Date: 16-10-2019
Business: None present for plaintiff present.
Adv. Yadav for defendant no. 1 to 5 present and filed VP.
Vakalatnama filed on behalf of defendant no. 1 to 5.
Adv. Amita Kamble with Patil for defendant no. 6 present and filed VP and
Vakalatnamam filed on behalf of defendant no. 6.
Keep Back
Later on
Adv. Vijay Thakur for plaintiff present and filed original NM no. 3784/19 along with affidavit. Copy served on other side.
Ld. counsel for defendant no. 6 filed reply affidavit in NM no. 3784/19. Copy of reply served on other side.
Heard Ld. counsel for both sides on NM no. 3784/19 partly and regarding preliminary objections raised by Ld. counsel for defendant no. 6.
As court time is over, Matter stands Adj for further hearing to 17.10.19 at 12.30 pm.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Vijay Thakur for plaintiff present.
Adv. Yadav for defendant no. 1 to 5 present and filed affidavit of reply to NM no. 3784/19. R and R. Copy served on plaintiff.
Adv. Kiran Jain for defendant no. 6 present and filed additional affidavit of reply in Nm no. 3784/19. R and R. It is clarified in the additional affidavit that there has been mistake in para no. 7 of the affidavit in reply dated 16.10.19 due to oversight and typographical error the word not remained to be typed, its stands corrected.
Heard Ld. counsel for defendant no. 6 on NM no. 3784/19.
Ld. counsel for plaintiff seeks time to make his oral submissions. Adjournment granted.
Ld. counsel for plaintiff submitted that plaintiff is ready for considering the possibility of settlement, if the other side is open for said option. Ld. counsel for defendant no. 6 made a statement that the option of settlement is always open between the parties.
Matter stands Adj for further hearing on NM by Ld. counsel for plaintiff and Ld. counsel for defendant no. 1 to 5 to 22.10.19 at 4.00 pm.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv.Thakur for plaintiff present and filed rejoinder in NM no. 3784/19 along with list of citation. Copy of rejoinder served on other side.
Adv. Yadav for defendant no. 1 to 5 present and seeks time to file reply to NM no. 3784/19. Time granted.
Adv. Kiran Jain for defendant no. 6 present and filed Written statement on behalf of defeated no. 6. He also filed affidavit in reply to the NM no. 3784/19.
Partly heard Adv. Thakur on behalf of plaintiff on NM no. 3784/19.
For want of time, Matter stands Adj for further hearing on NM to 07.11.2019 at 4.00 pm.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Thakur for plaintiff present and filed additional affidavit of rejoinder to NM no. 3784/19. Copy of rejoinder served on other sides.
Adv. Gadgil for defendant no. 1 to 5 present and filed WS. Copy of WS served on other side.
Written Statement on behalf of Defendant no. 1 to 4. TOR.
Adv. Patil for defendant no. 6 present and seeks time to file reply to additional affidavit of rejoinder. Time granted.
Heard both sides.
Ld. counsel for plaintiff submitted that inspite of the order of status quo granted by the court the defendants have committed trespass and encroached on suit property on 23.10.19 and complaint has been lodged in police station on 24.10.19 in that regard. Ld. counsel for defendants denied the allegations and submitted that the order of status quo was continued till 16.10.19.
Considering the submissions made before the court on 17.10.19 by the Ld. counsel for plaintiff regarding the possibility of settlement, that option was kept open to the parties but, no further order of status quo was passed.
However, it is a practice followed in the court that the parties are expected to maintain status quo when the court is seized of the matter, no formal orders are necessary regarding maintaining status quo by the parties.
In view of the above, Ld. counsel for both the sides directed to inform their respective clients to keep peace and not to take law in their hands till the court decide motion.
Keep Back
Later on 4.50 pm
Adv. Thakur for plaintiff present.
Adv. Kiran Jain for Defendant no. 6 present and submitted that a false affidavit has been filed by the plaintiff by way of additional affidavit dated 07.11.19 and copy is served today in the court to defendant no. 1 to 6. This is nothing but only to mislead the court. The order of status quo passed on 03.10.19 was continued till 16.10.19 only. Thereafter there is no status quo order is continued by this court. This fact may be clarified by the court.
In view of the above submissions, it is clarified that the order of status quo has not been continued by this court after 16.10.19. Final hearing of the NM is expedited. Ld. counsel for defendants to submit rejoinder to the additional affidavit, if any, within one week from today by serving copy on the plaintiff in advance.
Sheristedar to provide the authenticated copy of today\''s roznama to both the sides for information and compliance.
Matter stands Adj for final hearing on NM to 27.11.19 in afternoon sessions.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Ajay Thakur for plaintiff present and filed additional affidavit in NM 3784/19. Copy served on other side.
Adv. Rajan Yadav for defendant no. 1 to 5 present.
Adv. Kiran Jain for defendant no. 6 present and filed reply to NM no. 3784/19. Copy served on other side.
Ld. counsel for defendant no. 6 submitted that in the paragraph no. 2 of the additional affidavit filed by plaintiff in last four lines there is incorrect statement of fact on record that needs to be corrected and clarified. He submitted that interim order passed by this court on 03.10.19 has been wrongly mentioned as subsisting then there was no further order of the court.
In view of the above submissions, it is once again clarified that the interim order passed by this court on 03.10.19 was not continued, as mentioned in the additional affidavit. Plaintiff is orally warn not to make such incorrect statement on record of the court in future.
Matter stands Adj for NM hearing to 09.01.20.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: None present for plaintiff.
Adv. Mohanish for defendant no. 1 to 5 present and filed affidavit of reply in NM no. 3784/19 and draft CS. Leave granted to register draft CS. He undertakes to serve copy on other side.
Adv. Patil for defendant no. 6 present and filed draft NM along with affidavit. Leave granted to register draft NM. He undertakes to serve copy on other side.
Matter stands Adj for filing reply to NM and CS to 21.02.2020.
Next Purpose: REPLY
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Thakur for plaintiff present
Adv. Ghatge for defendant No. 1 to 5 present and filed original CS No. 295/20 alongwith affidavit.
Adv. Patil for Defendant No. 6 present and seeks extension of time to register NM. Time extended.
Matter stands Adj for Reply to NM and CS to 03.04.2020
Next Purpose: REPLY
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
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: 06-05-2020
Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 28-05-2020
Date: 28-05-2020
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: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None for Plaintiff.
Advocate Rajesh Patil i/b Kiran Jain and Co. for defendant no.6 present.
None for defendants 1 to 5.
The case is adjourned to 28.01.2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Advocate Ms.Shivangi Rajak for plaintiff present and undertakes to file vakalatnama.
None for defendants.
The case is adjourned to 12.03.2021 for NM hearing.
Lo at 2.38pm
Advocate Rajesh Patil for defendant No.6 present and tendered registered Notice of Motion No.1146/20 along with affidavit in support of Notice of Motion. T.O.R.
Already the case is adjourned to 12.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: None for Plaintiff.
Advocate Rajesh Patil for defendant no. 6 present.
The case is adjourned to 17.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Matter called out at 2.57 p.m.
Adv. Rajan Yadav for defendant no. 1 to 5 present.
Adv. Rajesh Patil for defendant no. 6 present.
Adv. Nayeen Beg for plaintiff present. He tendered vakalatnma on behalf of plaintiff Exh. 7 t.o.r.
By consent both the parties matter adjd. To 27.10.2021
Matter stands adjourned to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Matter called out at 2.56 pm.
Adv. N. J. Baig for plaintiff present.
Adv. Divisha Pandia I/b Adv. Rajan Yadav for Deft. No.1 to 5 present.
Adv. Rajesh Patil for Deft. No.6 present.
By consent matter adjourned 10.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Matter called out at 4.03 p.m.
Adv. N. S. Bag for plaintiff present.
Adv. Shikar Khandelwal for Deft. No.1 to 5 present.
Adv. Rajesh Patil for Deft. No.6 present.
Matter stands adjourned to 18.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: NOB. TOB
Adv. Ajay Tripathi for applicant present. He requested to extend time to register Ch/s. TOR. O- Allowed.
Matter already adjourned to 18.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Matter called out at 2.50 pm
Adv. Firoz Behlim h/f Adv. Nasrin Baig for plaintiff present.
Adv. Shikhar Khandelwal I/b Rajan Yadav for Deft.no 1 to 5 present.
Adv. Rajesh Patil for defendant No. 6 present.
Adv Ajay Tripathi for applicant tendered registered CS No. 171/22. Plaintiff tendered reply.
Copy supplied to adv. of applicant.
Adv. Patil for Defendant no.6 is seeking time to file reply to Chamber Summons. Time granted.
By consent of parties matter adjourned.
Matter stands adjourned to 07.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Court is on leave in second session. Hence board discharged.
Next Purpose: REPLY
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. N. S. Baig for plaintiff present.
Adv. Divisha Pandia for Deft. no.1 to 5 present.
Adv. Rajesh Patil for Deft. no.6 present. He tendered reply to CS No.171/2021. TOR.
Copy served to the plaintiff.
By consent, matter stands adjourned to 22.11.2022 for CS hearing.
Next Purpose: REPLY
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Shivaji Shinde for plaintiff present.
Adv. Shikhar Khandelwal I/b Rajan Yadav for Deft. no.1 to 5 present. He is seeking time to file reply. Time granted.
Adv Ajay Tripathi for applicant in CS No. 171/22 present.
Matter stands adjourned to 20.01.2023 for CS reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. S. R. Kashyap for plaintiff. He tendered written arguments in CS No.171/2021. TOR.
Adv. Rajesh Patil for defendant No. 6 present.
Adv. Ajay Tripathi for applicant in CS No.171/2022 present. He tendered written argument in favor of chamber summons by applicant/proposed defendant.
Matter stands adjourned on 21.04.2023 for NM reply/CS
hearing.
Next Purpose: REPLY
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 06-01-2024 for NM reply and Ch/s
hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: PO is on half day(Second sessions) leave. C.R.03
Matter is adjd to 09.02.2024
Next Purpose: C/S HEARING
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: None for Plaintiff present.
Advocate Rajesh Patil for defendant no. 6 present.
Matter stands adjourned on 04-04-2024 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Adv. S. Jain for defendant no. 1 to 5 present.
Adv. Rajesh Patil for defendant no.6 present.
Adv. Ajay Tripathi for applicant in Ch/s No.171/22 present.
Matter stands adjourned on 15-04-2024 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: None for Plaintiff present.
Adv. Shruti Jain h/f R. Yadav for defendant no.1 to 5 present.
Adv. Rajesh Patil along with Adv. Aditya Gatlewar i/b Kiran jain and Co. for defendant no.6 present.
Both the parties are directed to argue on NM on next date without fail, otherwise his affidavit in support and reply be treated as their argument.
Matter stands adjourned on 26-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Adv. for Plaintiff present.
Adv. Rajesh Patil for defendant no. 6 present.
Adv. Shruti Jain i/b Adv. Rajan Yadav for defendant no. 1 to 5 present.
Heard on both Chamber summons.
F.R.S.R. following order is passed on Chamber Summons No. 295 of 2020.
ORDER
1. The Chamber Summons No. 295 of 2020 is hereby partly allowed in term of prayer clause (a) and (b) only.
2. The plaintiff is directed to give inspection of all the original documents referred to and relied upon by the plaintiff within one month from the date of order.
3. The Chamber Summons No. 295 of 2020 is hereby disposed off accordingly.
Matter stands adjourned on 30.04.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: None for plaintiff.
Adv. Shamal Goankar h/f Tripathi for applicant in C/s present and filed Written argument of CS No. 171/2021. Taken On Record.
Adv. Rajesh Patil for defendant no.6 present.
Matter stands adjourned on 02-07-2024 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: None for Plaintiff present.
Adv. Rajesh Patil for defendant no. 6 present.
Adv. Ajay Tripathi for applicant present.
Matter stands adjourned on 20-08-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: None for Plaintiff present.
None for defendant present.
F.R.S.R following order is passed on Chamber Summons No. 171 of 2022
Order
1. Chamber Summons No. 171 of 2022 is hereby dismissed.
2. No order as to costs.
Matter stands adjourned on 22-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: None for Plaintiff present.
Adv. Rajesh Patil for defendant no.6 present.
Matter stands adjourned on 16-01-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Advocate Rajesh Patil for defendant No. 6 present.
Matter stands adjourned on 12-06-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for the plaintiff present.
Advocate Atul Kolge i/b Advocate Rajan Yadav for defendant Nos. 1 to 5 present.
Advocate Rajesh Patil for defendant No. 6 present and seeks time to argue. Time granted till next date.
Matter stands adjourned on 27-10-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2025
Date: 27-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate Rajesh Patil for defendant No. 6 present.
Advocate Atul Kolge for defendant No. 1 to 5 present.
Matter stands adjourned for NM hearing to 02-12-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned for NM hearing to 30-01-2026.
Later on. Advocate Dikshit R. Jain h/f Advocate Rajan Yadav for
defendant No.1 present.
Advocate Rajesh Patil for defendant No. 5 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2026
Date: 30-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Atul Kolge for defendant Nos. 1 to 5 present.
Advocate Rajesh Patil for defendant No.6 present.
The plaintiff and his advocate never turned up before this Court since 30.03.2024. The conduct of plaintiff shows that he is not interested to proceed with the litigation. Hence matter be fixed for dismissal order for want of prosecution.
O - Issue notice to plaintiff by RPAD.
Matter stands adjourned for dismissal/NM hearing to 13-02-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: Adv. Kamlesh Gujaar for Plaintiff present and tendered aplication to show the reasons for absence of plaintiff. Due to health issue of plaintiff.
Adv. Rajesh Patil for defendant no.6 present.
Adv. Atul Kolge for defendant no.1 to 5 present.
Exh-08 Medical paper of plaintiff filed by adv. on behalf of plaintiff.
By consent Matter stands adjourned for NM hearing to 30.03.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: Main suit 08.04.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2026
Date: 08-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Atul Kolge for defendant Nos. 1 to 5 present.
Advocate Rajesh Patil for defendant No.6 present.
This is suit of 2019. The plaintiff is absent since 30.04.2024.
Today none present for plaintiff, no steps taken. Matter be kept for dismissal order Matter stands adjourned for dismissal to 30-04-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2026
Date: 30-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Neha Raut for defendant No. 1 to 5 present.
Advocate Rajesh Patil for defendant No. 6 present.
Matter stands adjourned for dismissal to 07-05-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 07-05-2026
Date: 07-05-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Rajesh Patil for defendant No.6 present.
None for defendant Nos. 1 to 5 present.
Matter stands adjourned for dismissal to 08-06-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present. When called repeatedly till 3.15 PM.
Advocate Rajesh Patil for defendant No.6 present.
None for defendant nos. 1 to 5 present.
The plaintiff, his advocate absent since 14.03.2026. Earlier the suit was fixed for order. The advocate for plaintiff sought adjournment on 13.02.2026 due to health issue of plaintiff. Subsequently the plaintiff and his advocate remained absent. Matter is fixed for dismissal order since 30.01.2026. The conduct of plaintiff shows that he loss the interest in the litigation. It is suit of year 2019. The notice issued on Court Motion on 14.03.2026 through RPAD, However, neither the plaintiff nor his advocate appeared in this matter. The matter is pending since 2019 for NM hearing. The plaintiff and his advocate are absent even today. It appears that the plaintiff is not interested in prosecuting the suit. No purpose will serve by keeping the matter pending without any progress. Hence, the Suit No. 2544 of 2019 is dismissed in default for want of persecution. No order as to costs. CS or NM if any disposed of as infructuous.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 08-06-2026
