Shri Sushant Baban KelshikarVsBaban Babu Kelshikar +2 more

Date: 14-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Vinayak Tare for the Plaintiff present.
Adv. Qurausgy with Sonam Kotak I/b Nishant Patil  for Defendant present.
The Plaintiff has failed to file registered N/M no. 2544/17
Matter is adjd. to 9.08.2019 for compliance by the Plaintiff in N/M no. 2544/17 or for dismissal order.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: As court is busy in hearing arguments in other matters on board. Hence, remaining board discharged.
Matter is adjd. to 23.10.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: As court is busy in hearing of others matters.
Matter is adjd. for  to .14.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: None present  for plaintiff. Plaintiff has failed to file registered N/M no. 2544/2017 on record.  Therefore, N/M no. 2544/2017 is dismissed for want of prosecution. Plaintiff failed to file reply to N/M no. 1621/2018.  Therefore, no reply order is passed against plaintiff.
Adv. Sonam Kotak  for defendant no. 1 to 3 is present.
Heard argument of defendant no. 1 to 3 on N/M no. 1621/2018.
Matter is adjd. for order on N/M no. 1621/2018 to 03/04/2020.
L.O.at  04.30  pm
Adv. Rashmi Parab for plaintiff is present. She filed application for setting aside order dismissing N/M no. 2544/2017. O -other side to say.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Adv. Ms. Parab for the  plaintiff.
None for defendants.
Matter is adjd. to 15/02/2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Ms. R. Parab  for the plaintiff.
Adv. Ms. Sonak Kotak for defendants No.1 to 3.
Matter is adjd. to 15/03/2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv. Reshmi Parab for the plaintiff.
Adv. Sonam for the defendants No.1 to 3.
Matter is adjd. to 29/04/2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: DUE TO COVID-19
Next Purpose: REPLY
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv. Reshmi Parab h/f Adv. V. S. Kokitkar for plaintiff present.
Adv. Sonam Kotak for defendants No.1 to 3 present.
Application already filed on 14/02/2020 by advocate of plaintiff. O- Other side to say.
Reply filed on NM by advocate of plaintiff. O- seen.
Matter is adjd. to 04/10/2021 for NM No.1621/2018 order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv. Ms.  Reshmi Parab for the plaintiff present.
Adv. Sonam a/w Adv. Swapnil for defendant No.1 to 3 present.
Court busy in inspection of Notary Work. Therefore, matter is adjourned.
Matter is adjd. to 05/10/2021 for order on NM No.1621/2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Ms. Reshmi Parab for the plaintiff present.
Adv. Sonam a/w Adv. Swapnil for defendant No.1 to 3 present.
Matter is adjd. to 21/10/2021 for filing Written Statement.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
Matter is adjd. to 07.02.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
Matter is adjd. to 20.04.2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv. Reshmi Parab present for plaintiff. Adv. Sonam present for defendants and tendered say on the application for setting aside dismissal order t.o.r.. Heard arguments of ld. Adv. For plaintiff and ld. Adv. For defendant on the application for setting aside order on nm no. 2544/2017. Matter adjourned for order on application for setting aside the order to 04/05/22.
Next Purpose: ORDER
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present for plaintiff.
None present for defendants.
As court is busy in dictating order on chs. no. 1512/2019 in suit no. 1184/2018 and chs. no. 455/21 in suit no. 2565/2010. Hence,
Matter adjourned for order to 01/07/22.
Next Purpose: ORDER
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Adv. Dhumal for plaintiff present.
Adv. Swapnil Jadhav present for defendant no. 1 to 3.
None present for other defendants.
KB LO at 4.50 p.m.
Following order is passed on application of plaintiff for setting aside order dtd. 14.02.2020 passed on NM No. 2544/2017.

Perused the application and record. Heard Ld. Adv.for plaintiff and Ld. Adv.for defendant no. 1 to 3.
From the record it appears that on 14.02.2020 as nobody was present for plaintiff Notice of Motion No. 2544/17 was dismissed for want of prosecution. It appears that on the same day at 4.30 p.m. Adv.for plaintiff appeared and filed the present application for setting aside the dismissal order of Notice of Motion No. 2544/17. As such it is clear that plaintiff has taken out the present application on the same day on which Notice of Motion No. 2544/17 was dismissed for want of prosecution. From the submission of the plaintiff their appear just cause for absence of plaintiff and his advocate at the time when matter was called.
Considering the matter on record and above fact Court find that there was just cause for absence of plaintiff and his advocate. Therefore, it will be appropriate to set aside dismissal order on Notice of Motion No. 2544/17 and to restore the Notice of Motion No. 2544/17 at its original stage. Hence, Court proceed to pass the following order-
                                           ORDER
1. Application is made absolute and order dtd. 14.02.2020 dismissing the Notice of Motion No. 2544/2017 is hereby set aside.
2.  Notice of Motion No. 2544/2017 be restored to its original stage.
Matter adjourned for NM hearing to 30.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Adv Reshmi Parab present for plaintiff.
Adv Jadhav present for defendant no. 01 to 03.
There appears element of settlement. Hence, matter be kept in upcoming Lok-Adalat on 13/08/2022. Parties to take note.
Matter adjourned for Lok-Adalat to 13.08.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: NATIONAL LOK-ADALAT HELD ON 13.08.2022 (C.R.No.08)
Plaintiff absent.
Adv. for plaintiff present.
Defendant Nos.1 to 3 present.
Adv.Swapnil Jadhav for defendant Nos.1 to 3 present.
Matter Matter not settled.
Matter is adjd to 25.08.2022.
HHJ. Shri. S.M. Menjoge   Adv. Ms.Shakuntala Gite           Adv.Ms.Nandini Pal
  HEAD OF PANEL                 PANEL MEMBER                     PANEL MEMBER
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Reshmi parab hf adv. Vijay kokitkar present for plaintiff and sought adjournment.
Adv. Sonam kotak present for defendant 01 to 03.
As there appear elements of settlement. By consent, Matter refereed to mediation adjourned for mediation report to 03/10/22.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv. Madhura Mule present for defendant 01 to 03.
Matter adjourned for mediation report to 21/10/22.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: None present for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for mediation report to 04/11/22.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Amol Dhumal present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for mediation report to 01/12/22.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv Amol Dhumar present for plaintiff.
Adv Madhura present for defendant nos. 01 to 03 and submitted that matter is kept for Mediation on 16/12/2022.
Matter adjourned for Mediation Report to 21.12.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for mediation report to 07/01/23.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None present for plaintiff.
Adv. Aditya Joshi hf adv. Quraishy present for defendant no. 1 to 03.
As plaintiff and his adv. are absent, Matter adjourned for mediation report to 30/01/23.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Amol Dhumal present for plaintiff.
None present for defendants.
Mediation report not received.
Matter adjourned for mediation report to 16/03/23.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv Kokitkar present for plaintiff.
Adv Aditya Joshi present for defendants and submitted that mediation is in progress.
Matter adjourned for Mediation report to 03.04.2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. Kokitkar present for plaintiff.
Adv. Aditya joshi present for defendant no. 01 to 04 and submitted that, mediation in in process.
Matter adjourned for mediation report to 28/04/23.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for mediation report to 16-06-23.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: By praecipe
Adv. Vijay kokitkar present for plaintiff.
Plaintiff in person present.
Defendant no. 1 and 2 are in person present.
Report received from mediation department that, matter is settled alongwith consent terms. Mediation report is t.o.r. and marked as Exh. 03.
The consent terms between defendant no. 1 to 3 and plaintiff  received alongwith copy of declarations annexed with mediation report are marked as Exh. 4.
Adv. For plaintiff also tendered original two  declaration cum undertakings, copies of which are annexed with the consent terms t.o.r marked as Exh. 5 and 6.
Adv. Aditya joshi present for defendant no. 01 to 03.
None present for other defendant no. 4 to 6.
Adv. For plaintiff tendered application for withdrawal of suit against defendant no. 4, 5 and 6. t.o.r marked as Exh. 7.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 1 to 3 on application Exh. 7.
As defendants no. 4 to 6 and their advocates are absent, they could not be heard.
Defendant no. 3 in person present.
Order on Exh. 7.
Order- Perused the application and record. As the plaintiff and his advocate submitted that, plaintiff wants to withdraw the suit unconditionally against defendant no. 4 to 6, it will be appropriate to permit the plaintiff to withdraw the suit unconditionally against defendant no. 4 to 6  as prayed. Hence, application Exh. 05 is allowed and plaintiff is permitted to withdraw the suit unconditionally against defendant no. 4 to 6.
     Plaintiff and his advocate submitted to disposed of the suit as withdrawn unconditionally against defendant no. 4 to 6. Hence suit is disposed of as withdrawn unconditionally against defendant no. 4 to 6.
Order on Exh. 04.
O- Plaintiff is present and he is duly identified by his Advocate Vijay Kokitkar. Defendant no. 1 to 3 are present and duly identified by their Adv. Aditya Joshi. Plaintiff and defendants submitted that, they have voluntarily executed the consent terms and contents there in are true and correct. Consent terms are in writing and signed by plaintiff and defendant no. 1 to 3 and advocate for defendant no. 1 to 3. The consent terms appears to be legal. Hence, consent terms Exh. 4 alongwith the original undertakings Exh. 5 and 6 are taken on record, read and recorded and accepted.
In view of the consent terms at Exh. 4 suit is decreed in terms of consent terms Exh. 4. Consent terms Exh. 4 shall form part of the decree. As the suit is disposed of, Notice of Motion no. 2985/2018 does not survives. Hence, Notice of Motion no. 2985/2018 is disposed of accordingly. Proceeding is closed. Court fees as per rules be refunded to the plaintiff.
Nature Of Disposal: OTHERWISE
Disposal Date: 06-05-2023

Registration Number: 102985/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102985/2018
Transfer Date: 20-04-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 110843/2018
Filing Date: 08-08-2018
First Hearing Date: 14th August 2018
Decision Date: 06th May 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE