Date: 20-11-2019
Business: Adv for plaintiff Mr.Pasangane present.
Adv for deft no.6 Mr.Krushnan present.
Adv for deft no.6 filed registered N/M 4284/19 along with affidavit.
Adv for plff. stated that he has received copy of N/M 84/19.
Matter is Adjd for N/M 4284/19 Reply to 16.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv for plaintiff Mr.Sandeep Gaikwad present.
Adv for deft no.6 Mr.Krishnan present.
Adv for deft no.6 requested for adjournment to file reply .
O-Granted
Matter is Adjd for N/M Reply to 03.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv for plaintiff Mr.Gaikwad present.
CA of deft no.6 present.
Adv for plff. filed reply to N/M 4284/19.
CA of deft no.6 stated that he has received copy of reply to N/M 4284/19.
Matter is Adjd for N/M Hearing to 11.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: National Lockdwon
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 25.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: As P.O is on 40hrs Online Mediation Training for the Judicial Officers scheduled to be held from 15th to 22nd March,2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 04/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: P.O is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv.Krishana Patil for plff is present.
Adv. Abhay Parab for deft no. 6 is present.
Adv. Sandip Sharma for deft no.1 to 5 is present.
Adv.for deft no.6 filed rejoinder. T.O.R.
Adv.for deft requested for copy of NM.
Order below NM No. 4284/19
Perused the notice of motion which is supported by an affidavit of defendant no.6 Shashikant Goyal. Also perused the affidavit in reply of plaintiff being executed by Jasraj Purohit. Heard Ld. Adv.for plaintiff and defendant no.6. It is submitted that the written statement of defendant no.6 is reading in all respect and can be filed on next date. Genuine reasons have been mentioned in para no.1 and 2 of the affidavit in support of the notice of motion. It is trite law that for any omission or mistake on part of the advocate, the litigant should not suffer. Otherwise also it is submitted that the husband of the applicant was suffering from acute cancer from till his death. Thus considering the nature of the suit in my opinion one opportunity needs to be granted to defendant no.6 to contest the suit on merits by filing the written statement on record. Therefore in the interest of Justice, I pass the following order.
ORDER
Notice of Motion No. 4284/19 is allowed and made absolute interms of prayer clause (a) and (b) subject to the condition that defendant no.6 shall file written statement on record on next date and shall also serve the copy of same to the plaintiff.
Order below NM No. 4272/18
Adv.for defendant no.6 has not pressed this notice of motion, therefore Notice of Motion No. 4272/18 stands disposed of as withdrawn.
Order below NM No. 4297/18
Perused the notice of motion and reply. Heard both the sides. I have also perused the order dtd. 05.09.2018, the Ld. Adv.for the defendant has strongly opposed the notice of motion. On perusal of the previous roznamas it shows that the affidavit in lieu of examination in chief is already placed on record but as the documents where not served upon the defendants. The said order is passed. The Adv.for the plaintiff has submitted that the plaintiff is ready to supply a fresh copies of evidence, documents upon the defendants till next date. Even otherwise defendant no.6 has granted to permission to file written statement and considering the same there may be some additional issues or additional evidence. Considering overall circumstances and as the matter is old one to avoid the delay in its disposal, I pass the following order.
ORDER
Notice of Motion No. 4297/18 is allowed and made absolute in terms of prayer clause (a) and (b) subject to condition that the plaintiff shall comply with the directions that, he will not seek any adjournment for the purpose of evidence.
Nature Of Disposal: ALLOWED
Disposal Date: 07-09-2021