Mr. Dadasaheb Sayaji DurgeVsMr. Nikhil Dadasaheb Durge

Date: 06-01-2020
Business: Advocate Ms. Vandana Dubey for Plaintiff present and filed an application for permission to Plaintiff to serve writ of summons upon Defendant by RPAD, t.o.r. O-Allowed.
None present for Defendant.
Case is adjourned to 11/03/2020 for filing affidavit of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Advocate Ms. Kanyakumar Pasi @ Plaintiff present.
Defendant present and submitted that on next date he will engage lawyer for himself.
It is noticed that this is the dispute in between parents and son and court is of the opinion that if parties thinking for settlement, they can arrive at settlement, hence parties are directed to sign referral letter on next date. Plaintiff to file affidavit of service of writ of summons.
Case is adjourned to 22/06/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/11/2020.
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
Next Purpose: SERVICE
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: None present for both the parties.
Adjd. for service to 05.05.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: None  present for both parties.
Rozanama dt.11.03.2020 shows that deft was present in the Court on that date. Plffs were directed on that date to file affidavit of service.
Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned till next date.
Matter is adjd. for filing affidavit of service to 28.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: None present for plff.
Despite granting several opportunities, plff has not filed affidavit of service as per the direction given in roznama dt.11.03.2020. As nobody is present for the plffs today, matter be kept for dismissal  order on next date.
Matter is adjd. for dismissal order to 11.01.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Hon’ble High Court,  matter is adjd.at same stage till next date.
Matter is adjd. for dismissal to 04.04.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv Smt. Vandana Dubey present for plff. and seeks time to file affidavit of service.
None present for deft.
on request of adv for plff, matter is adjd. for filing affidavit of service to 05.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None present.
Service affidavit not filed. Keep for further orders.
Matter adjd to 28.09.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Vandan Dubey h/f Kanyakumari Pasi for plaintiff present.
None present for the defendant.
On oral request of the plaintiff. Matter adjd to  07.12.2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: None present for both sides. Service affidavit is not filed by the plaintiff. Matter adjd to 03.03.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: HHJ is on leave.
Next Purpose: ORDER
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: None for plaintiff
None for defendant
Matter is adjd.to 28-07-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: None present for the parties-
Matter is adjd-to   26-09-2023 for dismissal order-
Next Purpose: DISMISSAL
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: None for plaintiff.
None for defendant
From the perusal of the record, it appears that it would reveal that despite several opportunities the plaintiffs failed to take appropriate steps to serve the defendant with writ of summons and did not filed affidavit of service. The plaintiffs are not attending the matter since long. The plaintiffs thus appear to have lost interest in prosecuting the suit against the defendant. There is thus no justification to keep the suit pending any more but the same is liable to be dismissed for default. The suit stands accordingly dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 26-09-2023

Registration Number: 103276/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 111160/2019
Filing Date: 11-10-2019
First Hearing Date: 06th January 2020
Decision Date: 26th September 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE