Anupama Sharad PuranikVsManish Liladhar Parab

Date: 03-01-2020
Business: Advocate Ms. Poonam Shinde for Plaintiff present and filed registered Notice of Motion no.4879/2019 with affidavit in support, t.o.r.  She also filed affidavit of service, t.o.r.
Defendant no.1 present and submitted that his advocate is on the way to the Court and he will file vakalatnama.
Advocate Ms. Jyoti Pandey for Defendant no.3 to 5 present and filed vakalatnama, t.o.r.  She also filed reply to Notice of Motion no.4879/19 on behalf of Defendant no.5 t.o.r.  She also filed pursis on behalf of Defendant no.3 and 4 contending that those Defendants are adopting NM reply filed by Defendant no.5.
K.B.
L.O. at 3.35 p.m.
Advocate Ms. Poonam Shinde for Plaintiff present
Advocate Mr. Marathe for Defendant present and filed vakalatnama for Defendant no.1 and 2, t.o.r.
Defendant nos.6 to 8 present and submitted that on next date they will engage lawyer to represent them.  Considering submissions adjourned.  Defendants are directed to serve copy of NM reply upon Plaintiff in advance.
Case is adjourned to 18/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Advocate Abhyankar for Plaintiff present
Defendant no.1 present and submitted that his advocate is held up in Hon\''ble High Court.
Defendant nos.1 and 2 have not filed their reply to NM no.4879/19.
Advocate Jyoti Pandey for Defendant no.3 to 5 present
Advocate Hitesh Mavani for Defendant no.6 to 8 present and filed vakalatnama, t.o.r.
Heard Plaintiff\''s advocate about NM no.4879/19 who has submitted that Plaintiffs and Defendant are legal heirs of Pandurang Parab who has left behind suit property described in para no.8 of the plaint.  It is submitted that Defendant nos.1 and 2 are possessing said property. Plaintiffs have filed suit for partition hence Plaintiffs have taken out  this Notice of Motion for restraining Defendants temporarily from creating third party rights in suit property.  According to Plaintiff\''s advocate Notice of Motion is necessary to be made absolute for determination of rights of the parties in suit property.  Advocate for Defendant nos.3 to 5 submitted that Defendants nos.3 to 5 are supporting Plaintiffs case.  Advocate for Defendants nos.6 to 8 submitted that Defendant nos.6 to 8 are not possessing suit property hence court may pass necessary orders in the matter.
K.B. for argument of Defendant no.1 without reply to the Notice of Motion.
L.O. at 4.45 p.m
Advocate Marathe for Defendant no.1 and 2 present and submitted that Defendant no.1 is intending to file reply to NM. Plaintiff\''s advocate submitted that let Defendant no.1 file NM reply to support the contention that property shown at serial no.a of para no.8 of the plant is tenanted premises.  Considering submissions no reply order passed against Defendant nos.1 and 2 is hereby set aside.  It is made clear that, if on next date, Defendant no.1 will not file NM reply, court will be compelled to dispose off NM considering arguments advanced by Plaintiff and Defendant no.3 to 8.
Defendant no.1 who is present before the court, when asked by the court that whether he is going to create third party rights in suit property particularly in property referred at serial no.a of para no.8 of the plaint, Defendant no.1 submitted that he is not going to create third party interest in suit property till filing NM reply. Considering submissions, Defendant no.1 is directed not to create third party interest in suit property referred at serial no.a of para no.8 of the plaint till filing NM reply. It is made clear that, after Defendant no.1 will file NM reply, NM will be decided on merits.
Case is adjourned to 02/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 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: 22-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 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: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 21-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv Ms.Poonam Shinde h/f Adv Mr. Abhyankar for plaintiff present.
Adv Ms. Snehal Marathe for defendant Nos.1 and 2 present and filed reply to NM No.4879/2019. She orally submitted that defendants will not create third party interest in the suit premises till next date. She also tendered draft NM along with affidavit in support for condonation of delay in filing WS. Proposed WS of defendant Nos.1 and 2 is produced on record. O- Leave to register the NM is granted to deft. Nos.1 and  2. Copy of said NM is served on the advocate for plaintiff.
