M/S. Nathan Properties Pvt. Ltd. +2 moreVsDharmesh K. Desai

Date: 22-11-2019
Business: Adv. Jitesh Agarwal for plff present.
Plaint
VP
Address Memo
List of documents
Plff is directed to writ of summons upon deft through Court Bailiff.
Adjd for Service to 10.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Both parties are absent
Adjd to 03.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None for plaintiff.
Plaintiff and his Ld. advocate are absent when the matter is called  at 11.25 a.m.  Hence kept for dismissal on next date for want of steps.
LO
Adv. Rohit Yadav  for plaintiff present.
Adjd to 09-06-2020 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Dismissal to 10.11.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for dismissal to 16.01.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Advocate Aakash Garji for plaintiff present.
None for defendant.
KB
LO at 11.56am,
Same appearance.
Advocate for Plaintiff tendered affidavit of service indicating that the service could not be effected as the defendant has left the address.
Advocate for Plaintiff sought time for further steps.
The case is adjourned to 18.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Advocate Ms. Vidya Rathod for plaintiff present and seeks time.
Time is granted.
The case is adjourned to 23.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Advocate Aaksh Darji h/f adv. Agrawal for plaintiff present and requested to keep back the matter
KB
LO at 1.00pm,
Advocate Agrawal  for plaintiff present and seeks time to move appropriate application.
The case is adjourned to 30.04.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Matter called out at 12.15 pm
None present.
Matter stands adjourned to 17-12-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Matter called out at 12.29 p.m.
None present.
Matter stands adjourned to 02.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Matter called out at 12.17 p.m.
Adv. Sunaina Chakravarty for plaintiff present. She is seeking time to file affidavit of service. Time granted.
None present for defendant.
Matter stands adjourned to 29.04.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Jitesh Agarwal for plaintiff present.
He tendered affidavit of service. TOR. Exh.5.
He also tendered application for alternate service through paper publication.  TOR. Exh.6.
O-Allowed.
As court is busy in dictating judgment in SU no.594/08.
Matter stands adjourned to 22.07.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Jitesh Agarwal for plaintiff present. She tendered affidavit of service. TOR. Exh.07.
Plaintiff to take steps and file the postal envelope which bears the remark of the postman as addressee \''left\''.
None present for defendant.
Matter stands adjourned to 21.09.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: None present.
K.B.
Later on mentioned at 12.11 p.m.
Adv. Sunaina Chakravarty for plaintiff present. She tendered additional affidavit of service. TOR. Exh.08.
Matter stands adjourned to 30.11.2022 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Manav Hiranandani for plaintiff present. He tendered application for ex-parte order against the defendants. TOR. Exh.09.
The postal report vide Exh.08 shows that the defendant has left the address. Simultaneously, paper publication is also issued against the defendant. The address of defendant mentioned is the same which is appearing in the copy of agreement of sale filed alongwith plaint at Page Sr. no.18. The address appears to be correct. Hence, service upon the defendants is presumed to be proper service and therefore, matter be proceeded ex-parte against the defendant.
None present for defendant.
Matter stands adjourned to 16.02.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv. Manav Hiranandani h/f Adv. Jitesh for plaintiff present. He tendered evidence affidavit and list of documents. TOR. Exh-10 and 11.
None for defendant.
Put up for hearing on exhibiting of document.
Matter stands adjourned on 15.04.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv. Sunaina Chakrvarti for plaintiff present. She is seeking time. Time granted.
None present for defendant.
Matter stands adjourned on 30.06.2023 for Ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: As P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Adv Jitesh Agarwal a/w Plaintiff present.
None for defendant present.
Matter stands adjourned on 11-09-2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Adv Sunaina Chakravartiy a/w Plaintiff present.
None for defendant present.
Documents filed along Exh. 10 not original though mentioned in the list as original, hence plaintiff to take steps for filing the original documents.
Matter stands adjourned on 01-11-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: As Court is on leave, hence matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Both parties absent.
Matter stands adjourned on 05-04-2024 for steps.
Later on at 12.45 pm.
Advocate Sunaina Chakrvarti for plaintiff present.
Matter stands adjourned on 05-04-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Sunaina Chakravarti for Plaintiff present.
None for defendant present.
Exh. 12 Application filed by plaintiff for inspection of record.
O - Allowed.
Matter stands adjourned on 27-06-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None for Plaintiff.
None for defendant.
Matter stands adjourned on 23.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. Jitesh Agarwal for Plaintiff present.
None for defendant present.
L. O. at 2.45 P. M.
Adv. Jitesh Agarwal for Plaintiff present and seeking time.
Matter stands adjourned on 01-10-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Adv. Sunaina Chakravarti for Plaintiff present and filed additional affidavit of evidence along with list of documents. t.o.r. and marked as Exh.13 and Exh.14.    PW-1 Mr. Vishal Agarwal is present.
None for defendant present.
Further Examination in Chief of PW-1 Mr. Vishal Agarwal is commenced.
1. The document at Serial No. 3 original office copy of notice dtd. 27.07.2007, marked at Exh.15.
2. The document at Serial No. 4 acknowledgment, marked at Exh.16.
3. The document at Serial No. 5 office copy of notice 23.08.2008, marked at Exh. 17.
4. The document at Serial No. 6 and 7 postal receipts dtd. 28.08.2008, marked at Exh.18 and Exh.19 Respectively.
The document at Serial No. 8 acknowledgment dtd. 28.08.2008, marked at Exh. 20.
The document at Serial No. 9 postal receipt dtd. 28.08.2008, marked at Exh.21.
The document at Serial No. 10 acknowledgment dtd 28.08.2008, marked at Exh. 22.
The document at Serial No. 11 office copy of notice dtd. 11.06.2009, marked at Exh.23.
The document at Serial No. 12,13 and 14 postal receipts dtd. 12.06.2009, marked at Exh.24 to Exh.26 respectively.
The document at Serial No. 15 acknowledgment dtd. 12.06.2009, marked at Exh.27.
The document at Serial No. 16 and 18 original copy of reply dtd. 23.06.2009, marked at Exh.28 collectively.
The document at Serial No. 17 and 19 original envelopes dtd. 23.06.2009, marked at Exh.29 and Exh.30 respectively.
The document at Serial No. 20 office copy of rejoinder dtd. 09.08.2009, marked at Exh.31.
The document at Serial No. 21 and 23 postal receipts dtd. 10.09.2009, marked at Exh.32 and Exh.33 respectively.
The document at Serial No. 22 acknowledgment dtd. 10.09.2009, marked at Exh.34.
The document at Serial No. 24 and 25 postal receipts dtd. 10.09.2009, marked at Exh.35 and Exh.36 respectively.
The document at Serial No. 26 original share certificate bearing no.71 dtd. 09.01.2019, marked at Exh.37.
Examination in Chief is completed.
The defendant is ex-parte hence no cross.
Pursis for closing evidence filed by Ld. Adv. for plaintiff. t.o.r. and marked as Exh.38.
Matter stands adjourned on 16-11-2024 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Adv. Sunayana Chakrwarti for Plaintiff present and seeking time.
None for defendant present.
Matter stands adjourned on 24-01-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Sunaiyna Chakrawarti for Plaintiff present and seeking time to take steps.
None for defendant present.
Matter stands adjourned on 25-03-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: P.O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH (CR. 03)
Advocate Sunayna Charkvarti for Plaintiff present.
None for defendant present.
Later on at 12.20 p.m
Advocate for plaintiff filed evidence closing pursis. t.o.r. and marked as Exh.39.
Matter stands adjourned on 14-07-2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Deepak Gupta h/f Advocate Agarwal for Plaintiff present and seeks time to argue. Time is granted till next date.
None for defendant present.
Next date is fixed on request of Learned Advocate for the plaintiff.
Matter stands adjourned to 18-08-2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Sunayna Charkvarti for Plaintiff present.
None for defendant present.
Heard advocate for plaintiff. She submits that though the plaintiffs have not filed property card there is title certificate issued by an advocate. An attention of Learned Advocate for the plaintiff is drawn towards provisions under Para 8, of Chapter 2 of Civil Manual.
She also submits that Court to consider a registered agreement and lastly seeks time to file property card. Time is granted till next date.
Matter stands adjourned to 02-09-2025 for compliance/Judgment.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
The plaintiff failed to comply order dtd. 18.08.2025. Therefore considering submission made on 18.08.2025 the suit is reserved for judgment.
Matter stands adjourned for Judgment to 18-11-2025.
Next Purpose: JUDGMENT
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Jitesh Agarwal for Plaintiff present and filed application at Exh.40 alongwith documents in compliance of order dtd. 18.08.2025. O - Production is allowed.
None for defendant present.
Matter stands adjourned for consideration/Judgment to 10-12-2025.
Next Purpose: CONSIDERATION
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: Adv. Jitesh Agarwal for Plaintiff present and filed application for submitting the documents on record. Marked at Exh. 41. Kept for consideration.
None for defendant present.
Matter stands adjourned for consideration/order to 13-01-2026.
Next Purpose: CONSIDERATION
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR.03)
Plaintiff present.
Adv.Jitesh Agarwal for Plaintiff present and submitted that he complied the order dated 18/08/2025.
None for defendant present.
Matter stands adjourned for final argument to 28/01/2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
None for defendant present.
KB
Later on at 1.42pm
Adv. for plaintiff present.
Argument partly heard by Adv. for plaintiff.
Matter stands adjourned for argument P.H. to 07/02/2026.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
NOB-TOB. By praecipe. Marked at Exh.42.
Advocate Agarwal for Plaintiff present and filed application for direction to Board Department to accept service of writ of summons via newspaper publication. Marked at Exh.43. O - Department to accept writ of summons.
Matter stands adjourned for report to 07-02-2026.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Agarwal for Plaintiff present and seeking time to file paper publication.
None for defendant present.
Matter stands adjourned for report/arguments to 06-03-2026.
Next Purpose: REPORT
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
Matter stands adjourned for report to 23-03-2026.
Next Purpose: REPORT
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
Matter stands adjourned for report to 24-06-2026.
Next Purpose: REPORT
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Kajol Shah for plaintiff  present.
None for defendant present.
Matter stands adjourned for report to 05-08-2026.
Next Purpose: REPORT
Next Hearing Date: 05-08-2026

Date: 05-08-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned for report to 10-09-2026.
Next Purpose: REPORT
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate  for Plaintiff present.
None for defendant present.
Matter stands adjourned for report to 22-10-2026.
Later on at 12.30 PM. Advocate for plaintiff present and tendered
affidavit of service. Marked as Exh..
Next Purpose: REPORT
Next Hearing Date: 22-10-2026

Registration Number: 102789/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 109676/2019
Filing Date: 31-08-2019
First Hearing Date: 22nd November 2019
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE