Date: 03-01-2023
Business: As per Office order No. 140 of 2022
Resumed before A.C.J. Shri M.S. Pathan and Shri A.S. Atre, Judge.
Applicant inperson present. Heard. order passed on Exh.1. O - Heard. admitted. Issue notice against respondents on P.F.
Adjd. for alias against respondents no.1 to 4 in Exh.1.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Resumed. Applicant in person present. Respondent and adv. absent.
Exh.6/D - Application for short service on the adv. and respondent no.1 and 2 made by applicant. Heard. Order passed on EXh.6. O - Allowed as per rule.
Adjd. for alias in Exh.1 and Exh.6.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Resumed. Applicant in-person present.
Exh.8/D - Application for substitute service against respondent no.2 and 3, and Service by E-mail to be allowed on Respondent no.4 made by applicant. O- Allowed As per rule.
Adjd. for alias in Exh.8 against respondent no.2, 3 and 4.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Resumed.
Applicant in person present.
Exh-9/D- Application for to serve respondent no. 2 and 3 by way of substitute service made by applicant. Heard. Order passed on Exh-9. O- Allowed as per rule.
Adjn. for alias in Exh-9 against respdt. no. 2 and 3.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Resumed. Applicant in-person present.
Exh.10/D - Application for substitute service upon respondent no.2 and 3 and Service by E-mail be allowed on Respondent No.4 made by applicant in-person. Order - Perused application and bailiff report Repeatedly, bailiff has reported that suit premises is locked and no one found on the said address. Hence, we do not see any effective service can be made on the same address by bailiff. Similarly, service by e-mail to respondent no.4 is already allowed. Hence, present application is rejected with direction to take proper recourse to serve Respondent No. 2 and 3 and furnish the document of service upon Respondent No.4 through e-mail.
Adjd for steps by applicant.
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Resumed. Appellant in-person present.
Exh.11/D - Application for substituted service for Respondent No.2 and 3 by way of pasting made by applicant in-person. O - Allowed as prayed.
Adjd for alias in Exh.11 against respondent no.2 and 3.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Resumed
Applicant in Person Present.
Exh 12/D. Application to serve Respdt. no 2 and 3 through serving copy of the summons on the Adv of the Respdt. Made by Applicant. Order Passed in Exh 12 O - Perused. Heard. As per the bailiff report summons are served by way of pasting. Hence there is no propriety in serving the concerned adv we also do not know if said Adv would be appearing for the Respdt. Hence, the application is rejected with costs.
Adj. for Order against Respdt No. 2 and 3.
(As per Bailiff report Dt. 23 march 2023. Respdt No. 2 and 3. Pasted Exh. 7.
Next Purpose: Order at 11 A.M.
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Resumed. Appellant in-person present. Respondent absent, adv. for respondent no.2 and 3 present.
Exh.13/D - Memo of appearance filed by Adv. Anil A. Jakatdar for respondent no.2 and 3.
Exh.14/D - Application for matter remove from order caption by respondent.
H.W. say give by appellant.
Order passed below Exh.14 - Order - Application is allowed. Matter be remove from order caption.
Adjd. for Hg.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Resumed. Applicant in person present. Adv. for respondent no.2 and 3 present.
Adjd. for S.V. of respondent / Hg. in main.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: As per Office order No. 72 of 2023 Resumed before Shri. M. S. Pathan Addl. Ch. Judge and Shri. D. S. Dabhade, Judge.
Applicant in-person present. Adv. for respondent no.2 and 3 present.
Exh.15/D - S.V. filed by Adv. Anil A. Jakatdar for respondent no.2 and 3.
Heard both sides in main fully.
Adjd. for argument on law point.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: As per Office order No. 72 of 2023 Resumed before Shri. M. S. Pathan Addl. Ch. Judge and Shri. D. S. Dabhade, Judge.
Applicant in-person and adv. for respondent no.2 and 3 present.
Heard both sides fully on law point.
Exh.16/D - Ack. to serve respondent no.4 through e-mail with pursis produce by applicant. O - Filed.
Adjd. Judgment in main.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Resumed.
Adv. for respondent No. 2 and 3 present.
Exh. 16/ A- judgment pronounce in open court.
O- 1 The Revision Application is partly allowed.
2 The impugned order passed by Ld. Trial Court in respect of amendment in the plaint is set aside.
3 The plaintiff is permitted to add the prayer of Mesne Profits as per provisions of Order 20 Rule 12 of the Code of Civil Procedure and carry out the amendment accordingly in the prayer clause.
4 The defendants may file their additional written statement, if any, within stipulated period.
5 No order as to costs.
Revision Application closed.
Nature Of Disposal: Judgement
Disposal Date: 12-06-2023
