Shravan L. Joshi - High Court Chamber Summons No.1764 of 2011VsMahendra L. Joshi and Ors.

Date: 04-12-2018
Business: CA of plaintiff present.
Adv. Minal Chandanani for plaintiff present.
Adv. Punit Desai for defendant No.7a and b present.
Adv. Bharat Joshi for defendant No.1 to 5 present.
Adjd. to 06/12/2018 for hearing on NM and documents as directed.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: CA of plaintiff present.
Adv. Minal Chandanani for plaintiff present.
Adv. Bharat Joshi for defendant No.2 to 5 present.
Exh11He files compilation of documents of
defendant No.2 and copy of order of Hon\''ble High Court dtd.01/04/2015.
Adv. Punit Desai for defendant Nos.7a,b. present.
Partly heard Ld. Counsel for plaintiff on NMs.
Adjd. to 28/01/2019 for further hearing on NMs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: CA of plaintiff present.
None present for defendants.
Kept back at 2.45 p.m.
Later on.
CA of plaintiff present.
Adv. Minal Chandani for plaintiff present.
Adv. Savla for defendant No.2 to 5 present.
Adv. Punit Desai for defendant No.7a,7b present.
He files reply to NM No.3013/15.
As the Court is busy in dictating judgment, adjd. to   20/02/2019 at 11.00 a.m. for further NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
Mr. Dwaresh Joshi, CA of plaintiff present.
Adv. Savla for defendant nos. 2 to 5 present.
As the Court is vacant, adjd. to 20/03/2019 NM
hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: None for plaintiff.
Adv. Miss Shrutika for Defendant No. 2, 3 and 5 present.
Adv. Puneet Desai for Def. 7(A) and 7(B) tenders draft notice of motion along with affidavit. TOR.
Leave is granted to register Notice of Motion. NM be registered within a week. Adv. Desai undertakes to serve Draft NM on plaintiff.
NM be served prior to next date.
Adj. To 08/04/2019 for NM Reply.
Earlier order  to continue.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Adv Mr. Mira Chandani for Plaintiff present.
Adv. Mr.Punit Desai for Defendants 7a and 7b present and tendered original NM No. 1421/2019.
Adv.Lakhan  for defendant no. 2,3 and 5 present.
Plaintiff\''s adv. sought time to file reply on NM.
By consent, case is adjourned to 25.04.2019 for reply on NM.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Resumed.
C.A. of plaintiff is present.  His advocate is absent.  Adv. Punit Desai for def. No. 7  (a) and (b) is present.
C. A. of plaintiff seeks time on the ground that Adv. Mira Chandani is busy before High Court.  Time is granted as last chance.
Adjd for NM arguments to 15.07.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: C. A. of the plaintiff is present.
Adv. Punit Desai for deft. nos. 7(a) and 7(b) present.
Adv. Shrutika Lakhan for deft. nos. 2, 3, 5 and 6 present.
CA of the plaintiff tendered the reply to NM 1421/19 filed by the deft. nos. 7 (a) and 7(b).
CA of plaintiff seeks time to file rejoinder to the reply to the Notice of Motion filed by deft. nos. 7(a) and 7(b).
The Ld. Counsel for the deft. nos. 2, 3, 5 and 6 submitted that per the order of the Hon\''ble High Court in Writ Petition No. 10151/14 the matter was remanded for fresh decision on the issue of res judicata and further it was directed to frame the preliminary issue.
CA of the plaintiff submitted that the earlier order be continued.
The earlier order if any to continue till next date.
Adjourned for rejoinder of plaintiff to the reply to the Notice of Motion filed by deft. nos. 7(a) and 7(b) and to examine the status as regard the direction in WP no. 10151/14 to 9.8.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Adv. Meenal Chandani for plaintiff present.
Adv. Shritika Lakhan for defendant nos. 2, 3 , 5 and 6 present.
Adv. Punit Desai for defendant no. 7(a) and 7(b) present.
Rejoinder to NM filed by the plaintiff.
Put for framing of preliminary issue, if any, in view of the order of the Hon\''ble High Court.
Earlier order if any to continue till next date.
Adjourned for framing preliminary issue to 23.9.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Plaintiff present.
Adv. Minal Chandani for plaintiff present.
Adv. Shrutika Lakhan for defendant nos. 2, 3, 5 and 6 present.
Adv. Desai for defendant nos.  7(a) and 7(b) present.
Heard counsel for defendant nos.  2, 3, 5 and 6 on their application for framing preliminary issue.  Partly heard plaintiff on the said application.  Adjourned for further hearing on the said application and all the pending motions to 22.10.2019.  Earlier order if any to continue till next date.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: C. A. of plaintiff present.
Adv. Desai for defendant nos. 7(a) and 7(b) present.
Adv. Shrutika Lakhan for defendant nos. 2, 3, 5 and 6 present.
The Ld. counsel for the defendant nos. 2, 3, 5 and 6 seeks time for hearing on preliminary issue, hearing on notice of motions and chamber summons.
Earlier order if any to continue till next date.
Adjourned for further hearing on the application for framing preliminary issue and all the pending motions and chamber summons to 9.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Matter is called at 12.05 pm
Adv. Chandani for plaintiff present
Adv.Chandani filed vak. On behalf of plaintiff nos.1(a) to 1(d).
Vak. Filed and marked as \''Ex.13\''.
In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 24/04/2020 at 2.45 pm for hearing of notice of motion and Preliminary issue.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.12.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
The matter is adjd for N/M hearing to 14.01.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Plaintiff no.1(d) present.
Adv. Lakhan for deft. nos.2, 3, 4 and 5 present.
The matter is adjd for hearing on application for framing of preliminary issue to 08.02.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Plaintiff no.1(d) present.
Adv. Lakhan for deft. nos.2, 3, 5 and 6 present.
Heard plaintiff no.1(d) and counsel for deft. nos.2, 3, 5 and 6.
The application dated 03.07.2014 was not marked as exhibit.  For the convenience purpose, the application dated 03.07.2014 is marked as Exh.13.  The reply dated 10.07.2014 was also not marked as exhibit.  For the convenience purpose, the reply dated 10.07.2014 is marked as Exh.13-A.
The matter is adjd for order on Exh.13 to 25.02.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Plaintiff no.1(d) present.
None for deft.
The matter is adjd for order to 01.03.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Plff no.1b present. Adv Minal Chandani for plff present.
Adv Lakhan for deft no.2,3, 5 and 6 present.
Court is busy in hearing. Adjourned for order on Exh.13.
The matter is adjd for order on Exh.13 to 2/03/2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Plaintiff no.1(d) present.
Adv. Lakhan for deft. nos.2, 3, 5 and 6 present.
F.R.S.R. following order is passed -
ORDER
1.   The application (Exh.13) stands rejected.
The matter is adjd for N/M hearing to 05.04.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 18.06.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 03/08/2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Motwani for plaintiff is present.
None for defendant.
On oral request of Adv.for plaintiff matter adjourned for NM hearing.
Matter adjd for NM hearing on  03.09.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: None present for plff.
Adv. Shrutika Lakhan for deft nos. 2,3,5 and 6 is present.
Plff no.1d is present.
On oral request matter adjourned for NM and CH/S hearing on 03.12.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Pltff no 1(a) and 1(b) are present.
Adv. Gandhi for deft no. 2, 3, 5 and 6 are present.
Adv. Aparna Pareera for respondent no. 3 present and filed VP.  TOR.  Marked as Exh. 13
Adv. K. P. Shah for applicant present and filed registered CS  No. 1762/21
Deft no. 2, 3, 5 and 6 filed registered NM No. 3037/21.
It is submitted by pltff that his advocate is busy in Dindoshi Court.  On oral request of adv for pltff matter is adjourned.  Pltff to serve copy of reply in advance to the other side.
Matter is adjd to 08/12/2021 for Reply of NM.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Pltff 1(a) and 1(d) present.
Adv. Linal Chandani for pltff present.
Adv. Arpana Parera for deft no. 4 present.
Adv. Gandhi for deft nos. 2, 3, 5 and 6 present.
Adv. J. K. Shah for applicants present.
Deft no. 2, 3, 5 and 6 filed reply to CS.
Pltff filed reply to CS.
Deft no. 4 also filed reply.
Order below NM No. 1421/19
Perused the NM which is supported by an affidavit.  Also perused the reply on affidavit.  Heard.  The main suit is for partition.  Parties are governed by Hindu Law.  Initially the suit was before Hon\''ble Bombay High Court.  Later on after change in jurisdiction it was transferred to this Court.  Applicants of this NM were joined as party defendant as per order dt. 19/12/2016.  Considering the contents of para no. 6 to 9 of the affidavit in support, and to give an opportunity to the defendants in my opinion for proper adjudication of the case, defendants no 7(a) and 7(b) can be permitted to file written statement on record.  In the interest of justice I passed the following order.
Order-
NM No. 1421/19 is allowed and made absolute in terms of prayer clause (a) and (b) subject to condition that defendants no. 7(a) and 7(b) shall file reply on record.  Accordingly NM No. 1421/19 is allowed and disposed of.
Adv. Ms. Linal Chandani has made a statement at bar that pltff do not intends to lead any evidence for contempt motion No. 4324/18 and 3013/15.  Adv for the pltff sought time to file reply to NM No. 3037/21.  Pltff to serve a fresh upon the proposed deft. the copy of CS No. 2083/21.
Considering over all submissions the matter is now kept for NM and CS hearings.
Matter is adjd to 13/12/2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: In view of Office Order No. 275/21,  P.O. is attending  40hrs Mediation Training Programme as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv.  for plaintiff absent.
Adv. P. D. Gandhy for defendant No.2, 3, 5 and 7 present.
Adv. Parera for defendant No.4 present.
Adv. Jignesh Shah I/b Adv. K. P. Shah  for applicant present in CS No.1762/21.
Adv. for deft no.4 filed common reply to NM No.3037/21 and CS No.1762/21. TOR.
Plaintiff No.1(a) and 1(d) are present they are filed reply to No.3707/21 and additional affidavit in support of NM No.3013/15. TOR.
Plaintiff filed affidavit of service. TOR.
Matter adjd for NM Hearing on 22/12/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: P.O.is on leave.
Matter adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, Hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: Pltff No. 1(d) present.
Adv. Sandeep Patade for deft no. 2, 3, 5 and 6 present.
Pltff 1(d) has filed an application for adjournment.  TOR. Marked as Exh. 13.  O- O.S to Say.  Say filed.
Order below Exh. 13- Perused the application which is on affidavit along with the NOC of previous advocate appearing on behalf of pltff no. 1(d).  Considering the reasons mentioned in the applications the adjournment is granted and matter is now fixed for hearing on NM No. 3037/21 on 04/02/2022 in second session.
Adv. K. P. Shah for Applicant in CS No. 1762/21 present.
Adv for deft has filed compilation of documents.  TOR.
Matter is adjd to 04/02/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Pltff no. 1(d) present.
Adv. Gandhi for deft no. 2, 3, 5 and 6 present.
POA of deft no. 4 Ashwin Oza present.
Adv. Sandeep Pathade for applicant in CS No. 1762/21 present.
Applicant no. 1 in CS No. 1762/21 Sanjay Khedkar present.
Applicant no. 5 in CS No. 1762/21 Sachin Kasar present.
Applicant no. 3 in CS No. 1762/21 Lalit Shah present.
Adv. Natasha Bhot on behlf of pltff no. 1(a) to 1(d) VP is filed.  TOR.  Marked as Exh. 15.
Pltff no. 1(d) has also filed an adjournment application.  TOR. Marked as Exh. 16.  O - O. S to Say.
Order below Exh. 16 -
Perused the application and say.  Heard advocate for the deft, also heard the applicant in CS and the pltff who are present before the Court.  Considering over all circumstances and the urgency being shown application Exh. 16 is allowed and adjournment is granted for hearing by way of last chance and with consent now the matter is fixed on 11/02/2022 at 11.00 a.m.
Adv. Parera for deft no. 4 present.
She filed common reply CS and NM.  TOR.  Copy of reply served through email.
Matter is adjd to 11/02/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv. Gandhi for deft no. 2, 3, 5 and 6 present.
Adv. K. P. Shah for applicant in CS No. 1762/21.
Adv. J. K. Master I/b Adv. Natasha Bhot for pltff present.
Pltff 1(a), 1(b) and 1(d) present.
All applicants in CS are present.
Heard partly, adjourned for further arguments.
Matter is adjd to 14/02/2022 for NM Hearing in second session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. J. K. Master for pltff present.
Adv. Gandhi for deft no. 2, 3, 5 and 6 present.
Adv. J. K. Shah for intervener in CS present.
Adv. Arpana Parera for deft no. 4 present.
Adv for deft no. 2, 3, 5 and 6 have filed additional affidavits in support of NM No. 3037/21.  TOR.  Copy served to other side.
Heard partly.  Adjourned for further argument.
Matter is adjd to 16/02/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv J. K. Master for plff is present.
Adv J.K. Shah a/w K. P Shah for applicant in Ch/S no. 1762/21 for application in Ch/S.
Adv Yashvi Panchal for defs no 3, 5 & 6 is present.
Adv for plff tendered draft NM.
O- Leave is granted to registered the NM . Copy serve on other side.
Matter is adjd to 28/02/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. J. K. Master for pltff present.
Adv. Pradeep Gandhy a/w Adv. Yashvi Panchal for deft nos 2, 3, 5 and 6 present.
Adv. J. K. Shah for intervener in CS present.
Adv. Parera for deft no. 4 present.
Adv for pltff tendered original registered NM No. 580/22.  TOR.
Heard parly argument of ld adv for pltff on NM.  Adjourned for further arguments on NM.
Matter is adjd to 07/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv. Master for pltff present.
Adv. Gandhy for deft nos. 2, 3, 5 and 6 present.
Adv. Parera for deft no. 4 present.
Adv. Shah for applicant in CS present.
Adv for deft nos 2, 3, 5 and 6 filed rejoinder by way of written arguments.  TOR.
Heard arguments and further arguments of all the advocates in the NM as well as CS.
With consent of all the advocates the matter is adjourned to 16/03/2022 for NM hearing at 12.30 p.m.
Matter is adjd to 16/03/2022 for NM hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv. Master For plaintiff present
Adv.Parera For respondent No.4 present.
Adv.K.P.Shah For applicant in Ch/s present.
Adv. For plaintiff  has field written notes of argument and counter reply to the enjoinder of deft.No.2 t.o.r. copy is served to all.
The Ld.Advocate for deft.No.4 has submitted that she is not in receipt of the rejoinder filed by deft.No2,3,5 and 6.
Adv. Parera for deft.No.4 filed written submissions of NM No.303/17 and Ch/s No.1762/21 t.o.r. copy is served to other side.
Heard argument of Ld.Advocate for plaintiff and deft No.4.
In the midst of the argument the Ld.Advocate Yashvi Panchal appearing of deft.No.2,3and 6 has made the statement the point No.8 which is mentioned in reply cum objection by deft.No.2,3 ,5 and 6 is withdrawn.
Adv. For plaintiff has filed the copy of order dtd.05.1.2018 passed in Testamentary Suit No.5/13 t.o.r. and  marked as Exh.17.
Today the case with consent of both the parties was fixed  at 12.30 p.m. and adv. Forplaintiff and advocate for deft.No.4 has argued for 12.30 p.m. to 2.00 p.m.
This court was about to fix the matter of orders in NM No.3037/21 and Ch/s No.1762/21 but Ld.Advocate Panchal for deft.No.2,3,5 and 6has submitted that the counsel for them further wants to argue the matter. Hence the matter is kept for further hearing on behalf of deft.Nos.2,3,5 and 6.
Matter is adjd to 30.03.2022  for further hearing on  No.3037/21 and Ch/s No.1762/21 behalf of defendants.
                                                                                        Judge
Next Purpose: HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. Master for pltff present.
Adv. Gandhy for deft nos 2, 3, 5 and  6 present.
Adv. Shah for applicant in CS.
Adv. Parera for deft no. 4 present.
Heard all the advocates for NM No. 3037/21 and CS NO. 1762/21.
Matter is adjd to 20/04/2022 for Orders.
Next Purpose: ORDER
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv. Mr. Master for plaintiff present.
None for defendant.
F.R.S.R. following order is passed:
ORDER
1. Chamber Summons No.1762 of 2021 stands rejected.
2. Cost in cause.
Matter is adjd for order on NM No. 3037 of 21 on 02-05-2022
Next Purpose: NM  ORDERS
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Pltff 1(b) present.
Adv. Bohra for deft nos 2, 3, 5 and 6 present.
Adv. Parera for deft no. 4 present.
F.R.S.R the following order is passed below NM No. 3037/21
NM No. 3037/21 stands rejected.  Costs in cause.
Matter is adjd to 17/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Plaintiff absent.
Adv. Smt. Paraira for defendant no.4 present.
Matter is kept back till second session at 02.45 p.m.
At 02.45 p.m.-Adv. Smt. Priya Upadhyay for the plaintiff present.
Defendant no.2 present.
Exh.18-Advocate for plaintiff moved an application for adjournment. Order is passed with effect that since last 3 years 4 NMs and 1 Ch/s have been pending for hearing. From next date, hearing will go day to day till hearing on all these pending NMs and Ch/s from 25.07.2022 to 30.07.2022 on day to day basis.
Adjd. to 25.07.2022 for hearing.
                                                                          Judge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv J.K. Master for plff is present.
Adv Sandip Patade for deft no. 2,3,5 and 6 is present.
Adv. Parera for deft no.4 is present.
None present for deft no.1.
On oral request of the parties, the matter is adj for hearing.
Matter adjd to 29.08.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Natasha Bhot for plaintiff is present.
Adv. Anuj Thathed for  is present.
Adv. Parera for defendant no.4 is present.
Last chance given to the plaintiff to argue the NM 2015 and 2018 else appropriate order will be passed.
Matter adjd to 11.10.2022 for NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Plaintiff 1 d  is present.
He has filed additional affidavit in Nm 4324/2018.
Advocate Sandeep Pathade  for defendant No.2 present.
Advocate Parera for defendant No. 4 present.
Last chance  given to  the plaintiff for Argument on NM.
Matter adjd to 19/11/2022   for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: By Praecipe
N.O.B. T.O.B.
Adv. J.K. Master for plaintiff is present
Adv. Parera for defendant no. 4 is present.
KB LO at 5.30 p.m.
same appearance.
Defendant no. 2 is present.
With consent of both the parties matter adjourned for NM hearing.
Matter adjd to 09.12.2022 for hearing on NM No. 4324/18.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. J.K. Master for plaintiff is present.
Deft adv. is absent.
Deft no.2 is present.
Last chance given to the deft to argue the NM 4324/18.
Matter adjd to 07.01.2023 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Adv. J.K. Master for plaintiff is present.
Adv. Arpana Pareira for defendant nos. 4 is present.
Partly heard the Ld.Adv.for plaintiff.
Matter adjd to 06.02.2023 for further hearing on NM NO.4324/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Natasha Bhor for plaintiff is present.
None present for defendant.
On oral request of Ld.Adv.for plaintiff matter adjourned for NM hearing.
Matter adjd to 21.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: Plaintiff no. 1(d) is present.
Adv. Alpana Pareira for defendant no.4 is present.
With consent of both the sides, matter adjourned for NM hearing.
Matter adjd to 14.07.2023 for hearing on NM.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Plaintiff No.1d is present.
Adv. Mansi Kaku for defendant No.1 Mahendra Joshi is present.
Adv. Arpana Parera for respondent No.4 is present.
On oral request of Ld. Adv. for defendant No.1, matter is adjourned.
Matter adjd to 22.08.2023 for NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Natasha Bhot for plaintiff is present.
Adv. S. Choudhary i/b Adv Dhaval Vussonji for defendant no. 2 is present and filed VP at Exh.18. Tor. O- Seen.
It is submitted that the matter is going to be settled in between the parties. Hence, matter is referred to Maha lokadalat.
Issue notice to both parties.
Matter adjd to 09.09.2023 for Lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Son of plaintiff Darshan Joshi is present.
Defendant no. 3 a/w Adv. Arpana Parera is present.
Adv. Manasi Kaku for defendant no. 1 is present.
Matter is not settled.
Case is adjourned to 27.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: None present for plaintiff.
Adv. Aparna Parera for defendant no. 3 is present.
Adv. Mansi Kaku for defendant no. 2 is present.
KB
L.O at 3.23 p.m
Plaintiff a/w Adv. Natasha Bhor is present.
Same appearance for defendant no. 2 and 3.
Plaintiffs no. 1a to 1d are present.
Defendant no. 2 Mahendra Joshi is present.
Defendant no. 7c Shashank Dave is present.
Plaintiffs have filed an application for withdrawal of suit. TOR. Exh. 19.
It is submitted that the matter is amicably settled in between the parties and consent terms came to be filed in testamentary suit no. 5/2013 a/w testamentary petition no. 1677/12 and testamentary suit no. 6/2013 a/w testamentary petition no. 1679/12. In view of the settlement arrived in between the parties plaintiffs have received adequate consideration. Thus, plaintiffs being the legal heirs of original plaintiff Shravan (since deceased) do not have any further right, title or interest in the suit properties. Therefore, they do not want to proceed with the matter. Defendant no. 2 Mahendra Joshi , defendant no. 4 Smt. Usha Oza, defendant no. 7c Shashank Dave have given  no objection. Upon personal verification to plaintiffs they submits that they do not want to proceed with the matter. Hence, considering the submission made and in view of Exh. 19 the suit stands disposed off as withdrawn unconditionally.
As suit stands disposed off, hence, Notice of Motion No. 580/2022, Notice of Motion No. 4325/2018, Chamber Summons No. 2083/2018, Notice of Motion No. 3013/2015, Notice of Motion No. 4324/2018 are also disposed off accordingly.
Court fee be refunded as per rule.
Nature Of Disposal: DISMISSED
Disposal Date: 27-09-2023

Main Case No: SUIT/0101969/2013
Main Cnr: MHCC010023702013
Main Filing No: 111447

Registration Number: 102083/2018
Transfer Date: 11-03-2019
From Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 102083/2018
Transfer Date: 16-03-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 102083/2018
Transfer Date: 18-03-2019
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102083/2018
Transfer Date: 20-03-2019
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102083/2018
Transfer Date: 12-04-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 115298/2018
Filing Date: 17-11-2018
First Hearing Date: 04th December 2018
Decision Date: 27th September 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE