Date: 20-09-2019
Business: Advocate Mitesh Naik for Plaintiff present
Advocate Aniket Nayar for Defendant no.1 present
Advocate Sunita Nayak for Defendant no.2 present
Advocate Kaushal Parsekar for Defendant no.3 present
Plaintiffs advocate submitted that necessary steps are taken to point out Hon\''ble High Court in respect of pendency of this suit and to inform Hon\''ble High Court that prayer claimed in this suit can also be included in testamentary suit no.135/16. Considering submissions adjourned.
Case is adjourned to 25/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Advocate Ms. Kothari for Plaintiff present and submitted that Mis. Civil Application no.329/19 filed before Hon\''ble High Court is fixed on 09/03/2020 hence this matter may be adjourned. Considering submissions adjourned.
Advocate Mr. Bhagwat for Defendant no.3 present
Advocate Ms. Sonali Patil for Defendant no.2 present
Advocate Mr. Shrikant Pille for Defendant no.4 present
Case is adjourned to 21/04/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv Ms. Khyati Pandit I/b Dhru & co for Plaintiff present.
None present for Defendant No.1
Adv Ms. Sonali Patil for Defendant no.2 present.
Adv Mr. Loyal Thomas for Defendant No.3 present.
Advocate for Plaintiff submitted that transfer petition filed for transfer of this matter to Hon\''ble High Court is pending before Hon\''ble High Court.
By consent matter is adjd. to 15.04.2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv Mr. Nitesh Naik i/b Dhruv & Co. for plff present and seeks adjournment by submitting that plff has filed petition for transfer of this Suit to Hon’ble High Court from this Court.
Adv Mr. Shrikant Pillai for defendant No.1 present.
Adv Ms. Sonali Patil for defendant No.2 present.
Adv Mr. Kaushal for defendant No.3 present.
By consent, matter is adjd. for NM hearing to 01.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: None present for plff.
Adv Mr. Nihal Shaikh for deft No.1 present.
Adv Ms. Sonali Patil for deft No.2 present.
Adv Mr. Dave for deft No.3 present and submitted that Transfer Petition filed by the plff before Hon’ble High Court is argued and order in the said matter is reserved by Hon’ble High Court.
Advocates for defts present and mentioned the matter in the morning sessions.
Matter is on the board of afternoon session hence kept back.
L.O.at 2.50 p.m.
Adv Mr.Naik for plff present and seeks adjournment by submitting that Transfer Petition filed by the plff is reserved for order by Hon’ble High Court.
Matter is adjd. for NM hearing to 30.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv Mr. Mitesh Naik for plff present.
None present for deft No.1.
Adv Ms. Suntita Nayak for deft No 2 present.
Adv Mr. Dave for deft No.3 present.
Ld. advocates for plff, deft Nos.2 and 3 mentioned the matter in the morning session and claimed adjournment.
By consent,matter is adjd. for NM hearing to 15.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Mr. Mitesh Naik a/w Adv Aastha Mehta present for plff. and seeks adjournment.
Adv Mr. Aniket Nair for deft No.1 present and submitted that deft No.1 does not want to file reply.
Adv Ms. Sonali Patil present for deft. No.2.
Adv Mr.Chirag Dave for deft No.3 present and
By consent, matter is adjd. for NM hearing as a last chance to the plff to 27.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: NOBTOB on Court motion.
Letter received from Hon’ble High Court in Petition for Special
Leave to Appeal (Civil) No.4269 OF 2022.
Already adjd. to 07.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022
Date: 16-04-2022
Business: NOBTOB on Court motion.
Letter received from Hon’ble High Court in Petition for Special
Leave to Appeal (Civil) No.4269 OF 2022.
Already adjd. to 07.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv.Mitesh Naik a/w.Adv.Mehta for plaintiff present.
Adv.Kushal Udeshi i/b.Adv.Motiwala for deft.No.1 present.
Adv.Smita Nair for defendant No.2 present.
Adv.Dhawal Shah for defendant No.3 present.
The Ld.Adv.for the plaintiff submits that SLP is pending. In view of roznama dated 07.04.2022 matter is adjd.
Matter adjd to 27.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Aastha for plaintiff present.
Adv. Udeshi for deft.No.1 present.
Adv. Sonali Patil and Adv. Sunitha Nayak for Deft.No.2 present.
Adv. Noal for Deft. No.3 present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time
Matter adjd to 04.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 27-07-2022
Business: Adv. Aastha for plaintiff present.
Adv. Udeshi for deft.No.1 present.
Adv. Sonali Patil and Adv. Sunitha Nayak for Deft.No.2 present.
Adv. Noal for Deft. No.3 present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time
Matter adjd to 04.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv.Mitesh Naik for plaintiff present.
Adv.Kaushal Udeshi for deft. No.1 present.
Adv.Sonali Patil for deft.No.2 present.
Adv.Sanad Ragade for deft. No.3 present.
Adv.for pltff. submits that the suit is stayed by the Hon\''ble High Court. He produced copy of the order taken on record and marked as Exh.47.
Matter adjd to 19.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 04-10-2022
Business: Adv.Mitesh Naik for plaintiff present.
Adv.Kaushal Udeshi for deft. No.1 present.
Adv.Sonali Patil for deft.No.2 present.
Adv.Sanad Ragade for deft. No.3 present.
Adv.for pltff. submits that the suit is stayed by the Hon\''ble High Court. He produced copy of the order taken on record and marked as Exh.47.
Matter adjd to 19.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv.Mitesh Naik for plaintiff present.
Adv.Rahat Kalpatri for def.3 present.
Adv.Sonali Patil for def.no.2 present.
Adv.Koushal Udeshi for def.no.1 present.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 16.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv.Mitesh Naik for plaintiff present.
Adv.Vishesh Kulkarni i/b.Adv.Motiwala for defendant No.1 present.
Adv.Sunitha Nayak for defendant No.2 present.
Adv.Rahat Kalpatri i/b.Legasisi Partners for defendant No.3 present.
Adv.for the plaintiff submits that as per the status in proceeding before Hon\''ble Supreme Court order noted in roznama dated 07.04.2022 is still continue, hence, adjourned to 07.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023
Date: 16-02-2023
Business: Adv.Mitesh Naik for plaintiff present.
Adv.Vishesh Kulkarni i/b.Adv.Motiwala for defendant No.1 present.
Adv.Sunitha Nayak for defendant No.2 present.
Adv.Rahat Kalpatri i/b.Legasisi Partners for defendant No.3 present.
Adv.for the plaintiff submits that as per the status in proceeding before Hon\''ble Supreme Court order noted in roznama dated 07.04.2022 is still continue, hence, adjourned to 07.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023
Date: 07-06-2023
Business: Adv. Aastha Mehta for plaintiff present.
Adv. Vishnesh Kulkarni for defendant no. 1 present.
Adv. for the plaintiff submits that as per the status in proceeding before Hon\''ble Supreme Court order noted in roznama dtd. 07-04-2022 is still continue, hence, adjourned to 10-08-2023
Matter is adjd.to 10-08-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Aastha for plaintiff present.
Adv. Vishnesh Kulkarni for defendant no. 1 present.
Adv. Saroj Krishnan for defendant no. 3 present.
The Ld. Counsel for plaintiff to point out that the Honble Supreme Court vide order dtd. 14-03-2022 passed in S.L.P. (C ) No. 4269/2022 arising out of impugned final judgment and order dtd. 08-10-2021 in MCA No. 329/19 passed by the Honble Bombay High Court between the parties herein, directed the proceeding before the Probate Court as well as Civil Court to remain stayed in the mean time and the said order is still operative. In view of the said contention and the order available on record vide Exh. 47, the proceeding shall remain stayed until the orders passed by the Honble Supreme Court.
Matter is adjd.to 12-10-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: Adv. Aasth Mehta for plaintiff present.
Adv. Vishnesh Kulkarni for defendant no. 1 present.
Adv. Sarosh Krishnan for defendant no. 3 present.
Matter is adjd.to 07-12-2023 for Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. for plaintiff present.
None for defendant
By consent, matter is adjourned to 18-01-2024
Next Purpose: SUIT STAYED
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Adv. Aastha Mehta for plaintiff present.
Adv. Sarosh Krishnan for defendant no. 3 present.
Matter is adjourned to 20-03-2024 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: Adv. Keya Raval for plaintiff present.
None for defendant
Matter is adjourned to 06-04-2024 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Adv. Mitesh Naik for plaintiff present.
Adv. Shubham Kalbere for defendant no. 2 present.
The Ld. Counsel for plaintiff moved application . It is taken on record and marked as Exh.48. It is for transferring the record and proceeding of the present suit bearing no. 837/2017 along with the NM No. 3121/2019 to the Honble Bombay High Court to be heard along with the Testamentary Suit NO. 135/2016 pending before the Honble Bombay High Court, in view of the order passed by Honble Supreme Court of India in Special Leave to Appeal (C) No. 4269/2022 (Arising Out Of Final Judgment and Order dtd. 08-10-2021 in M. C. A. No. 329/2019 passed by Honble Bombay High Court.) The application is accompanied with a print out of the order dtd. 19-03-2024 passed by the Honble Supreme Court, India in the above stated petition. The Ld. Counsel for plaintiff would make submission that the print out of the said order is taken from the official website of the Honble Supreme Court of India. From the said order it is apparent that the present suit is directed to be transferred to the Honble Bombay High Court for being heard along with Testamentary suit No. 135/2016 by Honble Bombay High Court. In this view of the matter the application Exh. 48 will have to be allowed and stands allowed accordingly. The record and proceeding of S.C. Suit No. 837/2017 along with the NM No. 3121/2019 be sent to the Honble Bombay High Court for being heard with Testamentary Suit No. 135/2016 by Honble Bombay High Court. Hence, Suit no. 837/2017 and NM No. 3121/2019 be removed from CIS.
Nature Of Disposal: TRANSFER TO HIGH COURT
Disposal Date: 06-04-2024
