Avinash Krishnaji DamleVsSunil Krishanaji Damle And Ors

Date: 19-11-2019
Business: Matter called out(3.31pm)
Adv.Harshali R. Gupte for plaintiff present tendered registered C/S alongwith affidavit of service.
Adv.Akshita Jain for defendant no.1 present.
Defendant seeking time to file reply. Time granted.
Matter is adj to 08/01/2020 for C/S reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Matter is called out at 2.48pm
Adv.Sanjay C. Gidh for plaintiff present.
Adv.Naina Desai for defendant no.1 and 2 present.
kept back.
Second time matter called out(3.48pm)
Adv.Sanjay C. Gidh for plaintiff present.
Adv.Naina Desai i/b Jain for defendant no.1 and 2 present filed reply on C/S No.2026/19.T.O.R
Copy serve to the other side.
Adv. for plaintiff seeking leave to amend title clause of C/S No.2026/19. Order- Permission granted plaintiff to carryout necessary amendment within 14 days from the date of order.
Matter is adj to 12/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Matter mention by both the side matter is called out at 3.00pm
Adv.Sanjay Gidh for plaintiff present.
Adv.Nayana Desai for defendant present.
Plaintiff filed application (Exh-22) seeking re-calling of order dated 02/08/2017 whereby suit was abated against defendant no.3.  But in fact defendant no.3 was expired for which C/S No.2026/19 is filed. In fact that order is of no effect and it is mistake apparent press of the record order 02/08/2017 is recalled.   Hence, Application Exh-22 disposed off.
Plaintiff is allowed to necessary amendment in respect of the LRS o def.no. 03 in plaint and C/S No.2026/19.
Matter is adj to 18/03/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None for plaintiff.
Adv. Desai  for defendants no. 1 and 2 present.
None for other defendants.
In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
Adjd to 29-04-2020 for  compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: None for plaintiff.
None for defendants.
Adjd to 20.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None for both parties.
As per roznama dt. 12.02.2020 plaintiff was allowed to carryout amendment in respect of Legal heirs of defendant No. 3 in plaint and chamber summons No. 2026/2019. The noting in roznama shows that compliance of amendment is carried out by plaintiff. Thereafter due to lockdown the suit is not proceeded the plaintiff and defendants are directed to proceed with the suit on next date.
Adjd for compliance to 01/10/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: None for plaintiff.
Adv. Naina For defendant No.1 and 2 present.
Adv. For defendant No. 1 and 2 stated that amendment is to be carried out by plaintiff in chamber summons and not in plaint.
Plaintiff to carryout necessary amendment as per order passed in roznama dt. 12.03.2020 failing which the suit will proceed further.
Adjd for taking steps to 17/11/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Plaintiff present and stated that his advocate is busy hence could not come today.
Adjd for taking steps to 20/12/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Plaintiff present.
Adv. Sanjay Gidh For plaintiff present.
Defendant absent. None for defendant.
Kb L. O at 3.50 pm
Adv. For plaintiff present.
Adv. Akshita Jain for defendant No. 1 and 2 present.
Plaintiff to serve the amended copy of plaint to defendant.
Adjd for compliance to 27/01/2022
Adv. For plaintiff stated that the plaintiff\''s cross-examination be started as he is old and part heard.
Adv. For defendant to remain present in morning session for cross-examination of witness of plaintiff. Plaintiff to remain present in morning session.
Defendant to note that incase he fails to cross examine witness on next date the suit will proceed without cross-examination.
The chamber summons will proceed simultaneously however parties to take note that for that reason the plaintiff who is very old therefore his cross-examination will be completed
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Dt.27/01/2022
Suit  3672/10
CS 2026/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None for plaintiff
Adv. Udayan Jain for deft. no 1 and 2 is present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for recording evidence/hearing of chamber summons to 16/03/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Plaintiff present.
Witness of plaintiff present.
Adv. Udayan Jain For defendant No. 1 and 2 present and seeking adjournment on ground that her senior is not available.
Adjd for chs arguments to 28/03/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: At 3.04 PM.
None for plaintiff.
Advocate Udayan Jain for defendant No-1 and 2 present.
Adjd for chamber summons hearing to 08-06-2022.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: None for plaintiff.
Adv. Udayan Jain for deft no. 1 and 2 present.
In this suit, the plaintiff and his adv. are absent for last two
dates. C/S No.  2026/19 is pending for hearing since long.
It is shown that defendant no. 2 died on 29-06-2019 in
prayer clause (a) in C/S No.  2026/19  and para 2 of
affidavit in support, but death certificate of deceased
defendant no. 3 is annexed with affidavit in support. Ld.
Counsel Udayan Jain submitted that defendant no. 2 is
alive. As the plaintiff failed to argue C/S No.  2026/19 , it is
dismissed in default.   The proceeding of C/S No.
2026/19 is closed.
Matter is adjourned to 11-01-2023 for dismissal of suit.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-12-2022

Main Case No: SUIT/0103672/2010
Main Cnr: MHCC010042272010
Main Filing No: 111447

Registration Number: 102026/2019
Transfer Date: 14-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102026/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 112177/2019
Filing Date: 13-11-2019
First Hearing Date: 19th November 2019
Decision Date: 07th December 2022
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE