Mr. Tushar Shashikant KharatVsMr. Maruti Anna Dorugade +5 more

Date: 05-12-2019
Business: Adv. Bhimrao Pawar for plff present.
Adv. Sunita Sawant for deft no.3 and 4 present.
Adv. Mannadiyar for deft no.6 present.
Exh.1- Plaint
Exh.2-VP
Exh.3-Address Memo
Exh.4-List of documents
Exh.5-VP Filed by adv deft no.3 and 4. TOR.
Exh.6-VP Filed by deft no.6. TOR.
Adjd for Service upon other defts to 20.12.2019.
Later On.
At  12.15 pm.
Exh.7-Adv. Jafri for deft no.5 present and filed VP. TOR.
Now adjd for Service of writ of summons upon deft no.1 and 2 to 20.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Adv. Bhimrao Pawar  for plaintiff present.
Adv.  Sunita Sawant  for defendant  no. 3 and  4present.
Adv.   S. B. Ghorpade  for defendant   no. 5  present.
Adv. Mannadiyar for defendant  no 6  present and tendered application (Exh 8) to accept the written statement.
Order - allowed.
WS of deft. no. 6 t.o.r. and marked at Exh. 9.
Copy served to other side.
None for defendants no. 1 and 2.
Deft. no. 2 has failed to file WS till today. therefore suit will proceed without WS of deft. no. 2.
Adjd to  15-01-2020 for  WS of deft. no. 3 and 4 and service of Writ of summons of deft. no. 1.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Dhannya Prasad I/b Mannadiar co. for defendant no. 6 present.
Deft. no. 1 is present.
None for other defendants.
KB LO
Adv.  Sawant  for defendants No. 3 and 4 present and tendered WS of deft. no. 3 and 4 t.o.r. Its marked at Exh.11   Copy served to other side.
Adv. Nooman Jafari for defendant no. 5 present.
LO
Defendant no. 1 is present and tendered WS of deft. no. 1 and 2. However, No WS order is passed against deft. no. 2 on previous date 02-01-2020. As such without setting aside above order WS of deft. no. 2 cannot be taken on record. Therefore, the WS of deft. no. 1 only is taken on record and  its marked at Exh.12  Only for deft. no. 1Copy  be served to other side.
Adjd to 13-03-2020  for service of Writ of summons upon deft. no. 1.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Bhimarao Powar for plff. present and tendered affidavit of service on deft no. 1 alongwith Postal acknowledgment. TOR. Marked as Exh. 12. He has also tendered draft N/m alongwith affidavit.  Leave granted to register.  Copy served to other side.
Adv. Mannadiar for deft. no. 6 present.
Adv. Madhuri Mahadik for deft. no. 3 and 4  present.
Copy of W/S at Exh. 12 and Exh. 10 received by the plff and other defts.
Adjd to  09/06/2020 for n/m reply.
Next Purpose: SERVICE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 15.12.2020.
Next Purpose: SERVICE
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None present.
The matter is adjd for N/M reply to 16.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Sawant for deft. nos.3 and 4 present.
Registered N/M No.1708/20 tendered by counsel for plaintiff.
Ld. counsel for plaintiff undertakes to serve N/M to deft. nos.1, 2, 5 and 6.  He has supplied the copy of N/M to counsel for deft. nos.3 and 4.
The matter is adjd for service of N/M to deft. nos.1, 2, 5 and 6 and reply to N/M to 25.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Jafrey for deft. no.5 present.
Ld. counsel for plaintiff submitted that N/M has been served to deft. nos.1, 2, 5 and 6.
Ld. counsel for deft. no.5 seeks time to file reply.  Granted.
The matter is adjd for reply to 06.07.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: None for plaintiff.
Adv.  Sunita Sawant for Defendant nos. 3 and 4 present.
Matter is adjd.to 12.08.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None for plaintiff.
Adv. Madhavi Mahadik h/f. Adv. Sawant for deft. nos.3 and 4 present.
K.B.
L.O. at 03.05 pm.
Adv. Santosh Mahamuni for deft. nos.1 and 2 present.
Adv. Madhavi Mahadik h/f. Adv. Sawant for deft. nos.3 and 4 present.
The matter is adjd for reply to N/M to 21.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None for plaintiff.
Adv. M.V. Sawant for deft. nos.3 and 4 present.
Adv. For deft. nos.3 and 4 tendered reply to N/M no.1708/2020.  T.O.R.
The matter is adjd for N/M hearing to 14.10.2021.
L.O. at 03.30 pm.
Adv. V. Mannadiar for deft. no.6 present.
The matter is already adjd for N/M hearing to 14.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Krushna Divekar for deft. nos.1 and 2 present.
Adv. Sunita Sawant for deft. nos.3 and 4 present.
Adv. Jafrey for deft. no.5 present.
Adv. V. Mannadiar i/b. M/s. Mannadiar and Co. for deft. no.6 present.
Heard both the sides.
     Advocates appearing for plaintiff and defendants submit that present dispute is not a commercial dispute within the meaning of Section 2(c) of the Commercial Courts Act.  They prayed for reassignment of the suit to Regular Civil Court.
        Considering the submissions advanced on behalf of both the sides, it would be contextually relevant to refer avernments made in the plaint.  It is contended that plaintiff is the lawful owner of the flat no.403/A situated in Nehru Nagar, Nijdham Co-Operative Housing Society, Kurla (East) (Hereinafter referred to as Suit flat).  Deft. nos.1 and 2 fraudulently got executed an agreement for sale dated 08.12.2016 regarding suit flat and thereafter, illegally executed agreement for sale dated 28.02.2017 in favour of deft. nos.3 and 4.  Plaintiff, by filing present suit, is seeking declaration regarding ownership of the  suit flat.  He is also challenging agreement for sale dated 08.12.2016.  On perusal of the plaint, it is clear, as crystal, that dispute is relating to agreement of the  immovable property (suit flat).  Suit flat is a flat in the Co.-Operative Housing Society.  Both the parties fairly submit that suit flat is a residential flat. Dispute is not  arising out of agreements relating to immovable property used exclusively in trade or commerce.  Thus, present suit does not qualify as a Commercial dispute.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
The matter is adjd for compliance of above order to 20.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Shri Bhimrao Pawar for plaintiff present .
Adv Ms. Madhavi Mahade h/f Mandar Sawant  for defendant Nos. 2 present.
Adv  for plaintiff submitted that the compliance is done and the notice of Motion for hearing, it seems that the Notice of Motion is not on today\''s board.
Adjd on  27.06.2022 for Hrg on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Matter called out at 3.03 pm
Adv  for plff present
Adv Sunita Sawant for Defendant Nos.3 and 4 present
Adv Noman Jafri for def No.5 present
By consent matter adjd.
Matter is adjd on 10.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Matter called out at 2.58 pm
Adv Bhimrao Pawar for plff present
Adv M.V.Sawant for Defendant No.3 and 4 present
By consent matter adjourned.
Matter is adjd on 29.09.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None for plff.  Adv M.V.Sawant for def Nos. 3 and 4 present Adv Nomam Jayri for defendant No.5 present
Court is busy in dictating judgment in Suit No. 7408/96 and Order in Suit 2162/15.  Hence, Board is discharged.
Matter is adjd on 25.11.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Matter called out at 3.04 pm
Adv Bhirao Powar for plff present
Adv Kavita Kondhalkar for defendant Nos. 1 and 2 present
Adv Sunita Sawant for defendant Nos. 3 and 4 present
By consent, matter is adjourned.
Matter is adjd on 19.01.2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Matter called out at  3.02 pm
Adv Bhimrao Pawar for plff present
Adv. Kavit Kondhalkar h/f S.S. Mahalaxmi def no.1 & 2 present.
Adv. Sunita Sawant for Def nos.3 & 4 present.
Adv Mooman for defendant no.5 present
Adv for plff seeks time on the ground of personal difficulty. Granted.
Matter is adjd on 08.03.2023 for NM hearing.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Powar for plaintiff present.
Adv. Zaid for defendant no.5 present.
Adv. Sawant for defendant no.3,4 present.
Adv. Kavita Kulkarni for defendant no. 1,2 present.
Heard argument of advocate for plaintiff on Nm.
Adv. for defendant no. 3 and 4 submits that he is not received the copy of WS and annexures of defendant no. 1. Adv. for defendant no. 1 undertakes to serve the copies upon advocate for defendant no. 3,4 and 5 as well as plaintiff. and to submit annexures with  WS on record. Time is granted to advocated for defendant no. 3 and 4 for argument on Nm.
Adv. for defendant no. 1 to serve the copies in advance.
Matter is adjd on 10-04-2023 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Sawant for defendant no. 3 and 4 present and submits that he has not received copy of WS and annexures of defendant no. 1.
Adv. Mooman for defendant no. 5 present.
As no one is present for defendant no. 1 matter adjourned for compliance.
Matter is adjd on 09-06-2023 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao A.Powar for plaintiff present.
Adv.Sunita Sawant for defendant Nos. 3 and 4 present
Adv.Mooman h/f Adv.Jafari for defendant No.5 present.
Adv.Rachvi i/b Mannadias and Company for defendant No.6 present.
Defendant No.1 failed to comply order dated 08/03/2023.  Ld.Adv. For def.No.3,4 and 5 submits that if def.No.1 fails to supply documents as directed she will obtain the copies on her own costs and she also submitted that there are no such documents on record. She will issue notice defendant No.1 and file on record.  Accordingly, matter is adj to 04/08/2023 for hearing on N/M No.1708/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao A.Powar for plaintiff present.
Adv.Sawant for defendant Nos.3 and 4 present.
Adv.Noman Jafri for defendant No.5 present.
Adv.Sumukh Rackvi h/f Mannadiar and Company for defendant No.6 present.
Heard Ld.adv. for plaintiff and defendant Nos.3 to 5
Matter is adj to 09/08/2023 for order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao Powar for plaintiff present.
Adv.M.M.Mahadik h/f Adv.M.V.Sawant for defendant Nos.3 and 4 present.
F.R.S.R following order is passed on N/M No.1708/2020.
ORDER
Notice of Motion No.1708 of 2020 is rejected.
Matter is adj to 03/10/2023 for framing of issues.
Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Bhimrao A. Powar for plaintiff present.
Matter is adj to 02/01/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao A. Powar for plaintiff present.
Adv.Naina Orale h/f Adv.Noman Jafri for defendant No.5 present.
Matter is adj to 09/02/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  On filing application, pursis, document the Sheristedar with the help of interpreter update the roznama.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Bhimrao A.Powar for plaintiff present.
Matter is adj to 26/06/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
kept back
Later on at 1.58pm
Adv.Sunita Sawant for defendant Nos.3 and 4 present.
Matter is adj to 03/09/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Bhimrao A.Powar for plaintiff present.
None for defendant.
Matter is adj to 15/10/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Po is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None for plaintiff.
None for defendant Nos.1 to 4 and 6.
Adv.Mannadiar for defendant No.5 present.
Matter is adj to 07/05/2025 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: PO IS ON LEAVE.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
Not on board taken on board.
Considering the nature of suit it appears that there are element of settlement therefore, matter can be referred for Mediation.  Hence, matter be referred for mediation.
Matter is already adj to 11/08/2025 for Mediation Report/Framing of  Issues.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None present.
Matter is adj to 31/10/2025 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: Court Vacant
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Court is Vacant.
Board is Discharged.
Matter adjd. to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: PO IS ON TRAINING IN FIRST SESSION.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
Adv.Bhimrao A. Powar for plaintiff present.
None for defendant.
Mediation report received(not settled) T.O.R marked as Exh-14.  Order- Seen and filed.
Matter is adj to 17/10/2026 for draft issues.
Later on at 3.19pm
Adv.Mannadiar for defendant No.6 present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-10-2026

NOTICE OF MOTION/101708/2020

Registration Number: 102039/2021
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 102039/2021
Transfer Date: 21-05-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 102039/2021
Transfer Date: 17-07-2021
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 102039/2021
Transfer Date: 27-10-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 111684/2019
Filing Date: 23-10-2019
First Hearing Date: 05th December 2019
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE