Date: 05-11-2019
Business: Adv. Mr. Chaitanya Jadhav I/b SC legal for plaintiff present, strongly objected for interim relief. He prayed for adjd to file reply on NM.
Adv. Mr. Mehul Shah Mr. for defendant no.4 and 5 present, requested to stay attachment warrant issued in execution petition.
Mr. Jitendra Malkan, deft no.5 present.
Registered NM no. 4033/19 is tendered by deft no.
According to deft nos. 4 and 5, no summons was served. On perusal of plaint, at the inspection it was preferred against deft nos. 1 to 3. It would be appropriate to decide on merit. Hence, execution petition in view of decree dtd. 07.09.2017 is stayed for three months.
Plff to file reply on NM, positively on next date.
Next date 04.12.2019 is given as prayed by adv. Mr. Jadhav.
Sheristedar to issue authenticated copy of roznama to the parties.
Matter is adjd. for NM reply on 04.12.2019.
Next Purpose: REPLY
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Deepali Jadhav for Plaintiff present.
Adv. Abhishek Nikhargi for D/4 and 5 present and filed Rejoinder to NM 4033/19.
Copy served on plaintiff.
Adjd. for NM hearing to 10/1/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Deepali Jadhav for plaintiff is present.
Advocate Snehal Dukhle for defendant no. 4 and 5 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 17.02.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Advocate Mr. Shirish Oak for plaintiff is present.
Advocate Ms. Shubhangi Ashar for defendant is present.
Both advocates are requested to adjourn the matter for hearing. Request is allowed.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 24.02.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Advocate Mr. Oak for plaintiff is present.
Advocate Mr. Abhishekh for defendant no. 4 and 5 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 05.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Advocate for plaintiff is present.
Advocate for defendant is present.
Earlier order if any, to continue till next date.
Both advocates are requested for short adjournment.
Hence, adjourned for NM hearing to 20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv Kumbhar for plaintiff present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for NM hearing to 19-06-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None present.
Today matter is for NM hearing.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Earlier interim order if any is continued till next date.
Matter adjd for NM hearing to 25-01-2021.
L.O.at 3.03 pm
Adv Snehal Dukhane for defendant no. 5 and 6 present.
Matter adjd for NM hearing to 25-01-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv. Madhukar Jadhav for plaintiff present.
Kb L. O at 2.45 pm
Adv. Abhishek Nikharge I/b Mehul Shah for applicant present.
Earlier interim order if any is continued till next date.
Adjd for NM hearing to 26/04/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Matter pertains to C.R.No.59
None present for plaintiff.
Adv. Abhishek Nikharge for applicant in NM/ Defendant No. 4 and 5 present.
On oral request of by Adv. For deft. No. 4 and 5, the order dt. 05/11/2019 is extended till next date only.
Matter adjd to 21/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: As Court is Vacant Board discharged adj.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Advocate Shirish Oak for DH present.
Advocate Chaitali Jadhav for respondent Nos. 4 and 5 present.
Notice of Motion is pending for hearing. However, today it is not possible to hear the argument of the parties on Notice of Motion.
Advocate for the plaintiff/DH objected to extension of the earlier stay order on the ground that since long the execution in stayed and the extension may not be granted if the hearing is adjourned.
Heard both sides.
Record shows that initially vide Order dated 05.11.2019 execution of decree dated 07.09.2017 was stayed for three months. Thereafter, the said order is continued from time to time till today. In view of the fact that the Court was vacant for few months and the Court working was disturbed due to the pandemic, the hearing of Notice of Motion could not be completed. Both sides are ready to argue the matter on merit. In view of these circumstances, earlier order is continued till next. Parties to argue positively on next date without fail.
Adjd on 13.06.2022 for Notice of Motion Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Matter called out at 3.04
Adv Dipali Jadhav I/b SC legal for plff present.
Adv Mehul Shah for Defendant
adv for plff DH request short adjd for argument on NM on the ground that her senior is not present today in the court. Short adjd granted for the reasons. Earlier order if any, to continue till next date.
Matter is adjd on 22.06.2022 for NM Hrg.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Adv Sheerish Oak for plff DH present
Adv Ruben Baker H/f Adv Mehul Shah for Defendant JD present
Adv for def submits that his senior Mehul Shah is not keeping well requests short adjd. Adv for plff DH objected adjd submitting that stay is running against the execution of decree. Adv for def JD submits that the will be finally argued on 28.06.2022. In view of the reasons cited for adjd short adjd is granted to JD strictly as a last chance. Adv for def JD requests to continue the earlier order. The earlier order is continued till next date as a last chance.
Matter is adjd on 28.06.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv Shireesh Oak a/w Madhukar Jadhav I/b SC Legal for plff/DH present
Adv Mehul Shah for Defendant Nos. 4 and 5/JD present
Heard advs of both sides on NM.
Matter is adjd on 08.07.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Matter called out at 11.19 am
Adv Shreesh Oak with Madhukar Jadhav for plff DH present
Adv Abhishek Nikharge ib Mehul Shah for Defendant Nos. 4 and 5 present.
F.R.S.R Following order is passed.
Order
1. Notice of Motion No. 4033 of 2019 is dismissed with costs.
2. Notice of Motion No. 4033 of 2019 disposed of accordingly.
Advocate for applicants tendered application to stay execution proceeding No. 117 of 2018 for a period of sixty days t.o.r.
Order Heard both sides. Applicants seeks to prefer appeal against the order passed in Notice of Motion. In view of the reasons, the execution proceeding No. 117 of 2018 is stayed for four weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 08-07-2022