil Dsouza for defendant no. 1 present.
Matter is adjourned to   19-12-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Adv. Bhadkamkar for plaintiff present and submitted that he already submitted copy of amended plaint to deft.
Adv. Pooja Narka a/w Ankita Shukla for defendant no. 1 present.
Matter is adjourned to 23-01-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Adv V.S. Bhadkamkar for Plaintiff present.
None for defendants No. 1 to 4(c) present.
The plaintiff is directed serve defendants No. 2(a) to 2(d), 3 and 4(a) to 4(c) with writ of summons.
Issue writ of summons to defendants No. 2(a) to 2(d), 3 and 4(a) to 4(c).
Time is extended for service of writ of summons.
Matter stands adjourned on 20/03/2024 for writ of summons
to defendants No. 2(a) to 2(d), 3 and 4(a) to 4(c).
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: None for Plaintiff present.
Advocate Gaurav Solanki for defendant No.1 present.
None for defendants No.2 to 4 present.
Later on at 11.29 am.
Advocate V.S. Bhadkamkar for Plaintiff present and placed on record original writ of summons issued on 25.09.2019 t.o.r. and marked as Exhibit-09 -seen.
Advocate V.S. Bhadkamkar requrested to issue fresh writ of summons to legal heirs of defendants No. 2 and 4 through RPAD.
Issue fresh writ of summons to Legal heirs of defendants No. 2 and 4 through RPAD.
Matter stands adjourned on 28.06.2024 for fresh writ of summons to Legal heirs of defendants No. 2 and 4 through RPAD.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Adv. V. S. Bhadkamkar for plaintiff present and filed unaffired  affidavit of serivce of writ of summons to the Lrs of defendant no. 2a to 2d and 4a to c at exhibit.10. Taken on record.
The Lrs of defendant no. 2 and 4 are absent.
Other defendants are absent.
Matter stands adjourned for Ex-parte order to 02/08/2024.
Next Purpose: ORDER
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Adv. V. S. Bhadkamkar for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. V. S. Bhadkamkar for plaintiff present.
Adv. Fernandes i/b Adv. Anil Dsouza for defendant No.1 present.
None for other defendant present.
As per service affidavit at Exhibit-10 LRs of defendant No.2 and 4 are served with fresh writ of summons. Despite service they are absent. Hence, suit is heard ex-parte against them.
Matter adjourned for filing draft issues.
Matter stands adjourned on 23/08/2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. V. S. Bhadkamkar for plaintiff present and filed draft issues. Taken on record.
Adv. Gaurav Solanki i/b Adv. Dsouza for defendant No.1 present and seeks time for filing draft issues. Time granted as a last chance.
None for other defendant present.
Matter adjourned for filing draft issues as a last chance.
Matter stands adjourned on 07/10/2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Not On Board, Taken On Board
There is element of settlement of dispute between parties.
Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
Accordingly, issue notice to all parties to suit.
Matter stands adjourned on 28.09.2024 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertains to C.R. No. 65
None present for Plaintiff
None present for defendant.
Matter adjd to 07.10.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: None for plaintiff present.
Adv. Gaurav h/f Adv. Anil Dsouza for defendant No.1 present and filed draft issues. Seen. Taken on record.
Matter adjourned for filing draft issues.
Matter stands adjourned on 20/12/2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Not On Board, Taken On Board
There is element of settlement of dispute between parties.
Hence, matter is kept in Lok-Adalat scheduled on 14.12.2024.
Accordingly, issue notice to all parties to suit.
Matter stands adjourned on 14.12.2024 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: NATIONAL LOK ADALAT HELD ON 14.12.2024 (PANEL- VIII)
Matter pertains to CR No.65
Plaintiff present.
Adv. V.S. Bhadkamkar for plaintiff present.
None for defendant.
Matter adjd to 07.01.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: Adv. Bhadkamkar for plaintiff present.
Adv. Pooja Khedkar for defendant present.
Matter stands adjourned on 11/02/2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: Adv. V. S. Bhadkamkar for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Issues are framed at Exhibit-11.
Matter stands adjourned on 04/04/2025 for recording evidence.
Later on.
Adv. Gaurav Solanki h/f adv. Anil Dsouza for defendant No.1 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 22.03.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 22.03.2025 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: Matter pertaining to C.R. No.65
Advocate for plaintiff absent.
Advocate for defendant absent.
Matter is adjd to 02.04.2025 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: Adv. V. S. Bandodkar for plaintiff present.
Adv. Gaurav Solanki for defendant No.1 present.
None for other defendant present.
Case was kept in National Lok-Adalat held on 22/03/2025. Settlement had not taken place. Considering the element of settlement in the matter, same is posted in Second National Lok-Adalat scheduled to be held on 10/05/2025. Parties to take note. Accordingly, issue notice to parties.
Matter stands adjourned on 10/05/2025 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025

Date: 10-05-2025
Business: Matter pertains to C.R. No. 65
Adv. V. S. Bhadkamkar for plaintiff present.
None for the defendant present.
Matter not settled.
Matter adjd to 05/08/2025.
Adv. Ms. Amreen Shariff                             HHJ. SHRI. U. C. DESHMUKH
        Panel Member                                                        Panel Head
Next Purpose: FOR___________________
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Adv.  V. S. Bhandkamkar for plaintiff present.
Plaintiff present.
Adv. Akshata Shevalkar h/f Adv. Vilas Badolkar for defendant present.
Adv. for plaintiff filed evidence affidavit. O-The deponent is present accepted contents of affidavit and his signature. Read and Record.  Taken on record and marked as Exhibit-12. Copy served upon other side.
Matter stands adjourned on 19/09/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Adv. Bhadkamkar for plaintiff present.
None for defendant present.
Adv. for plaintiff filed list of document along with document. Seen. Taken on record and marked as Exhibit-13.
Matter stands adjourned on 10/11/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: None for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. V. S. Bhadkamkar for plaintiff present.
Adv. Ankita Shukla for defendant No.1 present.
None for other defendant present.
Matter stands adjourned on 08/01/2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: CORAM :- H.H.J. SMT. H. C. SHENDE (CR.65)
Adv. V. S. Bhadkamkar for plaintiff present.
Adv. Akshata Shevalkar i/b Adv. Anil D’souza for defendant No. 1 present.
Exhibit.14- Statement of admission and denial filed by defendant no.1 on plaintiffs documents.
Matter stands adjourned on 05-02-2026 for Statement of admission and denial by the rest the denial.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: Adv. V. S. Bhadkamkar for plaintiff present.
None for defendant present.
Keep Back.
Later on.
None for plaintiff present.
Adv. Ankita Shukla for defendant No.1 present.
None for other defendant present.
Keep Back.
Later on.
Adv. V. S. Bhadkamkar for plaintiff present.
Adv. Ankita Shukla for defendant No.1 present.
None for other defendant present.
Matter stands adjourned on 17/03/2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: Adv. V. S. Bhakamkar for plaintiff present.
None for defendant present.
Matter stands adjourned on 02.07.2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2026

Date: 18-04-2026
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 09.05.2026 for amicable settlement.
Notice be issued to both the parties for appearing before
lok-adalat.
Matter is adjourned to 09.05.2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: Matter pertains to Court Room No.65
Plaintiff absent.
Adv. Bhadkamkar  for plaintiff present.
Defendant and his advocate absent.
Matter not settled.
Matter be posted to 15.06.2026  for same stage from which matter was referred to lok-adalat.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: Adv. V S Nhadkamkar for plaintiff present.
None for defendant present.
Matter is for hearing on admissibility of document.
Defendant is absent.
Plaintiff argued on admissibility. Defendant and his Adv. absent, hence, argument is closed and kept for orders.
Matter stands adjourned on 29-06-2026 for Order on admissibility of documents.
Next Purpose: ORDER
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: Adv. V S Bhadkamkar for plaintiff present.
None for defendant present.
Matter is for order on admissibility of document filed by plaintiff.
Matter is kept back for order.
Later on at 11.59 AM.
Adv. V S Bhadkamkar for plaintiff present.
Following order passed  on admissibility of document file by plaintiff.
Document at serial no 1 a/w list Exhibit- 13 is the sketch of suit flat.  It is admitted by defendant in his reply Exhibit- 14. In view of admission, said sketch shall be marked Exhibit- 15.
Document at serial no 2 is Voting helpline document received from internet. It is a computer generated copy. Same is denied by defendant. It is not supported with certificate u/s 65(B). Hence, the prayer for exhibiting it stands rejected.
Document at serial no 3 are copies two notices received from voters registration office Wadala. Those are admitted and accepted by the defendant. In view of admission, both the notices shall be marked Exhibit- 16 Colly.
Document at serial no 4 are original rent receipt no 815 and 816. Documents are original. It is referred by witness in para no 7 of his affidavit. Those are produced from proper custody. It being primary evidence shall be marked Exhibit- 17   Colly.
Document at serial no 5 is copy of  order passed by Mr. M V Deshmukh on 02.12.1997 in RAD suit no 3322/1988. It is a certified cop of Court record. Hence, it being public document shall marked Exhibit- 18
Document at serial no 6 a/w list exhibit-13 are two original rent receipt bearing no 148 and 151. It is referred by witness in para no. 9. It stands in the name of plaintiff and produced from proper custody. Those rent receipts are original and primary evidence. Hence, those shall be marked Exhibit-29 .
Document at serial no 7 is present rent receipt no 383 dated 15.07.2024 issued by landlord in favour of plaintiff it is original and primary evidence. It is produced from proper custody. It is referred in evidence at para no. 9. Hence it shall be marked Exhibit- 20
The Document at serial no 8 is order passed by the Small Cause Court in Misc Notice no 399 of 2003. It is not admitted by defendant. Order is not certified copy. Hence, prayer for Exhibiting documents are rejected.
The document at serial no 9 is copy of order passed by Small Cause Court in RAD Suit no 3322 of 1988. It being certified copy of the order shall be marked Exhibit- 21
The document at serial no 10 is the order passed by this Court in SC suit no 3449 of 2006.It is a certified true copy. Hence, it shall be marked Exhibit-22
Document at serial no 11 is the order passed by Honble High Court in First Appeal No. 1791 of 2008. It is true copy of order passed by Honble High Court. Hence, it being public document shall marked Exhibit-23
Matter stands adjourned on 21-09-2026 for cross examination of witness
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: Adv. V S Bhadkamkar for plaintiff present.
Adv. Ekta Mistry h/f Adv. Anil Dsouza for defendant no 1  present.
Adv. for plaintiff has sought time to file necessary application for leading additional evidence. Considering his request, time granted till next date.
Matter stands adjourned on 16-11-2026 for filing additional evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2026

Registration Number: 102406/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 102406/2019
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 108680/2019
Filing Date: 05-08-2019
First Hearing Date: 24th September 2019
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE