Velji Bhuralal SatraVsJayesh Premji Gala

Date: 08-10-2018
Business: Adv. Ms. Bindu Gupta  for the Plaintiff present.
Affidavit of service tendered by the plff. t.o.r.
Issue fresh writ of summons through bailiff of sheriff office and speed post.
Matter is adjd. to 11.02.2018 for proof of service of writ of summons of the deft
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: Adv. Mr. P. V. Dubey for the Plaintiff present.
Adv. Ms. Swati Raul I/b Uma Kshirsagar Wagle for Defendant present and she undertakes to file Vakalatnama on next date.
Matter is adjd. to 20.06.2019 for W.S by the deft.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: None present on behalf of the plaintiff.
Adv. Swati Raul h/f Adv. Uma Wagle for defendant present.
Adv. for defendant tendered registered NM No. 1680/19 along with service affidavit of service of NM.
Adjourned for NM reply to  23.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Advocate for plaintiff present and filed say on NM.
None present for defendant.
Adjourned for NM hearing to 01.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: None present for plaintiff.
Adv. Swati Raul for defendant present.
Heard argument of Ld. counsel for defendant on NM no. 1680/2019
Order below Notice of Motion No.1680/19
None present for the plaintiff.   Heard Ld. counsel for defendant. The Ld. counsel for the defendant submitted that on 03.12.2018 the defendant received the writ of summons along with incomplete and illegible  copy of the plaint.  This fact was brought to the notice of the plaintiff through a letter dated 13.12.2018.   The letter was received by the plaintiff.   Despite the request made, the plaintiff did not comply the demand.  On 11.2.2019, after long time, plaintiff supplied the copy of the plaint.  But the plaintiff though his letter dated 01.02.2019 has denied having served incomplete copy.  The defendant was facing some financial difficulty and on this count the defendant prays for condoning the delay in filing written statement.
          The Notice of Motion is opposed by the plaintiff on the count that the delay was intentional and heavy cost be imposed.
             Considering the rival submission it appears that the defendant has immediately issued the notice to the counsel for the plaintiff i.e. on 13.12.2018.  The counsel for the plaintiff responded to it after the considerable period i.e. 01.02.2019.  The copy of the plaint was supplied on 11.2.2019 as per the contention of the defendant on oath.  The matter is at the initial stage.  The substantial rights of the parties are involved.  It would not be proper to adopt hyper technical and pedantic approach. The defendant has made out sufficient cause and hence Notice of Motion needs consideration.  Hence it is expedient to pass following order.
ORDER
1.  Notice of Motion No. 1680/2019 is made absolute in terms of prayer clause (a) subject to cost of Rs. 2,000 to be paid to the plaintiff within a period of four weeks from today.
2.  Payment of cost is subject precedent.
3.  On payment of cost within a stipulated time, the written statement of the defendant be taken on record.
4.  Notice of Motion is disposed of accordingly.
_________________________________________________
Adjourned for compliance to 2.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: None for plaintiff.
Adv. Ms. Swati Raul i/b. Uma Wagle for defendant present.
The defendant has complied with the order dated 01.10.2019, hence the written statement is taken on record.
Written statement.
O. - Read and recorded.
The matter is adjd for issues to 29.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: None present.
The matter is adjd for framing issues to 02.05.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 06.02.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Shivangi Rajak for plaintiff present.
None for deft.
The matter is adjd for framing issues to 03.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for framing issues to 13.07.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 08.09.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None present for plff.
Adv.Swati Raul h/f Adv. Umakshirsagar Wagle for deft is present.
On oral request matter adjourned for draft issues.
Matter adjd for draft issues on 17.12.2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programm, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv. Shivangi Rajat for pltff present.
Adv. Swati Raut for deft present.
On oral request of both the ld advocates, Matter is adjd to 04/07/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Shivangi for plaintiff is present.
Adv. Jitesh Jadhav on behalf of Adv. Uma Wagle for defendant is present.
On oral request of both the sides matter adjourned for draft issues.
Matter adjd to 19.08.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Shivangi Rajat for plaintiff is present and filed draft issues. T.O.R.
None present for defendant.
Matter adjd to 10.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv. Shivangi Rajat for plaintiff is present.
Adv. Swati Raul for defendant is present.
Issues are framed at Exh.8.
Matter adjd to 17.01.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Deepak Kushwa for plaintiff is present.
Adv. Swati Raut for defendant is present.
On oral request of the plaintiff matter is adjourned.
Matter adjd to 20.03.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Bindu Gupta for plaintiff is present.
Adv. Swati Jadhav h/f Adv. Uma Shirsagar for defendant is present.
On oral request of Ld. Adv. for plaintiff, matter is adjourned.
Matter adjd to 09.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: By praecipe
Adv. Dubey for applicants i.e. legal representative of deceased sole plaintiff is present and filed Vakalatnama. TOR. Exh. 9. O- Seen.
He tendered draft chamber summons a/w affidavit in support.
O-Leave granted to register draft chamber summons.
He is directed to supply copy to the defendants.
Matter already adjd to 13.10.2023 for reply on chamber summons .
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Advocate Mr. Dubey for plaintiff is present and tendered registered C/S 1708/2023.
Advocate Mr. Jitesh Jadhav h.f. Advocate Uma Kshirsagar Wagle for defendant is present.
On oral request of advocate for defendant, matter is adjourned for Chamber summons reply.
Matter adjd to 15.12.2023 for Chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: P.O is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Adv. Shashikant Dubey for plaintiff present.
None for defendant.
Due to formation of new court and change of assignment last chance granted for NM hearing/further order.
Matter adjourned for C/s reply to 21-03-2024.
Next Purpose: C/S REPLY
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Bindu Gupta for plaintiff present.
None for defendant.
Matter adjourned for  CS reply  to 07-05-2024.
Next Purpose: C/S REPLY
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Princekumar V. Dubey for  plaintiff present
Adv. Simran Wagle i/b Adv. Uma Kshirsagar Wagale for defendant present and given say overleaf on CS No.1708/23.
Heard both advocate on CS No.1708/23.
Order below in Chamber Summons No.1708 of 2023.
Order
       Heard both.  In view of no objection by the defendant this chamber summons is allowed.  Plaintiff to carry out amendment as prayed on bringing heirs on record on or before next date.  Chamber Summons is disposed of.
Matter adjourned for  compliance  to 14-06-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv. Swati Abhishek Jadhav for defendant present.
Plaintiff is directed to serve amendment copy to the defendant.
Matter adjourned for compliance /further order to 21-08-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. P. V. Dubey for plaintiff is present. He seeks time to serve copy of amended plaint on other side and also to submit amended plaint to the Court.
None for defendant.
Matter adjourned for compliance to 09-10-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for compliance to 29-11-2024.
LO at 12.37 pm.
Adv. P. V. Dubey for plaintiffs is present and tendered amended copy of plaint. TOR and marked as Exh.1-A. O- R and R. Copy be served upon defendant.
Matter adjourned for filing affidavit of evidence and documents by plaintiff to 29-11-2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: None for plaintiff.
Adv. Padmavati Vaishya for defendant is present.
Matter adjourned for filing affidavit of evidence and documents by plaintiff to 07.02.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: Adv. Bindu Gupta h/f Adv. P. V. Dubey for plaintiff is present. She seeks time.
None for defendants.
Matter adjourned for filing affidavit of evidence and documents to 04.04.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: court is on leave
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: Adv. Akash Shukla for plaintiff is present. Plaintiff sought time. Already around 8 months has passed but affidavit of evidence not filed. Hence no further time can be given, suit be kept for dismissal.
None for defendant.
Matter adjourned for dismissal to 03.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2025

Date: 03-09-2025

Date: 19-11-2025
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Court is on leave, hence matter adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Akash Shukla h/f Adv. Dube for plaintiff is present and filed adjournment application. TOR. Marked as Exh-11. O- Adjournment is granted as a last chance.
None for defendant.
Matter adjourned for dismissal order to 06.05.2026.
                                                                                 Judge
Next Purpose: DISMISSAL
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
K.B.
Later on at 11.47 a.m.
Plaintiff No.1(c) is present.
Adv. Jigna Modi i/b Adv. Uma Wagle for defendant is present.
K.B.
Later on at 05.14 p.m.
PW-01 a/w Adv. Bindu Gupta i/b Adv. P. V. Dubey for plaintiff is present. She has tendered affidavit of evidence and compilation of documents. TOR. Marked as Exh-12 and 13. O- Other side to say. Copy be served upon other side.
Matter adjourned for filing say on Exh-13 to 13.08.2026.
                                                                                  Judge
Next Purpose: FILING SAY
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. P. V. Dubey for plaintiff is present and seeks time to file service affidavit.
None for defendant.
Matter adjourned for filing say on Exh-13 to 22.09.2026.
                                                                                 Judge
Next Purpose: FILING SAY
Next Hearing Date: 22-09-2026

CHAMBER SUMMONS/101708/2023
NOTICE OF MOTION/101680/2019

Registration Number: 102489/2018
Transfer Date: 01-01-2024
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 102489/2018
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Registration Number: 102489/2018
Transfer Date: 03-01-2024
From Court: 81 - COURT 81 ADDL. SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 112209/2018
Filing Date: 04-09-2018
First Hearing Date: 08th October 2018
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE