Shri Ashok Subhana KondkarVsSulochana Chandrakant Kondkar +4 more

Date: 04-03-2020
Business: Adv. Mr. Amol Dhumal for Plaintiff present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv for the Plaintiff filed application for extension of time for
service of writ of summons. t.o.r. O-Granted.
Matter is adjd to 19.06.2020 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. Mr. Vijay Kokitkar for the plaintiff.
Last chance is granted to the plaintiff for service of summons.
Matter is adjd. to 29/04/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: DUE TO COVID-19
Next Purpose: SERVICE
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: By praecipe.
Adv. Ms. Reshmi Parab for the plaintiff present.
Writ of summons time is extended till next date.
Matter is adjd. to 20/08/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: None present for the plaintiff.
Adv Jyoti Jadhav present for the defendant no.1. She filed VN TOR O- filed
Plaintiff failed to take steps for service of defendant nos.2 to 5. Matter is listed for dismissal order against the defendant nos.2 to 5
Matter is adjd. to 15.03.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Register Clerk Arun patil for Adv. Vijay Kokitkar present and submits that Plff. will complete the service on next date.
Plff. shall serve the remaining defendants on or before next date.
Matter is adjd. to 20-06-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv.Kokitkar for plaintiff present and requested for leave for letter of request for defendant nos.2,3,4  and writ of summons to defendant no. 5-O-Time extended till next date as last chance.
Matter is adjd.to 24-08-2022  for  service.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Plaintiff and his Adv. Amol Dhumal h/f Adv. Vijay S. Kokitkar present and filed service affidavit of deft.no. 1 and 2 to 4.
Adv. Kapse for deft.no. 2 to 4 present and also seeking time for filing WS.
Adv. Jyoti Jadhav for defendant no. 1 present and seeking time for filing WS.
Time granted to deft.no. 1 to 4 for filing WS.
Matter is adjd. to 14.10.022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Plaintiff present.
Adv. Jyoti Jadhav for Deft.No. 1 present and filed Draft NM alongwith affidavit in support. TOR. O - Leave is granted to register the NM. She also filed Written Statement. Copy of written statement served to plaintiff.
As court is busy in dictating Judgment in Suit No. 828/2017. Hence, Board is discharged. Matter is adjd. to 14.12.2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged.
Matter is adjourned to 08.02.2023 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: None present for plaintiff.
Adv. Jyoti Jadhav for defendant No.1 present and filed registered Notice of Motion No. 4703/22 alongwith affidavit in support.
Matter is adjourned to 29.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Amol Dhumal for plaintiff present.
Adv. Jytoi Jadhav for Defenant No. 1 present
Adv. Siddharth Chandrashekhar for defendant/MHADA present.
As Court is busy in Supreme Court Time Bound Matter i.e. 1404/2017. Hence, Matter is adjourned to 26.06.2023 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None present for the plaintiff.
Adv. Mr. Gauri Bhandari h/f Adv. Chandrashekhar for defendant No. 5/MHADA is present and submitted that she is not going to file reply to NM. Hence, no reply order is passed against defendant
No. 5.
Adjourned for NM reply to 04.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Adv. Ms. Reshmi Parab for the plaintiff is present.
Adv. Mr. Khedekar h/f Adv. Kadam for defendant No. 1/State is present.
Adv. for the plaintiff seeks time to file reply to defendant NM. Time is granted.
Matter is adjourned to 25.10.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Ms. Vaibhavi Pawar h/f Adv. Kokitkar for the plaintiff is present.
Adv. Ms. Jyoti Jadhav for defendant No. 1 is present.
Adv. Ms. Gauri Bhandari h/f Adv. Chandrashekhar for defendant No. 5/MHADA is present.
Adv. for the plaintiff filed reply to NM No. 4703/2022 overleaf.
The following Order is passed on  NM No. 4703/2022:
	Defendant No. 1 has taken out present NM for condonation of delay of 297 days in filing WS and for taking WS on record. Advocate for plaintiff filed reply to NM overleaf and opposed to the same by submitting that there is no sufficient cause mentioned in the affidavit for condonation of delay and no sufficient documents are produced in support of contention and no medical certificate is annexed. As against this, it is submitted that on behalf of defendant No. 1 that defendant No. 1 is a senior citizen lady and due to old age she is suffering for various health issues and it is not possible for her to search the documents and to give instructions to her advocate and therefore, delay is caused which be condoned.
	Considering the submissions it appears that delay is not intentional. Defendant No. 1 is a old aged lady. Opportunity needs to be given to defendant No. 1 to represent her case. Hence, I hold that NM be allowed subject to imposing necessary cost. In the result, I proceed to pass following Order:
ORDER
01.  	Notice of Motion No. 4703 of 2022 is made absolute.
02.	Delay caused in filing WS is condoned and WS of defendant 	No. 1 is allowed to be taken on record subject to payment of 	cost of Rs.500/- to the plaintiff on or before next date.
03.	On payment of costs WS be taken on record.
04.  	Notice of Motion No. 4703 of 2022 is disposed of accordingly.
Matter is adjourned to 02.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: None present for plaintiff.
Adv.Amit Kapse for defendant no.2 to 4/State is present.
Adv. Ms.Jadhav for defendant no.1 is present.
Advocate for defendant no. 1 submitted that she tried to pay cost to the plaintiff by sending cheque through post which is returned back. She seeks permission to deposit the amount of cost in the Court. Permission is granted to deposit cost in the Court.
Matter is adjourned to 18.03.2024 for Compliance/ Issues.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: None for the plaintiff.
Adv. Ms.Jyoti Jadhav for defendant No.1 is present.
Adv. Ms.Mangal Kadam for defendant No.4/MHADA is present.
It is submitted by adv. for defendant no.1 that she has complied the order and paid the cost. Hence, WS of defendant no.1 is taken on record and marked at Exh-5.
Matter is adjourned to 26.06.2024 for Draft Issues.
LO at.11.50 am.
Adv. Mr.V.S.Kokitkar for plaintiff is present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None for plaintiff.
Adv. Ms.Jyoti Jadhav  for defendant No.1 is present.
Adv. Sachin Kadam for defendant No.2 to 4 /State is present.
Adv. Ms.Mangal Kadam for defendant/MHADA is present.
Matter is adjourned to 09.08.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Adv. Mr. V. S. Kokitkar is present for plaintiff.
Adv. Ms. Mangal Kadam for defendant no. 4/MHADA is present.
Matter is adjourned for 27.09.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: None present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Advocate Jyoti Jadhav for defendant no. 1 present and filed draft issues.
Advocate Kapse for defendant/State present.
Matter is adjourned to 26/11/24 for Draft issues of plaintiff.
Later on at 01.09 pm.
Adv. Reshmi Parab present for plaintiff and she tendered draft issues. t.o.r.
Matter is adjourned to 26/11/24
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Adv. Shridas present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Advocate Jyoti Sawant for defendant no. 1 present.
Advocate Kapse for defendant/State present.
Matter is adjourned to 03/02/25 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: Adv. Vijay Kokitkar present for plaintiff.
Adv. Ms.Mangal Kadam for defendant no. 5/MHADA present.
None present for other defendants.
defendant no. 2 to 4 failed to file draft issues. Hence, Matter is adjourned for framing issues to 01/03/25.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-03-2025

Date: 01-03-2025
Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: As the Court is on leave.  Hence, Board is discharged and matter stands adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: None present for plaintiff.
None present for defendants.
Matter is adjourned to 02.08.2025 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: P.O. is deputed for training at M.J.A. hence, board is discharged and matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Plaintiff present.
Adv. Kapse for defendant no.2 to 4.
None present for defendants.
Matter is adjourned to 19.09.2025 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Adv. Reshmi Parab present for plaintiff.
Adv. Kapse for defendant nos.2 to 4/State present.
Matter is adjourned to 07.11.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Adv.  present for plaintiff and filed Vakalatnama. TOR and marked as Exh.__. O-Seen and filed.
None present for defendants.
Matter is adjourned to 06.02.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: Adv. Ajay Yadav present for plaintiff.
Adv. Kudalkar present for defendant nos.2 to 4/State.
Considering the relationship between the parties and the nature of the Suit. There is element of settlement hence, parties are directed to talk before the Mediator. Hence, send this matter for mediation.
Matter is adjourned to 11.03.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: Adv. Ajay Yadav present for plaintiff and filed draft issues. TOR.
Adv. Jyoti A. Jadhav i/b M/s. Law Loyals Advocates present for defendant no.1.
Adv. Kapse for defendant/State present.
Awaiting Mediation report hence, Matter is adjourned to 30.04.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: As the Court is on leave.  Hence, Board is discharged and matter stands adjd.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: None present for plaintiff.
Adv. T. A. Dhotre h/f Adv. Sachin Kadam present for defendant nos.2 to 4/State.
Exh.7-Mediation report received. O-Seen.
Mediation failed hence, Matter is adjourned to 16.12.2026 for issues of defendants.
LO at 11.40am
Adv. Shruti Parmar h/f Adv. Ajay Yadav for Plaintiff present.
Already adjourned to 16.12.2026 for issues of defendants.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-12-2026

NOTICE OF MOTION/104703/2022

Registration Number: 100490/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 114176/2019
Filing Date: 20-12-2019
First Hearing Date: 04th March 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE