Anil Kumar MauryaVsRashtra Sarathi Sukhada CHS Ltd.

Date: 16-12-2019
Business: None present.
Service report of Writ of summons is awaited.
Adjourned for service report to 6.02.2019.
Next Purpose: SERVICE
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Plff and his Adv absent.
Adv Nandu Pawar for deft present.
Exh 02 - He filed VP. t.o.r.
He seeks time to file WS.
Matter stands Adj for written statement to 05/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: P. O. is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv Nandu Pawar for deft present.
Adv Nikita Modi plff present.
She filed VP for plff. t.o.r.
She is directed to registered NM 4462/2019.
Matter stands Adj for NM reply to 15/04/2020.
Next Purpose: REPLY
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 22-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-06-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: REPLY
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 03-11-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present for plff.
Adv Nandu Pawar for deft present.
Exh 06 - He filed pursis that written statement be treated as reply to NM.  Granted.
Matter stands Adj for NM Hearing to 18/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Plff and his Adv absent.
Nandu Pawar for deft present.
Last chance granted to plff for NM hearing.
Matter stands Adj for NM Hearing and in default of dismissal to 10/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv Dhara Shah for plff present.
She did not tendered original registered NM.  She is directed to tender original NM before next date.
Adv Nandu Pawar for deft present.
Matter stands Adj for NM Hearing to 17/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021

Date: 17-04-2021
Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Due to covid-19 matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Both parties and their Adv absent.
Matter stands Adj for NM Hearing to 06/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Bharti Bhogeshra for plff present.
She tendered registered NM 4462/2019. t.o.r.
Adv Dr. Kirti Kulkarni appeared for defts.
Exh 07 - She filed VP for defts. t.o.r.
Matter stands Adj for NM Hearing to 18/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv Mamata Tiwari for plff present.
She seeks time for NM Hearing.  Granted.
Adv Kirti Kulkarni for deft present.
Matter stands Adj for NM Hearing to 09/12/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: None for plff.
Adv Kirti Kulkarni for deft present.
Heard Adv for deft on NM.
Matter stands Adj for NM Order to 14/12/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: P. O. is on Leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv Mamata Tiwari for plff present.
Adv Kirti Kulkarni for deft present.
On the last date Adv for plff was absent.  Today she seeks permission for NM Hearing.  Accordingly Adv for plff is heard on NM.  So also heard Adv for deft on NM.
Hence matter stands Adj for NM Order to 05/01/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: None present.
F. R. S. R. following order is passed -
ORDER
1. Notice of motion no. 4462/2019 is dismissed with costs.
2. Costs shall follow the event.
3. Notice of motion no. 4462/2019 is disposed of  accordingly.
Matter stands Adj for Draft Issues to 14/03/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv Vision Dholakia for plff present.
She filed draft issues. t.o.r.
Adv Sankalan Das for deft no. 1 present.
Matter stands Adj for Draft Issues to 26/04/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: None for plff.
Adv Sankalan Das for deft present.
P. O. is busy in dictating Judgment in SU 7780/1998 and order on NM 1396/2022, NM 1662/2022 in SU 814/2022.
Hence matter stands Adj for Draft Issues to 06/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None for plaintiff present.
Adv. Dr. Kirti Kulkarni for defendant present.
Draft issue not filed by defendant.
Parties are directed to give CTS number of suit property.
Matter is adjd for framing issue to 19/11/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: None  for plaintiff present.
Adv. Sankalan Das  for defendant present.
He filed draft issue. TOR.
Matter is adjd for framing issue to  09/02/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None for plaintiff.
Adv. Sankalan Das h/f Adv. Kirtee Kulkarni for defendant present.
Last chance granted to plaintiff to argue on framing issues.
Matter adjourned for framing issues to 24.04.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: None  for plaintiff present.
Adv. Dr. Kirti Kulkarni for defendant present.
Issues Framed Exh 8.
Matter adjourned for R/E to 11/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Advocate Ms. Priyanka Balla h.f Advocate Mr. Satish Agarwal for plaintiff present and seeks time to adduce evidence. O- Last chance granted.
Advocate Dr.Kirti Kulkarni for defendant present.
Matter adjourned for R.E. on 10.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: (NOB-TOB for placing the matter before National Lok-Adalat will be held on 09/09/2023.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the matter. Both parties are directed to remain present before National Lok-Adalat to be held on 09.09.2023 at 10.00 a.m.
Issue notice to both parties to remain present before National-Lok-Adalat.
Matter is adj. to 09/09/2023 for National Lok-Adalat.
Matter is already adjourned for R.E. on 10.10.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Both parties are absent.
Matter is not settled.
Case is adjourned to 04/12/2023.
Next Purpose: FOR___________________
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: (BY PRECEIPE)
Advocate Dr. Kirti Kulkarni for defendant present.
Matter adjourned for Recording Evidence on 04.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Advocate Ms. Deepti Kulkarni for defendant present.
Plaintiff and advocate absent.
Kept back
Later on at 01.50 P.M.
Plaintiff present.
Advocate Mr. Prathamesh Wanmare h.f. Advocate Satish Agarwal for plaintiff present and he filed affidavit of  examination in Chief of Plaintiff witness- Anil Kumar Maurya taken on record and marked as Exhibit-9.
He filed list of document taken on record and marked as Exhibit-10.
He also filed certificate of the Plaintiff u/S. 65B of Indian Evidence Act taken on record and marked as Exhibit-11.
Copy served on other side.
Advocate Ms. Deepti Kulkarni for defendant present.
Matter adjourned for Recording Evidence P.H. on 09.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Both parties and advocate absent.
Matter adjourned for Recording Evidence on 02.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Plaintiff and advocate absent.
Advocate Dr. Keerti Kulkarni for defendant present.
Matter adjourned for Admission / Denial and Recording Evidence on 16.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Plaintiff and advocate absent.
Advocate Dr. Keerti Kulkarni for defendant present and filed submission on the point of admission / denial. Copy be served to other side.
Matter adjourned for Recording Evidence on 20.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: (BY PRAECIPE)
Advocate Dr. Keerti Kulkarni for defendant present and filed application for prepond the matter. Read application and papers on record. Considering the grounds mentioned in the application, matter is prepond on 18.04.2024.
Defendant is directed to inform the prepond date to plaintiff.
Matter already adjourned on 18.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Advocate Dr. Keerti Kulkarni for defendant present.
Plaintiff and advocate absent.
O- Last chance granted to plaintiff.
Matter adjourned for Recording Evidence on 29.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Advocate Ms.Keerti Kulkarni for defendant present.
Advocate Deepak Shinde for plaintiff present.
The record shows that matter is pending for the hearing on admission and denial, however plaintiff has not taken any effective steps for the same. Already on 18.04.2024 last chance was granted to the plaintiff for recording of evidence. Hence the matter is granted as a last chance. The plaintiff is specifically directed to make his submission on the admission and denial of document. Otherwise suit will be dismissed for want of prosecution.
The copy of objection regarding the denial of the document handed over to the plaintiff advocate Deepak Shinde in open court.
Matter is adjourned for Admission / Denial on 22.08.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Advocate Mr. Satish Agarwal for plaintiff present and seeks time. O- Granted.
Advocate Dr. Keerti Kulkarni for defendant present.
Plaintiff is hereby directed to make his submission on admission / denial on next date, otherwise suit will be dismissed for want of prosecution.
Matter is adjourned for Admission / Denial on 04.10.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: Advocate Yash P. Tated for plaintiff present.
Advocate Dr. Keerti Kulkarni for defendant present and has taken strong objection for exhibiting the document.
The documents (Exhibit-10) from Sr. No. 1 to 9 are received in evidence for identification purpose only and marked as Exhibit- 12 to 20 subject to proof of truth of its contents.
The documents (Exhibit-10) at serial no. 1 to 9 are exhibited as follows-
Serial no.1 Copy of Jasraj Hospital, managed by Nefrons Medical Report is marked as Exhibit-12.
Serial no.2 Original Agreement for Leave and License dated 23.02.2019 is marked as Exhibit-13.
Serial no.3 Copy of Nomination form of State Bank of India bearing Account No. 00000036934145100 is marked as Exhibit-14.
Serial no.4 Copy of the WILL executed by Late Indra Ramchand Mansinghani in favour of Mr. Anil Kumar Maurya is marked as Exhibit-15.
Serial no.5 Case Status of the Testamentary Petition filed in High Court is marked as Exhibit-16.
Serial no.6 Copy of the death certificate issued by Municipal Corporation of Greater Mumbai is marked as Exhibit-17.
Serial no.7 Original of Care taker agreement dated 02.02.2019 is marked as Exhibit-18.
Serial no.8 Copy of verification dated 27.02.2019 is marked as Exhibit-19.
Serial no.9 Original of Maintenance bill is marked as Exhibit-20.
Matter is adjourned for Recording Evidence on 21.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2024

Date: 21-11-2024
Business: Advocate Dr. Keerti Kulkarni for defendant present.
Plaintiff and advocate absent.
O- Last chance granted to plaintiff.
Matter is adjourned for Recording Evidence on 23.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: Advocate Dr. Keerti Kulkarni for defendant present.
Plaintiff and advocate absent.
Matter is pending for cross-examination. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to lead his evidence otherwise matter will be dismissed for default.
Matter is adjourned for Dismissal on 15.03.2025.
Later on
Advocate Rachana Rana for plaintiff present.
Matter is adjourned for Dismissal on 15.03.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: P.O IS ON LEAVE
Next Purpose: DISMISSAL
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: Plaintiff present.
Advocate Keerti Kulkarni for defendant present
Advocate Ms.Sanika Kajale for plaintiff present.
Plaintiff have filed withdrawal application. Taken on record and marked as Exhibit-21. O- Granted.
In view of application Exhibit-21, Suit No.3098 of 2019 is disposed of as withdrawn unconditionally.
Court fees be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-03-2025

Filing Number: 111373/2019
Filing Date: 17-10-2019
First Hearing Date: 16th December 2019
Decision Date: 20th March 2025
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE