Mrs. Sylvia MartinVsNamdev Shankar Sathardekar and Ors.

Date: 23-09-2019
Business: Shri. B.L. Mangale, advocate for the Decree Holder present.  As Court is on leave, board discharged and adjd to 09/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Ms. Sweedal Karkada, advocate for the Plaintiff present. On request of Ms. Karkada, issue notice u/o.XXI Rule 22 of CPC, returnable on 05/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Shri.B.L. Mangale, advocate for the plaintiff present.
Exe.application marked as Exh-A(Colly).
Shri. Mangle has tendered original unserved notice addressed to defendant no.7 and 8, taken on record and marked as Exh-B.
Shri. Mangale prays for substitute service. Substitute service by all permissible modes is allowed, returnable on 11/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Shri. B.L. Mangle, advocate for the plaintiff present.
Shri. Rajendra Yadav, advocate for the defendant no.08 present.
Shri. Yadav states that Civil Application no.204/2012 and 205/2012 are pending in the Honourable High Court and seeks time to file Vakalatnama and reply in the matter. Shri. Mangle has no objection.
Hence, by consent, adjd to 04/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Shri. B.L. Mangale, advocate for the plaintiff present.
None for the defendant.
On request of Shri. Mangale, in view of pendency of the Civil Application in the Honourable High Court, adjd to 03/04/2020,
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2020

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

Date: 17-04-2020
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Parties and advocate are absent adjourned to 30/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: In view of directions vide Office Order No.81 of 2021, matter adjourned to 07/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Shri Abaujeet Kharwar advocate for applicant present.
Shri R.K. Yadav advocate for defendant No.7 present.
Shri Yadav has tendered copy of order dated 12/03/2020, passed by the Honourable High Court, Bombay, in Civil application No.388/2019, in Civil application No.204/2012, in First Appeal No.40/2005, which speaks that the ad-interim relief continued earlier by order dated 11th December 2019, to continue till the next date of hearing.
Shri Yadav states that the matter is still pending in the Honourable High Court, Bombay, and Shri Kharwar confirms that the stay is continue.
Hence, by consent adjourned to 20/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: As Court is on leave, board discharged and matter adjourned to 02/12/2021.
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Shri Pritesh Parmar, advocate for plaintiff present.
Shri R.K. Yadav, advocate for defendant present.
Shri Yadav states that ad-interim relief granted by the Honourable High Court in First Appeal No.40/2005, is continued till next date of hearing and as the matter is not yet listed for hearing, the ad-interim relief still continued.
Shri Parmar confirms the same and by consent matter adjourned to 08/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Ms.Nandini Shukla, Advocate for Plaintiff present.
Shri Janradan Rawool, defendant present.
Shri Rawool states that stay granted by the Honourable High Court is still in force.
Ms.Shukla seeks time to take instructions in regard to stay granted by the Honourable High Court.
Hence, by consent adjourned to 22/03/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: Shri B.L. Mangale, Advocate for Plaintiff present.
Shri R.K. Yadav, Advocate for defendant present.
Shri B.L. Mangale states that execution be proceeded as the stay granted by the Honourable High Court was up to 26/03/2020.
In the contra Shri Yadav, states that the Honourable High Court has granted stay till next date of hearing and as the next date of hearing is not yet fixed, stay is still continued.
Shri Yadav, further states that he has taken steps for listing the matter and the matter is likely to be listed in the 2nd week of April 2022.
And hence, adjourned to 22/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Shri B.L. Mangle advocate for plaintiff present.
Shri R.K. Yadav advocate for defendant present.
Shri Yadav states that stay granted by the Honourable High Court is still continued.
However, Shri Mangle states that there is no stay as on today.
Shri Yadav states that he will file appropriate reply in the matter and by consent, for reply of defendant, adjourned to 04/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Ms. Priti Reddy, advocate for plaintiff present.
Shri Rajendra Yadav, advocate for defendant present.
Shri Yadav has tendered vakalatnama, for defendant No.8 t.o.r marked as Exh.C.
Shri Yadav has also tendered short affidavit in reply of defendant No.8 t.o.r and marked as Exh.D.
On request of Ms. Reddy, to file rejoinder to the reply tendered today adjourned to 16/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Shri Akshay Annumandale, Advocate for applicant present.
Shri Rajendra Yadav, advocate for defendant No.8 present.
Shri Annumandale seeks time to take instructions and to file rejoinder and by consent, matter adjourned to 26/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Shri B.L. Mangle, advocate for plaintiff present.
Shri J.B. Apte, advocate for defendant No.8 present.
Shri Apte has tendered vakalatnama for defendant No.8 with no objection of earlier advocate endorsed thereon, t.o.r and marked as Exh.E.
Shri Mangle, states that there is no stay.
Shri Apte, seeks time to take appropriate steps stating that on next date he will update this court in respect of hearing of appeal preferred in the matter before Honouralble High Court.
Hence, by consent matter adjourned to 19/10/2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Shri B.L. Mangale, advocate for plaintiff present.
Shri J.B. Apte, advocate for defendant No.8 present.
Shri Apte, has tendered application stating therein that the applicant Annna Louis CHS Ltd., has no right for Locus the execute the decree against the orginial defendant No.8 and prayed that execution application be rejected, t.o.r and marked as Exh.F.
Shri Apte further states that Honourable High Court has granted stay to the present execution proceedings and affidavit in reply of defendant No.8 is already on record.
Shri Mangale states that considering the controversy involved and as defendant No.8 is contesting the matter, the present execution application be submitted to the Honourable Court.
In view of this by consent of both the advocates execution application is hereby submitted to the Honourable Court as per assignment on 24/11/2022.
Office to take steps to assign this matter to the Honourable Court.
Parties and advocates to before the Court, as may be assigned, on 24/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Mangale for DH present. He is seeking time. Time granted.
Adv. J. B. Apte for JD No.8 present.
Matter stands adjourned to 20.01.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: None present for DH.
Adv. Deepali Sadhu for JD present.
Matter stands adjourned on 04.05.2023 for reply.
Later on at 4.04 p.m.
Adv. Mangle for DH present.
Matter stands adjourned on 04.05.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: None present.
Matter stands adjourned on 25.07.2023 for reply.
Later on at 12.20 p.m.
DH absent.
Adv. Apte for JD No.8 present.
Put up for hearing on the application filed by JD No.8.
Matter stands adjourned on 25.07.2023 for hearing.
Later on at 3.56 p.m.
Adv. Mangle for DH present.
Matter stands adjourned on 25.07.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: As P.O. is on leave, hence matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Adv Mangle for applicant present and seeks permission to serve J/D no. 7. O- granted.
J/D no.8 in person present.
Reply to Exh.F filed by applicant TOR. Exh. G. Copy served to J/D no.8.
Matter stands adjourned on 23-10-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: Adv Mangle present for D/H.
Adv Apte present for J/D no.8.
Exh. H Bailiff report. - unserved on J/D no. 7. TOR.
Exh. I. Application by D/H to serve J/D no. 7 as per order 5 rule 20 of C.P.C. O- Allowed.
Matter stands adjourned on 16-01-2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Advocate mangle for D/H present and informed the Court that J/D no 7 has expired and seeks short date for taking steps.
Advocate Mahesh Parte for J/D No. 7 present.
Advocate Apte for J/D No. 8 present.
Matter stands adjourned on 13-03-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: By precipe. O - allowed.
Advocate Mangle for D/H present and tendered draft Ch/s a/w affidavit in support. TOR. O-Leave is granted to register draft Ch/s. Copy of Draft Chamber Summons handed over to party for registration.
Matter stands already adjourned on  13-03-2024 for Ch/s service.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: At at 12.45 p.m.
Adv. J. B. Apte along with J/D defendant no. 8 present.
At 2.50 pm.
Adv. Mangale for D/H present and tendered registered Ch/s No. 438/2024. Taken On Record and copy served on defendant no.8.
J/D/ defendant no. 8 present. Exh.2 Application filed by J/D/defendant no.8. Taken On Record. O - seen.
Matter stands adjourned on  02-05-2024 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: Adv. Mangale for D/H/Plaintiff present.
Adv. Mahesh Phalke for J/D/ defendant no. 7 present.
Defendant no. 8 in person present.
Exh.3 V/P filed  J/D/ defendant no. 7
Matter stands adjourned on 03-07-2024 for CS service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv.  Uniyal for D/H present.
Adv.  Mahesh Parte for J/D no. 7  present and filed reply to CS No. 438/2024. t.o.r. and served copy on other side.
J/D no. 8 present.
Matter stands adjourned on 04-09-2024 for CS hearing.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Mangale for D/H present.
Defendant no.1 present.
Adv. Mahesh Palkhe for J/D/ defendant no. 7 present.
Matter stands adjourned on 14-11-2024 for CS service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: Adv. Mangle for D/H present.
J/D /Defendant No. 8 is present.
Adv. Mahesh Pal for J/D /defendant No.7 present.
Matter stands adjourned on 13-01-2025 for hearing on CS.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Sweedal Karkada and Adv. Sadhana Yadav for D/H present and filed pursis. t.o.r. and marked as Exh.3. copy served upon J/D No.8.
J/D No. 8 is in person present.
Matter stands adjourned on 20-03-2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: P.O. is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Mangale for D/H present.
None for J/D present.
Heard Learned Advocate for the D/H on Chamber Summons No. 438/2024.
Kept back.
Later on advocate Mahesh Phalke for proposed J/D No. 7 present and submits that there is stay to this Execution Application. Considering his submission, Learned Advocate for the D/H seeks time to produce copy of conveyance deed on which basis the D/H /applicant has filed this application for execution. Time is granted till next date.
J/D No. 8 in person present.
Matter stands adjourned to 01-08-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2025

Date: 01-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for D/H present.
None for J/D for present.
Advocate Mangale for applicant in CS present and filed documents alongwith pursis. Marked at Exh.5.
Advocate Mahesh Phalke for defendant No.7 present.
Defendants No. 8 in person present.
Kept back. Later on Learned Advocate for the defendant No.7 has filed pursis. Marked at Exh.6. And submits that the Honble High Court has stayed Execution of this decree.
Matter stands adjourned to 17-09-2025 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Shubham Singh for D/H/Plaintiff present.
Advocate Lata Shanbhag for  J/D/defendant No. 8 present.
Advocate Mahesh Phalke for J/D/defendant No. 7 present.
Matter stands adjourned to 10-02-2026 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Komal Khare for DH/Plaintiff present.
None for JD/defendant present.
The matter is stayed by Hon'ble High Court.
Matter stands adjourned to 13-04-2026 for stayed.
Later on at 3.50 pm.  Advocate Lata Shanbaug on behalf of J. B Apte for JD present and tendered pursis for withdrawal of their V/P in this matter. Marked at Exh.7. O - Filed.
Advocate Mahesh Phalke for defendant No. 7 present.
Defendant No. 8 in person present.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
In morning session.
None for Plaintiff present.
Advocate Mishra for defendant No.8 present and tendered V/P. Marked at Exh.8.
Advocate Mahesh Phalke for defendant No. 7 in CS No. 438/2024 present and submitted that matter is stayed by the Honble High Court.
Matter stands adjourned for stayed to 20-07-2027.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-07-2027

Main Case No: SUIT/0104616/1989
Main Cnr: MHCC010001941989
Main Filing No: 111447

CHAMBER SUMMONS/100438/2024

Registration Number: 100338/2019
Transfer Date: 05-11-2022
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 109392/2019
Filing Date: 11-09-2019
First Hearing Date: 23rd September 2019
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE