Jagdishprasad Devdutta YadavVsDilip Kumar Jain proprietor of M/S. D.D. Builders and Developers

Date: 05-03-2019
Business: Adv. Bhavna Punalekar for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff sought extension of time of service of writ of summons.
Issue writ of summons to Defendant for settlement of issues and filing WS on payment of process fees.
Adj for service to 04.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 18/10/2019 for filing of draft issues and documents.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None present for Plaintiff.
None present for Defendant.
Parties are directed to file draft issues on next date.
Case is adjourned to 03/01/2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: None present for Plaintiff.  None present for Defendant.
Case is adjourned to 06/03/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  04/02/2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Mr. Rohit h/f Adv S.P. Nalawde present for plff and filed V.P. on behalf of the plff. at Exh.2 along with no objection of Associate of deceased Adv.Mr. N.P. Dalvi of the plff. He seeks time to file affidavit of service of writ of summons.
Adjd. for filing affidavit of service to 22.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Adv Ms. Aparna Duble h/f Adv Mr. Nalawde for plff present and seeks extended time to serve the defendant with writ of summons. O-Time extended till next date.
Matter is adjd. for service of writ of summons to 16.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Mr. Rohit for plff present.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv Ms. Sheetal Chavan for deft present and filed vakalatnama  on behalf of deft. at Exh.5.
Adv for deft seeks time to file WS. Adv. for plff submitted that he does not remember the date of service of writ of summons and time till next date may be granted for filing WS.
By consent, matter is adjd. for WS to 01.12.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None present for plff.
Adv Mr. Ashok Purohit present for deft. and seeks time to take steps for filing NM for condonation of delay in filing WS.
As nobody is present for the plff, matter is adjd. for steps/order to 27.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Aparna Duble h/f Adv Subhash Nalawde present for plff.
Adv Sheetal Chavan present for deft.
Vakalatnama on behalf of the plff is filed by adv Mr. Nalawde on 04.02.2021 which mentioned in the roznama of that date as Exh.2.
Thereafter on 16.09.2021, Exhibits No.1 to 5 are recorded in the roznama and the vakalatnama filed by the earlier advocate for the plff is marked as Exh.2 in roznama dt.16.09.2021. For maintaining the record properly, roznama filed on 04.02.2021 by adv Mr. Nalawde be marked as Exh.2/A. Necessary correction be made in the roznama dt.04.02.2021 accordingly. Presiding Officer has made necessary correction in red pen ink by mentioned Exh.2/A in roznama dt.04.02.2021.
Adv for deft filed WS. She submitted that there is delay in filing WS and deft will take out appropriate NM for delay condonation.
The WS is kept on record with direction that it will be considered only if NM for delay condonation is taken out by the deft and if it is allowed.
By consent, matter is adjd. for steps by deft/No WS order to 11.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv.Rohit Kurmi for plaintiff present.
None present for deft.
Defendant is absent. No steps taken in respect of condonation of delay in filing written statement, hence, adjd for passing no written statement order.
Matter adjd to 11.08.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv.Rohit Kurmi for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
On 16.09.2021 the defendant appeared and filed vakalatnama. Thereafter on 11.04.2022, the defendant though filed written statement has not filed notice of motion for condonation of delay in filing written statement. Directions were given to the defendant to file such notice of motion. He failed to file the notice of motion. Hence, written statement cannot be considered.  Suit to proceed without written statement.
Matter adjd to 20.10.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: None present for both sides.
matter adjourn to 17.01.2023 for plaintiff\''s evidence.
Judge
LO at 11.30 am
Plaintiff present.
matter adjourn to 17.01.2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv.Rohit Kurmi h/f.Adv.Nitin Dalvi for plaintiff present.
None present for defendant.
Adv.for the plaintiff submits that defendant has expired, hence, matter adjd to 16.03.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv.Rohit Kurmi i/b.Adv.Subhash Nalavade for plaintiff present.
None present for defendant.
        The Adv.for the plaintiff submits that he has requested to the defendants advocate for details of legal heirs but no response is received. Nobody present for the defendants advocate.
Matter adjd to 20.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Adv. Rohit Kurmi for plaintiff present.
Adv. Nikita Lad h/f Adv. Ashok Purohit  for deceased defendant present.
Matter is adjd.to 10-08-2023 for steps by deft.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Adv. Aparna Duble  for plaintiff present.
Adv. Nikita Lad for defendant present.
Matter is adjd.to 05-10-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Adv. Rohit Kurmi Subhash Nalawade a/w plaintiff present
None for defendant
On the last date i.e. 10-08-2023 the plaintiff Counsel tendered draft C/S   with supporting affidavit t.o.r. - O- Leave is granted to register the draft  C/S to substitute the deceased sole defendant by his legal representatives on record. Leave granted to register the draft C/S.  The opposite party received copy of the draft C/S. Notice be issue to the proposed Lrs of said deceased defendant to show cause why they should not be brought on record in place of deceased defendant.
Matter is adjd.to 01-12-2023 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Matter pertain to C. R. 62.
Adv. Rohit Kurmi a/w  plaintiff present and filed registered C/S No. 1835/23  along with affidavit in support t.o.r.
None for defendant
Matter is adjourned to 17-01-2024 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Adv. Aparna Dubale  for plaintiff present.
Adv. Nikita Lad for defendant present.
Matter is adjourned to 07-02-2024 for C/Sreply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: None for plaintiff.
Adv. Nikita Lad for defendant present.
As Court is busy in dictating judgment in SU 600/13.
Matter is adjourned to 19-03-2024 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 18-06-2024 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: Adv. Aparna Dubale for plaintiff present.
None for defendant
Matter is adjourned to 09-08-2024 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
Plaintiff alongwith his Adv.Ratna Rajshirke is present.
None for defendant present.
Matter is adjourned to 26/09/2024 for hearing on C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Adv. Rohit Kurmir h/f Adv. Subhash Nalawade for plaintiff present and requested time for argument.
None for defendant.
Matter is adjourned to 12.11.2024 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: Adv. Sushant Sahu for plaintiff present.
None for defendant.
Matter is adjourned to 16.01.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: Adv. Rohit Karnik for plaintiff present.
None for defendant.
Matter is adjourned to 24-02-2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: Adv. Subhash Nalawade for plaintiff present.
None for defendant.
Matter is adjourned to 22-04-2025 for CS Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: Adv. Rohit K. for plaintiff present.
None for defendant.
Order in CS No. 1835/2023
The present CS is taken out by the plaintiff for bringing on record the legal heirs of defendant who expired on 26.7.2022.
The proposed defendant has failed to file reply.
It appears that defendant expired on 26.7.2022 and thereafter it was incumbent on the part of plaintiff to bring his legal heirs on record within stipulated period of 90 days from the date of knowledge.
It further appears that advocate for the defendant had provided death certificate of defendant on 20.06.2023 and also intimated the names of legal heirs of defendant on the same date.
Accordingly, CS was taken out on 12.10.2023. But there is a delay which is not inordinate or deliberate. Therefore the delay ought to be condoned and plaintiff ought to be granted permission to bring on record legal heirs of deceased defendant.
Accordingly, CS is deserves to be allowed and is disposed of accordingly.
Matter is adjourned to 11.07.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: Adv. Aparna Duble a/w plaintiff present and filed application for extension of time to file amended plaint. It is taken on record and marked as Exh.6.
O- Heard the plaintiff and his advocate 03 months has passed from the order. Last chance granted to file amended plaint.
None for defendant.
Matter is adjourned to 10.09.2025 for filing amended plaint.
Next Purpose: FOR___________________
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Rohit Kurmi a/w plaintiff present and tendered amended plaint copy.
None for defendant.
Issue writ of summons upon newly added defendant no.1a to 1c through bailiff.
Matter is adjourned to 04.12.2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: Adv. Rohit Kurmi for plaintiff present.
None for defendant.
Matter is adjourned to 24.02.2026 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: NOT ON BOARD TAKEN ON BOARD.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 14-03-2026 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 14-03-2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: Matter pertains to C.R. No. 62.
Plaintiff present.
None present for Defendant.
Matter not settled before Lok-Adalat.
Matter adjourned to 20-04-2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: Court is on leave.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.48 am
Adv. Rohit Kurmi for plaintiff present.
None for defendant.
Kept Back.
Later on at 12.30 pm
Adv. Rohit Kurmi for plaintiff present and  tendered draft chamber summons alongwith affidavit in support. O- Leave is granted to register Chamber Summons.
Matter is adjourned to 04.09.2026 for Chamber Summons Service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
In First Session
Adv. Rohit Kurmi h/f Adv. S. P. Nalavade for plaintiff present and tendered registered Chamber Summons No. 1396/2026 alongwith affidavit in support.
Advocate for plaintiff tendered draft notice of motion alongwith affidavit in support (for temporary injunction). O- Leave is granted to register Notice of Motion.
Kept Back.
Later on at 04.40 pm
Adv. S. H. Singh for plaintiff present.
None for defendant.
Matter is adjourned to 27.10.2026 for Affidavit of service of NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2026

CHAMBER SUMMONS/101396/2026
CHAMBER SUMMONS/101835/2023

Registration Number: 100531/2019
Transfer Date: 03-05-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100531/2019
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: 115415/2018
Filing Date: 21-11-2018
First Hearing Date: 05th March 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE