Date: 19-10-2019
Business: Exh-5 Matter moved by preceipe
Exh-1 Plaint Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents.
Adv.Pradeep Ramchandani for plaintiff draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft notice of motion handed-over to the plaintiff advocate for registration.
Interim order to continue till next date.
Matter already fixed on 13/11/19 reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: P. O. is on Leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Matter is called out at 3.25pm
Adv.P.J. Ramchandani for plaintiff present.
Adv.Rohit Pawaskar for defendant present filed vakalatnama. (Exh-5) T.O.R. he has also filed written statement cum reply to the N/M No.3929/19.T.O.R. (Exh-6)
Copy supplied to the other side.
Earlier order to continue if any.
Matter is adj to 18/01/2020 for N/M rejoinder.
Later on at 5.01pm
Adv.P.J. Ramchandani for plaintiff present.
Adv.Rohit Pawaskar for defendant present.
Matter is adj to 13/01/2020 for N/M rejoinder.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: CORAM-H.H.J. SHRI.K.P.NANDEKAR(C.R. 09)
Matter Pertained to C.R.07.
Adv.P.J.Ramchandani for plaintiff present.
Adv.Rohit Pavaskar for defendant present.
Earlier order to continue if any
Matter is adj to 31.01.2020 for N/M hearing/rejoinder.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Court is busy hearing on N/M No.3485 of 2019, N/M No.3486 of 2019 and N/M No.3506 of 2019.
Adv.P.J.Ramchandani for plaintiff present.
Adv.Pawaskar for defendant present.
Earlier order to continue if any.
Matter is adj to 17/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Matter is called out at 3.20pm
Adv.Pradeep Ramchandani for plaintiff present.
Adv.R.V.Pawaskar for defendant present.
Adv. for plaintiff tendered affidavit of rejoinder and register N/M . T.O.R
Both the side wanted to kept back the matter for settling the
terms. Hence, matter kept back.
Second time matter called out(4.15pm)
Adv.Pradeep Ramchandani for plaintiff present.
Adv.R.V.Pawaskar for defendant present.
Both the side ready to settle the matter therefore, matter refer to the mediator. In the meantime earlier order to continue if any.
Matter is adj to 20/03/2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Due to corona virus board is discharge.
Adv.Mansi Chikode for plaintiff present.
Adv.Rohit Pawaskar for defendant present.
Earlier order to continue if any.
Matter is adj to 18/04/2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Adv.Mansi Chikode for plaintiff present.
Earlier order continue till next date.
Matter is adj for mediation report on 02/11/2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Due to Covid-19 none present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv Mansi Chikode for plaintiff present.
Adv Rohit Pawaskar for defendant present.
Plaintiff and defendant present.
Mediation report is not received.
Matter adjd for report of mediation on 26/03/2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv Pradeep Ramchandani for plaintiff present.
Adv J.P.Thakkar filed V/N for defendant t.o.r. marked Exh-7.
Heard arguments of Ld. Adv for plaintiff and Ld. Adv for defendant.
Adv for defendant requested adjournment for filing citations.
Adv for plaintiff submitted that earlier order to continue. Earlier order was continued from time to time from 19/10/2019. Interim order is not on record but it was passed.
Adv for defendant submitted that there was no any order on record.
After perusal of the record particularly roznama dated 19/10/19 it is mentioned that interim order is continued till next date. Thereafter matter was adjourned from time to time. In some of the roznama\''s it is mentioned that earlier order to continue if any.
After perusal of the record since beginning i.e. from 14/10/2019 when the suit was filed no any interim order is passed. Therefore order which is not on record this Court can not presumed its existence. Therefore request of Adv for plaintiff is rejected.
Matter adjd to 01/04/2021 for citations.
Next Purpose: HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. P. J. Ramchandanifor plaintiff present.
Adv. J. P. Thakkar for defendant present. She file citations and submit her submission on them.
Adv. for plaintiff submitted that, he received the copy of the citations from defendant today. He requested adjournment for rejoinder arguments. He requested to keep the matter on 15.04.2021.
Matter adj for rejoinder arguments on 15.04.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Adv Ramchandani for plaintiff present.
Adv J.P.Thakkar for defendant present.
Heard arguments of Ld. Adv for plaintiff on citations.
Matter adjd for N.M. order on 05/05/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Adv Mansi Chikode I/b Adv Ramchandani for plaintiff present.
Adv Nandesh Manek I/b Adv J.P.Thakkar for defendant present.
FRSR order is passed in NM 3929 of 2019
ORDER
1. Notice of Motion No.3929 of 2019 is hereby allowed in terms of prayer clause(a), however, parties to bear their own costs.
2. Notice of Motion is disposed off accordingly.
Matter adjd for draft issues on 12/07/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Advocate Manashi Chikode for plaintiff is present.
None present for defendant.
Adjourned for framing issues to 30.10.2021.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Advocate Priyanka Pande for plaintiff is present.
None present for defendant.
Adjourned for framing issues to 07.02.2022.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: (As per office order no. 27 of 2022, letter no. RG/1611/9/2022 dated 06/02/2022, to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, the City Civil and Sessions Court declared closed, hence matter adjourned.)
None present.
Adjourned for framing issues to 06.06.2022.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adjourned for framing issues to 22/07/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: None for plaintiff.
Adv. Sanket Mungale for applicant Neha Shah in C/S present and filed vakalatnama t.o.r. marked as Exh. 8
he also filed and filed draft C/S with supporting affidavit addition of the party t.o.r. Leave is granted to register the C/S
None for defendant
Matter is already adjd. to 15-12-2022 for filing registered C/S.
Lo at 4.47 PM.
Adv. P.G. Ramchandani for plaintiff present and submitted that he will give consent to allow draft chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: None for plaintiff.
Adv. Samir Solanki for applicant Neha Shah in C/S present and filed vakalatnama and t.o.r. marked as Exh.09.
He also filed and filed registered CS No. 1873/22 with supporting affidavit. t.o.r.
None for defendant.
Matter is adjd. To 06-02-2023 for CS reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 63)
(NOB TOB)(By preceipe moved by the Adv. Sanket Mungale for applicants - allowed)
Adv. Priyanka Pandey for plaintiff present and filed say giving no objection to C/S No. 1873/22.
Adv. Sanket Mungale for applicants in C/S No. 1873/22 present.
None for defendant
Heard both sides in C/S No. 1873/22.
As matter is likely to be settled between the parties and .
they are desirous to make the applicants in C/S No.
1873/22 as party to the suit before filing consent terms for
having proper and complete adjudication of the dispute
between the parties, C/S can be allowed. Hence, C/S No.
1873/22 is made absolute in terms of prayer clause (a).
The plaintiff is directed carried out amendment within
15 days. The proceeding of C/S No. 1873/22 is closed.
With consent of both sides, matter is adjourned to 10-01-
2023.
Matter is adjd.to 10-01-2023 for amendment/
compliance. 1.00pm
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 63)
Adv. Priyanka Pandey a/w plaintiff present
Adv. Sanket Mungale a/w defendants no. 1 to 7 present.
Both sides filed consent terms with xerox copies of memorandum of understanding / family settlement dtd. 30-09-2022 t.o.r. marked as Exh.10
Order below Exh.10
Exh.10 is Consent Terms filed by the plaintiff and defendants no. 1 to 7. The plaintiff and defendants no. 1 to 7 have agreed to settle the dispute by specifically mentioning the manner of discharging liabilities and distribution of assets including immovable properties as per contents in memorandum of understanding/ family settlement dtd. 30-09-2022. Both sides have admitted their signatures on consent terms Exh. 10 with contents therein and they are identified by their respective advocates. They have also admitted their signatures on memorandum of understanding/family settlement dtd. 30-09-2022 with contents therein. Original memorandum of understanding/ family settlement dtd. 30-09-2022 was produced for comparison with copy of the same annexed with the consent terms Exh. 10 and copy is found to be as per original and it is correct. As both sides are voluntarily compromising the matter and they are represented by their advocates, settlement does not appear to be out come of any pressure or factor affecting to its legality. Considering all these aspects, I pass the following order :
- ORDER -
1. Suit No. 2718/2019 is decreed in terms of Consent Terms (Exh.10).
2. Parties shall bear their own cost.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
4. Consent Terms (Exh.10) shall form part and parcel of the Compromise Decree.
5. Compromise decree be drawn up accordingly.
I/C Judge
Nature Of Disposal: CONSENT DECREE
Disposal Date: 10-01-2023