Advocate for plff seeks adjournment to argue NM No.4879/2019.
Adv Ms.Khushboo i/b Sahil Mahajan for defendant Nos.6,7,8 present and filed pursis informing that reply filed by defendant No.1 is adopted by deft Nos.6,7,8 as their reply to NM No.4879/2019.
By consent, matter is adjd. for NM hearing to 22.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv Ms. Poonam Shinde for plff present.
Adv Ms. Snehal Marathe for deft Nos.1 and 2 present and filed registered NM No.273/2021 along with affidavit in support.
Adv. for plff filed affidavit in reply to NM No.273/2021.
Adv. for plff seeks adjournment hence, by consent, matter is adjd. for NM hearing to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Plaintiff Anupama Puranik present in person. Her advocate absent.
None present for the defendant.
Plaintiffs seeks adjournment.
As nobody is present for defendants, considering the present Pandemic condition, on request of the plaintiff, matter is adjourned for NM hearing to 12.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Plff present with Adv Mr. Abyankar.
Adv Ms. Marathe for deft No.1 present.
Adv Ms. Pushpa Thapa for deft Nos.3 to 5 present.
Adv for deft No.1 seeks adjournment to argue both pending NM. Ad-interim protection is already granted to the plff previously hence, adjournment is granted.
Adv. for the plff suggested that matter may be referred for mediation as it is a family dispute. As it appears that there exists an element of settlement, matter is referred to mediator.
Referral order signed by the plff and adv. for deft. at Exh.6
By consent, matter is adjd. for awaiting report to 05.10.2021.
Next Purpose: REPORT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv Ms. Agrawal present for plff.
Adv Ms. Snehal Marathe present for deft.
K.B. for argument.
L.O. at 4.10 p.m. Same appearance as above.
Heard arguments of adv. for deft Nos.1 and 2 and adv. for plff in N.M.No.273/2021.
Matter is adjd. for NM order and NM hearing to 13.10.2021.
Judg
Next Purpose: ORDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Plff Adv Ms. Tripathi h/f Adv Abhyankar for plff present.
Adv Ms. Snehal Marathe present for deft present.
Heard.
FRSR following order passed in NM No.273-21 in SU 3178-19
                           ORDER
     Notice of Motion No.273 of 2021 is allowed in terms of its prayer  clause “a”  and ‘’b’’ subject  to  cost  of  Rs.2,000/- (Two Thousand Rupees only).
	Defendant Nos. 1and 2 shall pay the amount of cost either directly to 	the plaintiff or shall deposit the same in the Court on or before next date.
	After the amount of cost is paid /deposited as mentioned above, the written statement of defendant Nos.1 and 2 will be taken on record.
                             ----
By consent, matter is adjd. for compliance and NM hearing  to             25.11. 2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2022

Date: 25-11-2021
Business: court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Plff present in person and submitted that cost amount of Rs.2000/- is received by her from the defts as per order dt.13.10.2021.
Adv Ms. Poonam Yadav for deft No.1 and 2 present and seeks adjournment by submitting that adv. on record for deft is tested corona positive. Plff has no objection to grant adjournment.
By consent, matter is adjd. for NM hearing to 17.02.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 07-01-2022
Business: Plff present in person and submitted that cost amount of Rs.2000/- is received by her from the defts as per order dt.13.10.2021.
Adv Ms. Poonam Yadav for deft No.1 and 2 present and seeks adjournment by submitting that adv. on record for deft is tested corona positive. Plff has no objection to grant adjournment.
By consent, matter is adjd. for NM hearing to 17.02.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Mr. Abhyankar present for plff.
Adv Ms. Marathe present for deft.Nos.1 and 2 and filed WS at Exh.8 on behalf of deft No.1. She also filed pursis at Exh.9 that deft No.2 is adopting the WS of deft No.1 as his WS.
Adv Ms. Jyoti Pandey for deft Nos.3,4 and 5.
Adv Ms. Karishma Mungekar h/f Adv Mr. Sahil Mahajan for deft Nos.6 to 8 present and filed pursis at Exh.10 that deft Nos.6 to 8 are adopting the WS of deft No.1 as their WS.
On request of adv for deft nos.1 and 2, matter is adjd. for NM hearing to 04.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Adv Mr. Abhyankar present for plff.
Adv Ms. Marathe present for deft.Nos.1 and 2.
Adv Ms. Jyoti Tripathi for deft Nos.3 to 5 present.
None present for other defts.
Heard arguments of adv. for plff, deft Nos1 and 2 and deft Nos.3 to 5 in NM No.4879/19.
Matter is adjd. for NM order to 16.03.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Plff present.
Adv Ms. Snehal Marathe present for deft.Nos.1 and 2.
Adv Ms. Tripathi for deft Nos.3 to 5 present.
F.R.S.R. following order is passed in N.M.No.4879/2019
                       ORDER
Notice of  Motion No.4879/2019 is partly allowed as under-
Pending final disposal of the Suit, defendant Nos.1 and 2 are temporarily restrained from creating third party interests in Suit flat No.B/8, Ratna Co-Op Hsg. Society Ltd, 186, Veer Savarkar Marg, Mahim, Mumbai.
                         -----
Adv for defendant Nos.1 and 2 filed draft NM alongwith affidavit in support for considering written statement dt.20.07.2020 and 25.11.2021 as WS of defendant Nos.1 and 2. O- Leave to register is granted with direction to serve the plff.
Matter is adjd. for NM reply to 16.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. Shilpa Tripathi for plaintiff present.
Adv. Snehal Marathe for Defendant No. 1 & 2 present.
Adv. Jyoti Tripathi  for defendant no. 3, 4 & 5 present.
the plaintiff filed  reply in draft NM TOR marked as Exh. 11. copy is received by Def. no. 1 & 2. on oral request of Def. 1 & 2 time is extended for registration of draft NM.
Matter adjd to 11.10.2022 for
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv.Shilpa Tripathi h/f.Adv.Abhyankar for plaintiff present.
Adv.Marathe for defendant No.1 and 2 present.
Adv.Jyoti Tripathi for deft.No.3 to 5 present.
Plaintiff filed written submissions in NM 3298/22 t.o.r. and marked as Exh.12. Copy is received by deft.No.1 and 2.
Deft.No.1 and 2 tendered registered NM No.3298/22 a/w. affidavit t.o.r.
Heard Adv.for plaintiff and Adv.of deft.No.1 and 2 in NM 3298/22.
KB for orders.
LO at 05.25 pm
None present for plaintiff.
Adv.Marathe for defendant No.1 and 2 present.
Adv.Jyoti Tripathi for deft.No.3 to 5 present.
F.R.S.R. the following order is passed.
ORDER
1.Notice of Motion No.3298/2022 is rejected for prayer clause (a).
2.Alternatively it is partly allowed for prayer clause (b) so far it is concern to mark the written statement dated 20.07.2020 as exhibit and the motion is further allowed for prayer clause (c) to discard the written statement dated 25.11.2021.
3. The written statement dated 20.07.2020 is considered as written statement of defendant No.1 and 2. It is taken on record and marked as Exh.13.
4. Written statement Exh.8 as it is discarded it is taken off from the file.
5. Notice of Motion No.3298/2022 is disposed of accordingly.
Matter adjd to 05.12.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: None present for plaintiff.
Adv.Marathe for deft.No.1 and 2 present.
The Adv. for deft. filed draft chamber summons a/w. Affidavit in support. O-Leave granted to register draft chamber summons.
Matter adjd to 17.02.2023 for service of ch/s.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Plaintiff in person present.
Adv. Sanskar Marathe for defendant nos. 1 and 2 present.
Adv. for defendant filed register Chamber summons no. 2175 of 2022 t.o.r.
Copy of C/S received by plaintiff.
Matter adjd to 29-03-2023 for reply in C/S.
Next Purpose: REPLY
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. S.A. Abhyankar for plaintiff present.
Adv. Marathe for the defendant No.1 and 2 present.
Adv. Jyoti Tripathi for defendant No.3 to 5 present.
Defendants\'' Advocate filed handwritten say on chamber summons.
Heard the Adv. for plaintiff, defendant No.1 and 2, the adv. for defendant 3 to 5.
Matter adj. to 19.04.2023 for  order in Chamber summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Plaintiff is present.
Adv.Aniket Abhyankar for plaintiff present.
Adv.Snehal Marathe for defendant No.1 and 2 present.
Adv.Jyoti Tripathi for defendant No.3 to 5 present.
KB
LO at 05.45 pm
As the Court was busy in dictation in time bound case No.1233/2017, hence, due to paucity of time adjourned.
Matter adjd to 03.05.2023 for Ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: None present for both sides.
KB
LO at 03.00 pm
None present for plaintiff.
Adv.Snehal Marathe for defendant present.
ORDER IN CHAMBER SUMMONS NO.2175/2022
The defendant Nos.1 and 2 wants to carry out amendment in the written statement and therefore has filed this chamber summons. Same is opposed by the plaintiff by handwritten reply. Read the order dated 11.10.2022. Same cannot be considered as rejudicata for this chamber summons. The written statement has been taken on record which was filed earlier, written statement filed subsequently has been discarded. Now the defendants want to carry out amendment in the written statement which is taken on record. To incorporate certain documents, the defendants want to amend the written statement. The proposed amendment is just and necessary to decide the real question in controversy between the parties, hence, I pass the following order.
ORDER
1.Chamber Summons No.2175/22 is allowed.
2.The defendant No.1 and 2 are allowed to carry out the amendment as proposed in the Chamber Summons.
3.Chamber Summons is disposed of accordingly.
Matter adjd to 25.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv. Shilpa Tripathi for plaintiff present.
Adv. Snehal Marathe for defendants no. 1 and 2 present and filed affidavit of service regarding amendment ws t.o.r. marked as Exh.14
Adv. Jyoti Tripathi for defendants no. 3 to 5 present.
Matter is adjd.to  25-10-2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Plaintiff in person present and filed draft issues t.o.r. marked as Exh.15
Adv. Jyoti Tripathi for defendants no. 3 to 5 present
Matter is adjd.to 06-12-2023 for draft issue by deft.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv. Mr. S. A Abhyankar for plaintiff present.
None present for defendant.
Issues are framed vide Exhibit-16.
Matter is adjourned to  15.01.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Adv. Nisha Agrawal for plaintiff present.
Adv. Sanskar Marathe for defendants no. 1 and 2  present.
LO
Adv.  Nisha Agrawal  for plaintiff present and tendered evidence affidavit of PW -1 Anupama along with compilation of documents taken on record marked as Exh. 17 and Exh. 18 respectively.
Verification of witness is recorded with respect the contents of affidavit of examination Exh. 17 on oath. The plaintiff to serve the other side with the copy of affidavit of examination in chief on or before next date.
Matter is adjourned to 12-02-2024 for serving the other side affidavit of examination in chief and its admission and denial documents under list Exh. 18.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Adv. Nisha Agrawal for plaintiff present.
Adv. Jyoti Tripathi for defendants no. 3 to 5 present.
Adv. Snehal Marathe for defendants no. 1 and 2  present filed two  draft NM with supporting affidavit t.o.r. - O- Leave is granted to register the draft NM.    Copy be served to other side.
Matter is adjourned to 21-03-2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: Adv. Nisha Agrawal for plaintiff present
Adv. Snehal Marathe for defendants no. 1 and 2  present and filed two registered NM No. 847/24 and NM No. 848/24   along with affidavit in support t.o.r.
Adv. Nisha Agrawal for plaintiff present and filed affidavit in reply in NM No. 847/24 and NM No. 848/24  taken on record marked as Exh. 19 Exh.20 respectively.
Matter is adjourned to 26-04-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Adv. Abhyankar  for plaintiff present.
Adv. Marathe for defendants no. 1 and 2 present.
Adv. Singh  for defendants no. 3 to 5 present.
Matter is adjourned to 24-06-2024 for NM Hrg. 11.00 am
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Adv. Aniket Abhyankar for plaintiff present and prayed for adjournment.
None for defendants.
LO 11.51 AM
Adv. Aniket Abhyankar for plaintiff present None for defendant.
Matter is adjourned to 29-07-2024 for NM Hrg.11.00am
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: Adv. Aniket Abhyankar for for plaintiff present.
Adv. Snehal Marathe  for defendant no.  1 and 2  present and filed affidavit in rejoinder in NM No. 847/24 and NM No. 848/24 It is taken on record and marked as Exh. 21 and Exh. 22 respectively.
Matter is adjourned to 19-08-2024 for NM Hrg. 2.45pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Adv. S. A. Abhyankar for plaintiff present.
Adv. Snehal Marathe for defendant No. 1 and 2 present.
Heard both the sides on NM No. 847 of 2024.
Later on 5.40 pm.
F.R.S.R. following order is passed.
Order
1. NM No. 847 of 2024 is hereby allowed.
2. Issues framed below Exh. 16 are recasted a new issues  i.e.
1. Whether this court has jurisdiction to try and entertain the suit claim of plaintiff more particularly about the tenanted shops
2. whether the suit is within limitation.
2. whether the plaintiff is entitled for reliefs as claimed
4. NM No. 847 of 2024 accordingly disposed of.
Matter is adjourned to   20-09-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: Adv. S.M.Tiwari for plaintiff present.
None for defendant.
Matter is adjourned to 28.11.2024 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: Presiding Officer is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: Adv. Suraj Tiwari for plaintiff present.
Adv. Snehal Marathe for defendant no.1 and 2 present.
heard both the side in NM No. 848/2024.
Matter is adjourned to 04.01.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Plaintiff present.
Adv. Marathe for defendant No. 1 and 2 present..
Matter is adjourned to 06-02-2025 for Rehearing in NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: Adv. S. Abhyankar for plaintiff present.
Adv. Snehal Marathe for defendant no.1 and 2 present.
Heard both sides.
Matter is adjourned to 24.02.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 19-03-2025 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: Adv. Aniket Abhyankar for plaintiff present.
Adv. Snehal Marathe for defendant No. 1 and 2 present.
F.R.S.R. following order is passed in NM No. 848 of 2024 -
Order
Notice of Motion No. 848 of 2024 is dismissed and disposed of accordingly.
Matter is adjourned to 11-06-2025 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: Adv. Aniket Abhyanakr for plaintiff present.
Adv. Snehal Marathe for defendant no.1 and 2 present.
Matter is adjourned to 12.08.2025 for re-cast issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Plaintiff in person present.
None for defendant.
KB
Later on at 11.32 am,
Adv. Apurva Mhatre for plaintiff present.
Adv. Snehal Marathe for defendant no.1 and 2 present and tendered draft NM alongwith affidavit in support.
O- Leave to register draft NM is granted.
Copy of the same furnished to other side.
Later on at 1.00 pm,
Adv. Abhyankar for plaintiff present.
Matter is adjourned to 08.09.2025 for re-casting issues and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Adv. Apurva h/f. Adv. S. Abhyankar a/w plaintiff present.
Adv. Snehal Marathe for defendant present and tendered draft notice of motion on which leave already granted to register it. Today, she has ‘not pressed’ the notice of motion. The NM is disposed of as ‘not pressed’.
It be registered for statistical purpose.
Matter is adjourned to 13.11.2025 for say on documents / cross-examination.
Next Purpose: FOR___________________
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Apurva Mhatre for plaintiff present.
Adv. Snehal Marathe for defendants No. 1 and 2 present.
Notice of motion 4818/2025 not pressed on previous date i.e. 08.09.2025. Today it is diposed off.
Advocate for defendant No. 1 and 2 has sought time to file say on the documents of the plaintiff.
Matter is adjourned to 21.01.2026 for say on documents of the plaintiff.
                                                                                        Judge
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Abhyankar for plaintiff present.
Adv. Snehal Marathe for defendant no. 1 and 2 present and filed say on documents Exh.18. It is taken on record and marked as Exh.23.
Kept Back.
Later on at 12.00 pm
Adv. Abhyankar for plaintiff present has filed application alongwith Notice given to defendants for production of documents. It is taken on record and marked as Exh.24. Notice already served on defendants.
Adv. Snehal Marathe for defendant no. 1 and 2 present and filed reply on Exh.24. It is taken on record and marked as Exh.25.
Order passed below Exh.18
Heard both sides.
Document at Sr. no. 1 is admitted hence, marked as Exh.26.
Documnet at Sr. No. 2, 3 and 4 regarding which notice was issued by plaintiff and defendant has given reply to it stating that such doucments are not in custody of defendant.
For leading secondary evidence foundational facts are required to be pleaded in plaint and then to be stated in evidence. In the evidence affidavit plaintiff has no where stated about the original being in custody of defendant and therefore, foundational fact for leading secondary evidence has not been laid down accordingly such documents cannot be marked as Exhibit at this juncture.
Matter is adjourned to 26.02.2026 for Cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Nisha Agarwal for plaintiff present.
None for defendant.
Matter is adjourned to 26.03.2026 for recording evidence.
Later on at 01.00 pm
Adv. Snehal Marathe for defendant no. 1 and 2 present and filed pursis informing about the stay granted by Hon’ble High Court in Miscellaneous Civil Application (St) No.3786 of 2026 dated 17/02/2026, till next date of hearing. It is taken on record and marked as Exh.27.
Matter is adjourned to 26.03.2026 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Aniket Abhyankar h/f Adv. S. A. Abhyankar for plaintiff present.
None for defendant.
 On verifying the CIS status of Mis. Civil Appliction 3786/2026 is on 01/04/2026. Hence, as there is stay to the proceeding the case is adjourned.
Matter is adjourned to 07.07.2026 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Writ received from Honble High Court writ D.D. No. (MCA) C0709706 of 2026 dtd. 27.04.2026 in Miscellaneous Civil Application No. 79 of 2026 (Civil), City Civil Court, Mumbai Inward No.8211, Dtd. 02.05.2026.
The Sheristedar stated that the writ is received by him on 04/05/2026 in the evening at 05.20 pm.
Coram :- Honble Justice Rajesh S. Patil, J. on 01st April, 2026 passed the following order :-
P.C. :
1. 	After present transfer application was argued for some time, by
consent of learned counsel appearing for the parties, on instructions of their clients, who are present before this Court, the following order
is passed:-
ORDER
(A) 	Present Misc. Civil Application stands allowed.
(B) 	The proceedings of S.C. Suit No. 3178/2019 pending before the Bombay City Civil Court, be transferred to this Court, within a period of four weeks from today, and to be heard along with Probate Petition No.3601/2023.
(C) 	The hearing of both Probate Petition and S.C. Suit is hereby expedited.
(D) 	Parties will co-operate with an early hearing of both the proceedings and will not take unnecessary adjournments.
2. 	Present Misc. Civil Application disposed of accordingly.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Not On Board Taken On Board
None for plaintiff.
None for defendant.
As per writ received from Honble High Court D.D. No. (MCA) C0709706 of 2026 dtd. 27.04.2026 in Miscellaneous Civil Application No. 79 of 2026 (Civil), City Civil Court, Mumbai Inward No.8211, Dtd. 02.05.2026. to transfer the suit. Hence it is transferred as per the order on Honble High Court and accordingly removed from CIS.
Nature Of Disposal: TRANSFER TO HIGH COURT
Disposal Date: 06-05-2026

NOTICE OF MOTION/100273/2021
NOTICE OF MOTION/100847/2024
CHAMBER SUMMONS/102175/2022
NOTICE OF MOTION/100848/2024
NOTICE OF MOTION/103298/2022
NOTICE OF MOTION/104818/2025
NOTICE OF MOTION/104879/2019

Registration Number: 103178/2019
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: 112637/2019
Filing Date: 20-11-2019
First Hearing Date: 03rd January 2020
Decision Date: 06th May 2026
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE