Date: 30-08-2019
Business: Adv.Vishal Nawale for plaintiff present and filed original NM 3244/19 along with affidavit. The also filed affidavit of service stating that the defendant no. 1 and 3 were served with copy of plaint and NM along with order of the Court on 27/07/2019 vide Exh. A. Seen and filed.
None present for the defendant. Reply not filed
On the last date, on 26/07/2019 this Court has granted interim relief and directed defendants no. 1 and 2 to maintain status quo regarding legal status of the suit premises and the defendant no. 2 are directed not to transfer the shares in favour of defendant no.1, ignoring the claim of the plaintiff, till next date.
Interim relief to continue till next date.
Matter stands Adj for Reply to NM and Hearing to 23.09.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. Vishal Nawale for plaintiff present and filed draft CS along with affidavit. Copy served on other side.
Adv. Sanna Khan for defendant present and seeks time to file reply to draft CS. Time granted.
Heard both sides.
Earlier interim order to continue till next date.
Matter stands Adj for reply to CS on 08.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Navale for plaintiff present.
Adv. Pravina Shrivastav for defendant present and filed reply to CS 764/19. Copy served on other side.
Earlier interim order to continue till next date.
Matter stands Adj for CS hearing to 17.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Vishal Navale for plaintiff present.
Adv. Pravina Shrivastav for defendant present.
Earlier order to continue till next date.
Matter stands Adj for CS hearing to 13.02.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Vishal Nawale for plaintiff present.
Adv. Singh for defendant present and sought adjournment for hearing on CS. Adjournment granted.
Earlier order to continue till next date.
Matter stands Adj for hearing on CS to 11.03.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Vaibhav Kulkarni h/f Adv. Nawale for plaintiff present and seeks time for hearing as his senior advocate is not feeling well.
Adv. Sarogi for defendant present and submitted that he has no objection to grant adjournment in view of personal difficulty of the counsel. However, he submitted that earlier order of status quo dated 26.07.2019, which was continued on 30.08.2019, may not be continue, because there has been transfer of the flat on 20.11.2011, as per Exh. C page no. 15 along with the affidavit of CS. Hence, the status quo may be continued, as mentioned in the CS.
In view of the above, the status quo order continued stands modified accordingly.
Oral request for adjournment for the Ld. counsel for plaintiff is granted.
Matter stands Adj for hearing on CS 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: 12-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None for plaintiff.
Advocate Vedant Bende h/f adv.Bhushan Desmukh for defendant present.
The case is adjourned to 11.02.2021 for steps.
LO at 12.15pm
Adv. Neha Pandey h/f adv.Saraogi for Plaintiff present.
Already the case is adjourned to 11.02.2021 for steps.
Next Purpose: C/S HEARING
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present.
KB
LO at 12.11am
None for Plaintiff.
Advocate Ms.Sana Khan for defendant no.1 present.
KB
LO at 3.50pm
Advocate Dhamale for plaintiff present and seeks time to tender fresh Ch/s. Time is granted.
Advocate Ms.Sana Khan h/f adv. Saraogi for defendant no.1 present.
Earlier order is to be continued till next date.
The case is adjourned to 18.02.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: None for Plaintiff.
Advocate Ms. Sana Khan h/f adv. Sarogi for defendant present.
No steps are taken by Plaintiff.
The case is adjourned to 05.04.2021 for NM hearing.
Lo at 3.51pm,
Advocate Vishal Nawale i/b P.D.Gandhy and Associates for plaintiff present and tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o 05.04.2021 for NM hearing.
Earlier order is to be continued till next date.
Already the case is adjourned to 05.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 25.06.2021 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 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: NM FOR HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Matter called out at 03.44 p.m.
Adv. Vishal Navale for plaintiff present.
Adv. Ravindra Singh for Deft. No. 1 present.
Adv. Akshata Kohli I/b S. C. Pal for Deft. No. 2 present.
Heard both the sides.
F. R. S. R. following order is passed in Chamber Summon No. 1942 of 2019
ORDER
1. Chamber Summons No. 1942 of 2019 is hereby allowed in terms of prayer clause no. (a) to (c).
2. Plaintiff to carry out necessary amendments in the plaint within 14 days from the date of order and thereafter, issue writ of summons to the proposed defendants.
3. In view of the above, Chamber Summons No. 1942 of 2019 stands disposed of accordingly.
F.R.S.R. following order is passed in Chamber Summon No. 480 of 2021
ORDER
1. Chamber Summons No. 480 of 2021 is hereby allowed in terms of prayer clause no. (a).
2. Plaintiff to carry out necessary amendments forthwith in the Chamber Summons No. 1942 of 2019.
3. In view of the above, Chamber Summons No. 480 of 2021 stands disposed of accordingly.
Adjd. To 29.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Matter mentioned at 1.54 p.m.
Adv.Vishal Navale I/n Tejesh Dande & Associate for plaintiff present. He requested for extension of time for Deft. No. 3 and 4. Time extended.
Amendment carried out by the plaintiff.
Earlier order if any, to continue.
Advocate for defendant absent.
Matter stands adjourned to 29.10.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Matter called out at 3.01 p.m.
Adv. Vishal Navale I/b Tejesh Dande and Asso. for plaintiff present. He is seeking extension of time to serve the defendant. Granted.
Earlier order if any, to continue till then.
None present for defendant.
Matter stands adjourned to 15.12.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Vishal Navale I/b Tejesh Dande and Associates for plaintiff present.
None present for defendant.
As court is busy in recording evidence in SU No.3271/13 and SU
No.380/13. Therefore, matter stands adjourned to 20.01.2022 for
service.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None for plaintiff.
Adv. Mayur Parwani h/f Adv. A. M. Sarogi for defendant no. 1, 3 and 4 present and he tendered written statement on behalf of Deft. no. 3 and 4.TOR. It is marked as Exh.03 He also tendered reply to NM no. 3244/ 2019 on behalf of deft. no. 3.TOR.
Matter stands adjourned to 11.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Matter called out at 3.39 p.m.
Adv. Vishal Navale a/w Adv. Aniket Aghade I/b Tejesh Dande and Associates for plaintiff present.
Adv. Mayur Parwani for Deft. No.1, 3 and 4 present.
Earlier order if any, to continue.
Matter stands adjourned to 22.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: CORAM - H.H.J. SHRI KISHORE M. JAISWAL (C.R. 01)
(Incharge Court Room no.3)
Adv. Vishal Navale I/b Tejesh Dande and Associates for plaintiff present.
None for Defendant.
Earlier order if any, to continue.
Matter stands adjourned to 12.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Vishal Navale for plaintiff present.
Adv. Ravindra Singh for Deft. no.1, 3 and 4 present.
Earlier order if any, to continue.
Matter stands adjourned to 12.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Vishal Navade for plaintiff present. He is seeking time. Time granted.
Adv. Ravindra Singh for Deft. no.1, 3 and 4 present.
Earlier order if any, to continue.
Matter stands adjourned to 07.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Karan Chaudhary for Deft. no.1, 3 and 4 present. He is seeking time. Time granted.
None present for plaintiff.
Matter stands adjourned to 09.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Ravindra Singh for Deft. no.1, 3 and 4 present.
None present for plaintiff.
Earlier order if any, to continue.
Matter stands adjourned to 07.02.2023 for NM hearing/dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: CORAM :- H.H.J. SHRI V.D. KEDAR (CR. 01)
Matter pertains to C.R.03.
Adv. Vishal Navale I/b Tejash Dande and Assoc. for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned to 13.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: None present for plaintiff.
Adv. Suhas Chandrapal for defendant present.
Matter stands adjourned on 28.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: None for Plaintiff present.
Adv Ravindra Singh for defendant no. 1,3 and 4 present.
Plaintiff failed to argue NM hence put up for dismissal order.
Matter stands adjourned on 05-09-2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: By precipe.
Adv Vishal Navale for Plaintiff present and filed precipe for matter taken on today\''s board. TOR. Exh.4(A) O- allowed.
Power of attorney holder husband of Plaintiff present.
Adv Ravindra Singh a/w defendant nos. 3 and 4 present.
Consent terms filed by both sides.TOR Exh.5 and Plaintiff filed application for intimating the Court that defendant No.1 expired. TOR Exh.6.
ORDER BELOW EXHIBIT.5
The identity of defendant Nos. 3 and 4 is verified from the Aadhar Card and copy of which is filed alongwith the consent terms. Original Aadhar Card of defendant Nos. 3 and 4 is returned back to them after verification.
The learned Counsel for the plaintiff filed pursis at Exh.6 intimating the Court that defendant No.1 expired on 17/08/2021 and she has no surviving legal heir. The death certificate of defendant No.1 is filed at Exh.7, which is verified from the original and the original is returned back to the plaintiff.
The learned Counsel for the plaintiff also pointed out that the defendant No.2 was duly served vide show cause notice dated 02/08/2019, however inspite of service the defendant No.2 failed to appear in the proceedings. Even one Advocate Akshata Kohli i/b. S.C. Pal appeared on 11/08/2021 on behalf of defendant No.2, but no appearance was filed neither defendant No.2 filed any reply to the Notice of Motion or filed Written Statement. Therefore, the suit proceeded ex-parte against defendant No.2.
Special Power of Attorney holder of plaintiff and defendant Nos. 3 and 4 admitted to the terms and conditions of the consent terms. The consent terms read and recorded. Special Power of Attorney holder of plaintiff and defendant Nos. 3 and 4 admitted their signatures on the consent terms. Special Power of Attorney also accepted the demand of Rs.39,50,000/- towards the full and final settlement of the dispute. Hence, consent terms Exh.5 is verified and accepted.
ORDER
1. In view of consent terms Exh.5 the Suit No.2280 of 2019 stands disposed of.
2. Decree be drawn up accordingly.
3. Court fees be refunded to the plaintiff as per the rule.
4. Suit is disposed of accordingly.
Order passed in NM No. 3244 of 2019
As suit is disposed of as compromise, accordingly Notice of Motion No. 3244 of 2019 stands disposed of being infructuous.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 02-08-2023