Order Details: Order below exhibit Pdf Text: 1 OBE 21 in Comm. Suit 5302021 MHCC010112572019 IN THE CITY CIVIL COURT AT MAZGAON MUMBAI. (Court Room No.32) ORDER BELOW EXH.21 IN COMMERCIAL SUIT No.530 OF 2021 Suman Shantinath Magdum & Ors. …PLAINTIFFS VERSUS Netaji Narobe Omase & Ors. …DEFENDANTS Shri.Revankar, learned advocate for plaintiff Shri.Redekar, learned advocate for defendant Nos.1,2,3,5 and 6. CORAM : H.H. J. SHRI VISHAL SADASHIVRAO GAIKE, COURT ROOM NO.32 O R D E R (Delivered on 28/02/2024)…
Commercial Suit
Suman Shantinath Magdum +3 moreVsNetaji Narobe Omase +6 more
CNR MHCC01011257201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 100530/2021
- Registration Date
- 19 Nov 2019
- Next Hearing Date
- 23 Sept 2026
- Case Stage
- NM FOR HEARING
Advocates
10Parties
11Acts & Sections
2Hindu Marriage Act · Sec 37
Noise Pollution Regulation and Control Act, 2000 · Sec 39 · 42 And 46
Case History / Proceedings
Case History
Date: 10-12-2019
Business: Advocate Mr. A. G. Revankar for Plaintiff present and filed registered Notice of Motion no.4411/2019 with affidavit in support, t.o.r. Plaintiff is directed to file affidavit of service of Notice of Motion on next date. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 22/01/2020 for Service of NM.
Next Purpose: SERVICE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Advocate for Plaintiff present
Defendant present.
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 13/02/2020.
Next Purpose: SERVICE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: None present for plaintiff.
None present for defendants.
KB
Later on at 3.35 pm
Adv. Revankar for plaintiff present and filed original writ of summons.
He also filed further affidavit in support of NM t.o.r.
Defendant No.1 present.
Exh.2 V/P filed by Adv. S.S. Waghmare for Defendant No.7.
Adjd. to 13/3/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Date: 17-03-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Sonali S for Plaintiff present and submitted that defendants have not filled written statement within 90 days from the date of service of writ of summons. Hence she has prayed for passing NO W.S. Order.
None present for Defendants.
It seems that due to Corona pandemic, Defendants are absent, hence case is adjourned to 16/02/2021 for NO Written Statement Order.
Next Purpose: ORDER
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Ms. Sonali for plff present and submitted that plff has not received the copy of notice of motion taken out by deft Nos.1 to 3 and deft 5 and 6.
Adv Mr. Tukarm Shinde 1 to 3, 5, 6 present and submitted the he will serve copy of NM on the advocate for plff.
Adv Mr. Waghmare for deft No. 7 present and filed draft NM for delay condonation along with affidavit in support. O- Leave to register is granted.
Proposed WS of Deft No.7 produced today be kept on record.
By consent, matter is adjd. for NM hearing to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Adv.Sonali Sigum h/f.Adv.A.G. Revankar for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 03.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: (Incharge of C.R. No. 32)
Adv. Sonali Sigum for plaintiff present and filed affidavit in reply of draft NM t.o.r. marked at Exh. 4
None for defendant.
Matter is adjd.to 10-08-2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None present for plaintiff.
Adv.Leena Suryavanshi h/f.Adv.Tukaram Shendge for defendant No.1 to 3, 5 and 6 present.
None present for defendant No.4 and 7.
Adjournment application, Exh.5 filed by Adv.Leena Suryavanshi t.o.r
O-Time granted as last chance as NM is for hearing.
Matter adjd to 03.09.2021 for NM hearing.
Judge
LO at 02.52 pm
Adv.Sonali S i/b. A.G.Revankar for plaintiff present.
Adv. S.S.Waghmare for defendant No.7 present and tendered original registered NM No.527/21 a/w. affidavit in support t.o.r.
Copy of NM No.527/21 is received by the plaintiff. Endorsement to that effect is made on notice of motion.
Matter adjd to 03.09.2021 for hearing on NM No.1133/20 and NM No.4411/19 and reply of plaintiff to NM No.527/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Rajesh Revankar i/b. A.G.Revankar and Co. for plaintiff present.
Adv.Tukaram Shendage for defendant No.1 to 3, 5 and 6 present.
Adv.S.S.Waghmare for defendant No.7 present.
The Ld.Adv.for the plaintiff wants to take steps for bringing Legal Heirs of defendant No.4 on record. Hence, adjourned for steps in that regard.
Plaintiff filed today reply to NM No.527/21 on itself.
Heard Adv. for defendant No.7 and the plaintiff on NM No.527/2021.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.527/2021 is allowed.
2. The delay in filing Written Statement is condoned.
3. The Written Statement is taken on record.
4. Notice of Motion No.527/2021 is disposed off accordingly.
Written statement is marked as Exh.6. It is taken on record in view of order in NM No.527/2021.
The defendant No.7 undertakes to furnish copy of WS, Exh.6 to the plaintiff on next date.
Matter adjd to 24.09.2021 for steps for bringing LR\''s on record (Deft. No.4), hearing of NM No.1133/2020 and NM 4411/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Sonali Sigum i/b.A.G.Revankar and Co. for plaintiff present.
Adv.Amit Vashika h/f.Adv.Tukaram Shendge for defendant present.
Plaintiff requested for time. Matter adjd for steps for bringing LR\''s of deft. No.4 on record, hearing of NM 1133/20, NM 4411/19 on 14.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv.Sonali Sighum i/b.A.G.Revankar and Co. for plaintiff present.
Adv.Tukaram Shendge for defendant nos.1 to 3, 5 and 6 present.
Adv.for defendant No.7 absent.
The plaintiff filed draft chamber summons a/w. affidavit in support for taking on record the legal heirs of deceased defendant No.4.
O-Leave granted to register the draft chamber summons.
Matter adjd to 22.11.2021 for Ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for plaintiff.
None present for defendant Nos.1 to 6.
Adv.S.S.Waghmare for defendant No.7 present.
The plaintiff remained absent. The draft chamber summons is not tendered after registration of the same by the plaintiff. Hence, keep for order in respect of draft chamber summons, matter adjd to 17.12.2021 for order on draft chamber summons/hrg. on NM 1133/2020 and 4411/19.
LO 01.20 p.m.
Adv.Sonali Sigum for plaintiff present.
The plaintiff wants to tender registered Ch/s. Hence, keep back.
LO at 5.00 pm,
None present.
matter adjd to 17.12.2021 for order on draft chamber summons/hrg. on NM 1133/2020 and 4411/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv.Sonali Sigum i/b.A.G.Revankar for plaintiff present.
Adv.S.S. Waghmare for defendant No.7 present.
The plaintiff tendered registered chamber summons No.1567/21 a/w. affidavit in support.
Matter adjd to 20.01.2022 for service affidavit in ch/s., say on ch/s., hearing on NM No.1133/20, NM No.4411/19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv.A.G.Revankar for plaintiff present.
Adv.Waghmare for defendant No.7 present.
None present for the rest of the defendants.
The Ld.Adv.for the plaintiff submits that the defendant No.7 is proceeding at the instance of defendant No.1 and 2 with respect to the suit property and there is urgency to pass interim order in NM No.4411/2019. Heard the plaintiff. Heard the Ld.Adv.for deft.No.7. The Adv. for deft. No.7 wants to take some instructions from defendant No.7 regarding recent development in the issue.
Matter adjd to 24.01.2022 for further submissions.
Next Purpose: HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. A. G. Revankar present for plaintiff.
Defendant No.1 Netaji Omase in person present.
Adv. Mr. Tukaram Shinde for defendants No.1 to 3, 5 and 6 present.
Adv. Mr. S. S. Waghmare for the defendant No.7 present.
Advocate for the plaintiff filed additional affidavit of service. t.o.r and marked as Exh.7. Copy is served on other side.
The plaintiff filed reply it is marked as Exh.8 in NM No.1133/2020. t.o.r. Copy is served on other side
Heard the plaintiff on the point of urgency for interim relief in NM No.4411/2019. Heard the advocate of defendant No.7. He submits that the defendant No.7 is not intending to create any third party interest. Submission is taken on record.
The plaintiff has received copy of written statement filed by defendant No.7.
Matter adjd to 17/03/2022 for hearing on NM No.4411/2019 and NM No.1133/2020.
Next Purpose: HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Mr. A. G. Revankar present for plaintiff.
None present for defendant.
On oral request of ld. advocate for the plaintiff, matter adjd to 13.04.2022 for hearing.
L.O. at 11.44 a.m.
Adv. Mr. S. S. Waghmare for the defendant No.7 present.
Adv. Mr. Tukaram Shendge for the defendant Nos.1 to 3, 4 and 6 present.
Adv. Mr. Tukaram Shendge and his client signed mediation form.
Matter already adjd to 13.04.2022 for hearing in NM/mediation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv.A.G.Revankar for plaintiff present.
None present for defendant.
Matter adjd to 16.06.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: None present for plaintiff.
Deft No.1 is present.
Adv S.S.Waghmare present for defendant No.7.
Mediation not received.
Matter adjd to 19.07.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: None present.
KB. LO 2.45.
Adv. A. G. Revankar Present for Plff.
None Present for Deft.
Ex.09- Mediation failure report received.
Adj. For Hearing on CS 1567/21 and NM 4411/19, 1133/20 on 12/08/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Rajesh Revankar I/b A. G. Revnkar and Co. Present for Plff.
None Present for Deft no.1 to 3,5,6.
Adv. S. S. Waghmare Present for Deft no.7.
Adv of deft no. 1 to 3, 5 and 6 has filed say on overleaf of CS on 02/02/2022.
Today Adv of deft no.7 has filed say overleaf of CS.
Heard adv of plff and Deft no.7 on CS 1567/21.
F.R.S.R. following order passed on CS 1567/21.
1. Chamber Summons No.1567 of 2021 is allowed.
2. Plaintiffs are allowed to bring on record the legal representatives of deceased defendant No.4 mentioned in para No.1 supra.
3. Plaintiffs shall carry out amendment in plaint next date.
Adj. For Amendment and Hearing of NM 4411/19, NM 1133/20 on 08/09/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: By Praecipe
Adv. Rajesh Revankar Present for Plff.
Adv. Tukaram Shinde Present for Deft no,1,2,3,5,6.
Ex. 10- Application for taking matter on today\''s board. - Allowed.
Ex.11,12. Adv of plff has filed service affidavit in respect of NM 4411/19. - It shows that adv of deft no. 1 to 6 served with NM by email and deft no.7 served through his advocate.
Ex.13- adv of plff filed further affidavit in support of NM 4411/19.
adv of deft no. 1,2,3,5,6 contended that he received copy of further affidavit in support of NM on 19/08/2022 in the evening.
Adv of deft seeks time to file reply to NM 4411/19.
Heard argument adv of both parties on NM 4411/19.
F.R.S.R. following order passed on NM 4411/19
Prayer of plaintiff to grant interim status quo stands rejected. Defendants shall file reply on “further affidavit in support of Notice of Motion No.4411 of 2019” till next date.
Case adjourned for compliance of order dtd.12/08/2022 passed below CS No.1567/2021, reply of defendant on Exh.13, hearing on Notice of Motion No.1133 of 2020 to 08/09/2022.
Next Purpose: REPLY
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Sonali Sigom Present for Plffs
Plff no.2 in person present.
Deft no.1 in person present.
Adv. S. S. Waghmare Present for Deft no.7.
Ex.14. - Adv of deft no.7 filed reply to NM 4411/19. Copy served upon plff no.2 and deft no.1 inperson
Adv of Plff no.2 filed draft CS along with affidavit for amendment in plaint. Leave granted to register CS. Copy served upon deft no.1 inperson and adv of deft no.7.
adv of plffs seeks time for service affidavit in respect of Deft no. 4(a) to 4(d).
Adj. For Service affidavit in respect of deft no.4(a to d), and hearing on NM 4411/19, NM 1133/20 and CS returnable on 29/09/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Sonali Sigom Present for Plff.
Deft no.1 present.
Adv. S. H. Waghmare Present for Deft no.7.
Adv of Plff has not tendered registered CS 1454/22 and seeks time for the same.
Adj. For Service affidavit in respect of deft no 4 ( a to d) and hearing on NM 4411/19, NM 1133/20 and returnable CS 1454/22 on 05/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. A. G. Revankar Present for Plff.
Adv. S. S. Waghmare Present for Deft no.7.
Deft no.1 in person present.
Adv of plff tendered registered CS 1454/22 along with affidavit.
Ex.15 - Adv of plff has filed service affidavit along with postal tracking report in respect of CS. It shows that CS served upon proposed defts by RPAD on 15/9/2022, 28/09/2022, 16/09/2022 and 28/09/2022 respectively. However they did not appear. Hence CS is proceeded Ex-parte against them.
Heard argument of adv of plff and Deft no.7 on CS 1454/22.
Adj. For Order on CS 1454/22 and Hearing NM 4411/19, NM 1133/20 on 16/11/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Rajesh Revankar I/b A. G. Revankar and Co. Present for Plff.
Adv. S. S. Waghmare Present for Deft no.7.
F.R.S.R. following order passed on CS 1454/22.
1. Chamber Summons No.1454/2022 is allowed.
2. The delay for bringing LRs of deceased deft.no.4 in Notice of Motion No.4411/2019 & 1133/2020 is condoned.
3. Plaintiffs are allowed to bring on record the legal representatives of deceased defendant No.4 in Notice of Motion No.4411/2019 & 1133/2020 and consequential amendment as prayed
4. Plaintiffs shall carry out amendment in Notice of Motion No.4411/2019 & 1133/2020 till next date.
Adj. For Compliance of Order of CS 1454/22 and Hearing on NM 4411/19 and NM 1133/20 on 29/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. S. G. Revankar for plaintiff present.
Adv. S.S. Waghmare for defendant No.7 present.
Defendant No.1 present.
On 22.11.2022 advocate of plaintiff has carried out amendment as per order dtd.16.11.2022.
Defendant No.1 contended that name of defendant No.4b is wrongly mentioned by plaintiff as Tanaji Netaji Omase instead of Tanaji Naroba Omase.
Advocate of plaintiff contended that he will take necessary steps for the amendment in the said name.
Defendant No.1 seeks adjournment as his advocate is not available.
Exh.16 advocate of plaintiff filed application for correction in the name of defendant No.4b. Order passed. Other side to say.
Issue summons to the defendant No.4a to 4d.
Case adjourned for service affidavit, say on Exh.16 and hearing on NM 4411/19, NM 1133/20 to 6.1.2023.
Judge
LO at 12.15 p.m.
Adv. S. G. Revankar for plaintiff present.
Adv. S. S. Bedekar filed vakalatnma on behalf of defendant Nos.4a, 4c and 4d.
Advocate of defendant Nos.4a, 4c and 4d. has given no objection on overleaf of application Exh.16.
In his application plaintiff prayed for correction in the name of defendant No.4b. i.e. Tanaji Netaji Omase instead of Tanaji Naroba Omase. It seems that it is typographical mistake and hence, it is desirable to allow to correct the name of defendant No.4b.
Plaintiff carried out amendment.
Copy of amended plaint be served on defendants.
Case adjourned for service affidavit and hearing on NM 4411/19, NM 1133/20 to 6.1.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Sonali Sigom I/b A. G. Revankar and Co. Present for Plff.
Adv. S. S. Bedekar Present for Deft no. 4(a,c,d).
Adv. Rajbar h/f Adv. Waghmare Present for Deft no.7.
adv of deft no.4(a,c,d) he has not received copy of NM 4411/19.
Adv of plff stated that today she will supplied copy of NM 4411/19 to adv of deft no. 4(a,c,d).
Adj. For Copy of amendment plaint, reply on NM 4411/19 by deft no.4(a,c,d) and hearing on NM 1133/20 on 02/02/2023.
Next Purpose: REPLY
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. Sonali Sigumi I/b Adv. Revankar Present for Plff.
Deft no.1 present.
None Present for Deft no. 2,3,5,6.
Adv. S. S. Bedekar Present for Deft no. 4(a,c,d).
Adv. S. S. Waghmare Present for Deft no.7.
adv of deft no. 4(a,c,d) seeks time for filing reply on NM 4411/19 on the ground that plff has not supplied copy of plaint along with annexure. Adv of plff undertake to serve copy of plaint and annexure.
Adj. For Reply on NM 4411/19 by deft no. 4(a,c,d) and hearing on NM 1133/20 on 28/02/2023.
Next Purpose: REPLY
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. Sonali Sigoni i/b A.G. Revankar and Co. for plaintiff is present.
Adv. Tukaram Shendge for defendants no. 1 to 3, 5 and 6 present.
Adv. Bedekar for defendants no. 4(a),4(c) and 4(d) present.
Adv. S.S. Waghmare for defendant no.7 present.
Exh.17 Adv.of defendants no. 4(a),(c) and (d) has filed reply to NM No. 4411/19. Copy served to other side.
Case adjd for hearing on NM No. 1133/2020 to 28.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Revankar Present for Plff.
Adv. Tukaram Shendge Present for Deft no.1,2,3,5,6.
Adv. S. S. Bedekar Present for Deft no. 4 (a,c,d).
Adv. S. S. Waghmare Present for Deft no.7.
Exh.18- adv of plff has filed service affidavit in respect of deft no. 4(b) along with RPAd envelop. It shows it returned with postal remark refused. Thus deft no.4(b) deemed served with suit summons. None appeared on behalf of deft no. 4(b). Hence suit be proceeded ex-parte against deft no.4(b).
Exh.19. - Adv of deft no.1,2,3,5,6 filed application for adjournment on the ground that deft want to carry out amendment in it NM. Adv of plff has given say on overleaf application Exh.19 and strongly opposed to grant adjournment. There is no sufficient and reasonable ground to grant adjournment. Hence application is rejected.
Heard argument adv of plff, Deft no. 1,2,3,4(a,c,d),5,6,7 on NM 1133/20.
Adj. For Order on NM 1133/20 and Hearing on NM 4411/19 on 18/04/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Shri. AG. Revankar for plaintiff present.
Adv.Shri.Tukaram Shendge for defendant Nos.1 to 3, 5 and 6 present.
None present for defendant Nos.4a, 4c, 4d.
Defendant No.4b – ex-parte.
Adv. Shri. S. S. Waghmare for defendant No.7 present.
Defendant Nos.1 and 2 present.
KB for order on NM
FRSR following order passed.
ORDER
Notice of Motion No.1133 of 2020 is rejected
------------------
Case adjourned for hearing on NM 4411/19 to 21/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Adv.Nidhi Revankar h/f A.G Revankar and Co. for plaintiff
is present.
Adv. S.S.Redekar for defendant nos. 1 to 3, 5 and 6 is
present.
Exh.20- Adv. S.S.Redekar filed Vakalatnama for defendant
nos. 1 to 3, 5 and 6.
None present for defendant No.4(a), (c) and (d).
Ex-parte order already passed against defendant No.4(d).
Matter is adj for NM 4411-2019 hearing to
23/08/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Mr. Revankar for plaintiff is present.
Adv. Mr. S. S. Redekar for def Nos. 1 to 3, 5 and 6 present and filed affidavit in reply to NM No. 4411/19. T.O.R. Copy is served on other side.
Adv. Mr. S. S. Waghmare for deft no. 7 present.
None for deft no. 4(a) to 4(d) when called.
Matter is adj for NM hearing to 06/10/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Revenakar present for plaintiff, filed rejoinder to NM No.4411/19 TOR.
Copy served to the sides.
Adv. Redekar present for Defendant No. 1,2,3,5 AND 6.
Adv. S.S. Bedekar present for defendant No.4A,4C and 4D.
Adv. S.S.Waghmare present for Defendant No.7.
Exh21- Application on behalf of plaintiff for dispensing with the service of writ of summons.
O-Ld. Adv. for defendant No.1 and 2 to give say on Exh.21.
Hand written say given by Ld. Adv. defendant No.1 and 2.
Heard. The Ld. Adv. of Plaintiff submitted that the defendant No.1 and 2 were already presented by another Advocate and on 19-07-2023 Ld. Adv. Mr. Redekar filed his VP Exh.20 for them and the defendant No.3,5 and 6. Therefore, the limitation for filing the written statement may kindly be counted from today.
Ld. Adv. Mr. Redekar submitted that till today the writ of summons is not served upon the Defendant No.1 and 2. Therefore, the limitation period for filing written statement has not begun to run.
O- Keep the matter order on Exh.21.
Matter adjourned for Order on Exh.21 on 02-11-2023.
Next Purpose: ORDER
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: Plaintiff no. 1 is present.
Adv. Nidhi Revankar h/f Adv. A. G. Revankar for plaintiff is present.
Adv. S. S. Waghmare for deft.no.7 is present.
Defendant no.2 present.
KB. L. O at 03.40 p.m.
Adv. for Redekar for def. nos. 1,2,3, 5 and 6 is present and submitted that he has to submit case law before passing of order on Exh. 21. O- Keep the matter for citations on next date.
Matter is adj. for citations to 21/11/2023.
Next Purpose: CIATATION
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: CIATATION
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Plaintiff No.2 is present.
Adv. S.S. Redekar for defendant Nos.1 to 3, 5 and 6 is present.
Adv. S.S. Waghmare for defendant No.7 is present.
Ld. Advocate of defendant Nos.1 to 3, 5 and 6 submitted case law. Taken on record.
Copy served to other side.
Matter is adj. for hearing on Exh.21 to 04.01.2024.
Next Purpose: HEARING
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: None present.
KB
Later on at 11.45 a.m.
Plaintiff No. 3 is present and his advocate is absent.
Adv. S.S. Waghmare for def. no.7 is present.
Defendant no. 1 is present and his advocate is absent.
Matter is adj. for hearing on Exh.21 to 03/02/2024.
Next Purpose: HEARING
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Adv. Nidhi Revankar h/f Adv. A.G. Revankar for plaintiff is present.
Adv. Redekar for def.nos. 1 to 3, 5 and 6 is present.
Heard the ld. Adv of plaintiff and ld. Adv of def. nos. 1 to 3, 5 and 6 on Exh. 21.
Matter is adj. for order on Exh. 21 to 20/02/2024.
Later on at 01.00 p.m.
Adv. S.S. Waghmare for defendant no. 7 is present.
None for plaintiff and defendant nos. 1 to 3, 5 and 6.
Next Purpose: ORDER
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Sumedh Thombare for plaintiff is present.
Adv. S.S. Waghmare for deft. no. 7 is present.
Keep back for order
LO at 12.55 pm.
Adv. Sumedh Thombare is present and submitted that inadvertently he appeared for plaintiff in the morning session. In fact he is appearing for the plaintiff in the matter at the Sr. No. 8 on todays board.
O-None appears for the plaintiff in the present matter. The Ld adv of deft no. 7 to take note.
Following order is passed below Exh-21-
For the reason separately recorded.
Operative part of order.
1.The application at Exh-21 is hereby rejected.
2.The plaintiff is directed to take steps for service of writ of summons upon the defendant Nos.1 and 2.
3.The application at Exh-21 is disposed off accordingly.
Matter is adj. for taking steps by plaintiff to 16.03.2024
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: By Precipice
Adv. Nidhi Rewankar h/f Adv. A.G. Rewankar for plaintiff is present and filed application for taking matter on today\''s board. O-Allowed. Taken on record. Marked as Exh. 22
Exh. 23- Application for issuance of fresh writ of summons against defendant nos. 1 and 2. O- Issue fresh writ of summons against defendant nos. 1 and 2. Exh. 23 is hereby disposed off.
Matter is already adj. to 16/03/2024
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Coram: H.H.J. SHRI. V .D. KEDAR JUDGE, (C.R.No 14)
Matter pertains to C.R.No. 32.
Adv. Nidhi Revankar h/f A. G. Revankar for plaintiff is present.
Exh-24 She filed application for extension of time to server writ of summons. O- Granted.
Matter is adj. for Service affidavit to 22.04.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: None present for plaintiff.
Adv. S.S. Waghmare for def. no.7 is present.
Matter is adj. for service affidavit to 21/06/2024.
Later on at 11.40 a.m.
Adv. Revankar for plaintiff is present.
None present for defendant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Plaintiff is present.
Adv. Revankar for plaintiff is present.
Adv. S.S. Waghmare for defendant no.7 is present.
Defendant no. 1 is present.
The ld.adv of defendant nos. 1 and 2 absent.
Exh. 25- Pursis on behalf of defendant nos. 1 and 2.
Matter is adj. for NM hearing to 23/07/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: Plaintiff is present.
The appearance of Ld. advocate for plaintiff is not taken on record as she is not in proper dress code prescribed for advocates.
Adv. S. S.Waghmare for def. no. 7 is present.
Defendant no. 1 is present.
Ld. adv of plaintiff seeks time for hearing on NM. O- Time granted as last chance to the plaintiff.
Matter is adj. for NM hearing to 17/08/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Advocate Rajesh Revankar present for plaintiff.
None present for defendant.
Plaintiff is pressing for arguments on Notice of Motion No. 4411/ 2019.
Defendant and plaintiff to file brief notes on arguments by next date.
Adjourned for filing notes on arguments on 11.12.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Advocate Rajesh Revankar present for plaintiff.
Plaintiff no. 2 Santosh Magdum is present.
Advocate S.S. Waghmare present for defendant no. 7.
Defendant no. 1 Netaji Omase person present.
Exh. 26- Written arguments filed by plaintiff in Notice of Motion No. 104411 / 2019.
Defendants are seeking oral adjournment.
Matter is adjourned for NM hearing to 01.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Plaintiff no. 2 is present.
Adv. Rajesh Revankar for plaintiff no.2 is present.
Defendant no.1 is present and his wife defendant no. 2 is absent. Their advocates are absent.
Defendant nos. 3 to 6 are absent.
Ld. adv for defendant no. 1 and det. nos. 4 a to 4 d Shri. S. S. Bedekar is absent.
Adv. S. S. Waghmare for def. no.7 is present.
Heard ld. Adv of plaintiff no. 2 and defendant no 7 on NM No. 4411/2019.
Matter is referred to mediation being dispute pertains to Partnership Firm.
Later on at 01.05 p.m.
Adv. S. S. Waghmare for def. no.7 is present.
Defendant no.1 is present
Adv. Shailesh Redekar for defendant nos. 1 to 3, 5 and 6 is present.
Heard ld. Adv of defendant nos. 1 and 4a and 4b on NM No. 4411 of 2019.
NM order is partly dictated.
Plaintiff and his ld. advocate are directed to remain present on next date.
Later on at 03.00 p.m.
Plaintiff no. 2 is present.
Adv. Rajesh Revankar for plaintiff no.2 is present and Court appriesed him that Court has partly dictated the order however, Court noticed to two different firms having different numbers therefore adjourned for hearing on the said point.
Matter is adj. for further NM hearing and further order to 03.02.2025.(urgent case)
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: Parties are absent.
Adv. Rajesh Revankar for plaintiff is present and tendered affidavit of re-joinder and draft Ch/s.
O- Leave is granted to register the same.
Defendant present and his advocate absent.
LO at 1.00 p.m.
Adv. S. S. Waghmare for def no.7 is present.
Matter is adj. for Ch/s to 01-04-2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: Parties are absent.
Adv. Nidhi Revenkar present for plaintiff and tendered registered Ch/S No.697/2025 along with affidavit in support.
Adv. S. S. Waghmare present for defendant no.7.
Adv. Mohini Thorat present through V.C. for defendant nos. 1 to 3, 5 and 6.
Exh.27 – Affidavit in support of rejoinder filed by ld. Adv of plaintiff was tendered on dt. 03.02.2025 but exhibited today.
Exh.28– Mediation report received on 21.03.2025 and exhibited today.
Copy supplied to the defendant.
Later on at 01.55 p.m.
Adv. Revenkar present for plaintiff.
Adv. Mohini Thorat i/b Redekar present through V.C. for defendant nos. 1 to 3, 5 and 6.
Matter is adj. for Ch/S reply to 05.04.2025 at 02.45 p.m.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: Parties are present.
Adv. Rajesh Revankar present for plaintiff.
Adv. S.S. Redekar present for defendant.
Exh.29 - Reply to Ch/S No.697 of 2025 filed by ld. Adv of defendant. O-Read and Record.
Both the parties who are present before the court a/w their advocates are directed to find amicably solution.
Matter is adj. for settlement to 21.06.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: Plaintiff nos. 1 and 2 are present.
Adv. Revankar present for plaintiff.
Adv. S.S. Waghmare present for defendant no.7 and gave handwritten reply on NM No. 697/2025.
Adv. Redekar present for defendant nos and 1 to 3 and 5,6.
50% offer is given by the plaintiff hence matter kept for acceptance or denial.
Matter is adj. for settlement to 19.07.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: P.O. is on leave hence adj. to
Next Purpose: SETTLEMENT
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: Plaintiff is present.
Adv. Revankar present for plaintiff.
Adv. Waghmare present for defendant no. 7 and filed reply to Ch/S No. 697/2025.
Matter is adj. for settlement to 03.09.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Plaintiff no.1 is present.
Adv. Rajesh A. Revankar present for plaintiff.
Adv. Amit Vashikar present for defendant no. 7 and submitted his reply be treated as his argument in Ch/S.
Defendant no. 1 is present.
Adv. Redekar present for defendant nos. 1,2,3,5 and 6.
Heard both sides in Ch/S.
Following order is passed in Ch/S No. 697 of 2025.
For the reason separately recorded.
Operative part of order.
1. Chamber Summons No. 697 of 2025 is allowed subject to costs of Rs.25,000/- to be paid to the defendant Nos. 1, 2, 3, 5 and 6 jointly in equal proportion i.e. Rs.5,000/- each.
2. The necessary amendment be carried out within Four Weeks from the date of passing of this Order.
. The ld. Advocate Shri. S. S. Redekar made a statement that amount of cost is given to Defendant No.1 alone on behalf of the others defendants his statement is accepted accordingly. Ld.Advocate Rajesh Rewankar shall pay the cost to the defendant No.1 within Four weeks from the date of passing of this Order.
Matter is adj. for compliance to 17.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Parties are absent.
Adv. Devdatta Chalke i/b A.G. Revankar and Co. present for plaintiff and informed that complied is made and tendered copy of amended plaint. Marked as Exh.1/1
Adv. Amit Vashikar present for defendant no. 7.
Matter is adj. for additional Written statement if any to 26.11.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Parties are absent.
Adv. Devdatta Chalke present for plaintiff.
Adv. S.S. Waghmare present for defendant nos. 2 and 7.
Court is busy in recording evidence in Commercial suit No. 595/2024 (High Court transferred Suit bearing No.04/2010 having age of 15 yrs old), Commercial Suit No. 604/2024 (High Court transferred Suit bearing No.03/2012 having age of 13 yrs old.) and passing further Judgment dictation in Commercial Suit No. 638/2024( High Court transferred Suit bearing No.16/1996 having age of 29 yrs old.). Hence, due to paucity of time matter is adjourned.
Matter is adj. for written statement to 12.02.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: Parties are absent.
Adv. Revankar present for plaintiff and filed joint affidavit of service TOR. Marked as Exh. 30.
Defendant is present. His advocate is absent.
Matter is adj. for written statement to 04.04.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: Parties are absent.
Adv. Revankar present for plaintiff.
Adv. Redekar present for defendant nos. 1,2,3,5 and 6 and tendered draft NM along with affidavit in support. O.-Leave granted to register it. Copy be served to the other side.
Adv. Cynthia Pereria present for defendant no.7 and filed pursis stating filed V.P. on next date. TOR. Marked as Exh. 31.
Matter is adj. for NM returnable to 30.06.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-06-2026
Date: 30-06-2026
Business: Defendant no. 1 is present in person and directed to file the register NM No. 1937/2026 without fail.
Adv. Revankar present for plaintiff and filed reply to NM No. 1937/2026. TOR.
Adv. Cynthia Pereira present for defendant no.7 and filed V.P. TOR. Marked as Exh.32 without NOC of earlier advocate. She undertakes to file NOC on next date. She also tendered pursis regarding does not want to lead their evidence for defendant no. 7. Marked as Exh. 33. O-Filed.
Registered NM No. 1937/2026 is not tendered by defendant.
Matter is adj. for NM returnable (NM No. 1937/2026)/NM hearing (4411/2019)to 18.07.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: Plaintiff nos. 1 and 2 are present.
Adv. Rajesh Revankar present for plaintiff.
Adv. Redekar present for defendant no. 1 to 3, 5 and 6 and tendered registered NM No. 1937/2026.
Adv. Cynthia Pereira present for defendant no.7 and filed NOC of previous advocate. TOR.
Heard both sides on 1937/2026.
Matter is adj. for NM order to 10.08.2026
Next Purpose: NM ORDERS
Next Hearing Date: 10-08-2026
Date: 10-08-2026
Business: Parties are absent.
Adv. Rajesh Revadkar present for plaintiff through VC.
Adv. Cynthia Pereira present for defendant No.7.
For reason separately recorded following order is passed in NM No.1937/2026
ORDER
1. Notice of motion No.1937 of 2026 is dismissed.
2. Notice of motion No.1937 of 2026 is disposed of accordingly.
3. Proceeding is closed.
Matter is adj. for NM hearing No.4411/19 to 23/09/2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2026Additional Case Details
Additional Case Details
Filing Number: 111955/2019 Filing Date: 05-11-2019 First Hearing Date: 10th December 2019 Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE
Orders
2Interim Order 1Full order available
28 Feb 2024
Order 1Full order available
28 Feb 2024
Order Details: Order below exhibit Pdf Text: 1 OBE 21 in Comm. Suit 5302021 MHCC010112572019 IN THE CITY CIVIL COURT AT MAZGAON MUMBAI. (Court Room No.32) ORDER BELOW EXH.21 IN COMMERCIAL SUIT No.530 OF 2021 Suman Shantinath Magdum & Ors. …PLAINTIFFS VERSUS Netaji Narobe Omase & Ors. …DEFENDANTS Shri.Revankar, learned advocate for plaintiff Shri.Redekar, learned advocate for defendant Nos.1,2,3,5 and 6. CORAM : H.H. J. SHRI VISHAL SADASHIVRAO GAIKE, COURT ROOM NO.32 O R D E R (Delivered on 28/02/2024)…
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