Date: 17-10-2019
Business: Advocate Amruta Sawant for Plaintiff present and filed registered Chamber Summons no.1662/2019 with affidavit in support, t.o.r.
Advocate for Defendant no.2 present and filed vakalatnama for Defendant no.2, t.o.r. O-Filed.
Plaintiffs advocate filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted. Plaintiff is directed to serve copy of Chamber Summons and NM upon other side.
Case is adjourned to 06/12/2019 for Service/hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Advocate Ms. Amruta Sawant for Plaintiff present
Advocate Ms. Apara Awas for Defendant no.2 present
None present for applicant in Chamber Summons no.1756/14. It is made clear that, if on next date, applicant will not argue Chamber Summons, court will be compelled to dispose it of.
Advocate for Defendant no.2 filed pursis contending that Defendant is not contesting Chamber Summons no.1662/19 because Defendant no.2 is the only legal heir of deceased Defendant no.1. Death certificate of deceased Defendant no.1 is also filed with the pursis showing that Defendant no.1 died on 20/05/2019. As Defendant no.2 is not contesting Chamber Summons, I proceed to pass following order-
ORDER
1. Chamber Summons no.1662 of 2019 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to delete name of Defendant no.1 and to show Defendant no.2 as Legal heir of Defendant no.1.
3. Amendment to that effect be carried out in the plaint within stipulated time provided by law.
Advocate for Defendant no.2 submitted that after the amendment in plaint will be carried out, as per order in Chamber Summons no.1662/19, Defendant no.2 will file reply to NM no.3449/19.
Copy of death certificate is served by advocate for Defendant no.2 upon Plaintiff\''s advocate.
Case is adjourned to 20/12/2019 for order on Chamber Summons no.1756/14 and reply of NM no.3449/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Advocate Ms. Amruta Sawant for Plaintiff present and filed typed amended copy of plaint, t.o.r. Its copy is served upon advocate Mr. Barve for Defendant no.2.
Advocate Ms. Vyas for Defendant present and filed pursis for withdrawing the vakalatnama filed on behalf of Defendants, t.o.r. O-Filed.
Advocate Mr. B. K. Barve for Defendant no.2 present and undertakes to file vakalatnama for Defendant no.2 on next date.
Case is adjourned to 23/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Advocate Amruta Sawant for Plaintiff present
Advocate Laxmi Ingale for Defendant no.2 filed vakalatnama for Defendant no.2, t.o.r.
Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, case is adjourned to 24/02/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Court is on leave. Hence, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 30-01-2020 for N/M reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. B. K. Barve for defendant no. 2 present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 25.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: None for plaintiff.
Adv. Sandeep Bane for def. no. 2 present.
On oral request of Ld. Adv. for plaintiff adjournment granted as last chance.
Adjd to 06.04.2021 for NM reply.
L.o at 3.05 p.m. Adv. Bhakti Bhanushali I/b Sonal Doshi and Co. for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Nobody present.
Due to Covid-19 pandemic, adjd. to 15.07.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: None for parties.
Due to COVID-19 pandemic, matter is adjourned.
Adjd to. 23.08.2021 for NM replyjejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Sanket Mungale for plaintiff present.
Adv. Mr. Barve for defendant has submitted a letter dt. 30.07.2021 issued to defendant to whom the papers are returned.
Therefore adv. for defendant made a statement that he is withdrawing his vakalatnama.
Defendant is given an opportunity to give reply to NM No. 3449/19 on next date failing which NM will proceed further.
Adjd for NM reply to 06/09/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv. For plaintiff present.
None for defendant.
Adjd for NM reply as last chance to 08/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: At 2.58 pm
None for both parties.
Kb L. O at 4.41 pm
Adv. Mehek Choudhary For applicant in chamber summons present and stated that they will withdraw the chamber summons No. 1056/14
Adjd for NM reply to 25/11/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Amit Bel for applicant in chamber summons no. 1056/14 present.
Adv. Shivani Bhate For plaintiff present.
None for defendants.
Application filed by applicant in chamber summons No. 1056/14 to withdraw the chamber summons. t.o.r O- The application is supported by email communication from applicant that the dispute is settled with society hence to withdraw the chamber summons. As the applicant does not desire to proceed with chamber summons, allowed to withdraw the chamber summons No. 1056/2014.
ORDER passed below Chamber summons No. 1056/14
The application filed on behalf of applicant to withdraw the chamber summons is allowed. Hence chamber summons is disposed of as withdrawn.
Defendant to file reply on next date failing which Notice of motion will be heard and decided without reply
Adjd for NM reply as last chance /Nm hearing to 24/01/2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Dt.24/01/2022
Suit 7334/06
Nm 3449/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned for NM reply to 22/04/2022.
LO
AT 3.04 pm
Adv. Shivaji Bhate for plaintiff is present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Dt.22/04/2022
Suit 7334/06
NM 3449/19
NM 1011/22
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Sanket Mungale I/b Sonal Doshi and Company for plaintiff present.
Adv. Tarang Jagtiani I/b Jhangiani Narula and Associates. For defendant present.
Adv. For defendant no.1 filed register notice of motion no.1011/22 along with affidavit in support. TOR.
Adv. For plaintiff filed affidavit in reply to notice of motion no.1011 of 2022.TOR.
Copy of affidavit of reply served to other side.
Adjd for NM hearing to 12-07-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Sanket Mungle for plaintiff present.
Adv. Tarang Jagtiani for defendant present and prayed for adjournment due to non availability of Adv. Rajiv Narulla - allowed
Matter is adjd.to 23-08-2022 for hrg on NM No. 1011/22 3.30 pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Next Purpose: NM ORDERS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: matter is adjourned to
Next Purpose: NM ORDERS
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Next Purpose: NM ORDERS
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: None for plaintiff present.
Adv. Tarang Jagtiani for defendant present.
There is possibility of settlement in between the parties,
Matter adjourned for settlement to 16/10/2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: Adv. Ishvendra Tiwari for plaintiff present.
Adv. Taral Jagtiani for defendant present.
Matter adjourned for settlement for filing consent terms to 04-01-2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: NOB TOB
By precipe. O-Allowed to be taken on todays board.
Adv. Ishvendra Tiwari for plaintiff present.
Adv. Tarang Jagtiani for defendant no. 2 present.
Mr. Ashok Kumar Kejriwal C. A of plaintiff present and filed general power of attorney. TOR, and marked as Exh.. 5
Both plaintiff and their advocates are present.
Defendant and his advocate also present.
Both parties have filed consent terms vide (Exh.6) as matter is settled between them. Both the parties have admitted the contents of the consent terms and their signature over it.
The consent terms filed by the parties is read and recorded. The parties are expressed their desire to passed the decree in terms of consent terms filed at Exh.6
Hence, I passed the following order.
Order
1. The suit no. 7334 of 2006 is decreed in terms of consent terms filed on record vide Exh.6
2. Decree be drawn in terms of consent terms filed by the parties.
3. All pending application if any in the suit are also disposed off in view of the compromise of the suit.
4. Notice of motion no. 4684 of 2022 and 3449 of 2019 is dispoed off as does not survive.
5. in view of the para 11 of consent terms the court receiver stands discharge. The parties are directed to pay the receiver charges as calculated by him.
6. The court fees be refunded as per the rule.
7. Parties bare their own costs.
Nature Of Disposal: OTHER
Disposal Date: 20-12-2023