Shri. Badruddin Nazir Ahmed KhanVsZaki Ahmed Khan and Ors.

Date: 22-01-2019
Business: Matter adj. for Reply in CS and NM to 25.03.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Matter adj. for  NM Hearing to 13.06.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Matter stands Adj for taking steps to 05.08.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. Pradeep Singh for plaintiff present and filed draft CS along affidavit. Leave granted to register draft CS. Copy served on other side.
Adv. Rahul Singh for defendant no. 3 and 4 present.
Matter stands Adj for reply to CS to 26.09.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Pande for plaintiff present and filed original CS no. 1462/19 along with affidavit.
Adv. Pathak for defendant present and seeks time to file reply. Time granted.
Matter stands Adj for reply to 20.11.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: CA of plaintiff present.
Adv. Prajapati for plaintiff present.
Adv. Gawade for defendant no. 1 and 2 present.
Adv. Rakesh Singh for defendant no. 3 and 4 present.
By consent, Matter stands Adj for CS reply to 09.01.20.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Vanchit Prajapathi for plaintiff present.
Adv. Pathak for defendant no. 3 and 4 present and submitted that he do not want to file the reply to CS and no objection to allow the CS no. 1462/19.
Heard Ld. counsel for both the sides.
In view of no objection of defendant no.3, the CS no. 1462/19 is hereby allowed by condoning the delay, if any, in the interest of justice. Plaintiff shall carry out the necessary amendment within two weeks and thereafter file amended copy of plaint on record.
Matter stands Adj for hearing on Cs no. 108/19 and NM no. 263/19 to 20.02.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Pande for plaintiff present and filed amended copy of plaint. Copy served on defendant no. 1.
Defendant no. 1 present in person.
Matter stands Adj for  hearing on NM and CS to 01.04.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for CS hearing to 29.01.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate H.P.Pandey  for plaintiff present and tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o  02.03.2021.
None for defendant.
The case is adjourned to 02.03.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Advocate H.P.Pandey for applicant present and tendered registered Chamber Summons No. 249/21 along with affidavit in support of Chamber Summons. T.O.R.
None for defendants.
He seeks time to file affidavit of service.
Time is granted.
The case is adjourned to 24.03.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: None for Plaintiff.
Advocate Sayyed for defendant 2 and 4 present and seeks time to file reply.
Time is granted.
The case is adjourned to 03.05.2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Matter called out at 04.31 p.m.
Adv. Ranjeet Prajapati for plaintiff present.
Adv. Rahul Singh for Deft. No. 3 and 4 present.
Adv. Rahul Singh for defendant informed that he has not received copy of CHS No. 249/21. Plaintiff is directed to serve copy of CHS to the defendant within a period of 7 days from today, failing which CHS will be dismissed. Upon receipt copy of CHS, the defendant is directed to file reply on or before next date with advance copy to the other side so that on next date matter can be heard finally.
Matter stands adjourned to 06.10.2021 for CHS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Matter called out at 5.22 p.m.
Adv. H. P. Pandey for applicant present.
Deft. No.2 present in person.
Copy of CS No.249/21 served to Deft. No.2 by the applicant.
Adv. Rajesh Singh a/w Adv. Sanya Khan and Adv. Iftekar Sayyed for Deft. No.3 and 4 present.
Deft. No.2, 3 and 4 are seeking time to file reply.
Matter stands adjourned to 18.11.2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Court is on leave. Hence, board discharge.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Matter called out at 4.07 p.m.
Adv. H. P. Pandey for applicant/proposed plaintiff in CS No.249/21 present.
Adv. Rahul Singh for Deft. No.3 and 4 present.
Deft. No.2 in person present. He tendered reply to CS No.249/21. TOR.
Copy served to the applicants.
Following F.R.S.R. order is passed in CS No.249/21.
ORDER
1.   Chamber Summons No.249/2021 is allowed in terms of prayer clause(a) and (b).
2.    Applicants to carry out necessary amendments in the plaint and miscellaneous applications within a period of 14 days from the date of the order.
3.       Applicants to serve amended copy of plaint to other side.
4.       Costs in cause.
5.       Chamber summons is disposed of accordingly.
Matter stands adjourned to 04.02.2022 for compliance/CS and NM
hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Court is on leave, Hence board is discharged.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Matter called out at 3.35 p.m.
Adv. Ranjeet Prajapati h/f H. P. Pandey for plaintiff present. He tendered amended plaint. TOR.
Copy supplied to the other side.
Compliance done.
Adv. Rahul Singh for Deft. No.3 and 4 present.
CS No.1462/2019 is already disposed of on 08.01.2022.
Plaintiff is granted time to carry out necessary amendment to bring LRs of Deft. No.4.
Matter stands adjourned to 13.06.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Azizuddin Khan for plaintiff present.
Adv. Rahul Singh for Deft. no.3 and 4 present.
By consent, matter stands adjourned to 11.07.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Azizuddin Khan for plaintiff present.
Adv. Rahul Singh for Deft. no.3 and 4 present.
By consent, matter stands adjourned to 22.08.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Ranjit Prajapati for plaintiff present. He is seeking time. Time granted.
Deft. no.1 absent
Deft. no.2 in person present.
Adv. Rahul Singh for Deft. no.3 and 4 present.
Matter stands adjourned to 14.11.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Mentioned at 12.38 p.m.
Adv. Pradeep Singh for plaintiff present. He is seeking time. Time granted.
Matter pertains to afternoon session, hence, K.B.
Called out at 3.45 p.m.
Adv. Ifteqar Sayed for Deft. no.3 and 4 present.
Matter stands adjourned to 19.01.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Court is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Adv. R.K. Dubey for Plaintiff present. He tendered two draft CS a/w affidavit in support. TOR.
O-Leave granted to register both draft CS.
None for defendant present.
Matter stands adjourned on 21.08.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Adv A. Khan present for Plaintiff and tendered registered Ch/s No. 1079/2023 and Ch/s No. 1078/2023. TOR.
None present for Defendant.
Matter stands adjourned on 03-01-2024 for filing of affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Advocate Pandey for Plaintiff present.
Advocate Hitesh Jain h/f for defendant nos. 2 and 3 present.
Affidavit of service in Ch/s No.1078/2023 and Ch/s No. 1079/2023 filed by plaintiff. Taken On Record.
Matter stands adjourned on 22-01-2024 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Advocate Ajij Khan for Plaintiff present.
Advocate Rajesh Singh for defendant nos. 3 and 4 present.
Matter stands adjourned on 14-03-2024 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Adv. Khan  for Plaintiff present.
Adv. Alia Sayed for defendant no. 1 and 2 present.
Adv. Rahul Singh for defendant no.  3 and 4 present.
Reply filed by defendant no. 3 and 4 on Ch/s. No. 1078/23 and Ch/s No. 1079/23 itself.
The Ld. Adv. for defendant no. 3 and 4 has filed say on  Ch/s. No. 1078/23 and Ch/s No. 1079/23 and the Ld. Adv. for defendant no. 1 and 2 has adopted the same.
Heard both sides.
Order below  Ch/s. No. 1078/23 and Ch/s No. 1079/23 -
Perused both Ch/s and say. The record indicates that the plaintiff has expired on 28.06.2020 and the legal heirs of original plaintiff have brought on record in the suit vide Ch/s No. 249 of 2021. But due to oversight in the Ch/s 108/2019 as well as in the NM 263/2019, the legal heirs of the plaintiff have not brought on record. As already right to sue survives and legal heirs were permitted to contest the suit as a  plaintiff. In view of the said earlier order, both the Ch/s are required to be allowed. Hence, I proceed to pass following order -
ORDER
1.  Ch/s. No. 1078/23 and Ch/s No. 1079/23 are hereby allowed.
2. The applicants to carry out necessary amendment in the Ch/s 108/2019 as well as NM 263/2019 within the period of 14 days from the date of order.
3. The applicants to serve amended copy of  Ch/s 1078/2023 as well as NM 263/2019 to other sides.
4. Costs in cause.
5. Ch/s. No. 1078/23 and Ch/s No. 1079/23 are disposed of accordingly.
Matter stands adjourned on 28-03-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: None for Plaintiff present.
Defendant no. 1 is present.
Adv. Ranjan Mishra for defendant no. 3 and 4 present.
Matter stands adjourned on 01-08-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv. R. Prajapati for Plaintiff present and he tendered amended NM No. 236/19 and CS No. 108/19.t.o.r. He is seeking time.
Adv. Mooman for defendant no. 1  present.
Adv. Ranjan Mishra for defendant no. 3 and 4 present.
Matter stands adjourned on 07-10-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: P.O. is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Ranjeet Prajapati for Plaintiff present and Plaintiff tendered draft Ch/s a/w affidavit in support. TOR. O-Leave is granted to register draft Ch/s. Copy of Draft Chamber Summons handed over to party for registration.
The Plaintiff is directed to file the registered Ch/s on next date without fail, otherwise Ch/s will be dismissed. Copy served on defendant Nos.
Adv. Rahul Tiwari for defendant Nos. 3 and 4  present.
Say filed by Ld. Adv. for defendant Nos. 3 and 4.
Heard both sides on Draft Chamber Summons.
Order below Draft Chamber Summons
The Chamber Summons filed by plaintiffs to extend the time carry out the amendment in NM 263/2019 and CS No. 108/2019 they are also seeking condonation of delay in carrying out amendment. They have also submitted that due to oversight  the original plaintiffs cannot carry out the amendment as aforesaid. The delay is not intentional.
The defendants Nos. 3 and 4 have strongly opposed the present CS and if allowed they are seeking heavy Costs.
Already this Court permitted to plaintiff to carry out the amendment in the NM as well as CS but due to oversight the failed to carry out the amendment within the stipulated period. Therefore, they are seeking extension of the same. The Ld. Adv. for the plaintiff has submitted that on next date the amendment will be carried out if this Court will grant extension of the time.  Considering the submission and the reason put forth I am of the view that time to carry out amendment as aforesaid needs to be allowed. Hence following order is passed
ORDER
1. The Draft Chamber Summons is hereby allowed in terms of prayer clause (a) and (b).
2. No order as to Costs.
3. The Draft Chamber Summons stands disposed of accordingly.
4. The Draft Chamber Summons be registered for statistical purpose.
Matter stands adjourned on 21-04-2025 for compliance.
                                                                                             Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate P. B. Singh for Plaintiff present and seeking extension of time to service. O - Time extended.
Defendant No. 2 present.
Matter stands adjourned on 02-07-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Advocate Ranjan Mishra h/f Advocate Rajesh Singh for defendant Nos. 3 and 4 present.
The plaintiff failed to comply order dtd. 15.02.2025. Hence kept for necessary order to be passed on next date for want of prosecution.
Matter stands adjourned to 25-09-2025 for necessary order.
Later on at 3.40 p.m.
Advocate Ranjeet Prajapati i/b Advocate H. P. Pandey for plaintiff
present.
Next Purpose: ORDER
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Ranjeet Prajapati for Plaintiff present and tendered amended plaint. Marked at Exh.1/1.
Advocate Ranjan Mishra h/f Advocate Rajesh Singh for defendant Nos. 3 and 4 present.
Copy of registered chamber summons No. 417/25 received from Board Department. It is already disposed of.
Matter stands adjourned to 02-03-2026 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Aziz Khan i/b Advocate H.P. Pandey for Plaintiff present.
Advocate Hitesh Jain for defendant no.3 and 4 present and submitted that defendant no. 3 is no more. He assured that he will file death certificate of defendant no. 3 on record.
Plaintiff has to take necessary steps.
Matter stands adjourned for taking steps and reply to N/M and C/S to 20.04.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Adv. Ranjeet Prajapati for Plaintiff present.
Adv. Saurav Singh for defendant No. 3 and 4 present. Seeking time to file death certificate of defendant no. 3
Matter stands adjourned for  taking steps and NM reply to 15/06/2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: P.O IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: Adv. Aziz khan for the plaintiff present.
Adv. Rahul Sing for defendant No. 3 and4 present.
Matter adjourned for steps and reply of NM and C/S. 04/08/2026
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: PO is attending orientation training at Uttan.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2026

Date: 04-08-2026
Business: PO is attending orientation training at Uttan.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: None for the plaintiff.
Adv. Saurabh Singh for defendant No.3 and 4 is present.
Plaintiff has not taken any steps.
Matter adjourned for further order to 14/10/2026.
Next Purpose: ORDER
Next Hearing Date: 14-10-2026

Main Case No: SUIT/0100981/2014
Main Cnr: MHCC010000742012
Main Filing No: 111447

Registration Number: 100108/2019
Transfer Date: 15-07-2026
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 100732/2019
Filing Date: 18-01-2019
First Hearing Date: 22nd January 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE