Mr. Sudhir Tatoba PawarVsMrs. Anita K. Parekh

Date: 07-10-2019
Business: Plaintiff present.
Adv. Dhumal for plaintiff present and filed affidavit of service along with writ of summons.
None present for defendant.
Matter stands Adj for filing WS to 02.11.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: The court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Plaintiff present and defendant absent though served with writ of summons, as per affidavit of service.
Adv. Dhumal for plaintiff present.
Heard Ld. counsel for plaintiff. He submitted that the defendant has been served, as per bailiff report and affidavit of service through Mr. Shilp Parekh cousin of defendant Anita Parekh at the given address. But, defendant has failed to appear. Hence, suit be proceed Ex-parte against defendant.
In view of the above submissions and after verifying the bailiff report and affidavit of service, I am satisfied that defendant has been duly served. But, absent. Hence, suit to proceed Ex-parte against defendant.
Matter stands Adj to Ex-parte Evidence to 30.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Plaintiff present.
Adv. Dhumal for plaintiff present and submitted that on last date suit proceeded ex-parte against defendant.
He filed draft CS along with affidavit and documents and informed that the defendant has sold the suit property to the third party, whom he wants to add as defendant no. 2 to 6. He undertakes to serve the copy of CS on the proposed defendants no. 2 to 6. Leave granted to register draft CS.
Matter stands Adj for service of draft CS to proposed defendant on 19.03.2020.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for Service to 18.06.2020
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Adv. Dhumal for plaintiff present and filed original CS No. 258/20 supported by affidavit.
Matter stands Adjn for service to 31.10.2020.
Next Purpose: SERVICE
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Plaintiff present.
Adv. Dhumal for plaintiff present.
None present for Defendant.
Heard counsel for the plaintiff for passing exparte orders against defendant No. 1 and the proposed defendants No. 2 to 6 in CHS No. 258/20. He submitted that as per the affidavit of service dated 18.03.2020, CHS was served on the defendants by RPAD vide Exh. A and B but the defendants failed to turn up before the court and submit their reply. Thereafter, there was a lockdown due to Covid-19 Pandemic situation. Even today, the defendants have fialed to turn up before the court and submit their reply and CHS deserved to be allowed in the interest of justice.
In view of the submissions made before the court and the circumstances, one more chance given to the defendants. The CHS No. 258/20 to proceed exparte against defendants.
Matter stands adj. for Hearing and order to 18.01.2021
Next Purpose: HEARING
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Plaintiff in person present and submits that his advocate is not feeling well.
None for defendant.
The case is adjourned to 22.02.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Plaintiff present.
KB
LO at 3.26pm
Adv. Umesh Dhumal for Plaintiff present and seeks time.
Time is granted.
The case is adjourned to 18.03.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: As Court is busy in recording evidence in SU No. 2851/15,hence the board is discharged.
The case is adjourned to 15.04.2021 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Declared holiday as per Office Order 79 of 2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: NOBTOB
By praecipe matter taken on board.
O-Allowed.
Matter called out at 02.15 a.m.
Plaintiff alongwith his Adv. Umesh V. Dhumal present.
Defendant in person present.
Adv. Rujuta R. Lokare a/w Adv. Rajesh Jatin tendered Vakalatnama. TOR. Exh.5
Plaintiff filed application for withdrawal of the suit on the ground that the matter has been settled with the defendant. TOR. Exh.6
I have verified the identities of plaintiff and defendant through Aadhar card.
ORDER
1.      Allowed to withdraw.
2.      Necessary court fees to be refunded as per rules.
3.      Any ad-interim orders passed shall stand vacated.
4.      Suit disposed of as withdrawn.
5.      Chamber Summons or Notice of Motion if any be disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-08-2021

CHAMBER SUMMONS/100258/2020

Filing Number: 108867/2019
Filing Date: 08-08-2019
First Hearing Date: 07th October 2019
Decision Date: 23rd August 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE