Shaila Bandu GhevdeVsMr. Sanjay Bandu Hari Ghevde +1 more

Date: 15-11-2019
Business: Adv. Tripathi for plaintiff present and seeks leave to file fresh writ of summons. O-Issue fresh writ of summons.
Matter stands Adj for service of writ of summons to 07.01.20.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Dhadam for Defendant no. 1 present and filed VP and WS.
Vakalatnama filed on behalf of defendant no. 1.
Written Statement filed on behalf of defendant no. 1.
Matter stands Adj for framing issues to 07.01.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Tripathi for plaintiff present and filed affidavit of service.
Adv. Sanjay Dhadam for defendant no. 1 present.
Defendant is directed to serve copy of Written statement on plaintiff.
Matter stands Adj for framing issues to 22.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Rohit Shevate for defendant no. 2 present and filed VP, draft NM supported by affidavit and WS. Leave granted to register draft NM.
Vakalatnama filed on behalf of defendant no. 2.
Matter already Adj to 20.04.2020.
Next Purpose: REPLY
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None for Plaintiff.
Advocate Jalaluddin Shaikh h/f Sanjay Dhadam for defendant no.1 present.
None for defendant no.2.
Defendant no.2 has not yet tendered registered Notice of Motion.
The case is adjourned to 12.02.2021 for reply.
LO at 11.25 am,
Advocate Tripathi for Plaintiff present.
Already the case is adjourned to 12.02.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Advocate Tripathi for plaintiff present.
Advocate Sanjay Dhadam for defendant no.1 present.
Advocate Malhar Kadam for defendant no.2 present and seeks extension of leave to register NM. Leave is extended till next date.
Copy of NM is served on advocate for Plaintiff.
Defendant no.1 served copy of Written statement on advocate for Plaintiff.
The case is adjourned to 23.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None for Plaintiff.
Advocate Sanjay Dhadam  for def no. 1  present.
Advocate Ajit Hodge for defendant no.2 present and filed and tendered registered Notice of Motion No. 753/21 along with affidavit in support of Notice of Motion. T.O.R.
He undertakes to file Vakalatnama.
The case is adjourned to 15.06.2021 for NM reply.
LO at 3.45pm,
Advocate Ashitosh Tripathi for plaintiff present.
Already the case is adjourned to 15.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Matter called out at 3.50 p.m.
Adv. Ashutosh Tripathi for plaintiff.
Adv. Sanjay for defendant no. 1 present.
Adv. Suraj Ghavgane for defendant no. 2 present.
Adv. upon instruction appeared on behalf of defendant no. 2. He undertake to file V/N. On next date.  O- Time Granted.
Matter stands adjourned to 27.10.2021
                                                              Judge
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Matter called out at 2.59 pm.
Adv. Ashutosh Tripathi for plaintiff present.
Adv. Sanjay N. Dhadam for defendant No.1 present.
Plaintiff is seeking time to file reply to NM. Granted.
Matter stands adjourned to 15.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Ashutosh Tripathi for plaintiff present.  He filed reply to NM. TOR.
Adv.  Sanjay Dhadam for Deft. No.1 present.
As court is busy in recording evidence in SU No.3271/13 and SU
No.380/13. Therefore, matter stands adjourned to 29.01.2022 for
NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Matter called out at 3.26 p.m.
Adv. Ashutosh Tripathi for plaintiff present.
Adv. Sanjay D. for Deft. No.1 present.
Deft. No.2 absent. Hence, adjourned to 06.05.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: None present for plaintiff.
Adv. Sanjay Dhadam for Deft. no.1 present.
As court is busy in administrative inquiry.
Matter stands adjourned to 26.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Ashutosh Tripathi for plaintiff present.
Adv. Sanjay Dhadam for Deft. no.1 present.
By consent, matter stands adjourned to 30.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Ashutosh Tripathi for plaintiff present.
Adv. Sanjay Dhadam for Deft. no.1 and 2 present. He tendered VP. TOR. Exh.03.
Heard both the sides on NM No.753/21.
Matter stands adjourned to 21.09.2022 for NM orders.
Next Purpose: NM ORDERS FIRST ON BOARD
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Ajit Hodage h/f Adv. Sanjay Dhadam for defendant present.
None present for plaintiff.
Following F.R.S.R. order is passed in NM No.753/2021.
ORDER
1.Notice of Motion No.753 of 2021 in Suit No.2767 of 2019, is hereby allowed.
2.Delay stands condoned.
3.Defendant is permitted to file written statement on record.
4.Notice of Motion No.753 of 2021 is disposed of accordingly.
WS taken on record. Exh.04.
Matter stands adjourned to 02.11.2022 for issues.
Later on at 4.23 p.m.
Adv. Ashutosh Tripathi for plaintiff present.
Already adjourned to 02.11.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Plaintiff a/w Adv. Ashutosh Tripathi present.
None present for defendant.
Issues framed below Exh.05.
ISSUES
1.	Does the plaintiff prove her share in the suit property ? If yes, to 	what extent ?
2.	Does the plaintiff prove that the defendant has refused to effect 	partition ?
3.	Is the plaintiff entitled for the reliefs sought ?
4.	What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Matter stands adjourned to 12.01.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Ashitosh Tripathi I/b Legal Point for plaintiff present. He is seeking time. Time granted.
Adv. Sanjay Dhadam for defendants present.
Matter stands adjourned on 19.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: As court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Adv Ashitosh Singh a/w Plaintiff present and filed affidavit of evidence. TOR. Exh.5 also filed List of documents. TOR. Exh.6. Copy served to defendant.
Adv Sanjay Dhadam for defendant nos. 1 and 2 present.
PW.1 resumed on SA.
Examination in chief of PW.1 is commenced and completed.
Matter stands adjourned on 21-10-2023 for further cross-
examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Adv  present for Plaintiff.
Adv Sanjay Kadam present a/w Defendant no.1.
Witness is present.
Exh.8 reply of defendant no. 1 and 2 to Exh.7. TOR
Matter stands adjourned on 06-01-2024 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Adv. Ashutosh Tripathi for Plaintiff present.
Adv. Sanjay Dhadam for defendant present.
The defendant has only admitted death certificates of Ms. Tanubai Bandu Ghewade and Bandu Hari Ghevade therefore they are marked as Exh.9 and  10.
Postal acknowledgments Exh.11(colly).
Heard both the sides on the admission and denial of documents.
The Ld. advocate for defendant has submitted that the annexures B and C are photocopies and the annexures D and E have obtained after filing of suit and in the suit there was whispered of documents. Therefore, he is objecting to mark exhibit and admissibility of those documents. Considering the submission made by the both the parties the aforesaid documents are exhibited. The plaintiff is at liberty to prove the legality and admissibility of rest of the documents in accordance with law.
Matter stands adjourned on 02.03.2024 for cross examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Adv. Aushitosh Tripathi @ Plaintiff present.
Adv. Naik h/f Adv. Sanjay Dhadam @ defendant present and seeking time to adduce evidence.
Witness is present.
Matter stands adjourned on 06-04-2024 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Adv. A. Tripathi for Plaintiff present.
Adv. Sanjay Dharam for defendant present.
Witness is present.
Both the parties ready to settle the matter, hence matter referred to Lokadalat.
Matter stands adjourned on 05-05-2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 05-05-2024

Date: 05-05-2024
Business: Lokadalat postponed hence matter is adjourned to 22-07-2024
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Adv. Ashitosh Tripathi along with Plaintiff present.
None for defendant present.
O- Issue notice to the defendant.
Matter is likely to be settled between the parties. Hence referred to the Lok-adalat.
Matter stands adjourned on 27-07-2024 for Lok-adalat.
L. O. 11.55 a.m.
Adv. S. N. Dhadam for defendant no. 1 and 2 present. Adv for
Defendant no. 1 and 2 is directed to keep present their parties.
Matter stands adjourned on 27-07-2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Matter pertains to Court Room No.03
Adv. Ashutosh Tripathi for plaintiff present.
Plaintiff is also present.
Defendant No.1 is present. His advocate is absent.
None present for defendant No.2.
No settlement took place due to want of presence of defendant No.2. Hence by consent, matter be listed for recording evidence of plaintiff on 07/08/2024.
Adv. Ms. Harshita Nag                    H.H.J. Dr. Shri. S. D. Tawshikar
     Panel Member                                             Panel Head
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Adv. Ashutos Tripathi for Plaintiff present.
Adv. Raj L. Naik h/f Adv. Sanjay N. Dhadam for defendant present and seeking adjournment on the ground of ill health of adv. on record. Last chance is granted.
Witness is present.
Matter stands adjourned on 09-09-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: P.O. is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: Adv. Tripathi for Plaintiff present.
Adv. Sanjay N. Dhadam for defendant no. 1 and 2 present.
Defendant no. 1 is present.
PW-1 Shaila Bandu Ghevde  is present.
Cross-examination of PW-1 Shaila Bandu Ghevde by Advocate Adv. Sanjay N. Dhadam for defendant no. 1 and 2.
On oral request, cross-examination is deferred till next date.
Matter stands adjourned on 10-01-2025 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Shweta Mayekar for Plaintiff present.
Adv. Raj Naik h/f Adv. Sanjay Dhadam for defendant Nos. 1 and 2 present.
Witness is present.
Later on at.
Advocate for the plaintiff filed Application for adjournment. t.o.r. and marked as Exh.12. Order - Granted.
Matter stands adjourned on 17-03-2025 for R/E (p.h)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: P.O. is on Leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-05-2025

Date: 03-05-2025

Date: 21-06-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Shweta Mayekar h/f Advocate Tripathi for Plaintiff present.
Advocate Sanjay Dhadam for defendant Nos. 1 and 2 present.
By consent, matter stands adjourned on 14-08-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Ashutosh Tripathi i/b Legal Point for Plaintiff present.
Advocate Sanjay Dhadam for defendants present.
Kept back. Later on. Advocate for defendant present and filed application at Exh.15 and submits that the plaintiff has not supplied copy of document at Exh.14. The plaintiff filed reply and submits that copy is already supplied but failed to show service. Since morning both parties consumed time of the Court on such non compliance. Thus it is seen that the plaintiff has made false statement which constrained the defendants to move the application. Hence, the plaintiff to pay costs of Rs. 200/- payable to the library of Bar Associations on or before next date. Moreover, the plaintiff has not described suit property mentioned vide Exhibit B clause (a) and (b) to the plaint in terms of Order 7, Rule 3 of CPC. Moreover, property vide clause (c) of Exhibit B is also not described properly though the plaintiff has filed xerox copy of 7/12 extract in respect of land survey No. 103. The plaintiff has also not filed property card in respect of suit property mentioned vide Exhibit B clause (a) and (b) to the plaint. Therefore, the plaint can not be said to be duly instituted in terms of Para 8, Chapter 2 of the Civil Manual.
Next date is fixed on request of Learned Advocate for the plaintiff.
Matter stands adjourned to 09-09-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Plaintiff in person present and seeks time to comply order dated 14.08.2025. Time is granted till next date as a last chance.
None for defendant present.
Next date is fixed on request of the plaintiff.
Matter stands adjourned to 28.11.2025 for compliance/order.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Kept Back.
Later on
Adv. Sanjay N. Dhadam for defendant present.
Adv. for plaintiff present alongwith plaintiff.
Adv. for plaintiff filed vakalatnama as Exh.16 and application as Exh.17 to withdraw the suit.
Defendant no. 1 present. On his request kept back.
Later on adv for defendants appear and filed reply on Exh.17. He submits that he is appearing for both defendants and if the plaintiff withdraw the suit unconditionally, he has no objection to permit the plaintiff to withdraw the suit with costs. Thereafter the plaintiff makes correction in application prayer clause a and insert word unconditionally. Considering submission of both side and relation between parties to the suit, both parties are directed to bear their own costs. The plaintiff is permitted to withdraw the suit unconditionally. Moreover the plaintiff has not instituted the plaint duly. On this ground also the plaint is liable to be rejected. However now the plaintiff withdraw the suit and no court fees be refunded in aforesaid circumstances. Thus, the suit stands disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-11-2025

NOTICE OF MOTION/100753/2021

Filing Number: 110378/2019
Filing Date: 24-09-2019
First Hearing Date: 15th November 2019
Decision Date: 28th November 2025
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE