Date: 20-08-2019
Business: Advocate Mr. Niranjan Parekh along with Niram Marjadi for Plaintiff present and filed registered Notice of Motion no.3002/2019 with affidavit in support, t.o.r.
Advocate Sandhya Shukla for Defendant no.3 to 5 present
Advocate Shrutika Lakhand for Defendant no.6a to 10 present and submitted that the draft of affidavit of reply of NM is ready and after affirmation it will be filed today it in the court.
L.O.
Advocate Shrutika Lakhand for Defendant no.6a to 10 filed reply to NM no.3002/19, t.o.r.
Case is adjourned to 09/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Advocate Parekh for Plaintiff present and filed rejoinder to NM reply filed by Defendant no.6(a) to 10 and submitted that copy of said rejoinder is served by Email upon advocate for Defendant nos.6(a) to 10. Plaintiffs advocate argued that Defendant no.6(a) has filed her Written Statement and raised contrary defense to the defense raised by original Defendant no.6, husband and father of Defendant nos.6(a) to 10. According to plff\''s advocate, Defendant no.6(a) has raised contrary defense to the defense of original Defendant no.6, hence it is necessary to struck off defense of Defendant no.6(a) as contrary defenses are not permissible. It is further submitted that one advocate can not represent Defendant nos.6(a) and Defendant nos.7 to 10 because those Defendants have raised contrary defenses to each others. Hence, according to Plaintiffs advocate NM is necessary to be made absolute.
Advocate A. L. Gore for Defendant nos.3 and 5 present and submitted that those Defendants are not intending to file reply to NM no.3002/19 because Defendant nos.3 and 5 have already filed consent terms with Plaintiff and those Defendants also intend to support Plaintiff for continuation of development of suit property.
None present for Defendant nos.6(a) to 10.
L.O.
At the time of conclusion of argument by advocate for Plaintiff, advocate Ms. Lashkari appeared on behalf of Defendant no.6(a) to 10 and submitted that day before yesterday only copy of rejoinder sent by Plaintiff by email is received on behalf of Defendant nos.6(a) to 10 hence on next date arguments about NM will be advanced on behalf of those Defendants. Advocate Ms. Lashkari further submitted that as per her instructions Defendant nos.7 to 10 are not going to file reply to NM no.3002/19.
Considering submissions, case is adjourned to 16/09/2019 for further hearing of NM no.3002/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Court is busy in recording evidence in suit no.9168/92, hence case is adjourned to 30/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Niranjan Parekh for plaintiff present.
Adv. Sandhya Shukla for defendant No.3 and 5 present.
Adv. Shurtika Lakhand for defendant No.6a,7 to 10 present and filed compilation of case laws for decision of N/M.
Defendant adv. Also, sought adjournment on the ground that adv. Mr. Bharat Joshi for above defendant is busy in hearing of election petition.
Plaintiff adv. Submitted that on last date adjournment was also sought by defendant.
Today court is busy in Judgment in Suit No.3856/99 and Suit No.3857/99. Hence, adjourned.
Case is adjourned to 14/10/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Advocate Parekh for Plaintiff present
Advocate Pankaj Shinde for Defendant no.3 and 5 present
Defendant no.9 present and submitted that advocate Mr. Joshi is busy in election petition related to the assembly elections which are going to be held on 21/10/2019 and on next date he will argue matter.
Plaintiffs advocate submitted that Defendant no.6A has filed his Written Statement contrary to the Written Statement of Defendant nos.6 to 10 and Defendant nos.7 to 10 have not filed their reply to the NM, hence they can not argue the Notice of Motion. It is pointed out that advocate Mr. Joshi was representing Defendant nos.6 to 10, however as Defendant nos.6A has taken different stand, now advocate Mr. Joshi can not represent Defendant no.6A and Defendant nos.7 to 10 together.
Submissions made by advocate Mr. Parekh is of serious nature hence advocate Mr. Joshi is directed to clarify that how he can represent Defendants who have taken contrary stand against each other. It is made clear that, if on next date, Defendant no.6A will not argue the NM, court will be compelled to dispose of the NM considering arguments advanced by advocate Mr. Parekh.
Case is adjourned to 05/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Advocate Parekh for Plaintiff present
Advocate Shrutika Lhakhand for Defendant no.6A and 7 to 10 present and submitted that she is having written notes of arguments for Defendants however unless advocate for Defendant nos.6A and 7 to 10 will not satisfy the Court as to whether he can represent all those Defendants who are having contradictory stands against each other, I am of the opinion that written notes of arguments for Defendant no.6 can not be accepted. It is made clear that, if on next date, advocate for Defendants will not satisfy the Court abut his authority to plead the defence of all those Defendants, court will be compelled to decide the NM by hearing Plaintiff\''s advocate.
Case is adjourned to 02/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Parekh for plaintif present.
Adv. A. L. Gole for defendant no. 2 and 3 present.
Adv. Bharat Joshi for defendant no. 6(a) to 10 present.
Heard Argument.
Case is adjourned to 16.12.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2019
Date: 02-12-2019
Business: Adv. Parekh for plaintif present.
Adv. A. L. Gole for defendant no. 2 and 3 present.
Adv. Bharat Joshi for defendant no. 6(a) to 10 present.
Heard Argument.
Case is adjourned to 16.12.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Advocate Mr. Parekh for plaintiff present.
Advocate Mr. Ajay Mistry for deft no.3 and 4 present.
Court is busy in recording evidence in suit no.7793/00 and suit no.6329/04, hence case is adjourned to 06/01/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Advocate Mr. Niranjan Parikh for Plaintiff present
Advocate Mr. Ajay Mistry for Defendant no.3 and 5 present
Defendant no.8 present.
Court is busy in dictating Judgment in suit no.7988/98, hence case is adjourned to 17/01/2020 for NM for order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: PO IS ON LEAVE.
Next Purpose: NM ORDERS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: P.O. is on Leave.
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Advocate Mr. Nirav J. Marjadi i/b Mansukhlal Hiralal for Plaintiff present.
None present for Defendant.
Court is busy in dictating Judgment in suit no.4771/10 and hearing Chamber Summons in suit no.3697/10, hene case is adjourned to 28/02/2020 for Order on Notice of Motion.
Next Purpose: NM ORDERS
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Advocate Niranjan Parekh for Plaintiff present.
Advocate Mr. Mistry for Defendant no.3 and 5 present.
Defendant no.9 present. His advocate absent.
Court is busy in dictating Judgment in suit no.8472/86, hence case is adjourned to 09/03/2020 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Advocate Niranjan Parekh for Plaintiff present
Advocate Mr. Ajay Mistry for Defendant no.3 and 5 present
Defendant no.8 present.
Order on Notice of Motion No.3002 of 2019 partly dictated upto 5.45 p.m. court not be completed.
Case is adjourned to 14/03/2020 for Order on Notice of Motion.
Next Purpose: NM ORDERS
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: None present for Plaintiff.
Defendant no.5 and 9 present.
Court is busy in dictating Judgment in suit no.569/05, hence case is adjourned to 20/03/2020 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Advocate for Plaintiff present
None present for Defendant.
It seems that due to fear of Corona Virus, Defendant may not have appeared today in the matter. Stenographer is not available, hence case is adjourned to 07/04/2020 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: NM ORDERS
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: NM ORDERS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM ORDERS
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: None present.
Adjd. to 19.08.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic it seems that parties are absent.
F.R.S.R. following order is passed:
ORDER
NM No.3002 of 2019 in Suit No.8582 of 1992 H.C.Suit No.724/1992 is hereby made absolute in terms of prayer clause (a) of the NM.
Matter is adjourned to 07/10/2020 for RE.
Nature Of Disposal: ALLOWED
Disposal Date: 19-08-2020
