Ramniwas Ramdayal DhootVsD. S. Kulkarni and Co. +3 more

Date: 10-01-2020
Business: Advocate Ms. Pooja Pangle for Plaintiff present
None present for Defendant.
Court is busy in recording evidence in suit no.334/14 and court has to entertain two part-heard suits, hence case is adjourned to 07/02/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Advocate Pooja Pangle for Plaintiff present and sought extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
None present for Defendant.
Court is busy in hearing and dictating order on review petition no.211/19 and hearing final arguments in suit no.569/05, hence case is adjourned to 03/04/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: DIRECTIONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Adjourned due to Covid-19.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv Mr. Narendra Devwansh for plff present and filed application for re-issuance of fresh writ of summons on the defts.
Heard. Application is allowed as prayed.
Matter is adjourned for return of writ of summons to 23.04.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv Mr.Nakul Shah present for the plff and filed affidavit of service at Exh.4.
None present for defts.
Adv. for plff seeks time to file reply to appln. Exh.3 received from the deft.
Matter is adjd. for reply on Exh.3 to 10.12.2021.
Next Purpose: REPLY
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Mr. Narendra Devvansh present for plff. and filed reply at Exh.3/A to application Exh.3 received from deft Nos.2 and 4.
The contents of Exh.3 show that deft Nos.2 and 4 have sent said application from jail. Copy of order dt.17.08.2021 passed by Hon’ble High Court is placed on record by ld. Adv. for the plff with his reply to the application which shows that deft No.4 is ordered to be released on bail by Hon’ble High Court. Apparently, their appears substance in the submission of ld. Advocate for the plff that deft No.4 did not appear despite the fact that he is enlarged on bail after he sent joint application Exh.3 alongwith deft No.2. Since deft No.4 failed to appear, suit to proceed ex-parte against deft No.4. In the result, application Exh.3 stands rejected so far as deft No.4 is concerned.  It is not the contention of the plff that deft No.2 also enlarged on bail. Deft Nos.1 and 3 are yet to be served with writ of summons hence, application Exh.3 be kept for order on next date so far as deft No.2 is concerned.
None present for deft.
Matter is adjd. for service of writ of summons on deft Nos.1 and 3 and for order on Exh.3 in respect of deft No.2 to 21.01.2022.
Next Purpose: SERVICE
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv Mr. Narendra Devwansh for plff present.
None present for defts.
Heard argument of adv for plff on application Exh.3 which is forwarded by accd Nos.1 and 4 from the prison wherein request is made not to decide the suit ex-parte without giving opportunities of hearing to them. Ld. Advocate for plff submitted that already sufficient chances are given to those defendants to file their WS. Though deft Nos.1 and 4 are in prison, the copy of order produced by ld. Advocate for the plff with his reply Exh.3/A shows that wife of deft No.1 who is defendant No.2 in this suit and who is the mother of deft No.4 has been enlarged on bail as per order dt.17.08.2021 by Hon’ble High Court. Deft No.1 and 4 can very well engage advocate on their behalf for filing WS in the suit and to contest the suit but they failed hence, suit to proceed without WS against deft Nos.1 and 4. In the result, application Exh.3 is disposed off as above.
Affidavit of service filed at Exh.4 shows that defendant No.2 and 3 are not properly served with writ of summons. Adv for plff seeks time to serve those defts with writ of summons.
Matter is adjd. for service of writ of summon in respect of deft Nos.2 and 3 to 01.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: None present for both sides.
Service affidavit in respect of deft.No.2 and 3 not filed.
Matter adjd to 17.08.2022 for service affidavit.
Judge
LO at 11.55 am
Adv.Narendra Devvansh for plaintiff present.
The Ld.Adv.for the pltff. submits that deft.No.1 and 3 are to be served, hence, the pltff. to take appropriate steps regarding service of summons. The Ld.Adv.for the pltff requested for change of date from 17.08.2022 to 19.08.2022. Accordingly date is changed.
Matter adjd to 19.08.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv.Chetan Valvi i/b.Law Chamber for plaintiff present. He submits that plaintiff wants to withdraw this suit. He requested for time.
Matter adjd to 21.10.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: Adv.Narendra Devvansh for plaintiff present. Plaintiff requested to refer case to lok-adalat. The Adv.for plaintiff submits that plaintiff will remain present in the lok-adalat. Hence, matter is referred to lok-adalat.
Matter adjd to 12.11.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: C.A. of Plaintiff present.
None for defendant.
Adv. Narendra Devvansh for plaintiff filed withdraw pursis tor marked as Exh. 5
He also filed filed compromise form Appendix - I  tor marked as Exh. 6
None for defendant.
Suit is  withdrawn unconditionally. Issue Court fee refund as per rules in the name of the Plaintiff.  SC SU No.  3305/19 stands disposed of.
Nature Of Disposal: OTHER
Disposal Date: 12-11-2022

Registration Number: 103305/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 109678/2019
Filing Date: 31-08-2019
First Hearing Date: 10th January 2020
Decision Date: 12th November 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE