Date: 02-12-2019
Business: None present for Plaintiff.
None present for Defendant.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 25.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Advocate N. D. Jayvant for Plaintiff present and filed registered Notice of Motion no.277/2020 with affidavit in support, t.o.r. He also filed original writ of summons which shows that summons is served upon Defendant nos.1 and 2 on 05/02/2020.
Advocate Rajdeep Ghule h/f adv. Pandey for Defendant no.1 and 2 present and filed vakalatnama, t.o.r. and sought time to file NM reply. Considering submissions adjourned.
Case is adjourned to 07/03/2020 for NM reply and Written Statement.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Advocate Mr. N. D. Jayvant for Plaintiff present
Advocate Mr. Rakesh Pathak @ Defendant no.1 and 2 present and served copy of Written Statement and NM reply upon advocate for Plaintiff.
Case is adjourned to 02/04/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 08/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for Plaintiff/s.
None present for Defendant/s.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for Notice of Motion hearing to 24.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: By preceipe.
Adv Mr. M.R. Yadav h/f Adv Mr. Jaywant for plff present and requested to prepone the date for NM hearing by submitting that plff is presently aged 89 years and plff is coming to Mumbai in next few days for treatment purposes.
Deft Niranjan Joshi is present in person and filed copy of his AADHAR card as his ID proof.
He has submitted that his advocate is unable to attend the Court today but he has no objection to prepone the date.
By consent, date given earlier as 24.03.2021 is preponed to 05.03.2021 at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv Mr. N.D. Jaywant for plff present.
Deft No.1 present in person.
K.B.
L.O.
Adv Mr. N.D. Jaywant for plff present.
Deft No.1 with his Adv Mr. Rakesh Pathak.
Arguments of both the sides heard in N.M. No.277/2020.
Advocate for the plff seeks time to file case laws in support his argument.
By consent, matter is adjd. for further argument in NM to 11.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv Mr. Jaywant for plff present.
Adv Mr. Rakesh Pathak for deft Nos.1 and 2 present.
Deft no.2 is present in person.
Arguments of both the sides heard.
Matter is adjd. for order on 19.03.2021.
Next Purpose: ORDER
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None present for plff.
Adv Mr. Pathak for defts present
Stenographer is on leave. Alternate stenographer not provided by the office hence, it is not possible to pass order today.
Matter is adjd. for order to 31.03.2021.
Judge
Next Purpose: ORDER
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. M.R. Yadav h/f. Advocate Jaywant for the plaintiff present.
Adv. Pathak for defendants present.
FRSR following order is passed in NM No.277 of 2020.
ORDER
Notice of Motion No.277 of 2020 is made absolute in terms of its prayer clauses (a) and (b).
-------------
Advocate for defendants filed application Exh.4 for seeking stay the effect, implementation and operation of the order dated 31.03.2021 passed earlier today in NM No.277 of 2020.
Advocate for the plaintiff endorsed his reply on the application itself. Heard. Learned advocate for the plaintiff though vehemently opposed the prayer of grant of stay, considering the present Pandemic Condition and statement made at the bar on behalf of the defendants that defendants do not have any other place than the suit premises to reside so also, considering the nature of relief of mandatory injunction granted in favour of the plaintiff, this court is of the opinion that it is necessary to grant time of four weeks to the defendants to challenge the order of this court before the Hon’ble High Court hence, application Exh.4 is allowed.
Effect and operation of the order dated 31.03.2021 passed in NM No.277 of 2020 is hereby stayed for four weeks from the date of uploading of the said order in CIS.
-------------
Matter adjourned for draft issues to 15.06.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Adv. Tanay Mandur for plaintiff present and gave oral undertaking that he will file VP on behalf of the plaintiff on the next date. His oral undertaking is accepted.
None present for defendant.
On request of advocate appearing for the plaintiff today, matter adjourned for draft issues to 23.07.2021.
Judge
LO
Rakesh Pathak present for the defendant and seeks time for filing draft issues.
Already adjourned to 23.07.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Mr. Tanay Mandot appeared and filed vakalatnama on behalf of plff. at Exh.4 alongwith no objection of previous advocate. He submitted that deft No.1 has expired.
None present for deft.No.2.
Matter is adjd. for steps to 22.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv Mr. Advait Sethna present for plff. and filed application Exh.5 for deleting name of deft No.1 on account of death of deft No.1.
Adv Mr. Rakesh Pathak present for deft.No.2.
Adv for deft No.2 endorsed his no objection on application Exh.5.
Statement made in the application about causing death of deft No.1 on 25.06.2021 is supported by copy of death certificate produced with the application hence, since the advocate for deft No.2 has no objection, application Exh.5 is allowed.
Necessary amendment be carried out forthwith.
Judge
K.B.
L.O.
Amendment carried out as per the order passed earlier today.
Plaintiff Gajanan Raghunath Joshi is present in person with his learned advocate Shri Advait Sethana.
Defendant No.2 is also present in person with his learned advocate Shri Rakesh Pathak.
Plaintiff and defendant No.2 have filed notarized consent terms at Exh.6.
Defendant No.2 has filed affidavit Exh.7 separately in support of the consent terms.
On enquiry, plaintiff and defendant No.2 both have admitted the contents of the consent terms to be true, correct and admissible to both of them. They admitted that para 6 of the consent terms is struck down by them by consent and they have counter signed the said striking out of para 6 of the consent terms. In the result, suit stands decreed in terms of consent terms Exh.6.
A consent decree be drawn up accordingly in terms of Exh.6.
Court fees be refunded to the plaintiff as per rules.
Proceeding is closed.
Authenticated copy of this roznama be given to the plaintiff and defendant No.2 as per rules.
Judge
L.O.
Adv for plaintiff filed amended plaint at Exh.1/A.
Suit is disposed off earlier today.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 22-02-2022
