Mr. Dattaram Ganapat KhatateVsMr. Ashok Ganpat Khatate +8 more

Date: 21-11-2018
Business: Plff present. Adv. Darshan Bharode for the Plaintiff present.
Adv. Mr. M. M. Shetty for Defendant no.1 present.
Adv. Mr. Sanjay Joshi for deft nos. 8 and 9 present.
Deft no. 1, 2, 3, 6 present.
Already tendered Vakalatnama of the plff.
Already tendered memorandum of address of the plff.
Vakalatnama tendered by deft no. 1. t.o.r.
Vakalatnama tendered on behalf of deft no. 8. t.o.r.
Vakalatnama tendered on behalf of deft no. 9. t.o.r.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for restraining the defendants temporarily from creating third party rights in respect of the suit property. t.o.r. Leave granted to register.
Matter is adjd. to 23.01.2019 for proof of service of writ of summons to deft no. 4 and 7/ W.S by deft no. 1, 2, 3, 6, 8 and 9/ reply to N/M by deft nos. 1,2,3,6,8,and 9.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2018

Date: 14-12-2018
Business: By Precipe
None present for the plaintiff.
Adv. M. M. Shetye for defendant nos. 1 and 2 present.
Adv. Sanjay Joshi for deft. no. 8 and 9 present.
Exh.7VP tendered by deft. nos. 1 and 2 present.
Exh.8Written statement tendered by deft. Nos. 1 and 2. TOR
Exh.9Written statement tendered by deft. Nos. 8 and 9. TOR
Reply to tendered by deft. no. 8 and 9.
Matter is already adjd. to 23.1.19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: The Court is busy in mediation work, dictating order and urgent matters. Hence board is discharged.
Matter is adjd. to 26.02.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Resumed.
Advocate Mr. Prashant Kakati for the plaintiff tendered registered N/M no. 4479/18. t.o.r.
Advocate Shetty for defendant nos. 1 and 2 filed reply to N/M. t.o.r.
Advocate Mr. Ganesh Dhonde for defendant nos. 3 to 7 filed Vakalatnama. t.o.r.
Advocate Mr. Sanjay Joshi for defendant nos. 8 and 9 present.
Adjd for N/M hearing to 24.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Resumed.
Adv. Prashant Nakti for plaintiff and Adv. Shetye for defendant no. 1 and 2 Adv. Ganesh for def. no. 3 to 7, Adv. Sanjay Joshi for def. Nos. 8 and 9 are present.
All the Ld. Advocate submit that they will fix a time to give inspection of the document to each other.  Adv. for plaintiff seeks time to file rejoinder.
Adjd for NM hearing to 19.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Prashant Nakti for plaintiff present.
Adv. Shetty for defendant nos. 1 and 2 present.
Adv. Ganesh Dhonde for defendant nos. 3 to 7 present.
Adv. Sanjay Joshi for defendant nos. 8 and 9 present.
Reply to NM filed by deft. no. 2.
The deft. nos. 3 to 7 have not filed their written statement.  Suit to proceed without written statement of defendant nos. 3 to 7.
Original writ of summons tendered by the plaintiff. TOR.
It appears that the written statement filed by defendant nos.  8 and 9 marked as Exh. 9.  The written statement filed by deft. no. 9 is marked as Exh. 11 in order to correct the record.
Written statement of defendant no. 9.
Adjourned for NM hearing to 18.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Prashant Kakati for plaintiff present.
Adv. Shetty for defendant nos. 1 and 2 present.
Adv. Sanjay Joshi for defendant nos. 8 and 9 present.
The Ld. Advocate for the plaintiff seeks time for argument on NM.
Adjourned for NM hearing to 5.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. Prashant Nakati for plaintiff present.
Adv.  for defendant nos. 3 to 7 present.
Adv. Shetty for defendant nos. 1 and 2 present.
Adv. Sanjay Joshi for defendant nos. 8 and 9 present.
Draft NM tendered by defendant nos. 3 to 7 along with supporting affidavit and written statement. Leave is granted to register. Defendant nos. 3 to 7 to serve the NM to the plaintiff.
Adjourned for reply to NM to 5.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2019

Date: 05-11-2019
Business: Adv. Prashant Nakati for plaintiff present.
Adv.  for defendant nos. 3 to 7 present.
Adv. Shetty for defendant nos. 1 and 2 present.
Adv. Sanjay Joshi for defendant nos. 8 and 9 present.
Draft NM tendered by defendant nos. 3 to 7 along with supporting affidavit and written statement. Leave is granted to register. Defendant nos. 3 to 7 to serve the NM to the plaintiff.
Adjourned for reply to NM to 5.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Plaintiff present.
Adv. Mr. Prashant Nakti for plaintiff present.
Adv. Mr. Shetty for deft. nos.1 and 2 present.
Adv. Mr. Dhonde for deft. nos.3 to 7 present.
Adv. Mr. Joshi for deft. nos.8 and 9 present.
N/M no.4576/19 tendered by deft. nos.3 to 7.  T.O.R.
Adv. Mr. Shetty filed reply to N/M no.4576/19.  T.O.R.
Adv. for plaintiff filed reply to N/M.  T.O.R.
Ld. counsel for deft. nos.8 and 9 seeks time to file reply to N/M tendered by deft. nos.3 to 7.  O. - Granted.
On perusal of the record, it appears that plaintiff and deft. no.2 are senior citizens.  Registrar to take the steps and  put up the matter before Hon\''ble Principal Judge for transfer of the matter to the Designated senior citizen court.
The matter is adjd for N/M reply/hearing to 20.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020

Date: 05-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Plaintiff present.
Advocate Mr. M. M. Shetty for Defendant no.1 and 2 present
Advocate Mr. Ganesh Dhende for Defendant no.3 to 7 present
Advocate Mr. Sanjay Joshi for Defendant no.8 and 9 present and filed reply to Notice of Motion no.4576/19, t.o.r.
Case is adjourned to 04/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Advocate Mr. Kava for Plaintiff present
Advocate Mr. M. M. Shetty for Defendant no.1 and 2 present
Advocate Mr. Ganesh Dhote for Defendant no.3 to 7 present
Advocate Mr. Sanjay Joshi for Defendant no.8 and 9 present
                         ORDER ON NM NO.4576/19
This Notice of Motion is taken out by Defendant no.3 to 7 for condonation of delay caused in filing their Written Statement.
Defendant no.6 has filed her affidavit in support of Notice of Motion contending that Defendant nos.3 to 7 are old age persons suffering from ailments and therefore those Defendants could not give the instructions to their advocate for filing Written Statement on their behalf.  It is contended  that Plaintiff will not suffer from prejudice if the Notice of Motion will be allowed.
Plaintiff Dattaram Khatate has filed his affidavit in reply and requested to allow Notice of Motion taken out by Defendant nos.3 to 7.  Defendant nos. 1, 2, 8 and 9 also have filed their affidavits of reply to resist the Notice of Motion contending that Plaintiff and Defendant nos.3 to 7 are in collusion with each other. It is denied that Defendant nos.3 to 7 were unable to give instructions to their lawyers as those Defendants were suffering from various ailments. According to Defendant nos.1,2,8 and 9 Notice of Motion taken out by Defendant nos.3 to 7 is false and it is necessary to be dismissed.  According to Defendant nos.8 and 9 contents of affidavit filed in support of Notice of Motion are false in respect of consent affidavit dated 03/01/1990.
Heard advocate for Defendant nos.3 to 7, Plaintiff\''s advocate and advocate for Defendant nos.1,2,8 and 9.  Admittedly, 9 months delay is caused in filing Written Statement by Defendant nos.3 to 7.   Actually, in plaint age of none of the Defendants is mentioned, however Defendant nos.1, 2 and 9 are present before the Court and  they have submitted that age of Defendant nos.3 to 7 may be more than 60 years. The court can take judicial note of the fact that senior citizens can suffer from various ailments due to age factor and therefore if they are contending that they are suffered from ailments said statement can not be discarded due to their old age.  Any how, Defendant nos.3 to 7 are intending to contest the suit by filing their Written Statement and according to Defendant nos.1,2,8 and 9 Defendant nos. 3 to 7 are in collusion with Plaintiff. Said aspect of collusion will have to be proved by the party who has alleged such collusion by adducing cogent evidence and at the time of considering the Notice of Motion for condoning the delay, in my opinion the aspect of collusion will not come across the way.  Further, it is always better for Plaintiff to get the contested decree, if at all, he is entitled to it.  In such circumstances, I find that Notice of Motion taken out by Defendant nos.3 to 7 can be allowed and delay caused in filing their Written Statement can be condoned subject to cost of Rs.4500/- by all those Defendants together to Plaintiff, hence, I proceed to pass following order -
                                       ORDER
1. Notice of Motion no.4576 of 2019 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.4,500/- to be paid for free legal aid, because Plaintiff has given no objection.
2. It is made clear that after Defendant nos.3 to 7 will deposit cost amount, Written Statement filed by Defendant nos.3 to 7 will be accepted and exhibited.
Case is adjourned to 20/04/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020

Date: 11-05-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-08-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021 for Ch/s Hearing.
None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2021

Date: 20-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021 for Ch/s Hearing.
None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: NOBTOB
Adv Ms.Shaikh for the defendant Nos.3 to 7 present and filed application Exh. For taking the case on today\''s board and to condon the delay caused in depositing the cost. It is already 4.25 pm. today hence, mater be kept tomorrow at 11.00 a.m.
She also filed application Exh.13 for seeking permission to deposit the amount of cost. Put up on 06.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2021

Date: 05-01-2021
Business: NOBTOB
Adv Ms.Shaikh for the defendant Nos.3 to 7 present and filed application Exh. For taking the case on today\''s board and to condon the delay caused in depositing the cost. It is already 4.25 pm. today hence, mater be kept tomorrow at 11.00 a.m.
She also filed application Exh.13 for seeking permission to deposit the amount of cost. Put up on 06.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for the Plaintiff.
Advocate Mr. Ganesh  for Defendant Nos.3 to  7 present.
None present for other defendants.
Heard learned advocate for Defendant Nos.3 to 7. it does not appear that the delay caused in depositing costs as per order dt. 04.03.2020 is intentional. Further more, roznama of 20.10.2020 shows that matter is adjourned to 21.01.2021 for compliance of the order dt.04.03.2020 itself hence, the delay, if any, caused in depositing the costs is hereby condoned and defendants Nos.3 to 7 are permitted to deposit the costs of Rs.4500/- with legal Aid Committee is granted. Application Exh.12 and Exh.13 are thus disposed off as above.
Authenticated copy of this roznama be given to learned advocate for Defendant Nos.3 to 7 for compliance.
Matter is adjd. for hearing on Notice of Motion No.4479/18 of the Plaintiff and for filing draft issues to 21.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: None present for plaintiff.
Defendant No.1 present in person.
None present for ohter defendants.
As nobody is present for plaintiff, considering present pandemic condition, matter is adjd.for NM hearing to 15.04.2021.
Judge
L.O.
Adv Mr. Ravindra Chille h/f adv Mr. Prashant Kakati for plaintiff present and submitted that parties are trying for settlement.
Already adjd. to 15.04.2021.
Judge
L.O.
Adv Ms. Surbhi Gujar for deft Nos.3 to 7 present.
Already adjd. to 15.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 07-07-2021
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. Ravindra Chire i/b Adv. Prashant Nakti for plaintiff present and filed draft NM a/w affidavit in support for initiating action u/s 340 of Cr.P.C. against the D-1. O- Leave to register is granted.
D-1 Ashok present.
Copy of draft NM served on D-1 in the Court today.
Matter is adjd. for NM reply to 29/10/2021.
Judge
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr. Ravindra Chile present for plff.and tendered registered NM No.2492/2021 along with affidavit in support.
Adv Mr. M.M. Shetty for deft Nos.1 and 2 present and filed reply in NM No.2492/2021.
Adv Mr. Ganesh Dhonde present for deft.No. 3 to 6 present.
Adv Mr. Sanjay Joshi for deft Nos.8 and 9 present.
Advocates for the parties submitted that matter may be referred for mediation.
As the dispute is between the family members, it appears  that there exits an element of settlement hence, matter is referred to mediator.
Referral order.
Matter is adjd. for awaiting report of mediator to 07.12.2021.
Next Purpose: REPORT
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: None present for plff.
Deft No.1 present in person.
Adv Mr. Ganesh Donde for deft Nos. 3 to 7 present.
Adv Mr. Sanjay Joshi for deft Nos.8 and 9 present.
It is informed by the advocates present today that the matter before the Mediator is fixed today at 5.00 p.m.
Adjd for awaiting report of mediation to 25.01.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Adv. Shivani Mane h/f. Ganesh Dhonde for defendant Nos.3 to 7 present and filed draft notice of motion alongwith affidavit in support for filing report of forensic expert/handwriting expert in respect of signatures of defendant Nos.3 to 7.
Leave to register is granted with direction to serve the plaintiff.
She also filed affidavit in reply of defendant Nos.3 to 7 in NM No.2492 of 2021. She also filed pursis on behalf of defendant Nos.3 to 7 that Written Statement of those defendants shall be treated as their reply in NM NO.4479 of 2018.
Matter adjourned for awaiting report of mediation to 09.03.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-02-2022

Date: 25-01-2022
Business: Adv. Shivani Mane h/f. Ganesh Dhonde for defendant Nos.3 to 7 present and filed draft notice of motion alongwith affidavit in support for filing report of forensic expert/handwriting expert in respect of signatures of defendant Nos.3 to 7.
Leave to register is granted with direction to serve the plaintiff.
She also filed affidavit in reply of defendant Nos.3 to 7 in NM No.2492 of 2021. She also filed pursis on behalf of defendant Nos.3 to 7 that Written Statement of those defendants shall be treated as their reply in NM NO.4479 of 2018.
Matter adjourned for awaiting report of mediation to 09.03.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: NOBTOB on Court Motion.
Letter dt.02.02.2022 as per Exh.15 of Co-Co-ordinator of Mediation Center received to which, report Exh.16 of Mediator is annexed.
Consent terms as per Exh.17 entered into between plaintiff and defendant Nos.1 to 7 are annexed to the Mediator’s report. Matter is reported to have settled between plaintiff and defendant Nos.1 to 7. Already adjourned to 09/03/2022.
Judge
L.O. at 2.00 p.m.
By preceipe.
Plaintiff is present in person with his Ld. Adv Mr.Prashant A Nakati.
Defendant Nos.1 and 2 are present in person with their Ld. Adv Mr. M.M.Shetty.
Defendant Nos.3 to  7 are present in person with their Ld. Adv Mr.Ganesh Dhonde.
Advocates for plaintiff and defendant Nos.1 to 7 requested to verify consent terms by submitting that defendant No.2 is present in person today who is very old aged more than 92 years.
Consent Terms Exh.17 are received with report of the Mediator today itself with report Exh.16 of Mediator and letter Exh.15 of Co-Coordinator hence, for the reason stated by the advocates for the parties, consent terms are taken up for verification.
On enquiry, plaintiff and defendant Nos.1 to 7 have admitted the contents of the consent terms Exh.17 to be true, correct and admissible to all of them hence, consent terms are read and recorded.
Defendant Nos.8 and 9 have not signed the consent terms. Adv for the plaintiff submitted that plaintiff wants to withdraw the suit against all defendants in view of consent terms. Plaintiff to serve notice on defendant Nos.8 and 9 about filing of the consent terms.
On request of adv. for the plff, matter be kept for service of notice on defendant Nos.8 and 9 about filing of consent terms and for passing final order in view of the consent terms.
On request of adv for plff, matter be kept on 16.02.2022.
Judge
Next Purpose: ORDER
Next Hearing Date: 16-02-2022

Date: 03-02-2022
Business: NOBTOB on Court Motion.
Letter dt.02.02.2022 as per Exh.15 of Co-Co-ordinator of Mediation Center received to which, report Exh.16 of Mediator is annexed.
Consent terms as per Exh.17 entered into between plaintiff and defendant Nos.1 to 7 are annexed to the Mediator’s report. Matter is reported to have settled between plaintiff and defendant Nos.1 to 7. Already adjourned to 09/03/2022.
Judge
L.O. at 2.00 p.m.
By preceipe.
Plaintiff is present in person with his Ld. Adv Mr.Prashant A Nakati.
Defendant Nos.1 and 2 are present in person with their Ld. Adv Mr. M.M.Shetty.
Defendant Nos.3 to  7 are present in person with their Ld. Adv Mr.Ganesh Dhonde.
Advocates for plaintiff and defendant Nos.1 to 7 requested to verify consent terms by submitting that defendant No.2 is present in person today who is very old aged more than 92 years.
Consent Terms Exh.17 are received with report of the Mediator today itself with report Exh.16 of Mediator and letter Exh.15 of Co-Coordinator hence, for the reason stated by the advocates for the parties, consent terms are taken up for verification.
On enquiry, plaintiff and defendant Nos.1 to 7 have admitted the contents of the consent terms Exh.17 to be true, correct and admissible to all of them hence, consent terms are read and recorded.
Defendant Nos.8 and 9 have not signed the consent terms. Adv for the plaintiff submitted that plaintiff wants to withdraw the suit against all defendants in view of consent terms. Plaintiff to serve notice on defendant Nos.8 and 9 about filing of the consent terms.
On request of adv. for the plff, matter be kept for service of notice on defendant Nos.8 and 9 about filing of consent terms and for passing final order in view of the consent terms.
On request of adv for plff, matter be kept on 16.02.2022.
Judge
Next Purpose: ORDER
Next Hearing Date: 16-02-2022

Date: 16-02-2022

NOTICE OF MOTION/100546/2022
NOTICE OF MOTION/104576/2019
NOTICE OF MOTION/104479/2018
NOTICE OF MOTION/102492/2021

Registration Number: 102852/2018
Transfer Date: 20-01-2020
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102852/2018
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: 113644/2018
Filing Date: 05-10-2018
First Hearing Date: 21st November 2018
Decision Date: 16th February 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE