Date: 09-09-2019
Business: Adv. Harish Pawar for plaintiff present.
And he tendered original NM 3304/19
Adv. Harsh Kesharia appeared of def no 1 and 2 and undertakes to file vakalatnama and to file reply other.
Adv. For plaintiff submitted that motion had already been served upon defendant no 5. he submitted that NM has been served upon defendant no 3 and 4 by register post and wants time to file affidavit of service in that respect.
Matter is adj. 19.09.2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. Redekar for plaintiff
Adv.Nrupi Savla for defendant present. And she filed Vakalatnama.
Affidavit of service and joint affidavit of service filed by adv. Of plaintiff
KB
LOAdv. furiya for defendant 1 and 2 present.
He filed vakalatnama. t.o.r. and marked as Exh. 2. He also filed reply to NM 3304/19. Copy given to other side.
Notice of motion has been served upon Defendant no 3 to 5 , but they did not appear. Matter is posted for direction and NM hearing.
Matter is adj. To 9.10.2019 for direction and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Harish Pawar for plaintiff present.
Rejoinder filed by plaintiff - t.o.r
Adv. Sakina Rangawala for defendant nos.3 to 5 present and
filed vakalatnama for defendant no.3 and 4 respectively - t.o.r and marked as Ex.3 and Ex.4
Copy of rejoinder is given to other side.
Adjd for NM hearing to 4.11.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Surya for defendant present.
Defendant tendered three registered NM 3978/19, 3979/19 and 3980/19 t.o.r.
Copy given to other side.
Say filed by advocate for plaintiff on three notice of motions.
KB
Order passed below notice of motion No.3980 of 2019
Perused notice of motion, affidavit in support of it and say of plaintiff. Heard respective counsel for parties.
Defendant Nos.1 and 2 have taken out present notice of motion to condone delay caused in filing written statement and to take the same on record.
It is the contention of defendants that writ of summons was served upon them on 5th September, 2019. Draft written statement was ready on 19th September, 2019 however certain information was required by them from defendant Nos.3 to 5 in respect to subject matter of the suit so same could not be filed within stipulated period. Accordingly, they made prayer in above terms.
Plaintiff society opposed the notice of motion on the count that no sufficient cause is shown to condone the delay. Accordingly, they prayed to dismiss the notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant Nos.1 and 2 have annexed copy of written statement to be filed on record which shows that they affirmed it on 9th October, 2019. Thus, it is clear that they do not want to delay the prosecution of matter. Further, reason assigned by them is sufficient to condone the delay caused in filing of written statement. More so, delay caused is not deliberate and inordinate. Therefore, I am inclined to allow notice of motion in the interest of justice. Hence, pass following order
ORDER
1.Notice of motion No.3980 of 2019 is allowed and made absolute in terms of prayer clause (a).
2.Defendant Nos.1 and 2 are directed to file their written statement today itself.
3. Accordingly, notice of motion is disposed off.
Order passed below notice of motion No.3979 of 2019
Perused notice of motion, affidavit in support of it and say of plaintiff. Heard respective counsel for parties.
Defendant Nos.3 and 4 have taken out present notice of motion to condone delay caused in filing written statement and to take the same on record.
It is the contention of defendants that writ of summons was served upon them on 24.08.2019. Suit premises was purchased in 2005 from defendant No.5 and they sold the same to defendant Nos.1 and 2 in 2012. They were required to find the documents relating to suit premises since 2005 as well as documents which were handed over to them by defendant No.5 at the time of purchase of suit premises from him. More so, defendant No.3 was also required to contact defendant No.1 and 2 so as to find out nature of suit. It is further contended that written statement was finalized on 14.10.2019 and affirmed on 15.10.2019. In above circumstances, they prayed in above terms.
Plaintiff society opposed the notice of motion on the count that no sufficient cause is shown to condone the delay. Accordingly, they prayed to dismiss the notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant No.3 and 4 have annexed copy of written statement to be filed on record which shows that they affirmed it on 15th October, 2019. Thus, it is clear that they do not want to delay the prosecution of matter. Further, reason assigned by them is sufficient to condone the delay caused in filing of written statement. More so, delay caused is not deliberate and inordinate. Therefore, I am inclined to allow notice of motion in the interest of justice. Hence, pass following order
ORDER
1.Notice of motion No.3979 of 2019 is allowed and made absolute in terms of prayer clause (a).
2.Defendant Nos.3 and 4 are directed to file their written statement today itself.
3. Accordingly, notice of motion is disposed off.
Order passed below notice of motion No.3978 of 2019
Perused notice of motion, affidavit in support of it and say of plaintiff. Heard respective counsel for parties.
Defendant No.5 has taken out present notice of motion to condone delay caused in filing written statement and to take the same on record.
It is the contention of defendant that writ of summons was served upon him on 23.08.2019. Suit premises was sold to defendant No.3 and 4 in 2005 by him. It was belonging to his father and was in possession, use and occupation of his father since 1959. He was required to collect the documents almost 60 year old for filing his written statement. He was also required to find out the papers available with him as he has already suit premises to defendant Nos.3 and 4. It is further contended that written statement was finalized on 12.10.2019 and affirmed on 14.10.2019. In above circumstances, he prayed in above terms.
Plaintiff society opposed the notice of motion on the count that no sufficient cause is shown to condone the delay. Accordingly, they prayed to dismiss the notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant No.5 has annexed copy of written statement to be filed on record which shows that he affirmed it on 14th October, 2019. Thus, it is clear that he does not want to delay the prosecution of matter. Further, reason assigned by him is sufficient to condone the delay caused in filing of written statement. More so, delay caused is not deliberate and inordinate. Therefore, I am inclined to allow notice of motion in the interest of justice. Hence, pass following order
ORDER
1. Notice of motion No.3978 of 2019 is allowed and made absolute in terms of prayer clause (a).
2.Defendant No.5 is directed to file his written statement today itself.
3. Accordingly, notice of motion is disposed off.
Exh.5 Written statement filed by defendant Nos.1 and 2
Exh.6 Written statement filed by defendant Nos.3 and 4
Exh.7 Written statement filed by defendant No.5
Copy be served upon plaintiffs.
Adjourned for NM hearing to 28.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Furia for defendant present.
KB
LO
With consent of both parties matter is adjourned.
Adjourned to 2.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Nrupi Savla for defendants present.
KB
LO
Adv. Furia for defendant present.
With consent of both the parites adjourned for NM hearing to 18.12.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Furia for defendant present.
KB
LO
Same appearance.
Partly heard advocate for plaintiff on NM No.3304 of 2019.
Adjourned for further hearing to 17.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Harish Pawar for plaintiff present.
Adv. Furia for defendant present.
He sought adjournment.
O- Short adjournment is granted.
Adjourned to 3.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: As court is on leave, Hence board adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 03-02-2020
Business: As court is on leave, Hence board adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv Harish Pawar for plff present.
Adv Gurav for deft present.
She seeks time for NM hearing. Granted.
Matter stands Adj for NM hearing to 09/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv Pawar for plff present.
Adv Furiya for deft present.
Heard both parties on NM 3304/2019.
Matter stands Adj for NM order to 21/03/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
Matter stands Adj for NM Order to 27.03.2020
Next Purpose: NM ORDERS
Next Hearing Date: 27-03-2020
Date: 21-03-2020
Business: None present.
Matter stands Adj for NM Order to 27.03.2020
Next Purpose: NM ORDERS
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 08-04-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: NM ORDERS
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: NM ORDERS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: NM ORDERS
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 23-07-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: None present.
Adjd. to 16.10.2020 for Order on N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 16-10-2020
Date: 08-10-2020
Business: None present.
Adjd. to 16.10.2020 for Order on N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: None present.
Matter stands Adj for NM Order to 26/10/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: P. O. is busy in newly assigned urgent matters.
Matter stands Adj for NM Order to 31/10/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Adv Harish Pawar for plff present.
Adv Furiya for deft present.
F. R. S. R. following order is passed -
Notice of motion no. 3304/2019 is dismissed and disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 05-11-2020