Manisha Jayant KatiraVsPriya Bhagwandas Advani +2 more

Date: 06-01-2020
Business: Advocate Ms. Devyani Katira for Plaintiff present and sought extension of time for service of writ of summons upon Defendants.  Time extended till next date.
Case is adjourned to 12/03/2020 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate Ms. Devyani Katira for Plaintiff present and submitted that she will provide copy of Plaint to advocate for Defendant no.3 and will file affidavit of service hence matter may be kept back.
Advocate Ms. Kripa Singhani for Defendant no.3 present
K.B. L.O. at 12.25 p.m.
Advocate for Plaintiff filed joint affidavit of service of writ of summons against Defendant no.3 showing that writ of summons is served upon Defendant no.3 on 10/02/2020, t.o.r.  Plaintiff\''s advocate sought time to file affidavit of service of writ of summons upon Defendant nos.1 and 2. Plaintiff\''s advocate served copy of plaint and documents upon advocate for Defendant no.3.
Advocate Ms. Kripa Singhani for Defendant no.3 filed vakalatnama for Defendant no.3, t.o.r.
Case is adjourned to 25/06/2020 for Written Statement of Defendant no.3 and for affidavit of service against Defendant no.1 and 2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: None present for Plaintiffs.
Advocate Ms.Krupa Sanghani for defendant present.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  04/02/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Ms. Devyani Katria for plff present and seeks time for filing affidavit of service.
Deft No.1 present in person and filed copy of her AADHAR Card as ID proof. She submitted that she is served with writ of summons on Whats APP.  She seeks time to appoint advocate and file written statement.
Plff to serve deft No.2 with writ of summons.
None present for deft No.3.
Adjd. for written statement  of Deft Nos.1 and  3 and for filing affidavit of service of writ of summon on Deft No.2 to 17.04.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv Mr. Swapnil Kamble for deft No.1 present and filed vakalatnama on behalf of deft No.1 at Exh.3.
None present for other defts.
Matter is adjd. for WS of deft No.1 and appearance of other defts. to 02.12.2021.
Judge
L.O.
Adv. Ms. for Devyani Katari for plff present and filed affidavit of service of writ of summons at Exh.4.
Already adjd. to 02.12.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv Ms. Kataria present for plff.
Adv Mr. Sachin Kamble h/f Adv Joshi present for deft.No.1 and submitted that WS of deft No.1 is ready and he will take appropriate NM for delay condonation.
By consent, matter is adjd. for order to 25.01.2022.
Next Purpose: ORDER
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: (Matter pertains to Court Room No.62.)
Adv. Swapnil Kamble for Defendant No. 1 present and tendered draft NM alongwith affidavit in support.  O- Leave to register is granted with direction to serve the other side.
Matter already adjd. NM to 25.01.2022.
I/c Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Adv Mr. Shirke present for plff.
Adv Mr. Kamble  present for deft.No.1 present and tendered registered NM No. 118/2022 alongwith affidavit in support. Copy given to adv for plff.
Adv for plff seeks time to file reply.
By consent, matter is adjd. for NM reply to 21.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: None present for pltff.
Adv.Sachin Kamble for deft.No.1 present.
The plaintiff failed to file reply in NM No.118/22. Said NM to proceed without reply.
Matter adjd to 07.10.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 01-08-2022
Business: None present for pltff.
Adv.Sachin Kamble for deft.No.1 present.
The plaintiff failed to file reply in NM No.118/22. Said NM to proceed without reply.
Matter adjd to 07.10.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: None present for plaintiff.
Adv.Swapnil Kamble for deft.No.1 present.
Heard the Ld.Adv.for the deft. in NM No.118/2022. No argument of the plaintiff.
KB
LO at 04.45 pm
Adv.Swapnil Kamble for deft.No.1 present. He filed written statement. It be kept for order after decision of NM 118/2022. Copy of same is kept on record.
ORDER IN NM 118/2022
Inspite of keeping back the matter till 05.00 pm, none appearead for the plaintiff, hence, I proceed to decide the motion No.118/2022. This motion is for condonation of delay in filing the written statement.  It is the contention of the defendant No.1 that due to lockdown imposed due to outbreak of Covid-19, the defendant No.1 could not filed written statement within time. The defendant has relied on the judgment of Honble Supreme Court in suo-motu writ petition No.03/2020. I have gone through the same. The plaintiff has not opposed the defendants contention in respect of delay. Hence, considering the reason stated I pass the following order.
ORDER
1. Notice of Motion No.118/2022 is allowed subject to costs of Rs.1,000/- to be paid to the Legal Aid Services Authority.
2. Delay in filing written statement by defendant No.1 is condoned.
3. Notice of Motion No.118/2022 is disposed of accordingly.
Matter adjd to 19.12.2022 for NM order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2022

Date: 07-10-2022
Business: None present for plaintiff.
Adv.Swapnil Kamble for deft.No.1 present.
Heard the Ld.Adv.for the deft. in NM No.118/2022. No argument of the plaintiff.
KB
LO at 04.45 pm
Adv.Swapnil Kamble for deft.No.1 present. He filed written statement. It be kept for order after decision of NM 118/2022. Copy of same is kept on record.
ORDER IN NM 118/2022
Inspite of keeping back the matter till 05.00 pm, none appearead for the plaintiff, hence, I proceed to decide the motion No.118/2022. This motion is for condonation of delay in filing the written statement.  It is the contention of the defendant No.1 that due to lockdown imposed due to outbreak of Covid-19, the defendant No.1 could not filed written statement within time. The defendant has relied on the judgment of Honble Supreme Court in suo-motu writ petition No.03/2020. I have gone through the same. The plaintiff has not opposed the defendants contention in respect of delay. Hence, considering the reason stated I pass the following order.
ORDER
1. Notice of Motion No.118/2022 is allowed subject to costs of Rs.1,000/- to be paid to the Legal Aid Services Authority.
2. Delay in filing written statement by defendant No.1 is condoned.
3. Notice of Motion No.118/2022 is disposed of accordingly.
Matter adjd to 19.12.2022 for NM order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: None present for pltff.
Adv.Swapnil Kamble for deft.No.1 present and filed document showing compliance of the order dated 07.10.2022 in NM 118/2022. Said document of compliance are taken on record and marked as Exh.5.
As cost is deposited, written statement of defendant No.1 is taken on record and marked as Exh.6.
Matter adjd to 02.03.2023 for steps/order against deft.No.2 and 3.
Judge
LO at 01.25 pm
Plaintiff a/w. her Adv.Ms.Devyani Katira present.
Adv.for plaintiff filed application for withdrawal of suit t.o.r. and marked as Exh.7.
The defendant is already taken date. Heard the plaintiff. The plaintiff wants to withdraw the suit unconditionally. Hence, keep for order on scheduled date.
Matter adjd to 02.03.2023 for order/steps/order against deft.No.2 and 3.
Next Purpose: ORDER
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv.Devyani Kataria for plaintiff present.
Adv.Swapnil Kamble for defendant No.1 present.
       Read the last roznama the plaintiff has filed application Exh.7 for withdrawal of suit. Heard the Ld.Adv.for the plaintiff and Ld.Adv.for defendant No.1.
ORDER BELOW EXH.7
The plaintiff by this application wants to withdraw this suit unconditionally. As the plaintiff do not wish to proceed with the suit the application Exh.7 is allowed. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application Exh.7 and today\''s order passed thereon. The plaintiff is allowed to withdraw this suit unconditionally. In the result I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-03-2023

NOTICE OF MOTION/100118/2022

Registration Number: 103275/2019
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: 112669/2019
Filing Date: 20-11-2019
First Hearing Date: 06th January 2020
Decision Date: 02nd March 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE