Dwarkabai Shastri Patwardhan Trust - Mr. Somnath Sitaram TendulkarVsDhananjay Narshinha Bhagawat

Date: 24-02-2020
Business: Adv. Rupali Sathe for plaintiff present.
O-Issue fresh Writ of summons.
None present for defendant.
Matter stands Adj for writ of summons to 17.04.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Advocate Ms.Rupali Sathe for plaintiff present and sought time to serve writ of summons.
Date of writ of summons is extended. It is made returnable on 16.04.2021.
The case is adjourned to 16.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Court is vacant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Matter called out at 12.28 p.m.
Adv. Roopali Sathe for plaintiff present.
Adv. Sachin Shetyetendered Vakalatnama for Defendant. TOR. Exh.5
Adv. for plaintiff is ready to supply copy of plaint with documents.
Matter stands adjourned to 09.11.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Matter called out at 12.35 p.m.
None present.
Kept back.
Later on at 1.43 p.m.
Adv. Rupali Sathe for plaintiff present.
Adv. A. S. Kapse for defendant present. He tendered draft NM for condonation of delay in filing WS.
O-leave granted to register.
Heard both the sides.
Perused motion and affidavit in support.
Ld. Advocate for plaintiff fairly conceded that writ of summons is not yet served upon the defendant.  Defendant appeared upon personal notice of the plaintiff which was served on 14.09.2021. Admittedly, the Hon\''ble Apex Court suspended the limitation period from 15.03.2020 to 01.10.2021.  I am of the view that the limitation in the present case would commence only after 01.10.2021.  Hence, there is no question of delay.
Therefore, the draft NM could be allowed and defendant can be permitted to file their WS on record within a period of 30 days from the date of order.
The defendant waived the service of writ of summons.
In view of the above, draft NM is disposed of.
Defendant to register the NM for statistical purpose.
Draft NM is handed over to the advocate of defendant for registration.
Matter stands adjourned to 10.12.2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: NOBTOB
Moved by praecipe.
O-Allowed.
Adv. Sachin Shetye for plaintiff present.
He tendered WS. TOR . Exh.6.
Adv. for defendant absent.
Matter already stands adjourned to 10.12.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Matter mentioned at 12.11 a.m.
Adv. Rupali Sathe for plaintiff present.
Adv. Suraj Shejwal I/b Sachin Shetye for defendant present.
NM was already allowed.  Deft is directed to tender reg. NM No.3083/21.
Matter stands adjourned to 11.02.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Matter called out at 11.52 a.m.
None present for plaintiff.
Defendant in person present. He tendered reg. NM No. 3083/21. TOR. He undertakes to serve the plaintiff.
Matter stands adjourned to 17.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Matter mentioned at 12.25 p.m.
Adv. S. P. Shetye for Defendant present.
NM 3083/2021 is already disposed of. Hence, put up for issues.
Matter stands adjourned to 07.07.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: None present.
Matter stands adjourned to 06.09.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None present.
Matter stands adjourned to 24.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: None present.
Matter stands adjourned to 10.02.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: None present.
Matter stands adjourned on 15.04.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present.
Matter stands adjourned on 03.07.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 25-09-2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: None for Plaintiff present.
None for defendant present.
Exh. 7 Issues are framed.
ISSUES
1. 	Does plaintiff prove that the defendant is illegally in possession of the suit property ?
2. 	Is suit tenable ?
3.	Is suit filed within limitation ?
4.	Is plaintiff entitled for the reliefs as sought ?
5.	What order  and decree ?
Matter stands adjourned on  05-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Adv. Rupali Sathe for  plaintiff and filed adjournment application t.o.r. and marked as Exh.8   O- Heard.  Adjournment granted for tendering evidence.
Adv. Sachin Shetty alongwith defendant present.
Due to formation of new court and change of assignment matte is adjourned for evidence of plaintiff.
Matter adjourned for evidence of plaintiff  to 05-03-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Rupali Sathe for plaintiff present and filed adjournment application tor and marked as Exh.08. O- Granted as last chance.
Defendant in person present.
Adv. for the plaintiff submitted that she will not available till 14-April 2024.
Matter adjourned for recoding evidence to 30-04-2024.
LO at 12.05 pm..
Adv. Mahendra Patil for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
None for defendant.
Deft. in person present.
No evidence tendered.
K.B.
L.O. on 11.45 a.m.
Adv. for plaintiff present. And submitted that the matter between same parties is pending is before Honble High Court and therefor she requires to go through order if any passed in that proceeding therefore she require time to file evidence of plaintiff as such the matter is adjourned for affidavit of evidence by plaintiff
Matter adjourned for evidence to 11.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Defendant is present.
Matter is adjourned for filing evidence and documents by plaintiff to 16.10.2024
LO at 12.27 pm
Adv. Mrs. Rupali Sathe for plaintiff is present. She submitted that matter on the same issue is pending before Hon’ble High Court and she has moved IA. Matter is already adjd.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Defendant is present.
Matter adjourned for filing affidavit of evidence and documents by the plaintiff to 12-12-2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: None for plaintiff.
Defendant a/w his Adv. Sachin Shetye is present.
Matter adjourned for filing affidavit of evidence and documents by plaintiff to 15.04.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Court is on leave
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: None for plaintiff.
Defendant is present.
Affidavit of evidence is not filed.
Matter adjourned for dismissal to 20.08.2025.
Later on 11.33 a.m.
Defendant a/w Adv. Sachin Shetye is present.
Matter adjourned for dismissal to 20.08.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: P. O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: None for plaintiff.
Defendant is present.
K.B.
Later on at 1.30 p.m.
Defendant a/w Adv. S. Owhal h/f Adv. Sachin Shetye is present.
Plaintiff is absent and has not lead any evidence. It appears
that plaintiff is not interested in proceeding further with the
suit. As such Suit No.380/2020 is dismissed in default. No
order as to costs. R and P be sent to Record Department.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-09-2025

NOTICE OF MOTION/103083/2021

Registration Number: 100380/2020
Transfer Date: 29-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 113860/2019
Filing Date: 12-12-2019
First Hearing Date: 24th February 2020
Decision Date: 16th September 2025
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE