Smt. Ratnamala Tanaji PanditVsMr. Satish Manohar Ghag +3 more

Date: 23-01-2020
Business: Advocate Ms. Surbhi Gujar for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Plaintiff is directed to serve copy of NM upon other side. Plaintiff advocate also sought extension of time for service of writ of summons upon  Defendant no.4. Time extended till next date.
Advocate Mr. Wasani for Defendant no.1 to 3 present and submitted that on next date he will file vakalatnama for Defendant nos.1 to 3.
Case is adjourned to 06/03/2020 for filing vakalatnama by Defendants, NM reply by Defendant nos.1 to 3 and affidavit of service in respect of Defendant no.4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 04/02/2021 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Ms.Surabhi Gujar h/f Adv Harish Pawar for plff present and tendered registered NM No.836/2020 along with affidavit in support. She also filed affidavit of service.
Adv Ms. Trupti Nikam appeared for deft No.4 and gave oral undertaking that she will file VP on behalf of deft No.4 on next date.
Her  oral undertaking is accepted.
Adv Wasani had given undertaking on 23.01.2020 that he will file vakalantanm on behalf of deft Nos.1 to  3 on next date. Said advocate is not present today.
Deft Nos.1 to  3 are also not present, hence, NM NO.836/2020 to proceed without reply of deft Nos.1 to 3.
Adjd. for filing VP for deft No.4 by Adv Nikam and reply of deft No.4 to NM No.836/2020 to  09.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv Shri Nikesh Tapal h/f. Harish Pawar for plff present and seeks adjournment by submitting that his senior advocate Pawar is not feeling well. Matter is on the afternoon board hence, KB.
LO in the afternoon session.
None present for defendants.
Considering the present Pandemic Condition and SOP issued by Hon’ble High Court, matter adjourned at same stage beyond summer vacation to 15.07.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: None present for plaintiff.
Plaint.
Vakalatnama of advocate Shri Harish Pawar for plaintiff.
Registered address of plaintiff.
List of documents.
Adv. Trupti Chavan for defendant No.4 present and filed vakalatnama at Exh.5 on behalf of defendant No.4.
She seeks liberty to file WS on behalf of defendant No.4 by submitting that WS is ready. Liberty to take out appropriate NM for delay condonation is granted.
A nobody is present for plaintiff considering the present Pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage.
Matter is adjourned for filing WS to 18.08.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv Mr. Nikhil Tapal for plff present.
Adv Ms. Trupti Chavan for deft No.4 present and seeks time to take out NM for delay condonation.
None present for deft Nos.1 to  3
By matter is adjd. for NM hearing to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv Mr. Pawan Tiwari present for plff.
Adv.Ms.Lokre  present for deft.No.4 and filed  draft Notice of Motion   along with affidavit in support for delay condonation. O-Leave to register is granted with direction to serve the plff.
By consent, matter is adjd. for NM reply to 22.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv.Harish Pawar for plaintiff present.
Adv.Shweta Boradia for deft.No.4 Present.
The deft No.4 filed draft notice of motion (delay) a/w. Affidavit in support. O-Leave granted to register draft NM.
The deft No.4 filed WS. WS is kept for order.
Copies of draft NM, affidavit and WS are received by adv. of plaintiff.
Adv. of plaintiff filed reply to draft NM t.o.r. and marked as Exh.6.
ORDER BELOW EXH.1
Issue suit summons to the defendant No.1 to 3.
Matter adjd to 12.09.2022 for service affidavit and hearing of NM (delay).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: PO is on leave in Second Session.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv.Pawant Tiwari for plaintiff present.
Adv.Rujuta Lokare for defendant No.4 present.
Adv. for the plaintiff requested for extension of time to serve defendant No.2. Time is extended.
On oral request of both parties matter adjd to 08.02.2023 for service affidavit in suit and hearing of NM (delay).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv.Charusheela Gorad h/f.Adv.Harish Pawar for plaintiff present.
Adv.Trupti Chavhan for defendant No.4 present and requested for extension of time to register draft NM.  O-Time is extended to register draft NM.
Adv. for plaintiff requested time for extension of time to serve the suit summons on defendant Nos.1 to 3. O-Time is extended for service of suit summons on defendant Nos.1 to 3.
Matter adjd to 19.07.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: (NOB TOB By preceipe)
Adv. Charushila Borad h/f Adv. Harish Pawar for plaintiff present and filed preceipe t.o.r. marked as Exh.7
She requested to serve writ of summons to defendants no. 1 to 3 .
None for defendant
O-Time extended to serve the writ of summons to defendants no. 1 to 3 as a last chance.
Matter is already adjd.to 04-10-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Adv. Charushila Gorad for plaintiff present
Adv. Manisha Karkar for defendant no. 4 present.
On the request of plaintiff counsel, matter adjourned.
Matter is adjd.to 22-11-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Adv. Shivam Gavade  for plaintiff present and filed original writ of summons along with bailiff report taken on record marked as Exh.8
He also tendered application for substitute service upon defendant no. 2 taken on record marked as Exh.9
Adv. Trupti Chavan for defendant no. 4 present.
k.b.
letter on as court is busy in hearing other matters and order in NM 4208/23 hence for paucity of time.
Matter is adjourned to 16-01-2024 for order on Exh.09.
Next Purpose: ORDER
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Adv. Shivam Gavade for plaintiff present.
None for defendant
Matter is adjourned to 31-01-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: Adv. Shivam Gavade h/f Adv. Harish Pawar for plaintiff present.
None for defendant.
Order below Exh. 9 -
By this application plaintiff would seek service of writ of summons on defendant no. 2 by means of substituted service since the various attemps made by the bailiff to serve the defendant no. 2 resulted in failure since the residential premises of defendant no. 2 were found locked. The application is supported by the bailifff report. In view of the matter therefore application Exh. 9 needs to be allowed and stands allowed. The defendant no. 2 be served with writ of summon by month of substituted service under sub Rule 1 of Rule 20 Order 5 of C.P.C..
Matter is adjourned to 20-03-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Adv. Shivam Gawade for plaintiff present.
None for defendant
Matter is adjourned to 11-06-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: Adv. Shivam Gawade h/f Adv. Harish Pawar for plaintiff present and filed affidavit of service It is taken on record and marked as Exh.10
None for defendants
Application for extension of date of summons is filed. It is taken on record and marked as Exh.11. It is granted.
The bailiff report shows that defendants no. 1 and 3 are duly served but they failed to appear. Hence, the suit is proceeded ex parte against both the defendants no. 1 and 3.
Matter is adjourned to 08-08-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Adv.Shivam Gawade h/f Adv.Harish Pawar for plaintiff present and filed affidavit of service. It is taken on record and marked as Exh.12.
None for defendant present.
Matter is adjourned to 24/09/2024 for ex–parte order against defendant No.2.
Next Purpose: ORDER
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Adv. Shivam Gavde for plaintiff present.
None for defendant.
Matter is adjourned to 07-11-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Adv. Shivam Gawade for plaintiff present and heard in NM No.1853/2023.
None for defendant.
F.R.S.R. following order passed in NM 1853/2023 -
Order
1. Notice of Motion No.1853/2023 is hereby allowed.
2. Defendant No.4 do pay costs of Rs.3,000/- to the plaintiff on or before next date and after compliance of this direction his written statement be taken on record.
3. Notice of Motion No.1853/2023 is accordingly disposed of.
Matter is adjourned to 11.12.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: Adv. Shivam Gawade for plaintiff present.
None for defendant.
Matter is adjourned to 07.02.2025 for Ex-parte order against defendant No.2.
Next Purpose: ORDER
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: None for plaintiff present.
Adv. Adesh kachare for defendant present and filed application for depositing costs in 4 for compliance of order dtd. 07.11.2024 in NM No. 1853/2023. It is taken on record and marked as Exh. 13.
O- Permission is granted as prayed to deposit costs with C and F Department.
Matter is adjourned to 21.02.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: Adv. Shivam Gawade for plaintiff present.
Adv. Adesh Kachare for defendant no.4 present and tendered compliance pursis regarding order Dtd.07.11.2024.  It is taken on record and marked as Exh.14.
In view of the compliance pursis Exh.14 WS defendant no.4. It is taken on record and marked as Exh. 15.
Matter is adjourned to 17.04.2025 for Ex-party order against defendant no.2.
Next Purpose: ORDER
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: None for plaintiff.
None for defendant.
Later on,
Adv. Rudra Kanekar for plaintiff present.
Order
On perusal of bailiff report 08.09.2022 it appears that when bailiff had gone to serve writ of summons upon defendant no.2 on 06.09.2022 at that time he was not found in the premises and it was locked. Thereafter again on 07.12.2022 bailiff had gone to serve writ of summons upon defendant no.2 and at that time also he was not found in the premises and it was locked. Therefore summons could not be served upon the defendant no.2. But thereafter the plaintiff appears to have taken out CS for affixing writ of summons on the last known address of defendant no.2. On perusal of bailiff report dtd.01.08.2024 it appears that bailiff has affixed summons upon the last known address defendant no.2. Inspite of which the defendant No. 2 failed to appear. Hence, suit to proceed ex-parte against defendant no.2.
Matter is adjourned to 19.06.2025 for ex-parte argument against def.no.2 on NM No. 836/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: Adv. Rudra Kanekar for plaintiff present and submitted that def. no.1 has expired. Hence, he want to take steps to take the legal heir on record.
None for defendant.
Later on at 4.15 pm
Adv. Parag Sawant h/f Pradip Chavan for defendant present.
Matter is adjourned to 12.09.2025 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Adv. Shivam Gawade for plaintiff present.
None for defendant.
Later on at 4.10 pm
Adv. Parag Sawant for defendant no.4 present.
Matter is adjourned to 03.12.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Rudra Kanekar i/b Adv. Harish Pawar for plaintiff present.
Adv. Parag Sawant h/f Pradeep Chavan and associates for defendant no. 4 present.
Matter is adjourned to 12.02.2026 for steps by the plaintiff.
                                                                                        Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Rudra Kanekar for plaintiff present.
Adv. Sushant Vahalkar h/f Pradeep Chavan and Associatesfor defendant no. 4 present.
Record shows that the plaintiff is aware about the death of defendant no. 1 since prior to 19/06/2025, but inspite of that plaintiff has not taken any steps against deceased defendant no. 1. Hence, the suit is abated against defendant no. 1.
Matter is adjourned to 09.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 2.45 pm
Adv. Shivam Gawde for plaintiff present.
None for defendant.
As court is busy in hearing NM 4435/2024 and NM 3442/2024 hence matter adjourned.
Matter is adjourned to 21.04.2026 for NM hearing.
Later on at 03.30 pm
Adv. Sushant Vahalkar h/f Pradip Chavan and Associates for defendant no. 4 present.
Matter is adjourned to 21.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Sonal Bhor h/f Adv. Harish Pawar for plaintiff present.
Adv. Sushant Vahalkar h/f Pradip Chavan and Associates for defendant No. 4 present and seek time to file reply on NM No. 836/2020.
Matter is adjourned to 27.08.2026 for reply on NM No. 836/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2026

Date: 27-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Shivam Gawde for plaintiff present.
Adv. Sushant Vahalkar h/f Pradip Chavan and Associates for defendant No. 4 present and filed reply in NM No. 836/2020. It is taken on record and marked as Exh.16. Copy of the same furnished to other side
Matter is adjourned to 14.10.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2026

NOTICE OF MOTION/100836/2020
NOTICE OF MOTION/101853/2023

Registration Number: 100047/2020
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: 113700/2019
Filing Date: 09-12-2019
First Hearing Date: 23rd January 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE