Ulash Harishchandra DhargalkarVsPadmakar Desai +1 more

Date: 29-03-2022
Business: 718/2022 (by precipe)
Adv. Desai for plaintiff present.
Adv. Dwivedi for defendant present.
This is original proceeding of Small Cause Court bearing Suit No. LEC 106/142 of 2010 is transferred to this Court as per the Order of Hon''ble High Court, in Miscellaneous Civil Application No. 105/2020 dt. 01/12/2021 as the Suit no. 72/2013 is pending in this Court which has resemblance about the issue involved in the suit.
Small Cause Court bearing Suit No. LEC 106/142 of 2010 is now re-numbered in this court and numbered as 718/2022.
Hence, it is proper to kept both matters in same date.
Adj for recording evidence (ph) to 20-04-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: 718/2022
Adv. Desai for plaintiff present.
Adv. Vijit Trivedi for defendant present.
Learned advocate for plaintiff orally requested time for hearing.
Time granted.
Connected suit no. 72/2013 is adj on 05/05/2022
Adj for recording evidence (ph) to 05-05-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: 718/2022
Adv. Dwivedi for plaintiff present.
Adv. P. Bedi for defendant present
As connected Suit no. 72/2013 is adj on 06/06/2022.
Adj to recording evidence (ph) to 06-06-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: 718/2022
Adv. Samant for plaintiff present.
None for defendant.
Exh.     Adv for plaintiff filed Vakalatnama. t.o.r.
KB, later on, same appearance
Adj for recording evidence (ph) to 17-06-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: 718/2022
Adv. Vijeet for plaintiff present.
Adv. Samant for defendant present.
In suit no. 72/2013 order passed in draft Notice of motion on 17/06/2022.
As per the said order suit no. 72/2013 and 718/2022 are clubbed together.
Suit no. 72/2013 is adj on 15/07/2022.
Adj for recording evidence (ph) to 15-07-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: 718/2022
Plaintiff present.
None for defendant.
Kb, later on
Adv Vijeet for plaintiff present.
Adv. Samant for defendant present.
Rest of the appearance is same.
As connected Suit No. 72/2013 adj on 01/08/2022.
Adj for recording evidence (ph) to 01-08-2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: 718/2022
Adv. Sharma for plaintiff present.
Adv. Samant for defendant present.
As connected Suit No. 72/2013 adj on 25/08/2022.
Adj for recording evidence (ph) to 25-08-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Court is on leave. Adj to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: 718/2022
Plaintiff and their advocate are absent.
None for defendant.
As connected Suit No. 72/2013 adj on 10/10/2022
Adj for recording evidence (ph) to 10-10-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: 718/2022 (connected suit  no. 72/2013)
Adv. Vijit for plaintiff present.
Adv. P. Bedi for defendant present.
As connected Suit No. 72/2013 adj on 09/11/2022
Adj for recording evidence (ph) to 09-11-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: 718/2022
Plaintiff and their advocate are absent.
Adv. Bedi for defendant present.
KB, later on,
Adv. Vijit for plaintiff present.
Rest of the appearance is same.
As connected suit no. 72/2013 is adj on 07/12/2022.
Adj for recording evidence (ph) to 07-12-2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: 07-12-2022 CORAM-H.H.1st ADDL. PRINCIPAL JUDGE S.M. BHOSALE (C.R.NO.1)
CS 718/2022
Plaintiff present.
Adv. Nilima Kirve for plaintiff present.
Adve. for Samant defendant present.
Plaintiff seeks time.
As connected Suit No. 72/2013 is adj to 06-01-2023 hence this matter is adj for recording evidence (ph)  to 06-01-2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: 718/2022 @ 72/2013
Adv. Dwivedi for plaintiff present.
Adv. Samant for defendant present.
As connected suit no. 72/2013 is adj on  27/01/2023
Adj for recording evidence (ph) to 27-01-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Presiding Officer is on  leave. Hence, matter is adj to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: COURT IS VACANT
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: COURT IS VACANT
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: 718/2022 @ 72/2013
Adv. Vijit for plaintiff present.
Adv. Rutuja Mahadik  for defendant present.
Learned advocate for plaintiff orally requested time
On request of advocate for plaintiff,
Adj for recording evidence (ph) to 27-04-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: 27/04/2023 CORAM-H.H.J. Smt. N. S. Anekar (Adhoc Civil
                    and Assistant Session) (C. R. NO.1)
718/2022
Adv. Mahadik for plaintiff present.
Adj for recording evidence (ph) to 16-06-2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: 718/2022 @ 72/2013
Adv. Vijit for plaintiff present.
None for defendant.
Adj for recording evidence (ph) to 26-07-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: 718/2022 @ 72/2013
Adv. Divyam for plaintiff present.
Adv. Mahadik for defendant present.
KB, later on,
Adv. Vijit for plaintiff present.
Rest of the appearance is same.
As connected matter is adjourned on 12/09/2023.
Adj for recording evidence (ph) to 12-09-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: 12/09/2023 CORAM-H.H.1st Addl. Principal Judge SHRI V. V. PATIL
                    (C. R. NO.1)
SU 718/22
Adv. N. G. Samant for plaintiff present.
Adv. Alok Singh for defendant present.
As connected matter is adjourned on 18/12/2023.
Matter is adjourned for filing evidence to 18/12/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: 08/02/2024 CORAM-H.H.J. SHRI T. T. AGLAWE (C. R. NO.16)
SU 718/2022 (Matter pertains to C. R. No. 1)
Adv. Rutuja Mahadik for defendant present.
Advocate for the defendant tendered draft notice of motion alongwith supporting affidavit. t.o.r. Leave granted to register the same.
Copy be served to otherside on or before next date.
Matter is adjourned for filing evidence / N/M service to 05-04-2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: 05/04/2024 CORAM-H.H.J. DR. (SMT.) SRISHTY NEELKANTH
                    (C. R. NO. 1)
718/2022
Adv. Anuj Singh for plaintiff present.
Adv. Rutuja Mahadik for defendant present.
Advocate for the defendant tendered Original registered Notice of
motion no. 920/2024 alongwith supporting affidavit. t.o.r.
Copy served.
Adj for reply to notice of motion / recording evidence (ph) to 21-06-2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Court is vacant
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: 23/07/2024 CORAM-H.H.1st Addl.Principal Judge SHRI. R. N. ROKADE
                    (C. R. NO.1)
SU 718/22
(NM No. 920/24)
Adv. Vijit Trivedi for plaintiff present.
Adv. Samant for defendant present.
Say given by advocate for plaintiff on NM No. 920/24 itself.
Heard both sides on NM No. 920/24.
KB LO
F.R.S.R. following order is passed -
                     ORDER
1. Notice of Motion No.920 of 2024 is hereby allowed.
2. Permission is granted to deposit maintenance charges of the suit premises at the rate of Rs.3,000/- per month from October-2023 till final disposal of SC Suit No.718/2022 as per order dated 14.9.2012 below Exhibit-7 in L.E. and C. Suit No. 106/142 of 2010, in this court.
3. Notice of Motion No.920 of 2024 stands disposed of  accordingly.
Matter is adjourned to 03/09/2024 for compliance / recording evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: 03/09/2024 CORAM-H.H.1st Addl.Principal Judge SHRI. R. N. ROKADE
                    (C. R. NO.1)
SU 718/22
Adv. Vijit Trivedi for plaintiff present.
Adv. N. G. Samant for defendant present.
As the connected SU 72/13 adjourned on 18/10/2024
Hence, matter is adjourned to 18/10/2024 for compliance / recording evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: 18/10/2024 CORAM-H.H.1st Addl.Principal Judge SHRI. R. N. ROKADE
                    (C. R. NO.1)
SU 718/2022
MHCC04-002508-2022
Adv.  Aloysha for plaintiff present.
Adv.  Sawant for defendant present.
Exh. 88 Adv for plaintiff filed adjournment application. t.o.r.
O- Perused the application. The plaintiff is not keeping well. Hence the matter is adjourned.
Matter is adjourned to  25-11-2024  for Cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: 25/11/2024  CORAM-H.H.1st Addl.Principal Judge SHRI. R. N. ROKADE
                    (C. R. NO.1)
SU 718/2022
MHCC04-002508-2022
Adv.  Anuj Singh i/b Ganesh and Co. for plaintiff present.
Adv. Shraddha for defendant present.
PW-1 absent.
Exh.89  Adv for plaintiff filed adjournment application. t.o.r.
O- Allowed.
Matter is adjourned to 24-01-2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: 24/01/2025  CORAM-H.H.1st Addl.Principal Judge SHRI. R. N. ROKADE
                    (C. R. NO.1)
SU 718/2022
MHCC04-002508-2022
Adv. Vijeet Trivedi for plaintiff present.
Adv. Samant for defendant present.
PW-1 absent.
Advocate for the defendant tendered draft notice of motion alongwith supporting affidavit. t.o.r. Leave granted to register the same.
Defendant is directed to serve NM upon other side through court bailiff.
Exh.90  Adv for plaintiff filed adjournment application.
O- Perused the application and medical certificate placed on record. It appears fromt the medical certificate that the plaintiff is suffering from a chronic disease. Considering the nature of illness, the matter is required to be adjourned.
Matter is adjourned to  27-02-2025  for NM service /reply/cross-examination of PW-1.
Later on.
Advocate for the defendant  tendered Original Notice of motion No. 341/2025 alongwith supporting affidavit. t.o.r.
Matter is already adjournmed to 27-02-2025 for NM reply.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: 27/02/2025 CORAM- H.H.J. SHRI. R. N. Rokade         (C. R. NO. 17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv. Vijeet Trivedi for plaintiff present.
Adv. N. G. Samant for defendant present.
Exh. 91 Adv for plaintiff filed adjournment application.
O- Perused the application and medical certificate placed on record. Considering the health of the plaintiff, the matter is adjourned till next date.
F.R.S.R. following order is passed -
                     ORDER
1)	Notice of Motion No.341 of 2025 is hereby allowed in terms of prayer clause (a).
2)	Notice of Motion No.341 of 2025 stands disposed of  accordingly.
Adj to 03.04.2025 for reply on N/m.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: 03/04/2025 CORAM- H.H.J. SHRI. R. N. Rokade         (C. R. NO. 17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv. Anuj Singh i/b Ganesh and Co. for plaintiff present.
Adv. N. G. Samant for defendant present.
Exh. 92 Adv for plaintiff filed adjournment application.
Say filed by adv for defendant on Exh. 92.
O- Perused the application and medical certificate placed on record. Considering the reasons put forth and medical certificate placed on record, the matter is adjourned till next date.
Adj to 19.06.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: 19/06/2025 CORAM- H.H.J. SHRI. M. MOHIUDDIN  M. A.  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
None for plaintiff.
Adv N. G. Samant for defendant present.
The connected matter is adjourned on 08.07.2025
Matter is adjourned to 08.07.2025 for recording evidence.
Lo
Adv. Vijeet for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: 08/07/2025 CORAM- H.H.J. SHRI. M. MOHIUDDIN  M. A.  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet for plaintiff present.
Adv N. G. Samant for defendant present.
Both the parties have submitted that the defendant in Civil Suit no. 72/2013 is suffering from some ailment and requested time to take steps. As already matter adjourned for necessary order on last date. Therefore on request of both the parties matter adjourned.
Matter is adjourned to 21.07.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: 21/07/2025 CORAM- H.H.J. SHRI. M. MOHIUDDIN  M. A.  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet Trivedi for plaintiff present.
Adv N. G. Samant for defendant present.
Kb
Lo
Same appearance
Exh. 93 Adv for plaintiff tendered application for closing the evidence of defendant.
O- The application is seen and filed.
Matter is adjourned to 03.09.2025 for recording evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2025

Date: 03-09-2025
Business: 03/09/2025 CORAM- H.H.J. SHRI. M. MOHIUDDIN  M. A.  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet Trivedi for plaintiff present.
Adv N. G. Samant for defendant present.
Adv for defendant seeks time to file evidence.
Matter is adjourned to 08.10.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: 08/10/2025 CORAM- H.H.J. SHRI. M. MOHIUDDIN  M. A.  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
None for plaintiff.
Adv Ankita Parwadi for defendant present.
Exh. 94 Adv for defendant tendered application for adjournment.
O-  Considering the grounds adjournment granted.
Matter is adjourned to 19.11.2025 for recording evidence.
Lo
Adv. Vijeet Trivedi for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: 19/11/2025 CORAM- H.H.J. SHRI. M. MOHIUDDIN  M. A.  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv. Vijeet Trivedi for plaintiff present.
Adv N. G. Samant for defendant present.
Exh. 95 Adv for defendant filed an adjournment application.
O- Allowed.
Matter is adjourned to 09.12.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2025

Date: 09-12-2025
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2026

Date: 31-01-2026
Business: 31/01/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 718/2022 (By precepie)
MHCC04-002508-2022
Adv. Vijeet Trivedi i/b Ganesh and Co. for plaintiff present.
Advocate for the plaintiff tendered draft chamber summons alongwith supporting affidavit. t.o.r. Leave granted to register the same.
Plaintiff is directed to serve Chamber Summons upon other side through court bailiff.
Ch/s returned to the adv for plaintiff for registration and service.
Adjourned to 02.02.2026 for Ch/s service.
Next Purpose: SERVICE
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: 02/02/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet Trivedi i/b Ganesh and Co. for plaintiff present.
Adv Ankita Parwadi for defendant present.
The adv for plaintiff tendered registered Ch/s no. 143/2026  alongwith affidavit of support.
Order below Ch/s no. 143/2026.
The adv. for defendant gave no objection for allowing the Ch/s which is filed for bringing the legal heirs of plaintiff on record. It being Ch/s simpliciter for bringing the legal representative of deceased plaintiff filed within limitation, allowed in the interest of justice. The plaintiff is directed to amend the plaint and file amended copy on record and also to serve defendant within four weeks. The Ch/s no. 143/2026 is hereby disposed of accordingly.
Matter is adjourned to 10.03.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2026

Date: 10-03-2026
Business: 10/03/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet Trivedi for plaintiff present.
Adv N. G. Samant for defendant present.
Exh.96 Adv for plaintiff tendered application for extension of time to carry out amendment.
O- Allowed.
Matter is adjourned to 24.03.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: 24/03/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Harsh Shah i/b Ganesh and Co. for plaintiff present.
Adv N. G. Samant for defendant present.
Adv for plaintiff seeks time for tendering amended copy of plaint on record.
Matter is adjourned to 02.05.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2026

Date: 02-05-2026
Business: 02/05/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet Trivedi for plaintiff present in morning session.
Adv Ankita Parawdi for defendant present in morning session.
Adv for plaintiff seeks time for service of amended plaint.
Matter is adjourned to 21.07.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: 21/07/2026 CORAM- H.H.J. SHRI. S. M. Agarkar  (C. R. NO.17)
Civil Suit 718/2022
MHCC04-002508-2022
Adv Vijeet Trivedi for plaintiff present.
Adv N. G. Samant for defendant present.
Copy of amended plaint supplied to adv for defendant.
Matter is adjourned to 28.09.2026 for additional written statement subject to limitation.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-09-2026

Date: 28-09-2026
Business: P. O. is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2026

Chamber Summons/143/2026
Notice of Motion/341/2025
Notice of Motion/920/2024

Registration Number: 718/2022
Transfer Date: 21-02-2025
From Court: 1 - 2nd Additional Principal Judge City Civil and Sessions Court Dindoshi
To Court: 17 - Judge City Civil Court and Additional Sessions Judge

Filing Number: 2597/2022
Filing Date: 22-03-2022
First Hearing Date: 29th March 2022
Court Number And Judge: 17-Judge City Civil Court and Additional Sessions Judge