Mohd. Naim Mohd. Umar SayedVsMohd. Amanullah Maqbool Shah

Date: 04-02-2019
Business: Adv. N.K.Dubey for Plaintiff present.
Ex.2 Adv. Jayesh Shukla filed V/n for Defendant t.o.r.
Copy of plaint alongwith documents is supplied to Defendant.
Adj for written statement to 03.04.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Adv. N.K.Dubey for Plaintiff present.
Adv. Jayesh Shukla for Defendant present.
Written statement filed by defendant t.o.r.
WS is not filed within prescribed period of 30 days.
Defendant has to take appropriate proceeding for taking WS on record.
Adj for steps to 29.06.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: By Precipe.
Adv. Shukla for Defendant present.
He tendered draft NM t.o.r.
Leave is granted to register it.
Copy be given to other side.
Adj for service to 26.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Plff and Adv absent.
Adv. Mitali Shah for Defendant present.
Registered NM No.1591/19 filed by Defendant t.o.r.
Adj for NM reply to 04.05.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Plff and Adv absent.
Adv. Nitesh Pandey for Defendant present.
Adj for service and reply to 07.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. V.T.Dubey for Plaintiff present.
Adv. Jayesh Shukla for defendant present.
Say filed by Adv for Plaintiff to NM no.1591/19.
Order below NM No.1591/19.
Read Notice of motion, affidavit in support of it, reply of Plaintiff and Roznama.
Heard respective counsel for parties.
Notice of motion is taken out by the defendant to condone delay of 38 days in taking out notice of motion and to take written statement on record.
It is contended that copy of plaint and documents were served upon defendant on 04.02.2019 and matter was adjourned for filing written statement on 03.04.2019. However, defendant could not file written statement within prescribed period. Defendant had tendered written statement on 03.04.2019 but it was not taken on record and defendant was directed to take appropriate proceeding for taking written statement on record. It is contended that written statement could not be filed within prescribed time as Advocate on record had urgently rushed to his native place to attend his mother who was seriously ill from 10.03.2019 and subsequently his mother expired on 17.03.2019. It is further contended that Advocate on record returned to Mumbai on 02.04.2019 after completion of last rites and rituals. In above background defendant has made prayer in above terms.
Plaintiff has objected to Notice of motion.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
Keeping in view above legal position, I have considered present notice of motion. It is apparent that due to non availability of Advocate on record of defendant for reasons beyond his control, he could not file written statement within prescribed period of 30 days. It is apparent from Roznama dtd.03.04.2019 that defendant has tendered written statement but it was not taken on record for the reason of delay caused in filing of same. For the reason as mentioned above, the defendant cannot be made to suffer. In my view delay caused cannot be said to be deliberate. Moreso, delay caused is not inordinate. I am of the view that reasons assigned by the defendant is sufficient to condone the delay and his tendering of written statement on 03.04.2019 itself shows his bonafide. Therefore, I am inclined to allow present notice of motion. Hence, pass following order.
ORDER
1. Notice of Motion No.1591/19 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Written statement tendered by defendant be taken on record.
3. Accordingly, NM is disposed off.
Ex.3 Written statement filed by defendant t.o.r.
Copy of WS be served upon Plaintiff.
Adj for framing of issues to 15.10.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: None present for plaintiff.
Adv. Jayesh Shukla for defendant present.
Adjd to 17.12.2019 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Arun Dubey for plaintiff present.
Adv. Nitesh Pandey for defendant present.
Plaintiff present.
Copy of W/s supplied to the plaintiff.
Adjourned for issues to 7.01.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Arun Dubey for plaintiff present.
As court busy in hearing other matter, hence adjourned.
Adjourned to 17.02.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: P. O. is on Leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present.
Matter stands Adj for framing of issues to 16.02.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present.
Matter stands Adj for Framing Issues to 31/03/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Both parties and their Adv absent.
Matter stands Adj for Framing Issues to 22/06/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Adv M. K. Dube for plff present.
He seeks time to file draft issues.
None for deft.
Matter stands Adj for Draft Issues to 27/10/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Both parties and their advocate are absent.
Matter stands Adj for draft issues on 20.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Vijaya Rani for plaintiff present.
None for defendant.
Matter is adjd for draft issue to 03/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order 178 of 2022 dated 25.08.2022, holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is taken on todays board and for want of time matter is adjourned to 08.10.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: Adv.Vijaya Rani Prasad for plaintiff present.
She seek time for filling draft issue. Time granted.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 28/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 17/2/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Both parties and their advocate are absent.
Matter adjourned for draft issue to 08/06/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Both parties and advocate absent.
Matter adjourned for draft issues on 06.09.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Pandey for defendant present.
Matter adjourned for draft issues to 31.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Pandey for defendant present and seeks time. O- Granted.
Matter adjourned for draft issues on 08.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Advocate Fawaz h/f Dubey for plaintiff present.
He seeks time to file draft issues.
Defendant and Advocate absent.
Matter adjourned for  Draft Issues on 04.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: PO is on half day leave in First Session, hence matter is adjourned.
Matter adjourned for draft issues on 29.04.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Both parties and advocate absent.
Later on at 11.35 A.M.
Advocate Mr. Pandey for defendant present.
Matter adjourned for draft issues on 31.07.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: PO is on leave, hence adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: Advocate Mr. N.K. Dubey for plaintiff present.
Defendant and advocate absent.
Matter is adjourned for draft issues on 24.03.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Advocate Mr. N.K. Dubey for plaintiff present.
Defendant and advocate absent.
Matter is adjourned for draft issues on 11.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: Advocate Mr. N.K. Dubey for plaintiff is present. He seeks time.
None for defendant.
Matter adjourned to 18.11.2025 for filing draft issues by both the parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: None present for the parties.
Matter adjourned to 09.01.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: None present for the parties.
As such there exists an element of settlement. Hence this suit be referred to Lok- Adalat dated 14.03.2026. Issue notice to both the parties to remain present on National Lok-Adalat on 14.03.2026.
Matter adjourned to 25.03.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026
Panel No. 4 Panel Head M. B. Oza along with member Adv. Nalini Sunil Sonawane present.
Plaintiff absent.
Defendent absent.
Advocate for Plaintiff  present.
Advocate for Defendent present.
Matter is not settled before the Lok-Adalat. Hence, Case adjourned.
Adjd. to 08/04/2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: None present.
Draft issues not filed.
Matter adjourned to 09.07.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: Adv. N. K. Dubey for plaintiff present.
No one appear for defendant.
Learned advocate submits that issue may be frame on the basis of pleading. Issues framed
Exh. 4 Issues
Matter adjourned for recording evidence. 20/08/2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: Adv. Sharda Dwivedi h/f  V.T. Dubey for the plaintiff is present.
None for the defendant
plaintiff seeks time to adduce evidence.
Matter adjourned for recording of  evidence to 27/10/2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2026

NOTICE OF MOTION/101591/2019

Registration Number: 100123/2019
Transfer Date: 08-07-2026
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 100450/2019
Filing Date: 10-01-2019
First Hearing Date: 04th February 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE