Date: 19-11-2019
Business: Matter pertain to Cr.No.09
Moved by preceipe.
Adv.Santosh Raje for plaintiff present.
Adv.Zubin Dalal a/w Adv.Mayur Shetty, Adv.Aradhana Bhansalil and Adv.Krutika Chulkar i/b Rajani Associates for defendant no.1,3 to 5, 7 and 8 present tendered vakalatnama.(Exh-5).T.O.R
Exh-1 Plaint
Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents.
Heard both the side on Unregistered NM. ORDER
1.Ad-interim protection is hereby rejected.
2.Plaintiff to register the Notice of Motion.
3.Parties to act on steno copy.
Matter is adj already adj to 07/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: None present for Plaintiff.
Advocate Krutika D. Chewoolkar for Defendant present and filed vakalatnama for Defendant no.2 and 6, t.o.r.
Court is busy in hearing Notice of Motion in suit no.4705/08 and court has to dictate order on Notice of Motion in suit no.9376/95 and Judgment in suit no.8136/86, hence case is adjourned to 27/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-02-2020
Date: 07-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Advocate Ms. Sonali Lolge for Plaintiff present and filed registered Notice of Motion no.4441/2019 with affidavit in support, t.o.r.
Advocate Mr. Kapoor for Defendant present and sought time to file NM reply. Considering submissions adjourned.
Case is adjourned to 22/07/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: Due to covid pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2020
Date: 22-07-2020
Business: Due to covid pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020
Date: 11-09-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 18/02/2021 for Notice of Motion hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: None present both the parties.
K.B.
L.O. at 4.30 p.m.
None appeared for both parties when called again.
Defts failed to file reply hence, NM No.4441/2019 to proceed without reply of defts.
Adjd. for NM hearing to 23.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: None present for both the parties.
N.M.No.4441/2019 is already ordered to proceed without reply of the deft as per roznama dt.18.02.2021.
As nobody is present for the plff, said NM be kept for dismissal order on next date.
Matter is adjd. for NM dismissal to 15.11.2021.
Judge
L.O.at 3.30 p.m.
Adv Ms. Cheulkar for deft present.
Already adjd. to 15.11.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present for plff.
Adv Ms. Krutika Cheulkar present for deft.Nos.1 to 8.
As nobody is present for the plff N.M.No.4441/2019 of the plff is dismissed in default for want of prosecution.
Adv for deft Nos.1 to 8 filed application Exh.6 for condonation of delay caused in filing WS.
As per the City Civil Court Act Rules, notice of motion is necessary to be filed for seeking delay condonation. With liberty to deft Nos.1 to 8 to take out appropriate NM, application Exh.6 is disposed off.
Matter is adjd. for No WS order to 10.01.2022.
Next Purpose: ORDER
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Date: 08-03-2022
Business: None present for plff.
Adv Ms. Krutika Cheulkar present for deft.Nos.1 to 8 and filed affidavit of service of NM No.3154/2021. Plff is properly served with said NM but failed to appear and file reply hence, NM No.1354/2021 to proceed without reply of plff.
Matter is adjd. for NM hearing to 28.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: None present for plff.
Adv Ms. Cheulkar for deft present.
As nobody is present for the plff, matter is adjd. for NM hearing to 24.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None present for plaintiff.
Adv.Yash Jain for all defendants present.
Heard the Ld.adv.for the defendants in NM No.3154/21. The plaintiff remained absent. No argument of the plaintiff. Following order is passed in NM No.3154/21.
ORDER
This motion is taken out for condonation of delay in filing written statement. It is the contention of the defendants that in the month of November 2019 they received the copy of plaint. On 07.12.2019 defendants No.2 and 6 filed vakalatnama. It is the contention of the defendants that due to lock-down and as the defendants are Sr. Citizens they were not available for making signature on the written statement. The motion is proceeded unappopsed. Considering reason stating in the motion, I am of the view that delay in filing written statement can be condoned. Hence, I pass the following order-
ORDER
1.Notice of motion No.3154/2021 is allowed subject to costs of Rs.2,000/- (Rupees Two Thousand only) which is to be paid on or before next day.
2. Delay in filing written statement by defendant is condoned.
3. Costs shall be paid to Legal Aid.
The defendant tendered written statement. It is kept for order after compliance. Copy of written statement is also placed on record for furnishing same to the plaintiff.
Matter adjd to 22.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv.Ms.Honey Chandnani for deft.present.
The written statement filed by all the defendants is t.o.r. and marked as Exh.7.
Matter adjd to 07.12.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: None present for both sides.
Matter adjd to 18.02.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: None present for both sides. No submissions.
Issues are framed at Exh.8.
Matter adjd to 09.06.2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: None for plaintiff
Adv. Honey Chandnani h/f Adv. Rajani for defendant present.
It appears that on the last date the issues have been framed by this Court vide Exh. 8 and the matter is posted for plaintiffs evidence today. The matter is adjourned for plaintiff\''s evidence on the next date.
Matter is adjd.to 10-08-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: None for plaintiff.
Adv. Honey Chandnani for defendant present.
Matter is adjd.to 06-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 30-10-2023 for Order against plaintiff
Next Purpose: ORDER
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: None for plaintiff.
Adv. Haney Chandanani for defendant no. 1 present.
Matter is adjd.to 09-11-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: None for plaintiff.
Adv. Haney Chandnani i/b Rajani associate for defendant present.
The defendant present from the perusal of the record it is seen that on 18.02.2023 the issues have been framed by this Court vide Exh.8 and the matter was posted for plaintiff evidence on 09.06.2023 and thereafter, on 10.08.2023, 06.09.2023, 30.10.2023. the plaintiff however, did not turn up to adduce evidence in the matter in support of her case. Hence, the suit is liable to be dismissed for default under Order 9 Rule 8 of Code of Civil Procedure. Hence, Suit is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 09-11-2023