Date: 17-09-2019
Business: Matter called out(3.41pm)
Adv.Tripathi for plaintiff present.
Defendant in person present.
Seeking time to file reply. Time granted by way of last chance.
Matter is adj for reply and hearing on N/M on 02/11/19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Matter is called out at 3.32 pm
Adv. Tripathi for plaintiff present,
Exh-7 Shri.Kalpesh Bokadiya holding for defendant present, filed application along with the medical certificate stating that defendant is not keeping well hence seeking adjournment. O-Looking to the reasons adjournment granted.
Matter is adj for reply to 04.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Matter called out(3.11pm)
Adv.Krishnagopal Tripathi for plaintiff present
Adv.V.N.Gupta for defendant present seeking time to file reply on C/S.
Defendant tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft notice of motion handed-over to the defendant advocate for registration.
Matter is adj to 29/01/2020 for C/S reply and N/M reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Court is busy hearing on N/M No.3649/19.
Adv.K.S.Triapthi for plaintiff present.
Adv.V.N.Gupta for defendant present.
Defendant advocate tendered registered N/M No.4638/19.T.O.R
Plaintiff advocate filed reply on N/M No.4638/19.T.O.R
Matter is adj to 25/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Matter is called out at 3.03pm
Adv.Krishnagopal Tripathi for plaintiff present.
Defendant and his advocate absent. In order to give opportunity of hearing to the defendant matte is adj by way of last chance. In the event on next date the defendant failed to file reply to the C/S, the court will proceed without say of the defendant.
Matter is adj to 09/04/2020 for C/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: C/S HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Due to Corona Pandemic, it seems that parties are absent hence case adjourned to 14.08.2020
Next Purpose: C/S HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Due to Covid-19 none present.
Next Purpose: C/S HEARING
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Due to Covid-19 none present.
Court is busy in online training.
Next Purpose: C/S HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Adv Tripathi for plaintiff present.
Adv V.L.Gupta for defendant present. He requested adjournment for filing reply in C/s.
Matter adjd for hearing on C/s and N.M. on 24/03/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv Tripathi for plaintiff present.
Adv Gupta for defendant present.
Adv for defendant submitted that N.M is taken out by him for the restoration of 3161 of 2017 which was moved for permission to file Wr/St. He submitted that this N.M. is required to be heard first. On the contrary Adv for plaintiff submitted that he moved the C/s for certain direction to defendant for production of documents. C/s is prior in time so it requires to be heard first.
Considering the rival submissions and facts of the case in my opinion it is just and proper to herd the N.M. firstly. Parties are directed to argue on N.M.
Defendant to file reply in C/s.
Matter adjd for N.M. hearing and reply in C/s on 19/06/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Next Purpose: C/S HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Next Purpose: C/S HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Court is vacant.
Next Purpose: C/S HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Next Purpose: C/S HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Court is vacant.
Next Purpose: C/S HEARING
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Advocate Tripathi for plaintiff is present.
Advocate Gupta for defendant is present and filed reply to CS No. 1600/19. TOR.
Adjd. for hearing on NM and CS to 23/06/2023
Next Purpose: C/S HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Tripathi present for plaintiff.
Adv. Gupta present for defendant.
Heard adv. of both the sides NM 4638/2019.
Matter is adjd. for Order on NM to 10.07.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
F.R.S.R. the following order is passed on
ORDER
1. NM no.4638/2019 is allowed in terms of prayer clause(a) and (b).
2) NM no.3161/2017 is hereby restored for hearing.
3) NM no.4638/2019 is disposed off accordingly.
Matter is adjd. for NM no.3161/2017 hearing to 26.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Krishnagopal S. Tripathi present for plaintiff.
Adv. V. N. Gupta present for defendant.
Matter is adjd. for NM hearing to 06.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Tripathi present for plaintiff.
Adv. V. N. Gupta present for defendant.
Adv. for defendant filed list of citation on record. t.o.r. Copies are served on advocate for plaintiff.
Matter is adjd. for NM hearing to 06.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Tripathi present for plaintiff.
Adv. V. N. Gupta present for defendant.
NM no.3161/2017 is not restored on CIS as per order dtd.10.07.2023. Board clerk is directed to restore the same.
Matter is adjd. for NM hearing to 30.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Tripathi present for plaintiff.
None present for defendant.
Notice of Motion no.3161/2017 is not restored on CIS as per order dtd.10.07.2023. Board clerk is directed to restore the same.
Matter is adjd. for NM hearing to 10.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Tripathi present for plaintiff.
None present for defendant.
Notice of Motion 3161/2017 is not yet restored in CIS.
Matter is adjd. for NM hearing to 06.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Krishnagopal Tripathi present for plaintiff.
Adv. V. N. Gupta present for defendant.
Notice of Motion no.3161/2017 is restored as per earlier order. Hence, matter is adjourned for hearing on said Notice of Motion.
Matter is adjd. for NM hearing to 12.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Adv. V.S. Tripathi for Plaintiff present.
Adv. Seema Gupta for defendant present.
Matter stands adjourned on 13.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Advocate K.S. Tripathi for Plaintiff present.
None for defendant present.
Matter stands adjourned on 02.04.2024 for Notice of Motion hearing/dismissal of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Advocate K.S. Tripathi for Plaintiff present and submitted that the defendant has filed Notice of Motion No.3161/2017 for filing written statement by condoning delay, but it is not argued. He prayed to dismiss Notice of Motion No.3161/2017 and to hear Chamber Summons No.1600/2019.
None for defendant present.
Considering submission of Advocate K.S. Tripathi and the fact that Notice of Motion No.3161/2017 was restored two dates back on 06.12.2023 and Advocate for the defendant was present on 12.01.2024, one more chance can be given for hearing in Notice of Motion No.3161/2017.
Matter stands adjourned on 03.05.2024 for Notice of Motion hearing and Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Advocate K.S. Tripathi for plaintiff absent.
Advocate V.N. Gupta for defendant present and filed pursis informing that the defendant expired on 10.01.2024 and he has no instructions t.o.r. and marked as Exhibit-08 -seen.
Matter stands adjourned on 18.07.2024 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: Adv. K. S. Tripathi for plaintiff present.
None for defendant present.
Adv. requested for grant of time for taking steps. Time granted.
Matter stands adjourned on 02/08/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: Adv. K. S. Tripathi for plaintiff present and filed draft Chamber Summons along with affidavit to bring Legal heirs on record. Leave is granted to register it.
None for defendant present.
Plaintiff is permitted to served defendant and proposed LRs by registered post AD and through bailiff.
Matter stands adjourned on 25/09/2024 for filing service affidavit, reply and registered Chamber Summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: Adv. K. S. Tripathi for plaintiff present and prayed for extension of time for service of chamber summons. Time granted.
None for defendant present.
Matter stands adjourned on 20.11.2024 for service of chamber summons.
Next Purpose: SERVICE
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: On Wednesday, the 20th November, 2024 on account of Polling Day of General Election of State Legislative Assembly of Maharashtra Court was closed and in lieu thereof Tuesday, the 24th December, 2024, is declared as Court Working Day, by curtailing the Christmas vacation. Hence, matter posted on 20/11/2024 are now posted on 24/12/2024. Parties to take note.
Next Purpose: SERVICE
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: None for plaintiff present.
None for defendant present.
Defendant are absent for proceeding with Notice of Motion. It appears that defendant is not interested in proceeding with Notice of Motion. Hence, Notice of Motion is posted for dismissal order.
Matter stands adjourned on 20/01/2025 for Notice of Motion dismissal.
Later on.
Adv. R. S. Tripathi for plaintiff present and seeks extension of time for service of Chamber Summons No.1894/2024. Time is extended.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Adv. K. S. Tripathi for plaintiff present and submitted registered Chamber Summons No.1894/2024 along with affidavit. Taken on record.
He also filed service affidavit in respect of Chamber Summons No.1894/2024. O-Seen. Taken on record and marked as Exhibit-9.
None for defendant present.
No steps are taken by defendant for proceeding with Notice of Motion. Hence, Notice of Motion No.3161/2017 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No. 3161/2017 in Suit No.2893/2016 is closed. Parties to take note.
Record reflects that defendants were represented by Adv. Vrushal N. Gupta vide vakalatnama at Exhibit-8. He informed this court that defendant expired on 10/01/2024. The aforesaid information was given by Adv. for defendant on 03/05/2024. The Chamber Summons is taken on 03/09/2024. The same is served as per service affidavit at exhibit-9 upon the proposed LRs. No. reply is filed. In view of the affidavit. Chamber Summons No.1894/2024 is allowed in terms of prayer clause (a) to (e). Plaintiff to carry out necessary amendment on or before next date. Proceeding of Chamber Summons No.1894/2024 in Suit No.2893/2016 is closed. Parties to take note.
Matter stands adjourned on 31/01/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: Adv Mr. K. S. Tripathi for plaintiff present and filed amended plaint.
None for defendant present.
Matter stands adjourned on 17.04.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: Adv. Tripathi for plaintiff present and filed service affidavit of amended plaint. Seen. Taken on record and marked as Exhibit- 10.
None for defendant present.
Matter stands adjourned on 11/06/2025 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: None for plaintiff present.
None for defendant present.
No additional written statement has been tendered by the defendant to upon receiving the copy of amended plaint on 25/02/2025 by speed post. Hence, matter shall proceed further for hearing without additional written statement. It appears that suit was proceed for recording of evidence without written statement of the defendant having been filed. Record does not reflect that issues have been framed after the defendant sought permission to file written statement by setting aside the earlier order of the suit proceeding for hearing without written statement. Notice of Motion No.3161/2017 taken out for the said purpose by the defendant stood dismissed for default and for want of prosecution by order dated 20/01/2025. The suit was pending at the stage of admission and exhibition of document produced and relied upon by the plaintiff in support of his pleadings. Since, now there is no written statement of defendant on record matter shall be taken up on record for admission and denial of document.
Matter stands adjourned on 07/07/2025 for admission/denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-07-2025
Date: 07-07-2025
Business: Adv. K. S. Tripathi for plaintiff present.
None for defendant present.
Heard, Learned Adv. for plaintiff on merits of Chamber Summons No.1600/2019. The plaintiff has claimed that the original indenture of conveyance dated 13/04/2000 and special POA dated 08/03/2004 executed by plaintiff in favour of original defendant (Jivraj Bokadiya) and are in the custody of original defendant and are necessary for the final adjudication of the subject matter in the suit on merits before this court. Therefore, the plaintiff had served notice dated 13/07/2019 u/s 66 of Indian Evidence Act upon original defendant for production of said original documents on record of this proceeding along with the copies thereof and has also served notice dated 25/03/2019 for calling upon the original defendant to admit the genuineness and correctness of true copy of said documents produced on record along with the plaint. It appears that neither the original defendant has produced the original documents on record nor has been any reply to notices issued neither has been any reply to admit or deny a genuineness of document being filed by the defendant till date. In such circumstances considering that the suit has been filed for seeking declaration that special POA dated 08/03/2004 is null, void and canceled and for perpetual injunction to restrain original defendant and his LRs from acting on the basis of the said special POA for sale, mortgage, charge, exchange, lease etc. of the suit property on behalf of the plaintiff, the said original document need to be brought before the court for consideration about the reliefs whether can be granted and the effects thereof. Hence, the Chamber Summons No.1600/2019 is hereby allowed. The original defendant and now his LRs is directed to produce on record along with true copies, the special POA dated 08/03/2004 and original indenture of conveyance dated 13/04/2000 till next date of hearing.
Nature Of Disposal: ALLOWED
Disposal Date: 07-07-2025