Smt. Anita wd/o Ashok IngleVsSmt. Ushabai w/o Suresh Ingale

Date: 12-02-2020
Business: Advocate Bharat Kodhari for Plaintiff present and sought extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
None present for Defendant.
Case is adjourned to 04/04/2020 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: National Lock down
Next Purpose: SERVICE
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: SERVICE
Next Hearing Date: 23-06-2020

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

Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: None present for Plaintiffs.
Adv. A.K. Upadhyay present for Defendant and filed his Vakalatnama, t.o.r., and marked Exhibit -02
It seems that due to Corona pandemic, other parties are absent, hence case is adjourned to 02.02.2021 for filing affidavit of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: NOB/TOB.
None present for Plaintiffs.
Adv. Shri.A. K. Upadhyay for Defendant present and taken out draft Notice of Motion alongwith affidavit for condonation of delay in filing written statement. Leave granted to register Notice of Motion. Defendant is directed to serve copy of Notice of Motion upon plaintiff.
Case is already adjourned to fix date 02.02.2021 for filing Notice of Motion and for filing affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv Mr. Bharat Khotari for plff present.
Adv Mr. A.K. Upadhyay for deft present.
Advocates for both the parties mentioned the matter in the morning session.
Advocate for the plff tenderd registered NM No.1645/2020 along with affidavit in support.
Copy of said NM is served on the advocate for deft today itself.
Advocate for the plff filed affidavit of writ of service of summons at Exh.3.
Advocate for deft tendered registerd NM No.1893/2020 along with affidavit in support.
Copy of NM served on advocate for the plff today itself.
Advocates for both parties seek time to file reply to NM.
Ld. advocate for deft submitted that deft will not create third party interest in the suit property till next date.
By consent, matter is adjd. for NM reply to 23.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Mr. Vivek Dubey h/f Adv Mr. Kothari for plff present and seeks time to file reply to NM No.1893/2020.
Adv Mr. S.K. Tripathi for deft present and seeks time to file reply to NM No.1645/2020 by submitting that deft will not create third party interest in the Suit property till next date.
By consent, matter is adjd. For NM reply to 29.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Mr. Vivek Dubey for plff present and endorsed reply on N.M.No.1893/2020.
Adv Mr. Upadhyay for deft present.
Heard arguments in NM No. 1893/2020.
Deft is served with writ of summons on 29.02.2020. Admittedly, lock-down was declared in the State of Maharashtra from 23.03.2020. Apparently, the period of 30 days prescribed by O-8 R-1  CPC expired during the lock-down. Since the delay cannot be said to be intentional, I am inclined to accept the prayer made in the NM. In the result, N.M.No.1893/2020 is allowed in terms of its prayer clause “a” as WS of deft is already produced on record with the NM.
                ----
WS of defendant at Exh.4 R & R.
Adv. for the plff submitted that deft is adopting WS as reply to N.M.No.1645/2020.
Matter is adjd. for hearing on NM No.1645/2020 to 03.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Vivek Dubey for plaintiff present.
Adv. Upadhyay for defendant present.
By consent, matter adjourned for NM hearing to 25.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022

Date: 25-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Adv Mr. Bharat Kothari present for plff.
Adv Mr. Upadhyay present for deft. and seeks adjournment.
Adv for plff has no objection.
By consent, matter is adjd. for NM hearing to 04.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv.Bharat Kothari for plaintiff present.
Adv.Ram Upadhyay for defendant present.
The defendant wants to rely on certain documents. Accordingly, he sought adjournment.
Matter adjd to 01.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022

Date: 04-07-2022
Business: Adv.Bharat Kothari for plaintiff present.
Adv.Ram Upadhyay for defendant present.
The defendant wants to rely on certain documents. Accordingly, he sought adjournment.
Matter adjd to 01.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv.Vivek Dubey for plaintiff present.
Adv.A.K.Upadhyay for deft. present.
Defendant filed compilation of documents t.o.r. and marked as Exh.5. Copy of same is furnished to the plaintiff.
On oral request of plaintiff adjd to 07.10.2022 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv.Bharat Kothari for plaintiff present.
Adv.A.K. Upadhyay for defendant present.
Adv. for deft.submits that he adopts written statement Exh.4 as his reply to the notice of motion 1645/20.
KB for hearing.
LO at 04.10 pm
Same appearance.
Heard both the sides in NM 1645/20.
Matter adjd to 02.11.2022 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: None present for pltff.
Adv.A.K.Upadhyay for deft. present.
KB
LO at 05.50 pm
F.R.S.R. the following order is passed.
ORDER
1. The Notion of Motion No.1645/2020 is allowed.
2. By order of interim injunction, till disposal of this suit, the defendant is restrained from creating third party rights in respect of the suit premises.
3. Cost shall follow the event.
4. Notion of Motion No.1645 of 2020 is disposed of accordingly.
Matter adjd to 25.01.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: None for plaintiff.
Adv. Lakshman Potle For defendant present.
Exh- 6 Issues framed.
Matter adj. to 09/03/2023  evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: None present for plaintiff.
Adv.A.K. Upadhyay for defendant present.
Plaintiff to note that issues are already framed on 25.01.2023. Plaintiff to adduce evidence.
Matter adjd to 16.06.2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Adv. Bharat Kothari for plaintiff present.
Adv. Vivek K. Dubey for defendant present.
Matter is adjd. to 07-08-2023 for R-E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: None for plaintiff.
Adv. Rohan Kharat h/f Adv. A. K. Upadhyay for defendant present.
Matter is adjd.to 06-09-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Bharat Kothari for plaintiff present.
Adv. A. K. Upadhyay  for defendant present.
Matter is adjd.to 30-10-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv. Sushant Kumbhar  for plaintiff present.
Adv. Vivek Dubey for defendant present.
Matter is adjd.to 13-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Aavesh Queshi for plaintiff present
Adv. Vivek Dubey for defendant present.
The Ld. Counsel for  would seek adjournment to file affidavit of examination in chief of the plaintiff
From the perusal of the roznama, it appears that  despite the issues having been framed on 25-01-2024 , the plaintiff is avoiding to adduce evidence for last five dates. In this view of the matter plaintiff is granted last chance to adduce evidence in the matter subject to cost of Rs. 1,000/- payable to the defendant.
Matter is adjourned to 22-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None for plaintiff.
Adv. A. K. Upadhyay  for defendant present would point out that the cost of Rs. 1000/- imposed by the plaintiff vide order dtd. 13-12-2023 has not complied. Hence, matter stands adjourned for order against plaintiff.
Matter is adjourned to 07-03-2024 for order.
Next Purpose: ORDER
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv. Shweta Tripathi Adv. Bharat Kothari a/w  plaintiff present and comply the order dtd. 22-01-2024 Rs. 1000/- to defendant in Court.
Adv. Rohan Kharat for defendant present.
Matter is adjourned to 18-04-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 26-07-2024 for hearing on admissibility of documents.
Next Purpose: HEARING
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: court is on leave
Next Purpose: HEARING
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: None present for both the parties.
Matter is adjourned to  24-09-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: None for plaintiff present.
Adv. Rohan Kharat for defendant.
Matter is adjourned to 14-11-2024 for Hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: None for plaintiff.
Adv. Atul Pande a/w defendant present.
Later on at 11.42 pm
Adv. Bharat Konedin for plaintiff present.
Matter is adjourned to 16.01.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: None for plaintiff present.
Adv. Mithilesh Tiwari h/f. Adv. A. K. Upadhay for defendant present.
Later on 12.05 pm.
Adv. Bharat Kothari for plaintiff present.
Later on 12.20 pm.
Adv. Mithilesh Tiwari h/f. Adv. A. K. Upadhay for defendant present and filed reply on documents filed by the plaintiff. It is taken on record and marked as Exh.09.
Matter is adjourned to 03-02-2025 for Order on admissibility of document.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: None for plaintiff.
Adv. Atul Pande for defendants present.
Later on at 12.47 pm
Adv. Bharat Kothari for plaintiff present.
Heard in admissibility of document.
Matter is adjourned to 10.03.2025 for order on admissibility of documents.
Next Purpose: ORDER
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: None for plaintiff.
Adv. Rohan Kharat for defendant present.
Matter is adjourned to 03.05.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: None for plaintiff present.
Adv. Atul Pande for defendant present.
Matter is adjourned to 13/10/2025 for order on documents of the plaintiff.
Next Purpose: ORDER
Next Hearing Date: 13-10-2025

Date: 21-08-2025
Business: None for plaintiff present.
Adv. Atul Pande for defendant present.
Matter is adjourned to 13/10/2025 for order on documents of the plaintiff.
Next Purpose: ORDER
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 10.12.2025 for Order on documents of the plaintiff.
Next Purpose: ORDER
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: None for plaintiff.
Adv. Rohan Kharat alongwith defendant present.
Matter is adjourned to 17.02.2026 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
Adv. Rohan Kharat alongwith defendant present.
Sr. No.
Description of document
Exhibit
1.
Original rent receipt (Page No.2)
Exh.10
2.
Original Ration Card (Page No.3)
Exh.11
3.
Original Electricity Bill (Page No.4)
Exh.12
4.
Copy of the Aadhar Card of Father in law (Page No.5)
Article – A
5.
Copy of election card of father in law (Page No.6)
Article – B
6.
Copy of pension card of father in law (Page No.7)
Article – C
7.
Original Adhar Card & Election card of plaintiff (Page No.8 and 9)
Exh. 13 & Exh. 14
8.
Original Adhar Card & Election card of plaintiff husband (Page No.10 and 11)
Exh.15 & Exh.16
9.
Copy of FIR of by my husband. (Page No.12 and 13)
Article – D
10.
Original NCR No. 4771/2007 (Page No.14)
Exh.17
11.
Original Written Police Complaint dated 10/12/2007 (Page No.15)
Exh.18
12.
Copy of death certificate of defendant husband (Page No.16)
Article – E
13.
Original complaint to Ghatkopar Police Station dated 17/12/2007 (Page No.17)
Exh.19
14.
Original letter dated 24/12/2007 (Page No.18-19)
Exh.20
15.
Original letter dated 02/01/2008 (Page No.20)
Exh.21
16.
Original letter dated 11/01/2008 (Page No.21)
Exh.22
17.
Original letter dated 11/01/2008 (Page No.22)
Exh.23
18.
Original letter dated 27/01/2008 (Page No.23)
Exh.24
19.
Original letter dated 27/02/2008 (Page No.24)
Exh.25
20.
Original letter dated 12/05/2008 (Page No.25)
Exh.26
21.
Original letter dated 06/12/2008 (Page No.26)
Exh.27
22.
Original letter dated 10/12/2008 (Page No.27-28)
Exh.28
23.
Original letter to legal aid authority (Page No.29)
Exh.29
24.
3 Original letter dated 23/01/2009 alongwith postal receipt and A.D. Card (Page No.30-36)
Exh.30
Exh.31
Exh.32
Exh.33
Exh.34
25.
Original letter dated 26/06/2009 (Page No.37)
Exh.35
26.
Copy of the papers pertaining to case pending before legal aid authority, Mumbai (Page No.38-46)
Article – F
27.
Original complaint dated 11/04/2016 (Page No.47)
Article – G
28.
Copy of the letter dated 28/04/2016 (Page No.48)
Article – H
29.
Original letter dated 18/05/2016 and 26/05/2016 and It is  true to say that reply dated 02/06/2016 (Page No.49-51)
Exh.36
Exh.37
Article – I
30.
Original NC dated 05/05/2016, 11/08/2016, 29/08/2016, 16/11/2016 and 24/09/2017. (Page No. 52-56)
Exh.38
Exh.39
Exh.40
Exh.41
31.
Original letter dated 13/10/2016 (Page No.57 - 58)
Exh.42
32.
Copy of NC dated 09/10/2017 (Page No.59)
Article – J
33.
Original affidavit & power of attorney both dated 15/09/2003 & affidavit dated 22/12/2016 resepectively (Page No.60-69)
Exh.43
Exh.44
Exh.45
34.
Original registered will dated 01/11/2017 (Page No.70-88)
Article – K
35.
Original complaint dated 07/09/2019 (Page No.89-91)
Exh. 46
36.
Original affirmed notice of motion dated 16/01/2018 (Page No.92-94)
Article – L
37.
Copy of death certificate of father in law (Page No.95)
Article – M
Matter is adjourned to 15.04.2026 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.05 am
None for plaintiff.
Adv. A. K. Upadhyay for defendant present.
The witness of the plaintiff absent. The witness is directed to remain present on next date failing which the evidence of the witness will be discarded.
Matter is adjourned to 23.06.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: CORAM : H.H.J. SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendant.
Kept Back.
Later on at 11.48 am
None for plaintiff.
Adv. Rohan Kharat h/f Adv. A. K. Upadhyay for defendant present.
Kept Back.
Later on at 12.35 pm
Adv. Bharat Kothari for plaintiff present.
Adv. Rohan Kharat h/f Adv. A. K. Upadhyay for defendant present.
Both the advocate submitted that the matter may be referred to mediation. Hence, matter is referred for mediation. Secretary DLSA to issue notice to both sides.
Matter is adjourned to 19.08.2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: P.O. IS ON LEAVE.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-10-2026

NOTICE OF MOTION/101893/2020
NOTICE OF MOTION/101645/2020

Registration Number: 100279/2020
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: 113810/2019
Filing Date: 11-12-2019
First Hearing Date: 12th February 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE