Aslam Jumerati ShaikhVsIslam Jumerati Shaikh and Ors.

Date: 20-01-2020
Business: Advocate Mr. Mohd. Sherif @ Plaintiff present and filed registered Notice of Motion no.53/2020 with affidavit in support, t.o.r.  He also filed affidavit of service, t.o.r.   Plaintiff advocate submitted that writ of summons is yet to be served upon Defendant no.2 who was not available for service of summons through bailiff, hence time may be extended.  Time extended till next date.
Defendant no.1 present and sought time to engage lawyer for himself.
No one present for Defendant no.3.
Case is adjourned to 21/03/2020 for steps by Plaintiff and for filing vakalatnama by Defendant no.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: Advocate for Plaintiff present and sought extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 29/06/2020.
Next Purpose: SERVICE
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: SERVICE
Next Hearing Date: 27-08-2020

Date: 29-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: SERVICE
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Adv. Mohmmed Sheriff for Plaintiff Present and requested for extension of time to serve W/Summons and Notice of Motion.
Time Granted.
None present for Defendants.
 hence case is adjourned to 04/01/2021 for  Service.
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Matter mentioned in the morning session by advocate Mr. Sheriff for the Plaintiff. He seeks extension in time to serve det. no.2 with the notice of motion.  Since extension is being claimed for effecting service of Notice of Motion on Defendant no.2, matter is taken up in the morning session. Extended time to se5rve Defendant no.2 is granted till next date.
Matter is adjd. For service of notice of Notice of Motion on Defendant no. 2 to 20.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv.Mohamed Sheriff for plaintiff present.
And filed affidavits of service. Affidavits filed by the plaintiff show that all the defendants are properly served.
None present for the defendant.
Adjd.for reply/order to 07/06/2021.
                                                                            Judge
Later on: In the afternoon session.
Adv.Ms.Jyotsna Kondhalkar appeared for def.No.s 1 & 3 and filed vakalatnama at Exh.2 on behalf o def. No.1 & 3. She aso filed affidavit in reply of def. No.1 & 3 to N/M No.53/2020.
He also filed drat notice of motion @ affidavit in support for delay condoatio.  O- Leave to register is granted with direction to serve the plaintiff.
She has placed on record the proposed W/st. Of def. No. 1 and 3. It is kept on record with direction that it will be considered only if the N/M.for delay condonation is allowed.
Already adj.d to 07/06/2021.
Next Purpose: SERVICE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-08-2021

Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Adv Mr. Mohd. Sherif 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. Jyotsna Kondhalkar filed V.P. at Exh.5 on behalf of deft No.2 and also filed draft Notice of Motion along with affidavit in support for delay condonation on behalf of deft No.2. O-Leave to register is granted with direction to serve the plff.
She also tendered registered NM No.1155/2021 on behalf of deft Nos.1 and 3 along with affidavit in support.
Copies of both NM served on adv. for plff.
Matter is adjd. for NM reply to 13.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv Mr. Sheriff present for plff. and seeks adjournment.
Adv Ms. Jyotsna  present for deft. and seeks extended time to register the NM taken out for delay condonation. O- Time extended till next date.
By consent, matter is adjd. for NM reply to 08.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv Ms. Kajal Chaurasiya filed vakalatnama on behalf of plff at exh.6 with no objection of previous advocate.
Adv Mr. Khan present for deft.2 and tendered registered NM No. 2446/2021 along with affidavit in support.
Adv for plff seeks time to file reply.
Matter is adjd. for NM reply to 17.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Mr. Mohit Jadhav i/b Adv Kajal Chaurasiya  present for plff. and filed affidavit in rejoinder in N.M.No.53/2020.
Adv Ms. Jyotsana Kondhalkar present for defts.
By consent, matter is adjd. for NM hearing and reply to 09.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 09-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv Kajal Chaurasia  present for plff. and filed affidavit in reply in NM No.1155/2021 and NM No.2466/2021. Copies given to adv for deft.
Adv Jyotsna Kondhalkar present for deft.
By consent, matter is adjd. for NM hearing to 22.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Gayatri h/f Adv. Mohd. Shefiff for plaintiff present.
Adv. Joshna Khandalkar for deft. present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16.  For want of time
Matter adjd to 10.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 27-07-2022
Business: Adv. Gayatri h/f Adv. Mohd. Shefiff for plaintiff present.
Adv. Joshna Khandalkar for deft. present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16.  For want of time
Matter adjd to 10.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 27-07-2022
Business: Adv. Gayatri h/f Adv. Mohd. Shefiff for plaintiff present.
Adv. Joshna Khandalkar for deft. present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16.  For want of time
Matter adjd to 10.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 27-07-2022
Business: Adv. Gayatri h/f Adv. Mohd. Shefiff for plaintiff present.
Adv. Joshna Khandalkar for deft. present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16.  For want of time
Matter adjd to 10.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv.Gayatri Kumar for plaintiff present.
Adv.Jyotsna Kondhalkar for deft. present.
Adv. for defts. filed sur-rejoinder in NM No.53/20 t.o.r. and marked as Exh.7. Copy of same is received by plaintiff.
Heard.
KB
LO at 05.30 pm
ORDER IN NM NO.1155/2021
Heard both the parties in NM No.1155/2021. Read the affidavit in support of motion and affidavit in reply. This motion is taken out by defendant No.1 and 3 for condonation of delay. They were appeare to have been served with writ of summons on 13.01.2020. They were required to file written statement within 30 days in the month of February 2020. Ld.Adv.for the defendants relied on judgment of Hon\''ble Supreme Court in suo-motu Writ Petition No.03/2020 wherein the limitation from 15.03.2020 to 28.02.2022 has been excluded. From 15.03.2020 limitation for filing written statement will be saved. However, defendant No.1 and 3 have  not filed written statement within 30 days. Therefore there is delay. Considering the reasons stated in the motion and also to give an opportunity to the defendant, I pass following order.
ORDER
1. Notice of Motion No.1155/2021 is allowed subject to costs of Rs.1,000/-.
2. Delay in filing written statement by defendant No.1 and 3 is condoned.
3. Costs shall be paid on or before next date to the plaintiff.
4. Notice of Motion No.1155/2021 is disposed of accordingly.
ORDER IN NM NO.2466/2021
Heard both the parties in NM No.2466/2021. This motion is taken out by defendant No.2 for condonation of delay in filing written statement. Read the affidavit in support of motion and affidavit in reply. Defendant No.2 appears to have been served with suit of summons on 16.02.2021. The Hon\''ble Supreme Court in suo-motu Writ Petition No.03/2020 passed direction to exclude the period of limitation from 15.03.2020 to 28.02.2022. Therefore defendant No.2 can be allowed to file written statement. Hence, I pass following order.
ORDER
1. Notice of Motion No.2466/2021 is allowed.
2. Defendant No.2 is allowed to file written statement.
3. Notice of Motion No.2466/2021 is disposed of accordingly.
Matter adjd to 08.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Kajal Chourasia  for plaintiff present.
Adv. Priya Upadhyay h/f Jotsna Kondhalkar for defendant no. 1 to 3 present.
Today the defendant no 1 and 3 paid cost as per the order dated 10.10.2022 to the plaintiff and complied with the said order hence Written statement already filed by defendants no 1 and 3 is taken on record and marked as Exh.8.
Written statement already filed by defendant no 2 is taken on record and marked as Exh.9.
The adv. for plaintiff submits that both written statement are received to the plaintiff.
Matter adj. to 22-02-2023 for NM Hearing/Issues.
Next Purpose: HEARING
Next Hearing Date: 22-02-2023

