Date: 03-01-2020
Business: Advocate Mr. Vishal Dhamal for Plaintiff present and submitted that copy of Notice of Motion taken out by Defendant is not served upon Plaintiff.
None present for Defendant.
K.B. at 2.45 p.m.
L.O.
Advocate Mr. Vishal Dhamal for Plaintiff present and submitted that copy of affidavit filed in support of Nm is served but NM is not served. Defendants advocate undertook to serve copy of NM upon advocate for Plaintiff.
Advocate Ms. Priyanka Chavan for Defendant present and filed registered Notice of Motion no.4448/2019 with affidavit in support, t.o.r.
Case is adjourned to 03/03/2020 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Advocate Mr. Dhamal for Plaintiff present and filed reply to Notice of Motion taken out by Defendants, t.o.r. Plaintiff is directed to serve copy of NM reply upon Defendants.
None present for Defendants.
Case is adjourned to 07/04/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 30/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv Mr. Sajid Shaikh for all deft present and mentioned the matter in the morning session.
He seeks adjournment by submitting that copy of reply filed to NM by the plff is yet not served on the defts by the plaintiff.
K.B. as matter is fixed on the board of afternoon session.
L.O. at 2.30 pm.
None appeared for the plff. Advocate for deft had mentioned the matter in the morning and had claimed the adjournment.
As nobody appeared for the plff in the afternoon session also,
Matter is adjd. for NM hearing to 06.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None present for plff.
Adv Mr. Bharat Patel for defendant present and submitted that copy of NM reply is yet not served on the defendant by the plff.
Plff to serve the copy of NM reply if not served earlier.
As nobody is present for plff, matter is adjd. for NM hearing to 26.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Dhamal for plaintiff present.
Adv. Shaikh for defendants present and submitted that D-2 has expired. He seeks time to serve copy of death certificate on the plaintiff.
By consent matter is adjd. for steps to 21/10/2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv Mr. Dhamal present for plff.
Adv.Mr. Sajid Shaikh present for deft. and served the copy of legal heirs and death certificate.
Adv. for plff seeks time to take steps.
Matter is adjd. for taking steps to 15.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Plff No.2 present and seeks adjournment.
Adv Mr. Bharat Patel present for deft.No.2.
Matter is adjd. for tendering registered Ch/s No.1520/2021 in Court by the plff and for reply of deft No.2 to 19.01.2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-03-2022
Date: 19-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv Mr. Dhamal present for plff.
Adv Ms. Shweta Chavan present for deft No.1 and filed affidavit in reply in Ch/s No.1520/2021. Copy given to the adv for plff.
By consent, matter is adjd. for Chs hearing to 17.06.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv.Dhamal for plaintiff present.
KB
LO at 04.00 pm
Adv.Dhamal for plaintiff present.
Adv.Bharat Patel for deft. present.
The plaintiff filed copy of death certificate of deft.No.2 t.o.r. and marked as Exh.3.
Heard adv.of plaintiff and adv.for defendants in Ch/s. No.1520/21.
Following order is passed in chamber summons No.1520/21.
Read the chamber summons, affidavit in support and reply. Read the death certificate filed today at Exh.3. The plaintiff wants to taken record the legal heirs of deceased defendant No.2. It is the contentions of the defendants that name of proposed legal heir of defendant No.2a is Raju Devidas Gholap and not Raju Divesh Gholap. Considering the death of defendant No.2 are legal heirs are required to be taken on record. The amendment is required to be allowed, hence, I pass the following order.
ORDER
1. Chamber Summons No.1520/2021 is allowed in terms of prayer clause (a) and (b).
2. The plaintiff is allowed to carry out the amendment within stipulated time.
3. Chamber Summons is disposed of accordingly.
Matter adjd to 19.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2022
Date: 19-07-2022
Business: Adv.Dhamal for plaintiff present.
KB
LO at 04.00 pm
Adv.Dhamal for plaintiff present.
Adv.Bharat Patel for deft. present.
The plaintiff filed copy of death certificate of deft.No.2 t.o.r. and marked as Exh.3.
Heard adv.of plaintiff and adv.for defendants in Ch/s. No.1520/21.
Following order is passed in chamber summons No.1520/21.
Read the chamber summons, affidavit in support and reply. Read the death certificate filed today at Exh.3. The plaintiff wants to taken record the legal heirs of deceased defendant No.2. It is the contentions of the defendants that name of proposed legal heir of defendant No.2a is Raju Devidas Gholap and not Raju Divesh Gholap. Considering the death of defendant No.2 are legal heirs are required to be taken on record. The amendment is required to be allowed, hence, I pass the following order.
ORDER
1. Chamber Summons No.1520/2021 is allowed in terms of prayer clause (a) and (b).
2. The plaintiff is allowed to carry out the amendment within stipulated time.
3. Chamber Summons is disposed of accordingly.
Matter adjd to 19.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Mohan Dhamal for plaintiff present.
Adv. Bharat Patel for defendant Nos. 1 to 3 present.
Adv. for plaintiff requested for extension of time to carry out the amendment as per the order dated 19.07.2022.
ORDER- Time limit for carrying out amendment is extended by 14 days.
Matter adjd to 22.11.2022 for compliance and for filing service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2022
Date: 19-09-2022
Business: Adv. Mohan Dhamal for plaintiff present.
Adv. Bharat Patel for defendant Nos. 1 to 3 present.
Adv. for plaintiff requested for extension of time to carry out the amendment as per the order dated 19.07.2022.
ORDER- Time limit for carrying out amendment is extended by 14 days.
Matter adjd to 22.11.2022 for compliance and for filing service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: None present for plaintiff.
Adv.Shweta Chavan for deft No.1 to 3 present. She submits that copy of amendment plaint is not received.
Matter adjd to 17.02.2023 for service affidavit of amended plaint.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023
Date: 22-11-2022
Business: None present for plaintiff.
Adv.Shweta Chavan for deft No.1 to 3 present. She submits that copy of amendment plaint is not received.
Matter adjd to 17.02.2023 for service affidavit of amended plaint.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. Dhamal for plaintiff present, he requested for date for filling service affidavit.
L.O. 3.45pm
Adv. Vishal M Dhamal h/f Adv. Dhamal for plaintiff present on request of plaintiff.
Matter adjd to 13-04-2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv.Vishal Dhamal for plaintiff present and filed amended plaint. TOR. It be kept alongwith Exh.1.
Adv.Bharat Patel i/b.Adv.Shaikh for defendant No.2a, 2b, 2c present. He undertakes to file vakalatnama on next date.
Copy of amended plaint is received by Adv.for defendant.
Matter adjd to 27.07.2023 for additional WS, if any.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. M. Dhamal for plaintiff present.
None for defendant
Since the Lrs of deceased defendant no. 2 have been not on record, writ of summons be issued to them. Plaintiff to take steps accordingly.
Matter is adjd.to 11-09-2023 for return of writ of summons in respect of defts. no. 2a to 2c and for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 27-07-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Mohan Dhamal for plaintiff present and filed original writ of summons along with bailiff report t.o.r. marked as Exh.4
He also filed application for issuance of fresh writ of summons through bailifff to defts. No. 2a, b and c t.o.r. marked as Exh.5 O- allowed.
None for defendant
Matter is adjd.to 25-10-2023 for nm hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 21-11-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Adv. Dhamal for plaintiff present.
None for defendant
Matter is adjourned to 05-12-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Dhamal for plaintiff present.
None for defendant.
Matter is adjourned to 05.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Adv.Vishal M. Dhomal for plaintiffs present.
Adv. Sajid Shaikh for defendant present.
Matter is adjourned to 21-02-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Adv. Dhamale for plaintiff present.
Adv. Prajakta Banvir for defendant no. 2a to 2c present and filed vakalatnama on behalf of defendant no. 2a to 2c it is taken on record and marked as Exh.06.
From the perusal of the roznama dtd. 19-07-2022 it is seen that the CS No. 1520/21 was allowed and the plaintiff was directed to carry out amendment in the plaint by bringing on record the legal representatives of deceased defendant no. 2. the plaintiff however doest appear to have amendment in terms of the said order dtd. 19/07/2022. plaintiff to take steps in that regard. Hence matter stands adjourn for steps and hearing on NM.
Matter is adjourned to 10-04-2024 for Steps/ NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024
Date: 21-02-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 10-04-2024
Business: Adv. Mohan Dhamal for plaintiff present.
Adv. Prajakta Barve for defendant 2a to 2c present.
The Ld counsel for the plaintiff submit the original writ of summons along with bailiff report, Tor and marked as Exh 7. In view of the same bailiff report it appears that the said defendant 2a to 2c are duly served with the writ of summons 18.12.2023. They have filed there written statement. Hence matter adjourned for order against the said defendant no. 2a to 2c and for hearing in notice of motion.
Matter is adjourned to 21.06.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Vishal Dhamal for plaintiff present.
Adv. Sajid Shaikh for defendant no. 1 and 2a to 2c and 3 present
Matter is adjourned to 24-07-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: Adv. Vishal Dhamal for plaintiff present.
Adv. Sajid Shaikh for defendants present and filed additional affidavit in support of NM No. 4448/19 of defendant No. 1. It is taken on record and marked as Exh. 7. He also filed draft NM alongwith affidavit in support. O- leave is granted to registered draft NM.
Matter is adjourned to 24-09-2024 for affidavit in support and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Adv. Vishal Dhamal for plaintiff present and filed reply in NM No. 3777/24. It is taken on record and marked as Exh. 08.
None for defendant.
Copy of registered NM No. 3777/24 is not yet tendered by the plaintiff.
Matter is adjourned to 21-11-2024 for NM hearing. Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None present.
KB at 02.45pm
Later on
Adv. Vishal Dhumal for plaintiff present.
Adv. Sajid Shaikh for all defendants present and tendered original notice of motion No.3777 of 2024.
Advocate of plaintiff already filed reply to NM No.3777/24 at Exh.8. Copy of reply served to defendant today itself.
Heard both the sides on NM 3777 of 2024.
Order on Notice of Motion No.3777 of 2024.
Advocate of plaintiff seriously opposing the delay caused in filign written statement. Considering the time period spend and the ground stated the written statement can be taken on record. Delay is condoned. Written statement is taken on record. It is mrked as Exh.9. Notice of Motion No.3777 of 2024 is accordingly disposed off.
Heard both the sides on NM 4448/19.
Order on NM 4448 of 2019.
Heard on behalf of the parties. Perused the notice of motion. Considered the reasons assigned they are not such that the defendants not benefited for delay. Considering the reasons assigned the delay in filing the written statement can be condoned subject to payment of cost. Defendants to pay cost of Rs.5,000/- (Five Thousand Only) to The Bombay City Civil and Sessions Court, Bar Association Library within four weeks from today. If costs are not pay the notice of motion stands dismissed without reference to this court. Notice of Motion No.4448 of 2019 is accordingly disposed off.
Adjourned on 20.12.2024 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 21-11-2024
