Smt. Miradevi w/o late Surendra Kumar Singh (Kharwar)VsThe Principal, Mumba Devi Adarsh Sanskrit Vidyalaya Bharti Vidhya Bhavan +1 more

Date: 29-01-2020
Business: None for plaintiff.
Adv. S. J. Mathew  for defendant No. 2 present and tendered vakalatnama t.o.r. Its marked at Exh.5
None for other defendants.
Adjd to 12-03-2020 for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: None for plaintiff.
Adv. S. J. Mathew for deft./2 present.
Ld. Adv. for Deft/2 orally submits that, settlement talks are going on between the party and another suit in the Court of C.J. S.D. Thane is fixed on 22/06/2020 for settlement and he seeks adjournment till the said date. On oral request of Ld. Adv. for deft/2 adjournment granted.
Both parties are directed to maintain status quo in respect of subject matter of this Suit till next date.
Later on -
Adv. Nishit Joshi for D/1 present and he filed v/p. TOR. Marked as Exh. 6.
Adjd to  24/06/2020 for N/M  Reply.
Next Purpose: REJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: REJOINDER
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 15.12.2020.
Next Purpose: REJOINDER
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None for plaintiff.
Adv. Joshi for deft. no.1 present.
The matter is adjd for N/M reply to 13.01.2021.
L.O.
Adv. Richa Singh for plaintiff present.
The matter is already adjd for N/M reply to 13.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: By preceipe.
Plaintiff present and deft-2 present.
Adv. Mr. Shrinavas Singh for the plff present.
Adv. Mr. S. J. Methue for deft-2 present.
Exh. 7 Parties filed consent terms.  O-Read and Recorded. I have verified plaintiff present in the Court and also the defendant no. 2. On verification of the plff and deft no. 2, they submitted that they have settled the matter in terms of consent terms exh. 7 and the admitted the contents of the consent terms. The matter is placed for further order. The presence of parties is dispensed with on the next date.
Already matter is adjd for settlement to 13.01.2021
Next Purpose: SETTLEMENT
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv. Shrinivas Singh for plaintiff present.
Adv. Joshi for deft. no.1 present.
Deft. no.1 Principal Dr. Ganpati Hegde present.
Adv. S.J. Mathew for deft. no.2 present.
Ld. counsel for deft. no.1 tenders draft N/M along with written statement.  Leave is granted to register.
The written statement will be taken on record subject to the decision of draft N/M tendered.
Ld. counsel for deft. no.1 filed reply to N/M of plaintiff. T.O.R.
ORDER ON DRAFT N/M OF DEFT. NO.1
Heard. Ld. Counsel for deft. no.1 submitted that deft. no.1 received the writ of summons.  The copy of plaint and other proceedings were supplied to the deft. no.1 in second week of the March.  On or about 12th March, the counsel for deft. no.2 informed that the settlement talks are going on.  Thereafter, due to outbreak of Corona Virus-2019 and imposition of lockdown, the Courts were not functioning regularly.  The deft. no.1 wish to file the written statement and hence, the same be taken on record by condoning the delay.
     Ld. Counsel for plaintiff has no objection for the same. In view of the above reasons, the N/M needs consideration.  Even otherwise, there should not be any hyper-technical and pedantic approach in dealing with such type of motions.  Hence, in the interest of justice, it is expedient to pass the following order.
ORDER
1.   Draft N/M is made absolute in terms of prayer clause (a) and (b).
2.    Deft. no.1 to register the draft N/M for statistical purposes.
Written statement of deft. no.1.  T.O.R.
The matter is adjd for order on consent terms to 18.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Richa Singh for plaintiff present.
None for deft.
Adv. for plaintiff tendered registered N/M No.660/20. T.O.R.
The matter is adjd for settlement to 20.01.2021.
L.O.
Adv. Singh for plaintiff present.
Adv. Joshi for deft. no.1 present.
Adv. Mathew for deft. no.2 present.
Disposed off N/M after registration as registered N/M No.142/21 tendered by Adv. for deft. no.1.  T.O.R.
The matter is already adjd for settlement to 20.01.2021 at 11.00 am.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: None for plaintiff.
Adv. Mathews for deft. no.2 present.
Parties to convince the Court on the enforceability of consent terms.
The matter is adjd for settlement to 25.01.2021.
L.O.
Adv. Nishit Joshi for deft. no.1 present.
The matter is already adjd for settlement to 25.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv Singh for plff present.
Adv. Nishit Joshi for deft. no.1 present.
Adv Mathew for deft no. 2 present.
Ld Counsel for plff seeks time for hearing on consent terms.
The matter is adjd for hearing on consent term to 28.01.2021.
Next Purpose: HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Richa Singh for plaintiff present.
Adv. Joshi for deft. no.1 present.
Adv. Mathews for deft. no.2 present.
The matter is adjd for hearing on consent terms to 16.02.2021.
Next Purpose: HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None for plaintiff.
Adv. Joshi for deft. no.1 present.
Adv. Mathews for deft. no.2 present.
As plaintiff\''s counsel is not present, the matter is adjd for hearing to 08.03.2021.
Next Purpose: HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Richa Singh for plaintiff present.
Adv. Sonal Breed for deft. no.1 present.
Ld. counsel for plaintiff seeks adjournment for hearing as son of the plaintiff passed away.  Granted.
The matter is adjd for N/M hearing to 05.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv.Mr.Shrinivas Singh for plaintiff present.
Plaintiff present.
Adv.Mr.Joshi for defendant no.1 present.
Adv.Mr.S.J. Mathew for defendant no.2 present and defendant no.2 present.
Application for withdrawal of the suit
ORDER BELOW EX.1 AND 9
Read application.  Plaintiff wish to withdraw the suit as the dispute is settled between plaintiff and defendant no.2 out of court. On behalf of defendant no.1 it is submitted to the order of the Court and defendant no.2 has given no objection for withdrawal of the suit.  On verification of the plaintiff, she submitted that she wish to withdraw the suit.  Hence, it is expedient to pass following order-
ORDER
1. Suit is disposed off as withdrawn.
2. Parties to bear their own costs.
3. Court fee be refunded to the plaintiff as per rules.
4. Pending notice of motion no.660/2020 and the consent terms(Ex.7) being infructuous hence disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-04-2021

NOTICE OF MOTION/100142/2021
NOTICE OF MOTION/100660/2020

Registration Number: 100131/2020
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 114053/2019
Filing Date: 18-12-2019
First Hearing Date: 29th January 2020
Decision Date: 05th April 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE