Mrs. Abida Babajan Hakim +3 moreVsJafer Mohammad Sharif Hakim +3 more

Date: 22-03-2019
Business: Plff. and his adv. absent.
Issue writ of summons to defendants.
Matter is adjd. to. 28.06.2019 for Writ of  Summons.
Later on at 12.10 pm. Adv. Mulla for plaintiff present and filed draft NM along with affidavit. Leave granted to register the draft NM. He undertakes to serve copy to the other side by next date. None for defendant.
Matter already adj. to 28.06.2019 for Report of Service of writ of summons and NM.
Next Purpose: REPORT
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv. for plff present and tendered register NM 1340/19  and filed affidavit of service along with affidavit. TOR.
Adv. for deft absent.
As the report about service on deft no. 3 is awaited, the
Matter is adjd. to. 08/07/2019  for Report of service on deft no. 3.
Next Purpose: REPORT
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: None present for parties.
Matter is adjd to. 02-08-2019
Next Purpose: REPORT
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: REPORT
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: As court is vacant, hence board is discharge.
Next Purpose: REPORT
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. S. K. Mulla for plff present.
None for defts.
On oral request of advocate for plaintiff, last chance is granted for filing affidavit of service upon defendant no. 3 to 20.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. S. K. Mulla for plff present.
It appears from the affidavit of service that only deft no. 4 is served with writ of summons and N/M but remained absent. Hence deft no.4 is marked Ex-parte.
Mrs. Kusum S. Kunder, Assistant Registrar attached to paper book section who is well acquainted with Kannada Language, translated the remark in Kannada Language on postal cover on sent to defendant no.1 and told me that as per the said remark deft no.1 refused to accept the service and hence it was returned. Thus the writ of summons is deemed to be served upon deft no.1. However deft no.1 remain absent hence marked Ex-parte.
Further the service report shows that deft no.2 has left that address. Hence plaintiff is directed to steps against deft no.2 for service and to submit postal track report in respect upon defendant no.3.
Adjd for Steps and Compliance to 13.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: None for plaintiff.
None for defendants.
Adjd to 09-04-2020 for  taking steps and compliance .
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2021

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present.
Matter stands Adj for Steps to 26.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Plaintiff and their adv absent.
Matter stands Adj to 06/04/2021 for taking steps against def 2 and 3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021

Date: 26-02-2021
Business: Plaintiff and their adv absent.
Matter stands Adj to 06/04/2021 for taking steps against def 2 and 3
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: P. O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: None for plff.
Deft no. 1 and 4 are already proceeded ex-parte.
Plff is directed to file affidavit of service of writ of summons on deft no. 2 and 3.
Matter stands Adj for Affidavit of Service to 23/11/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: None for plff.
Deft no. 1 and 4 are already proceeded ex-parte.
Plff failed to file affidavit of service of writ of summons on deft no. 2 and 3.  Hence last chance is granted to the plff for filing affidavit of service on deft no. 2 and 3, in default suit will be dismissed against deft no. 2 and 3.
Matter stands Adj for Affidavit of Service on deft no. 2 and 3, in default for dismissal of suit against them to 17/12/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None for plaintiff.
Defendant nos. 1 and 4 are already proceeded ex-parte. Plaintiff fail to serve writ of summons on defendant nos. 2 and 3 inspite of sufficient opportunities. Suit is pending since 2019. Today case is fixed for dismissal of suit against defendant no. 2 and 3. Today also none present for plaintiff when called out at 3.05 pm. Hence suit is dismissed against defendant nos. 2 and 3 for want of prosecution.
Matter stands Adj for ex-parte evidence of plaintiff to
15-06-2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2022

Date: 23-03-2022
Business: None for plaintiff.
Defendant nos. 1 and 4 are already proceeded ex-parte. Plaintiff fail to serve writ of summons on defendant nos. 2 and 3 inspite of sufficient opportunities. Suit is pending since 2019. Today case is fixed for dismissal of suit against defendant no. 2 and 3. Today also none present for plaintiff when called out at 3.05 pm. Hence suit is dismissed against defendant nos. 2 and 3 for want of prosecution.
Matter stands Adj for ex-parte evidence of plaintiff to
15-06-2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Plaintiff and his advocate are absent.
Matter is adjd for exparte evidence of plaintiff to 06/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for ex-parte evidence to 05/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for ex-parte evidence to 12/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Both parties and their advocate are absent.
Matter adjourned for Ex-parte evidence to 10/04/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-07-2023

Date: 10-04-2023
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Both parties and advocate absent.
Matter adjourned for Ex-parte Evidence on 25.09.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-09-2023

Date: 21-07-2023
Business: Both parties and advocate absent.
Matter adjourned for Ex-parte Evidence on 25.09.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Both parties and advocate absent.
Matter adjourned for ex-parte evidence on 09.11.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2023

Date: 25-09-2023
Business: Both parties and advocate absent.
Matter adjourned for ex-parte evidence on 09.11.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Both parties and advocate absent.
Matter adjourned for Ex-Parte Evidence on 15.01.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-01-2024

Date: 09-11-2023
Business: Both parties and advocate absent.
Matter adjourned for Ex-Parte Evidence on 15.01.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2024

Date: 15-01-2024
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Both parties and advocate absent.
Matter adjourned for Ex-parte on 28.03.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2024

Date: 28-02-2024
Business: Both parties and advocate absent.
Matter adjourned for Ex-parte on 28.03.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Both parties and advocate absent.
Matter adjourned for Ex-parte Evidence on 14.06.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2024

Date: 28-03-2024
Business: Both parties and advocate absent.
Matter adjourned for Ex-parte Evidence on 14.06.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Plaintiff and advocate absent.
The record shows that matter is pending for the ex-parte evidence since 15.06.2022. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to lead his evidence otherwise matter will be dismissed for default.
Matter is adjourned for Dismissal on 29.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2024

Date: 14-06-2024
Business: Plaintiff and advocate absent.
The record shows that matter is pending for the ex-parte evidence since 15.06.2022. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to lead his evidence otherwise matter will be dismissed for default.
Matter is adjourned for Dismissal on 29.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Both parties and advocate absent.
The suit is pending for ex-parte hearing since 15.06.2022. However the plaintiff has not taken any steps to conduct the suit, hence  in view of order passed on 14.06.2024 Suit no. 544 of 2019 is dismissed for want of prosecution. Ultimately Notice of Motion No. 1340 of 2019 become infructuous and disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 29-06-2024

NOTICE OF MOTION/101340/2019

Registration Number: 100544/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 100909/2019
Filing Date: 21-01-2019
First Hearing Date: 22nd March 2019
Decision Date: 29th June 2024
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE