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Date: 19-08-2019 Business: Adv. Sagar Ghogare for Plaintiff preset. Adv. Mangle for defendant nos.1 to 6 present. K.B. L.O. Registered NM No.3119/19 filed by Adv for Plaintiff t.o.r. Copy served to other side. Adv for Plaintiff partly argued in relation to NM No.2463/17. Because of failure of power, Adv for Plaintiff submitted that he is facing inconvenience to argue the matter and sought adjournment. Adjournment is granted. Adj for further arguments in NM and reply to other NM to 21.08.2019. Next Purpose: NM FOR HEARING Next Hearing Date: 21-08-2019 Date: 21-08-2019 Business: Adv. Sagar Ghogare for Plaintiff present. Adv. M.J.Bhat for defendant nos.9 to 11 present. Adv. A.J.Uniyal for defendant nos.1 to 6 present. K.B. L.O. Adv for defendant nos.1 to 6 tendered affidavit in reply t.o.r. Heard arguments of Adv for Plaintiff on NM 2463/17. Adj for arguments of Adv for defendant to 22.08.2019. Next Purpose: NM FOR HEARING Next Hearing Date: 22-08-2019 Date: 22-08-2019 Business: Adv. Sagar Ghogare for Plaintiff present. Adv. Uniyal with Adv. Mangle for defendant nos.1 to 6 present. Adv. Bhat for defendant nos.9 to 11 present. K.B. L.O. Same appearance. Partly heard arguments of Adv for defendant nos.1 to 6. Adj for further arguments to 28.08.2019 at 2.45pm. Next Purpose: NM FOR HEARING Next Hearing Date: 28-08-2019 Date: 28-08-2019 Business: Adv. Sagar Ghoge for Plaintiff present. Adv. Uniyan for defendant no. 1 to 6 present. Adv. Bhat for defendant no. 9 to 11 present. KB LO Heard argument of Advocate for defendant Nos.1 to 6. Plaintiffs are permitted to carry out amendment within three days in terms of order dated 25.02.2019. Matter is adjourned for argument of rest of defendants to 30.08.2019 at 4.00 p.m. Next Purpose: NM FOR HEARING Next Hearing Date: 30-08-2019 Date: 30-08-2019 Business: Matter is adjd to 04.09.2019 for reply submission of advocate for Plaintiff. Next Purpose: NOTICE OF MOTION Next Hearing Date: 04-09-2019 Date: 04-09-2019 Business: Matter adjd to 05/09/2019 for further hearing at 3.30 pm. Next Purpose: NOTICE OF MOTION Next Hearing Date: 05-09-2019 Date: 05-09-2019 Business: Adv. Solanke for Plaintiffs present. Adv. Bhatt for defendant nos.9 to 11 present. Adv. for Plaintiffs submitted that they do not want to place reliance upon authority in the case of Saira Bano which was relied while making rejoinder. K.B. L.O. Adv. Uniyal for defendant nos.1 to 6 present. Heard further arguments of Adv for defendant nos.1 to 6 in relation to case laws submitted and Adv for defendant nos.9 to 11. Adj for NM order to 07.09.2019. Next Purpose: NM ORDERS Next Hearing Date: 07-09-2019 Date: 07-09-2019 Business: Plff present. None for Defendant. Court is busy in other matters and regular steno is not available. Matter adjd to 09/09/2019 for NM Order. Next Purpose: NM ORDERS Next Hearing Date: 09-09-2019 Date: 09-09-2019 Business: Adv. Uniyal for def no 1 to 6 present Court busy in other matters. And requires further time to pass orders. Hence Matter is adj. For 18.09.2019 for order Next Purpose: NM ORDERS Next Hearing Date: 18-09-2019 Date: 18-09-2019 Business: Adv. Mangale for defendant no 1 to 6 present. Adv. Gautam Jain for defendant no 9 to 11 present. Court busy in other matter. Hence adj for order. Matter adj. To 21.09.2019 for order. Next Purpose: NM ORDERS Next Hearing Date: 21-09-2019 Date: 21-09-2019 Business: Plaintiff present. Adv. Muniar for defendant no 1 to 6. Court is busy in other matters. Matter is adjd. 23.09. 2019 for Order. Next Purpose: NM ORDERS Next Hearing Date: 23-09-2019 Date: 23-09-2019 Business: None for plaintiff. Adv. Uniyal for defendant no 1 to 6. KB LO Plaintiff present. As court is busy in hearing arguments and passing orders in other matter hence, matter is adjd for order. Matter is adjd. for order to 24.09.2019 Next Purpose: NM ORDERS Next Hearing Date: 24-09-2019 Date: 24-09-2019 Business: Plaintiff no 1 present. Adv. Sweedal for defendant no 1 to 6 present. Adv. Gautam Jain for defendant no 9 to 11 present. Regular Steno is on leave. Court is busy in hearing other matters and passing orders in other matters. Adjd. To 25.09.2019 for order Next Purpose: NM ORDERS Next Hearing Date: 25-09-2019 Date: 25-09-2019 Business: None present. KB LO Plaintiff present. Adv. Jain for respondent no 9 to 11 present. Adv. Mangale for defendant no 1 to 6 present. F.R.S.R. following order is passed below NM No.2463 of 17 ORDER Notice of Motion No.2463 of 2017 stands dismissed and disposed off accordingly. Adjd. to 22.10.2019 for direction. Next Purpose: DIRECTIONS Next Hearing Date: 22-10-2019 Date: 22-10-2019 Business: Adv. Govind Solanki for plaintiff present. Adv. Ms Sweedal Karkada for defendant no 1 to 6 present. Adv.M.J Bhatt For defendant no 9 to 11 present. Adv. For defendant no 9 to 11 requested to grant leave to register draft NM already tendered on 5.10.2017. It seems that leave has already been granted for registration of the same. They are directed to get it registered by next date. Adjourned for Chamber summons hearing to 28.11.2019 Next Purpose: C/S HEARING Next Hearing Date: 28-11-2019 Date: 28-11-2019 Business: None present for plaintiff. Adv.Gautam Jain for defendant no 9 to 11 present. He tendered register NM 4505/19. t.o.r. Adv. Uniyal for defendant no 1 to 6 present. Copy of NM be served upon plaintiff. Heard adv. Uniyal in relation to Chamber summons no 1846/17. Adjourned in the interest of justice for hearing of plaintiff on Chamber summons. Adjourned for service of NM 4505/19 to 10.12.2019 Next Purpose: SERVICE Next Hearing Date: 10-12-2019 Date: 10-12-2019 Business: None present for plaintiff. Adv. Mangale for defendant no 1 to 6 present. Service report not filed. Adjourned for service report to 13.01.2020 Next Purpose: SERVICE Next Hearing Date: 13-01-2020 Date: 13-01-2020 Business: As PO is on Leave Next Purpose: SERVICE Next Hearing Date: 06-02-2020 Date: 06-02-2020 Business: Plff present and her Adv absent. Adv Sweedal Karkada for deft no. 1 to 6 present. Adv Gautam Jain for deft no. 9 to 11 present. He filed affidavit of service. t.o.r. Plff seeks time for CS hearing. Granted. Matter stands Adj for CS hearing to 29/02/2020. Next Purpose: C/S HEARING Next Hearing Date: 29-02-2020 Date: 29-02-2020 Business: Adv. Mangale for defendant nos.1 to 6 is present. Adv. Ashok Garje for defendant nos.9 to 11 is present. Plaintiff advocate absent. Matter stands Adj for hearing on 21.03.2020. Next Purpose: C/S HEARING Next Hearing Date: 21-03-2020 Date: 21-03-2020 Business: None present. Matter stands Adj for Chs. Hearing to 21.04.2020 Next Purpose: C/S HEARING Next Hearing Date: 21-04-2020 Date: 21-03-2020 Business: None present. Matter stands Adj for Chs. Hearing to 21.04.2020 Next Purpose: C/S HEARING Next Hearing Date: 21-04-2020 Date: 21-03-2020 Business: None present. Matter stands Adj for Chs. Hearing to 21.04.2020 Next Purpose: C/S HEARING Next Hearing Date: 21-04-2020 Date: 21-03-2020 Business: None present. Matter stands Adj for Chs. Hearing to 21.04.2020 Next Purpose: C/S HEARING Next Hearing Date: 21-04-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 12-05-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 12-05-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 12-05-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 12-05-2020 Date: 12-05-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 01-06-2020 Date: 12-05-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 01-06-2020 Date: 12-05-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 01-06-2020 Date: 12-05-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S HEARING Next Hearing Date: 01-06-2020 Date: 01-06-2020 Business: National Lockdown Next Purpose: C/S HEARING Next Hearing Date: 18-06-2020 Date: 01-06-2020 Business: National Lockdown Next Purpose: C/S HEARING Next Hearing Date: 18-06-2020 Date: 01-06-2020 Business: National Lockdown Next Purpose: C/S HEARING Next Hearing Date: 18-06-2020 Date: 01-06-2020 Business: National Lockdown Next Purpose: C/S HEARING Next Hearing Date: 18-06-2020 Date: 18-06-2020 Next Purpose: C/S HEARING Next Hearing Date: 22-09-2020 Date: 22-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 11-11-2020 Date: 22-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 11-11-2020 Date: 22-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 11-11-2020 Date: 11-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 07-01-2021 Date: 11-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 07-01-2021 Date: 11-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 07-01-2021 Date: 11-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S HEARING Next Hearing Date: 07-01-2021 Date: 07-01-2021 Business: Adv.Ms. Sweedal Karkada for defendant nos.1 to 6 present. Adv. Govind B. Solanke for plaintiff present. Adv. for plaintiff tendered registered CS 152/2020 . Matter stands Adj for rejoinder to 20.02.2021 Next Purpose: REJOINDER Next Hearing Date: 20-02-2021 Date: 07-01-2021 Business: Adv.Ms. Sweedal Karkada for defendant nos.1 to 6 present. Adjd. to 20.02.2021 for C/S hearing. L.O. Adv.Ashok Garje for defendant no.9 to 11 present and tendered written statement defendant no.9 to 11 on record. Defendant no.9 present. Matter is already Adjd. to 20.02.2021 for C/S hearing. Next Purpose: C/S HEARING Next Hearing Date: 20-02-2021 Date: 20-02-2021 Business: None for plff. Adv Mangle for deft 1 to 6 present. Inadvertently, clerical mistake appears in the last roznama that original Chs. no. 152/2020 is filed in this suit but it is belonging to the Suit No. 1567/19. It be corrected accordingly. Matter stands Adj for hearing on 26.03.2021 Next Purpose: C/S HEARING Next Hearing Date: 26-03-2021 Date: 26-03-2021 Business: None for plff. Adv Mandle for deft no. 1 to 6 present. Matter stands Adj for CS Hearing to 12/04/2021. Next Purpose: C/S HEARING Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned. Next Purpose: C/S HEARING Next Hearing Date: 28-06-2021 Date: 12-04-2021 Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned. Next Purpose: C/S HEARING Next Hearing Date: 28-06-2021 Date: 12-04-2021 Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned. Next Purpose: C/S HEARING Next Hearing Date: 28-06-2021 Date: 12-04-2021 Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned. Next Purpose: C/S HEARING Next Hearing Date: 28-06-2021 Date: 28-06-2021 Business: Due to Covid-19 matter adjourned. Next Purpose: C/S HEARING Next Hearing Date: 10-08-2021 Date: 10-08-2021 Business: Plff present. Adv Mangle for deft no. 1 to 6 present. Adv Jain for deft no. 9 to 11 present. Adv Heena Faruki appeared for plff. Exh 14 - She filed VP for plff. t.o.r. Matter stands Adj for CS Hearing to 03/09/2021. Next Purpose: C/S HEARING Next Hearing Date: 03-09-2021 Date: 03-09-2021 Business: Adv Heera Farooqui for plff present. She seeks time for CS Hearing. Granted. Adv Govind Solanki, earlier Adv for the plff present and he sought discharge from the case on the ground that plff engaged new Adv. Adv Govind Solanki is discharged from appearing from behalf of plff. Adv Pritesh Parmar for deft no. 1 to 6 present. Adv Gautam Jain for deft no. 9 to 11 present. Matter stands Adj for CS Hearing to 08/10/2021. Next Purpose: C/S HEARING Next Hearing Date: 08-10-2021 Date: 08-10-2021 Business: Adv Rahul Raut for plff present. Adv Abhijeet Khairwal for respondent no. 1 to 6 present. He seeks time for NM Hearing. Granted. Matter stands Adj for Hearing on NM 3119/2021 to 29/11/2021. Next Purpose: NM FOR HEARING Next Hearing Date: 29-11-2021 Date: 29-11-2021 Business: Adv Rahul Raut for plff present. Adv Mangle for deft no. 1 to 6 present. Adv Jain for deft no. 9 to 11 present. Heard Adv for plff and deft no. 1 to 6 on NM 3119/20219. It is for setting aside no reply order dated 29/07/2019 to CS 1846/2017 filed by deft no. 1 to 6. Adv for deft no. 1 to 6 orally submitted that he has no objection to allow NM. Hence Notice of motion 3119/2019 is allowed and disposed of. Accordingly reply of plff to CS 1846/2017 is t.o.r. Heard Adv for plff and deft no. 9 to 11 on NM 4505/2019. It is for treating reply of deft no. 9 to 11 as written statement of deft no. 9 to 11 as well as for condoning the delay in filing written statement of deft no. 9 to 11. It is not in dispute that deft no. 9 to 11 is contesting the suit and they have filed reply to NM of plff. However reply being not the pleadings as per O-7 of the CPC. Hence reply cannot be treated as written statement of deft no. 9 to 11. However by way of prayer clause (b) of present notice of motion, deft no. 9 to 11 are seeking permission to file their written statement on the record. On 07/01/2021, deft no. 9 to 11 filed their written statement on the record, but since it was beyond the period of limitation not exhibited. Considering the fact that deft no. 9 to 11 are contesting defts and they have filed reply to NM of plff, suit is for partition hence fair opportunity needs to be given to deft no. 9 to 11 to decide the suit on merits. So far as delay in filing written statement is concerned, plff can be reasonably compensated in terms of money. Hence Notice of motion 4505/2019 is allowed in terms of prayer clause (b) of notice of motion subject to cost of Rs. 3,000/- to be paid to plff before next date. After payment of cost, written statement of deft no. 9 to 11 be taken on record and mark as exhibit. Nature Of Disposal: ALLOWED Disposal Date: 29-11-2021
Filing Number: 109043/2019 Filing Date: 16-08-2019 First Hearing Date: 19th August 2019 Decision Date: 29th November 2021 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Order Details: Notice of Motion Pdf Text: 29.11.2021 23 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) SU 1295/2017 @ NM 3119/19 @ NM 4505/19 @ CS 1846/17 Adv Rahul Raut for plff present. Adv Mangle for deft no. 1 to 6 present. Adv Jain for deft no. 9 to 11 present. Heard Adv for plff and deft no. 1 to 6 on NM 3119/20219. It is for setting aside no reply order dated 29/07/2019…
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