Date: 19-12-2019
Business: Plaintiff is present.
Adv. G.B.Mhatre for Plaintiff is present.
Adv. Sanad Desai h/f Adv. Sachin Kadam for defendant is present. He tendered WS. TOR affidavit of service is not filed on record.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Matter is adjd. for draft issues to 25/02/2020 .
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. G. V. Mhatre for Plaintiff is present. He seeks time for tendering draft issues. O granted.
Adv.Neha Tikam h/f Sachin Kadam for defendant is present.
Matter is adjd. for draft issues to 01/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None present for plaintiff.
Adv.Sachin Kadam for deft/state present.
Matter is adjd. to 03.03.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Mr. G. V. Mhatre for the plaintiff.
Adv. Neha Tikam i/b Adv. Sachin Kadam for the defendants.
On oral request of the ld. advocate for the plaintiff, matter is adjd. to 05/05/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: due to covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv Mr.Mhatre present for the plaintiff.
Adv Kapse present for the defendant.
Adv for the plaintiff filed draft issues TOR O- Seen.
Matter is adjd. to 07.02.2022 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No.27 of 2022 dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
Matter is adjd. to 13.04.2022 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv.Gajanan Mhatre for plaintiff present and submitted that already filed draft issues.
None present for defendant.
Matter is adjd. to 23.09.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Sanjay Ranjane h/f Adv. Gajanan V. Mhatre for plaintiff present.
Adv.Khatib for defendant / state present
Matter is adjd. to 24.11.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: None present for the parties.
Matter is adjd. to 20.01.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: court is on leave. Hence Board is discharge and matter adjd to.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: None present for the parties.
Matter is adjourned to 21.04.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: As Court is busy in administrative work of Court. Hence, Board is discharged.
Matter is adjourned to 27.07.2023 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. Mr. Gajanan Mhatre for the plaintiff is present.
None for defendant.
Matter is adjourned to 25.08.2023 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: None present for the plaintiff.
Adv. Mr. Amit Kapse for defendant/ State is present.
Matter is adjourned to 23.11.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv. Mr. Sanjay Ranjane h/f Adv. G.V. Mhatre for the plaintiff is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Kadam for defendant No.1 /State is present.
Issues framed. It is marked at Exh. 05.
Matter is adjourned to 14.02.2024 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Adv. Mr.G.V.Mhatre for the plaintiff is present.
Adv.Mr.Amit Kapse for defendant/State is present.
Adv. for plaintiff seeks adjournment filing affidavit of evidence of plaintiff.
Matter is adjourned to 22.03.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Adv. Mr.G.V.Mhatre for the plaintiff is present.
Adv. Mr.Khatib for defendant no./State is present.
Adv. for plaintiff sought adjournment for filing affidavit of evidence of plaintiff.
Matter is adjourned to 12.04.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Adv. Mr.Sanjay Ranjane h/f Adv.G.V.Mhatre for the plaintiff is present.
Adv. Mr.Sachin Kadam for defendant no.1 is present.
Adv for plaintiff filed affidavit of evidence of PW no.1.Rajendra Anand Dhuri. Exh.6
He also filed list of documents. Exh.7
Matter is adjourned to 28.06.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Adv. Mr.Gajanan Mhatre for the plaintiff is present.
Adv. Mr.Sachin Kadam for defendant/State is present.
The documents vide exhibit-7 Sr.No.1 and 2 are admitted by the defendant though photocopy. Hence, they are exhibited at Exh-8 and Exh-9.The document at Sr.No.3 are the Notices dtd.27.03.2019 and 28.05.2019 Colly with acknowledgment cards. Hence exhibited as Exh-10 and Exh-11. But the acknowledgment are marked at Article-A colly. The document at Sr.No.4 is particulars of claim and has to be proved during the course of evidence and plaintiff is not the author hence marked at Article-B. The document at Sr.No.5 is the copy of notice dtd.20.07.2019 and hence marked at Exh-12. However postal acknowledgments being photocopies at marked Article-C.
Counsel for defendant seeks time to cross examine the witness.
Matter is adjourned to 25.07.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Adv. Mr.Sanjay Ranjane h/f Adv. Gajanan Mhatre for the plaintiff is present.
Adv. Sachin Kadam for defendant /State is present.
Matter is adjourned to 19.09.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: None present for plaintiff.
Adv. Martina Sakpal for defendant/State present.
As plaintiff and his advocate are absent, Matter is adjourned for RE with direction to remain present on the next date.
Matter is adjourned to 18/11/24 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Adv. Mr. G. V. Mhatre present for plaintiff and filed application for production of documents. t.o.r. marked as Exh. 13.
O- Production allowed.
Adv. Mr. Sachin Kadam present for defendants.
Following order is passed on admissibility of documents at Exh. 13.
ORDER
1) Postal acknowledgment of Notice dated 27-03-2019 addressed to defendant is marked as Exh. 14.
2) Postal acknowledgment of Notice dated 28-05-2019 addressed to defendant is marked as Exh. 15.
3) Postal acknowledgment of Notice dated 20-07-2019 addressed to defendant is marked as Exh. 16.
K.B. for cross examination of witness.
Later on.
As Court time is over, hence, matter is adjourned to 18/12/2024 for cross of plff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Adv. G. V. Mhatre present for plaintiff and sought adjournment.
Adv. Sachin Kadam present for defendants.
Matter is adjourned to 22/01/25 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Adv. Mhatre present for plaintiff.
Adv. Sachin Kadam present for defendants.
Cross examination of PW. 1 by Advocate for defendant/State is commenced and concluded.
Matter is adjourned to 15/03/2025 for cross of PW 1 by other defendants/RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: None present for plaintiff.
None present for defendants.
Both parties to remain present on the next date without fail.
Matter is adjourned for RE/necessary order to 06/05/25.
Later on at 12.00 pm.
Adv. T. A. Dhotre h/f Adv. Kadam for defendant/State present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Plaintiff present his advocate absent hence he sought adjournment. O- Time granted.
Adv. Sachin Kadam present for defendant/State.
Matter is adjourned to 08/07/25 for RE.
Later on 01.49 pm.
Adv. Sanjay Ranjane i/b Adv. G. V. Mhatre for plaintiff present and filed an application for filing additional documents. t.o.r. marked as Exh. 17. O- Other side to say.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: Adv. Ranjan Ranjane present for plaintiff and filed VP. O- Seen and filed t.o.r. marked as Exh. 18.
Adv. Sachin Kadam present for defendant/State.
Adv. for plaintiff filed application for taking the additional documents on record in the above natter. t.o.r. marked as Exh. 19. Order- Other side to say.
Matter is adjourned for reply to 30/07/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: Adv. Sanjay Rane present for plaintiff.
Adv. Sachin Kadam present for defendant/State and he filed reply to application filed by plaintiff Exh. 19.
Matter is adjourned to 10/09/25 for hearing. (Morning session)
Next Purpose: HEARING
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Sachin Kadam present for defendant/state.
Order below Exh.17 and 19
Heard advocate for plaintiff and defendant.
The Plaintiff has filed application for taking additional documents on record. Exh.17 and 19 are the same applications. Record shows that Plaintiff witness was cross-examined and thereafter the present application is filed. It is expected that the party to produce the original documents before the settlement of issues. In a case documents are not available or for any reason they want to file it, party must made out a ground and state reasons to that effect. In the present case, mere statement is made that plaintiff is been tending to file the documents hence, prayed to take those documents on record. Application is strongly opposed and submitted that after cross-examining the witness without mentioning any reason the documents are produced.
If we go through the application, no reason is mentioned how the documents are necessary to decide the issue in dispute, why they were not filed at earlier stage. Thus, the application is vague and no reasons are stated. The application Exh.17 and 19 are not maintainable for the above stated reasons and they are rejected.
Matter is adjourned to 07.10.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Sanjay Ranjane present for plaintiff and requested for time. O-Time granted.
Adv. Sachin Kadam present for defendant/State.
Matter is adjourned to 19.11.2025 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Sachin Kadam present for defendant/State.
Matter is adjourned to 06.01.2026 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Sachin Kadam present for defendant/State.
KB LO at 1.04pm
Advocate for plaintiff filed evidence closing pursis. TOR and marked as Exh.20. O-Filed.
Matter is adjourned to 14.01.2026 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Sachin Kadam present for defendant/State and filed evidence closing pursis. TOR and marked as Exh.21. O-Seen and Filed.
Matter is adjourned to 21.01.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2026
Date: 21-01-2026
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Sachin Kadam present for defendant/State.
KB LO at 11.50am
Adv. Sanjay Ranjane for plaintiff filed application for adjournment. TOR and marked as Exh.22. O-Short time granted.
Adv. Sachin Kadam present for defendant/State.
Matter is adjourned to 29.01.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Namrata Kharat h/f Adv. Sachin Kadam present for defendant/State.
KB LO at 12.00pm
Adv. Sanjay Ranjane for Plaintiff present.
Adv. Sachin Kadam present for defendant/State.
Heard arguments of Advocate for plaintiff and defendant/State.
Matter is adjourned to 06.02.2026 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: Adv. Sanjay Ranjane present for plaintiff.
Adv. Siddharth R. Khedekar h/f Adv. Amit Kapse present for defendant no.1/State.
Judgment is pronounced in open court.
F.R.S.R. following Order is passed
ORDER
1.एस.सी.दावा क्रमांक 3133/2013 फेटाळण्यात येत आहे.
2.वादीने दाव्याचा खर्च प्रतिवादीस द्यावा व स्वतःचा स्वत सोसावा.
(S. M. PATIL) Judge, City Civil Court, Gr. Bombay.
Nature Of Disposal: DISMISSED
Disposal Date: 06-02-2026