Date: 08-12-2022
Business: Adv. Kajal Chourasia  for plaintiff present.
Adv. Priya Upadhyay h/f Jotsna Kondhalkar for defendant no. 1 to 3 present.
Today the defendant no 1 and 3 paid cost as per the order dated 10.10.2022 to the plaintiff and complied with the said order hence Written statement already filed by defendants no 1 and 3 is taken on record and marked as Exh.8.
Written statement already filed by defendant no 2 is taken on record and marked as Exh.9.
The adv. for plaintiff submits that both written statement are received to the plaintiff.
Matter adj. to 22-02-2023 for NM Hearing/Issues.
Next Purpose: HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Plaintiff present. His Adv.absent. He requested for adjournment as he wants to change the advocate.
Defendant present.
Adv.Rahul Jain h/f.Adv.Jyotsna Kondalkar for defendant present.
Matter adjd to 06.06.2023 for NM hearing/issues.
Next Purpose: HEARING
Next Hearing Date: 06-06-2023

Date: 22-02-2023
Business: Plaintiff present. His Adv.absent. He requested for adjournment as he wants to change the advocate.
Defendant present.
Adv.Rahul Jain h/f.Adv.Jyotsna Kondalkar for defendant present.
Matter adjd to 06.06.2023 for NM hearing/issues.
Next Purpose: HEARING
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2023

Date: 06-06-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023

Date: 30-06-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Adv. Omprakash Kamwar for plaintiff present.
Adv. Karuna Sakpal for defendant present.
Matter is adjd.to 31-10-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Adv. Omprakash Kamwal for plaintiff present and filed written argument on NM No. 53/20 t.o.r. marked as Exh.11
Adv. Khan a/w defendant present and received copy of Exh. 11.
Matter is adjd.to 12-12-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv. Omprakash  for plaintiff present.
Adv. Rehan Khan for defendant present.
Matter is adjourned to 11-01-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Omprakash Kamwal a/w Plaintiff present and submitted that written submission is filed by him on 31.10.2023 and matter is for argument of the defendants.
None for defendants No.1 to 3 present.
Considering submission of Adv. Omprakash Kamwal, last chance is given to the defendants who advance argument in NM No.53/2023.
Later on at 3.58 pm.
Adv. Jyotsna Kondhalkar for defendants No.1 to 3 present and submitted that she does not have instructions from defendant No.2 and she wants to withdraw vakalatnama for defendant No.2. She prayed for adjournment. O - Granted.
Matter stands adjourned on 21.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Advocate Omprakash Kamwal alongwith Plaintiff present.
Advocate Rehan Khan for defendants No.1 to 3 present and filed application intimating details of Lrs of defendant No.3 t.o.r. and marked as Exhibit-12 -Production is allowed.
Matter stands adjourned on 06.04.2024 for taking steps to bring Lrs. of defendnat No.3 on record and Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Advocate Omprakash Kamwal for Plaintiff present and filed draft Chamber Summons alongwith affidavit in support for bring Lrs. of defendant No.3 on record. t.o.r. Leave is granted to register Chamber Summons.
None for defendants No.1 and 2 present.
Matter stands adjourned on 15.06.2024 for filing registered Chamber Summons and affidavit of service regarding Chamber
Summons by the plaintiff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Advocate Omprakash Kodwal for plaintiff present and filed registered Chamber Summons No.1109/2024 t.o.r.
Defendant No.1 in person present.
None for defendant No.2 present.
Matter stands adjourned on 23.09.2024 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: PO is on leave after 1st Session.
Next Purpose: C/S REPLY
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Adv. Omprakash Kamwal for plaintiff present and filed affidavit of service in Chamber Summons No.1109/2024. Seen. Taken on record.
Adv. Ragini Kamble for defendant No.1 present and filed reply to Chamber Summons No.1109/2024. Seen. Taken on record.
Matter adjourned for taking steps in respect of respondent in Chamber Summons No.3 and 5.
Matter stands adjourned on 18/01/2025 for taking steps in respect of respondent in Chamber Summons No.3 and 5.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: Plaintiff present his Adv. absent.
Plaintiff filed service affidavit in respect of Chamber Summons No.1109/2024. Seen. Taken on record.
Plaintiff prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 19/03/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: Adv. Omprakash Kumavat for plaintiff present.
Adv. Jyotsna for defendant No.1 and 2 present and seeks time for filing reply and vakalatnama on proposed defendant. Time granted.
None for other defendant present.
Matter stands adjourned on 19/04/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: Plaintiff present his Adv. absent.
Defendant present his Adv. absent.
Plaintiff and defendant prayed for grant of adjournment. Adjournment granted.
Matter stands adjourned on 23/07/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: Adv. Omprakash Kamwal for plaintiff present.
Adv. Jyotsna Kondhalkar for defendant No.1 present.
None for other defendant present.
Matter stands adjourned on 07/08/2025 for filing reply of rest defendants to Notice of Motion No.53/2020.
Next Purpose: REPLY
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: P.O.is on Leave.
Next Purpose: REPLY
Next Hearing Date: 03-09-2025

Date: 03-09-2025
Business: P.O is on leave
Next Purpose: REPLY
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: P.O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Adv. Kumbhat for plaintiff present.
None for defendant present.
Adv. Jyotsna Kundankar for proposed defendant No.3 and 4 present and filed vakalatnama. O-filed. Taken on record and marked as Exhibit-13.
Finally heard on merits of the Chamber Summons No.1109/2024.
Matter stands adjourned on 19/01/2026 for order on Chamber Summons
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: None for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Court is busy in hearing urgent matter, targeted matters. Hence, matter is adjourned. Parties to take note.
Matter stands adjourned on 28/01/2026 for Chamber Summons orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: Adv. Divya More  for plaintiff present.
None for defendant present.
Keep Back.
Later on.
F.R.S.R. following order is passed in Chamber Summons No.1109/2024.
ORDER
1. Chamber Summons No. 1109/2024 in Suit No. 3405/2019 is  allowed.
2.  The plaintiff is directed to carry out amendment in the plaint and Notice of Motion as per the schedule within stipulated time i.e. two weeks from the date of this order, subject to payment of cost of Rs.500/- to the defendant No.1 within these two weeks.
3. After compliance of the cost and amendment, the plaintiff shall file verified amended plaint on record within two weeks from the date of carrying, the amendment and compliance of the cost and also served copy of the same on the other side within the said two weeks.
4.The proceeding of  Chamber Summons No. 1109/2024 in Suit No. 3405/2019 is closed.
Matter stands adjourned on 10/02/2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: Adv. Om Prakash kamwal for plaintiff present.
Defendant  no 1 in person present.
None for other defendant present.
Plaintiff filed amended plaint and affidavit of service.
Matter stands adjourned on 03-08-2026 for filling Say of defendant no 3a to 3e on Notice of Motion and written statement to the suit.
Next Purpose: REPLY
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: Presiding Officer is on official training.
Next Purpose: REPLY
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Adv. Divya More h/f Adv. Omprakash  a/w plaintiff present and filed draft Chamber Summons along with affidavit. O- Leave granted to register it.
Adv. Ayush Mohite a/w Adv. Sonali Pandrekar i/b Adv. Jyotsana Kondhalkar for defendant no 1, 3, 3(d) and 3(e)  present and south time to file WS a/w proper Notice of Motion
Matter stands adjourned on 16-11-2026 for tendering registered Chamber Summons, affidavit of service and reply.
Next Purpose: REPLY
Next Hearing Date: 16-11-2026

Main Case No: SUIT/0103405/2019
Main Cnr: MHCC010129502019
Main Filing No: 111447

Registration Number: 100053/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 100053/2020
Transfer Date: 11-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 100101/2020
Filing Date: 04-01-2020
First Hearing Date: 20th January 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE