Mohamed Rasool Agha Mohamed (Aslam)VsJai Pratap Maniar

Date: 20-03-2019
Business: Adv for plaintiff. Mr. Patil present.
Adv for plaintiff requested for adjournment
O-Granted
Matter is Adjd for Directions to 27/06/2019
Next Purpose: DIRECTIONS
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: None for the plaintiff.
Adv for deft Mr.Jagasia present
Matter is Adjd for Filling Affidavit of Service to 23/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Adv. Patil for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p.
Exh.3- List of document
Exh.4- Memorandum of address.
Exh. 5- Affidavit of service filed by plaintiff. t.o.r.
Suit summons is served to deft through court bailiff. Deft absent. Suit to proceed exparte.
Exh. 6- Certificate of non appearance.
Exh. 7- Claim affidavit
Exh.8- List of document
Exh. 9- Evidence close pursis.
Adjd. for exparte argument to 04.09.2019.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: None for plaintiff
Adv. Jagati for deft present.
Adjd. to 16.09.2019 for hearing (PH)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 16/10/19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. B.S. Patil for plaintiff present.
Adv. Sanjay Bhatia for deft. Present.
LD adv. for deft. has pointed out already in this case the V/p was filed on behalf of deft. on 16.04.2019 therefore, matter could not be proceeded exparte. I have perused roznama. It seems that on 16.04.2019 deft has filed his appearance. The affidavit of service shows that deft was served on 05.04.2019 which means within time the deft has filed appearance.  However, inadvertently the matter is posted exparte. To set the record correct. The order of exparte is set aside as deft has already filed his appearance within time. Plff to file SJ.
Adjd. to 22.11.2019 for SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. B. S. Patil for plaintiff present and Tendered Draft Summons for judgement leave to registered S/J.
Order .  leave to registered returnable on dt. 19.12.2019.
Adv. Sneha Chugh I/b adv. Jagasiya for defendant presen and filed List of document. Order . Seen and file
She also filed application for discharge of appearance.
Order . Seen and file
Matter is adjd to 19.12.2019 for Reply / Service.
Next Purpose: SERVICE
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: P.O. is on leave.
Matter is adjd to 10/02/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Balbheem Patil for plff. Present
Adv. Shena ChughFor deft. Present.
Adv. For the plff. Tendered original summons for judgment no. 290/19. t.o.r.
Matter is adjd to 27.03.2020 for reply of S/J
Next Purpose: REPLY
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: REPLY
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Next Purpose: REPLY
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: REPLY
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: P.O. is on leave.
Matter is adjd to 28.04.2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 09/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 27.09.2021  for reply.
Next Purpose: REPLY
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is Vacant.
Next Purpose: REPLY
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None present.
Matter is adjd for reply to 01-04-2022
Next Purpose: REPLY
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPLY
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Advocate Mr. B.S. Patil for Plaintiff present and tendered tendered registered SJ No. 290/19 on record a/w the affidavit.
He seeks time to file service affidavit. O-Time granted to serve the defendant.
None for Defendant.
Matter adjourned to 27-09-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. B. S. Patil for Plaintiff present.
None for Defendant.
Advocate Mr. Patil for plaintiff filed affidavit of service with respect to summons for judgment.  From the affidavit it transpires that the copy of summons for judgment is served on defendant through RPAD on 16.12.2019.  As such service is complete.
It appears that the advocate for defendant has filed discharge (Exhibit-11).  Hence, issue notice to the defendant on Court Motion by RPAD returnable on 06.12.2022.
Next Purpose: REPORT
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: None for plaintiff.
None for defendant.
As the Ld. advocate for deft. had sought discharged, notice was directed to be issued to the deft. Accordingly, notice was issued to the deft. on 28-9-2022. The notice and postal acknowledgment reveals that same was served on the deft on 4-10-2022. Despite service, deft failed to appear and file reply to SJ.  Hence, suit to proceed without reply on SJ. for ex-parte SJ hearing .
Matter is adj to 22-2-2023 for hrg. SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: None for plaintiff.
None for defendant.
By order dated 06/12/2022 the suit is proceeding without reply to SJ.  Plaintiff was directed to tender original documents in support of SJ, however plaintiff failed to do so.  Still in the interest of justice as a last chance, matter is adj to 26/04/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy in argument SJ No.113/19 in SUM No.369/18, SJ No.114/19 in SUM No.368/18, and dictating order in SJ No.113 of 2019, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 02/08/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: As a Court busy decteting order in NM No. 134/2023 and Record evidence in Sessions Case No. 260/2014, hence Afternoon remaining board is discharged.
Matter is adj to 20/10/2023 for  SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. B. S. Patil for plaintiff is present and submitted that original documents are already on record.
Matter is adj to 20.12.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and his advocate are absent.
Matter is adjourned to 25/03/2024 for SJ hearing (without reply).
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-03-2024

Date: 25-03-2024
Business: HOLIDAY
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to argue on Summons for judgment.
Matter is adj to 25.07.2024 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 09.09.2024 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Court is on half day leave(in first session).
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. B. S. Patil for plaintiff is present.
The defendant and his counsel are absent.
Heard counsel for plaintiff on Summons for judgment.
Matter is adj to 08.11.2024 for further argument/order on Summons for judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. B. S. Patil for plaintiff is present.
FRSR following order is passed on SJ No.290/19
Order
1)Summons for Judgment No. 290/2019 in Summary Suit No. 175/2019 is dismissed.
2)Summary Suit No. 175 of 2019 is hereby dismissed.
3) No order as to costs.
4)  The decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 08-11-2024

SUMMONS FOR JUDGT/100290/2019

Registration Number: 100175/2019
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100175/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100175/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 100214/2019
Filing Date: 04-01-2019
First Hearing Date: 20th March 2019
Decision Date: 08th November 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE