Jude Edwin RebelloVsUday Appaji Desai

Date: 23-11-2019
Business: Matter is called out at 3.44 p.m.
Matter pertained to C.R. No.9.
Adv Prashant Karande for Plaintiff present.
Adv Rajesh Dixit for defendant present.
Plff tendered registered NM No.4321/19 and  NM No.4322/19. TOR.
Copy served to other side.
Deft seeking time to file reply. Time granted.
Liberty granted to the Plaintiff to press interim relief before the regular court.
Matter adjd for NM reply to 02/12/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Ajit Hodage for plaintiff present.
Adv. V. R. Tripathi for defendant present.
Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
Case is adjourned to 04.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Advocate Hodge h/f Adv. P. G. Karande for Plaintiff present
Advocate V. R. Tripathi for Defendant present and filed Written Statement. Plaintiff\''s advocate gave no objection to accept Written Statement as it is filed within 90 days from the date of service of writ of summons i.e from 25/11/2019, Written Statement t.o.r. and marked as Exh.2.
Advocate for Plaintiff filed registered Chamber Summons no.2307/19 with affidavit in support, t.o.r. Defendant\''s advocate submitted that Defendant has no objection to allow Chamber Summons no.2307/19. Hence, I proceed to pass following order-
                                      ORDER
1. Chamber Summons no.2307 of 2019 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out proposed amendment in the plaint as per schedule annexed to the Chamber Summons within stipulated time provided by law.
3. Plaintiff is further directed to serve the copies of amended plaint upon Defendants and to file typed copy of amended plaint for the record of the court.
Defendant\''s advocate filed reply to Notice of Motion no.4321/19 and draft Notice of Motion with affidavit in support of Notice of Motion for determination of value of subject matter. Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
Case is adjourned to 03/03/2020 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Advocate Mr. Ajit Hodge  for Plaintiff present and filed affidavit of service of typed copy of amended plaint upon newly added Defendants, t.o.r.
Advocate Mr. Shivaji Yadav for Defendant no.2 present and filed vakalatnama, t.o.r.
Clerk of advocate for Defendant no.1 filed registered Notice of Motion no.941/2020 with affidavit in support, t.o.r.
Advocate for Plaintiff filed reply to Notice of Motion no.941/2020, t.o.r.
                     ORDER ON NM NO.941/2020
This Notice of Motion is filed by Defendant for referring the suit to Registrar for determining the value of subject matter.
Defendant has filed affidavit in support of Notice of Motion contending that Plaintiff has filed this suit for claiming possession of 120 sq. ft. suit premises, hence according to Defendant, Plaintiff is bound to value 120 sq. ft. area in suit premises and to pay appropriate court fees thereupon, hence Defendant has prayed for the directions for referring the suit to Registrar.
Plaintiff has filed affidavit in reply and resisted Notice of Motion contending that initially by relying upon the Judgment of Bombay High Court reported in AIR 2012 Bombay, 22 which was pronounced in the case between Sushila U. Jain Vs. Rajeshkumar P. Jain, Plaintiff had paid the court fees by valuing prayer clause (a), (b) and (c) of the plaint to Rs.1000/- each as those prayers were not susceptible to minatory valuation.  Thereafter, office of the court raised objection about the valuation of the suit and said objection was placed before Judge of this Court. After hearing by the court Plaintiff valued prayer clause a to Rs.28,20,000/- and pad court fees of Rs.24,015/- as  per article 2, schedule I of Maharashtra Court Fees Act 1959 and said is accepted by the office of the Court, hence according to Plaintiff Notice of Motion has become infructuous.
On perusal of the plaint, it is noticed that initially court fees of Rs.220/- was affixed by Plaintiff with the plaint and later on court fees of Rs.23,815/- is affixed by Plaintiff to the plaint on 15/11/2019.  As such, Plaintiff has paid requisite court fees for compliance of the objection raised by the office of the Court, hence I find that prayers claimed in Notice of Motion have become infructuous and it is not necessary to refer the plaint to Registrar for determining valuation of the suit, hence I proceed to pass following order-
                                             ORDER
   Notice of Motion no.941/2020 stands disposed off/dismissed.
Case is adjourned to 23/04/2020 for Written Statement of newly added Defendant no.2 and NM reply by Defendant no.2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: None present for Plaintiffs.
Adv. Shivaji Yadav for Defendant no. 2 present.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for NM REPLY REJOINDER.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv Mr. Dixit for deft.2 present and mentioned the matter  in morning session and submitted that deft has filed AO before Hon’ble High Court for challenging the order passed by this Court.
Matter will be taken up in the afternoon session as NM are pending for hearing.
Afternoon session.
Adv Mr. Patil for plff present.
Adv Ms. Pervi for deft No.1 present and seeks time to file reply to plff. NM.
By consent, matter is ajd.d for NM reply to 19.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: None present for the plff.
Adv Mr. Rajesh Dixit h/f Adv Mr. V.R. Tripathi for the deft. present.
As nobody is present for the plff, considering the present pandemic condition, matter adjourned at same stage till next date.
Matter is adjd. for NM reply to 03.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: None present for plff
Adv Mr. Dixit for deft No.1 present and seeks adjournment by submitting that AO filed by deft No.1 is pending before Hon’ble High Court.
Adv Mr. Shivaji Yadav for deft No.2 present.
As nobody is present for plff, matter is adjd. for NM reply to 26.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None present for plff and deft No.1
Adv Mr. Shivaji Yadav for deft NO.2 present and filed reply in NM No.4321/2019 and 4322/2019.
He also filed WS at Exh.4 of deft No.2 by submitting that deft No.2 is yet not served with writ of summons.
Matter is adjd. for NM hearing to 06.04.2022
Judge
Adv Mr. Hodge for plff present and submitted that copies of reply and WS are not served by deft No.2 on the plff. Deft No.2 to serve the copies before next date.
Already adjd. to 06.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Adv Mr. Sudam Patil h/f Adv Mr. Karande present for plff. and filed affidavit in rejoinder in NM No.4321/2019.
Adv Mr. Shivaji Yadav present for deft.No.2 and supplied copies of WS and reply filed by deft No.2 to the adv for plff. in Court today.
By consent, matter is adjd. for NM rejoinder and hearing to 23.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2022

Date: 23-06-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2022

Date: 23-06-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv.Sudam Patil h/f.Adv.Karande for plaintiff present.
Adv.Tripathi for deft.No.1 present.
Adv.Aditya Mandavkar for deft.No.2 present.
The plaintiff requested time to file rejoinder in NM 4322/19.
Matter adjd to 18.10.2022 for hearing in NM 4321/19 and rejoinder for NM 4322/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv.Sudham Patil h/f.Adv.Prashant Karande for plaintiff present.
None present for deft.
On oral request of the plaintiff adjd. to 12.12.2022 for filing rejoinder in NM 4322/2019 and hearing of NM 4321/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Court is on leave hence matter Adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Matter pertains to CR No.62.
Adv. Sudam Patil h/f Adv. Karande for plaintiff present. he filed registered Chs. 141/23 copy of the same is received by Adv. for defendant no. 2.
Adv. Aditya Madavkar i/b Shivaji Yadav for defendant no. 2 present.
Matter adjd to 10.03.2023 for reply.
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Adv.Sudam Patil h/f.Adv.Prashant Karande for plaintiff present.
     Read the endorsement on chamber summons. Copy of the chamber summons is received by the defendants. None present for the defendants. No reply filed. Chamber summons to proceed without reply.
Matter adjd to 09.06.2023 for ch/s. hearing.
Judge
LO at 03.35 pm
Adv.Aditya Mandavkar for deft.No.2 present.
Matter adjd to 09.06.2023 for ch/s. hearing.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Sudam Patil for plaintiff present.
Adv. Aditya Bangaonkar for defendant no. 2 present.
                                             C/S Order
This c/s is taken out by the proposed legal representatives of the deceased sole plaintiff who is stated to have expired on 06th of December 2022 and supported with death certificate . The present C/S is taken out on 15-Jan-2023 which  is within the  period of 90 days from the date of death of sole plaintiff. The C/S is proceeded without reply of the defendant. I would thus see no just ground to refuse the C/S as sought for to bring the legal representatives of the deceased sole plaintiff on record in terms of schedule appended to the C/S. The C/S 141/23  stands accordingly allowed.
Matter is adjd.to 08-08-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2023

Date: 09-06-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2023

Date: 09-06-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Adv.  Sudham Patil h/f Adv. Prashant Karande for plaintiff present and filed amended plaint t.o.r.
None for defendant
Matter is adjd.to 06-10-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Adv. Praful Pawar  for plaintiff present.
None for defendant
Matter is adjd.to 08-12-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. Sudam Patil for plaintiff present.
Adv. Shivaji Yadav for defendant no. 2 present.
Matter is adjourned to 18-01-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Adv. Praful Pawar  for plaintiff present.
None for defendant.
Matter is adjourned to   27-02-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Praful Pawar for plaintiff present.
Adv. Shivaji Yadav for defendant no. 2 present.
Matter is adjourned to 19-04-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 19-09-2024 for  NM Hrg.
LO 3.49 PM
Adv.  Aditya Mandavkar  for defendant no.2   present.
Adv. Praful Pawar for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Adv. Sudam Patil i/b. Adv. Prashant G. Karande for plaintiff present.
Adv.  Mayuri Talekar for defendant present.
Matter is adjourned to  13-11-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: Adv. Praful Pawar for plaintiff present.
None for defendant.
Both the notice of motions are more than 5 years old so it be kept for further order on next date.
Matter is adjourned to 03.01.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2025

Date: 13-11-2024
Business: Adv. Praful Pawar for plaintiff present.
None for defendant.
Both the notice of motions are more than 5 years old so it be kept for further order on next date.
Matter is adjourned to 03.01.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2025

Date: 13-11-2024
Business: Adv. Praful Pawar for plaintiff present.
None for defendant.
Both the notice of motions are more than 5 years old so it be kept for further order on next date.
Matter is adjourned to 03.01.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: Adv. P. G. Karande for plaintiff present and he has submitted that NM are posted for order. But infact he is ready for argument on next date.
Adv. Tripathi for defendant no.1 present.
Adv. S. Yadav  for defendant no. 2 present.
Matter is adjourned to 05.02.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2025

Date: 09-01-2025
Business: Adv. P. G. Karande for plaintiff present and he has submitted that NM are posted for order. But infact he is ready for argument on next date.
Adv. Tripathi for defendant no.1 present.
Adv. S. Yadav  for defendant no. 2 present.
Matter is adjourned to 05.02.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2025

Date: 09-01-2025
Business: Adv. P. G. Karande for plaintiff present and he has submitted that NM are posted for order. But infact he is ready for argument on next date.
Adv. Tripathi for defendant no.1 present.
Adv. S. Yadav  for defendant no. 2 present.
Matter is adjourned to 05.02.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: Adv. Praful Pawar h/f Prashant Karande for plaintiff present.
None for defendant.
Matter is adjourned to 12.03.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2025

Date: 12-03-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2025

Date: 05-05-2025
Business: Adv. Praful Pawar for plaintiff present.
Adv. Mangesh Shinde for defendant No. 2 present.
Adv. Rajesh Dixit for defendant no.1   present.
Oral request of both sides advocate matter is adjourned to 22.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: None for plaintiff present.
None for defendant.
Due to heavy rain matter adjourned.
Matter is adjourned to 22-09-2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. P. G. Karande for plaintiff present.
Adv. Rajesh Dixit for defendant No. 1 present.
Adv. Aditya Mandavkar for defendant No.2 present.
Advocate for defendant No. 1 has requested short date.
Matter is adjourned to 13.01.2026 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Prashant G. Karande for plaintiff present.
Adv. Tripathi for defendant no. 1 present.
Adv. Disha Chaurasiafor defendant no. 2 present and sought time for argument.
Matter is adjourned to 16.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Prashant Karande a/w Adv. Praful Pawar for plaintiff present.
Adv. Rajesh Dixit for defendant no. 1 present.
Adv. Shivaji Yadav for defendant no. 2 present and filed application for expedition of suit. It is taken on record and marked as Exh.8. Handwritten say given by plaintiff and defendant no. 1 overleaf. O- As both the parties are ready to proceed with the suit expeditiously, the suit is expedited. It is for both the parties to co-operate Court in proceeding with the suit and not to seek any unnecessary adjournments.
Ld. advocate for plaintiff submitted that plaintiff is not pressing the notice of motion no. 4322/2019 which was filed under Order II Rule 2 of CPC. As plaintiff not pressed the said notice of motion, hence, it is disposed of.
Ld. advocate for defendant no. 1 seek time to argue NM. Both the parties conceaded to grant short adjournment.
Nature Of Disposal: OTHER
Disposal Date: 16-02-2026

Main Case No: SUIT/0102969/2019
Main Cnr: MHCC010113782019
Main Filing No: 111447

Registration Number: 104322/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 112695/2019
Filing Date: 21-11-2019
First Hearing Date: 23rd November 2019
Decision Date: 16th February 2026
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE