Shri Shantaram Ganu Pate +2 moreVsShri Harishchandra Ganu Pate

Date: 22-10-2019
Business: Matter called out(3.16pm)
Exh-7 Adv.Kishor Pashte for plaintiff present tendered original writ of summons and affidavit of service.
Exh-6 Adv.Santosh Sitap for defendant present filed vakalantama.T.O.R.
Defendant filed reply to the N/M No.3804/19.
Copy serve to the other side.
Heard both the side on N/M No.3804/19
Matter is adj to 23/10/2019 for order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Matter called out(4.05pm)
Adv.Kishor Pashte for plaintiff present.
Daughter of defendant present.
F.R.S.R following order is passed on N/M No.3804/19.
ORDER
1.Notice of Motion No. 3804 of 2015 is hereby made absolute in terms of prayer clause (a) and (b).
2.Parties to bear their own cost.
3.Notice of Motion No. 3804 of 2015 is disposed off accordingly.
Plaintiff no.1 and defendant are directed to remain present on next date.
Matter is adj to 23/11/19 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Plff and adv are absent.
Deft present. Adv for defendant present.
Plff though directed to remain present but failed to appear today. Deft seeking time to file w.s. Time granted subject to the limitation.
Matter adjd for w.s. to 18/01/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Matter is called out at 12.30pm
Adv.Kishor G.Pashte for plaintiff present.
Adv.Santosh B. Sitar for defendant present tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Copy served to the other side.
Draft notice of motion hand-over to the defendant advocate for registration.
As the dispute is it between family members and both the side shown there willingness to refer the matter for mediation.  Hence, matter be refer to mediation.
Matter is adj to 05/03/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Matter is called out at 3.34pm
Plaintiff and his advocate absent.
Defendant in person present.
Adv.Sitap for defendant present.
Adv. for defendant tendered registered N/M No.417/2020.
Plaintiff failed to file reply hence put for no reply.
Matter is adj to 15/04/2020 for N/M reply and N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Adv. Santosh Shitam for defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\\\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\\\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 03.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 64/2021 dtd. 29.03.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 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 owing to absence of the parties.
Adjd to 02.07.2021 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Adv. Santosh Sitop for deft present.
None for plfff.
Due to COVID-19 pandemic, matter is adjourned.
adjd to 07.09.2021 for.NM replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv. Santosh Sitap  For defendant present.
None for plaintiff.
Adjd for NM reply to 18/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In view of order no. 213 of 21 holiday is declared.  Hence matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Adv. For plaintiff present.
Adv. Santosh Sitap  For defendant present.
Adv. For plaintiff filed reply to NM No. 417/20. t.o.r.
Adjd for NM arguments to 02/02/2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: None for plaintiff.
Adv. Santosh Sitap For defendant present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for NM hearing to 15/03/2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. For plaintiff present and seeking adjournment to argue NM.
Adv. Santosh Sitap  For defendant present.
Adjd for NM hearing to 16/06/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: None for plaintiff.
Daughter of defendant namely Kirti Patil present and prayed for adjournment due to non availability of advocate  - allowed
Matter is adjd.to 19-08-2022 for NM Hrg.
LO
Adv. Kishor Pastte for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None for plaintiff.
Adv. Santosh Sitap for defendant present.
Matter is adjd.to  01-10-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 25-11-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Plaintiff in person present.
Adv. Santosh Sitap for defendant present.
Matter is adjd.to 17-01-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Kishore Paste for plaintiff present.
Adv. Santosh Sitap for defendant present and submitted that the defendant expired  on 21/12/2022 and he needs some time to take steps for bringing the Lrs on record. He prayed for adjournment - allowed.
Matter is adjd.to  21-02-2023 for  steps for bringing the Lrs of deft.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv. Kishor Paste for plaintiff present  and filed registered C/S No.  313/23  with supporting affidavit. t.o.r.
Adv. Santosh Sitap for defendant present and received copy of C/S No.  313/23.
Matter is adjd.to  21-03-2023 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: None for plaintiffs.
None for defendant
Matter is adjd.to 18-07-2023 for C/S  Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: PO is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: Adv. Kishor Pashte for plaintiff present.
Adv.  Santosh Sheetap for proposed defendant present and filed say on chs/ no. 313 of 2023. TOR.
Order
The sole defendant died. The both advocate submitted that suit is filed for partition. The proposed LRs of defendant have no objection to implied them as party defendant in the suit. So right to sue-survive and proposed defendant have no objection to became party defendant.
Considering this I passed following order :-
1) Prayer clause (a) and b of ch/s no. 313 of 2023 is made absolute.
2) Plaintiff is directed to carry out amendment within stipulated period.
Matter adjourned to 06/12/2023 for n/m hearing.
Next Purpose: HEARING
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: None For plaintiff present.
None For defendant present.
Matter adjourned for compliance/hearing to 27/02/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv.  Kishor Pashte for plaintiff present.
Adv. Audumbar Swar for defendant present and seek time for NM hearing. Time granted till next date.
Matter adjourned for NM hearing to 28/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Adv. Kishor Paste For plaintiff present.
Adv.  Santosh shitap for defendant present.
Matter adjourned for argument to 29/07/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: Adv. Kishor Pashte for plaintiff present.
Adv. Santosh Shitap for defendant no. 1b present and filed V/p at Exhibit-7 Taken on record.
Heard both sides on n/m no. 417 of 2020.
KB for NM order..
L. O.
Notice of motion no. 417 of 2020 disposed of.
Further Reasons Separately Recorded.
Order dictated and pronounced in open court.
Matter adjourned for compliance to 18/10/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: By precipe at Exhibit-8 Taken on record.
Adv.  Sautosh B. Sitap for defendant no. 1b present and filed copy of written statement at Exhibit-9. Taken on record.
Matter adjourned to 18/10/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Son of plaintiff present, his advocate absent.
None for defendant present.
Matter adjourned for draft issues to 03/03/2025.
L. O.
Adv. Santosh B. Sitap for defendant no. 1b present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: None for plaintiff present.
Adv. Santosh B. Sitap for defendant no. 1b present and filed V/p at Exhibit-10.
Later on..
Adv. Kishor G. Pashte for the plaintiff present and filed affidavit of service at Exhibit-11 and submits that service is effected on advocate for the defendant no. 1a and 1b. Defendant no. 1a and 1b are duly served the amended copy of plaint.
Matter adjourned for draft issues to 25/04/2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: None for the plaintiff present.
Adv. Santosh B. Sitap for defendant no. 1a and 1b present.
Matter adjourned for draft issues to 17/09/2025.
Judg
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: Taken on board.
By precipice at Exh.12
Adv. Kishore Pashte for plaintiff present and tendered draft notice of motion alongwith affidavit in support thereof. Taken on record. Leave is granted to register it.
Matter adjourned to 17/09/2025 for NM reply/draft issues.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: Plaintiff and advocate absent.
Daughter of defendant present, her advocate absent.
Matter adjourned for NM reply by defendant/draft issues to 13/12/2025.
Later on..
Adv. Kishor Pashte for plaintiff present and tendered registered n/m no. 4372 of 2025.
Matter adjourned to 31/10/2025 for NM reply by defendant/draft issues
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: P. O. is on leave, matter adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Kishor Pashte present for plaintiff and filed affidavit of service of Notice of Motion no.4372/2025. Taken on record. Marked as Exh-13.
None present for defendant.
Defendant to filed reply to NM no.4372/2025 on next date without fail.
Matter is adjd. for NM reply to 05.01.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: Adv. Kishor Paste  a/w CA of  plaintiff.
None present for defendant.
Defendant failed to file reply to NM No. 4372/25. Hence, Nm to proceeding without reply
Matter is adjd. for NM hrg to 17-02-2026 .
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Kishor Pashte present for plaintiff.
None present for defendant.
Matter is adjd. for NM argument to 06.05.2026.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: CORAM : H.H.J. SHRI AMIT A. LAULKAR  (C.R.NO.66)
Adv. Kishor Pashte present for plaintiff.
None present for defendant.
Due to absence of defendants, hearing on Notice of Motion could not be taken up. Last chance granted for the same.
Matter is adjd. for NM hearing(last chance)(without reply) to 29.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Court is on half day leave in afternoon session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2026

NOTICE OF MOTION/103804/2019
CHAMBER SUMMONS/100313/2023
NOTICE OF MOTION/104372/2025
NOTICE OF MOTION/100417/2020

Registration Number: 102585/2019
Transfer Date: 19-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102585/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 109097/2019
Filing Date: 16-08-2019
First Hearing Date: 22nd October 2019
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE