Date: 03-01-2020
Business: Matter is called out at 3.22pm
Advocate for plaintiff present tendered registered C/S No.2215/19. T.O.R
Adv.Mohan Shetty for defendant no.1 present filed reply. T.O.R.
Issue notice to the proposed legal heir of defendant no.3.
returnable on 29/02/2020.
Matter is adj to 29/02/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Matter is called out at 2.56pm
Adv.Suresh More for plaintiff present.
Adv.Mohan Shetty for defendant no.1 and 2 present.
Adv. for plaintiff seeking time to serve to the legal heir of defendant no.3 as they have change their address. Time granted.
Adv. for plaintiff filed affidavit of rejoinder. T.O.R
Matter is adj to 13/04/2020 for service report.
Next Purpose: REPORT
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 19-01-2021 for report.
Next Purpose: REPORT
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Mohan Shetty for def. no. 1 and 2 present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 16.03.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Suresh More for plaintiff present. He requests to allow service of notice to RPAD. Permitted RPAD service.
None for defendant.
Adjd to 22.06.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: None for parties.
Due to Covid-19 pandemic, adjd. to 25.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Suresh More for plaintiff present.
Plaintiff present.
Adv. Mohan Shetty for defendant No. 1 and 2 present.
Adv. for plaintiff stated that the notice was issued to the legal heirs of deceased defendant NO. 3 in Ch/s No. 2215/19. The registered envelope returned back with remark in the given address the said person is not residing hence prayed to adjourn the suit.
Adjd for taking steps in Ch/s No. 2215/19 to 25/10/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Dt.25/10/2021
Suit 3160/13
CS 2215/19
NM 879/19
NM 856/14
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Vilas A. Jadhav h/f Adv. Suresh More for plaintiff is present and prayed for adjournment.
Plaintiff is present.
Adv. Mohan Shetty for deft no.1 and 2 present.
Adjd for Steps to 06/12/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Plaintiff present and stated that advocate is unable to come today.
Adv. Mohan Shetty For defendant No. 1 and 2 present.
Adjd for taking steps as last chance to 25/01/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. Suresh More for plaintiff present.
Adv. For plaintiff tendered draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Adv. For defendant present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for registration of NM/NM reply to 08/03/2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Mohan Shetty For defendant no.1 and 2 present.
The plff to argue on next date failing which NM will be decided without argument of plff.
Adjd for argue to 08-04-2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. Vilas Jadhav h/f Adv. Suresh more For plaintiff present. Plaintiff present.
Adv. Mohan Shetty For defendant No. 1 and 2 present.
Adv. For plaintiff tendered registered NM No. 459/22 along with affidavit in support. T.O.R.
ORDER in notice of motion No. 459 of 2022
The chamber summons to bring legal heirs of deceased deft N. 3 is still pending the NM No. 459/22 is filed in suit the said NM should have been filed in chamber summons and not in suit. Service to the legal heirs of defendant NO. 3 is by the clerk of advocate for plaintiff. It is a private service and contention that the legal heirs of deceased defendant No.3 refused to accept it in such circumstances cannot be accepted. The notice is served through post it has returned back with remark “person not residing at the said address”.
Plaintiff on oath stated that he did not find the new address of legal heirs of deceased defendant No. 3. Therefore prayed to serve the deceased defendant No 3 under order 5 rule 20 by publishing notice in two newspapers ‘Navshakti’ (Marathi) and ‘Free Press Journal’ (English).
Adv. For defendant No. 1 and 2 stated that he has no objection to allow the notice of motion.
Considering the report of postal remark that the concerned person is not residing in the address, the plaintiff could not get the new address of the legal heirs of deceased defendant
No. 3 .The affidavit on oath of plaintiff is accepted and legal heirs of defendant NO. 3 are to be served under order 5 rule 20 of Civil Procedure code by way of paper publication. Hence pass following order :
ORDER
1. The Notice of motion is allowed.
2. The notice of chamber summons No. 2215 of 2019 be served to legal heirs of deceased defendant No. 3 through paper publication to be published in daily newspaper ‘Navshakti’ (Marathi) and ‘Free Press Journal’ (English).
3. Accordingly, Notice of motion is disposed of.
Adjd for compliance to 04/07/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Next Purpose: FOR___________________
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Suresh More for plaintiff present.
Adv. Mohan Shetty for defendants no.1 and 2 present.
Heard both sides in C/S No. 2215/19
F.R.S.R. following order is passed in C/S No. 2215/19 -
ORDER
1. Chamber Summons No. 2215/22 is made absolute in terms of prayer clause (a) and (b) subject to costs of Rs. 1000/- payable to defendants no. 1 and 2 or their learned counsel.
2. The plaintiff is directed to carried out amendment in the plaint as well as NM No. 856/14 and NM No. 879/19 on or before the next date of hearing.
3. Proceeding of C/S No. 2215/22 is closed.
Adv. Mohan Shetty received cost of Rs. 1000/-
Matter is adjd. to 12-12-2022 for amendment/ compliance.
Nature Of Disposal: OTHER
Disposal Date: 29-09-2022