Date: 12-02-2020
Business: Advocate Mr. Parth Zaveri for Plaintiff present and filed registered Chamber Summons no.98/20 with affidavit in support, t.o.r.
Advocate Mr. Robindra Hazari along with advocate Mr. Khozem Mukhtiar for Defendant no.1a(i) to 1a(iv) and 7 present
Case is adjourned to 27/03/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 30/01/2021
Next Purpose: C/S REPLY
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv Mr. Parth Zaveri for plff present and mentioned the matter in the morning session.
He seeks adjournment. Roznaam shows that matter is fixed for reply of other side to Ch/s taken out by the plff.
K.B. as matter is fixed on the board of afternoon session.
L.O. at11.40 a.m.
Clerk Mr. Kamble of Adv.Mr.Ravindra Hajare for deft appeared and submitted that advocate for deft is unable to attend the Court today. As mentioned earlier, advocatre for the plff also sought adjournemnt, hence matter is adjd. for CS hearing to 17.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv. Parh Zhaveri for plaintiff present.
Clerk Shri Kamble of adv. Hajare for defendants present and submitted that adv. Shri Hajare is unable to attend the court today. Suit is very old. Last chance is granted.
Adjd. for CS hearing to 9/3/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2021
Date: 17-02-2021
Business: Adv. Parh Zhaveri for plaintiff present.
Clerk Shri Kamble of adv. Hajare for defendants present and submitted that adv. Shri Hajare is unable to attend the court today. Suit is very old. Last chance is granted.
Adjd. for CS hearing to 9/3/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2021
Date: 17-02-2021
Business: Adv. Parh Zhaveri for plaintiff present.
Clerk Shri Kamble of adv. Hajare for defendants present and submitted that adv. Shri Hajare is unable to attend the court today. Suit is very old. Last chance is granted.
Adjd. for CS hearing to 9/3/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Clerk Ms. Muskan of Adv Mr. Parth Zaveri for plff present and submitted that advocate for the plff is unable to attend this Court today.
Adv Mr. Rabindra Hazari for deft Nos.1(a)(i), 1(a)(iv) and 7 present and seeks time to file reply to Ch/s No.98/2020.
As plff is also seeking adjournment, by consent, matter is adjd. for reply to Ch/s No.98/2020 and hearing in NM No.1515/2019 to 01.04.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv Parth Jhaveri for plff present.
None present for the defendants.
Considering the present Pandemic Condition, matter is adjourned at same stage till next date.
Matter is adjd. for Chamber Summons reply to 23.04.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: None present for the plaintiff.
Clerk Jitendra Kamble of advocate Rabindra Hajari for defendant Nos.1(a)(i), 1(a)(iv) and (vii) is present and submitted that advocate for those defendants is unable to attend this court.
None present for the other defendants.
As nobody is present for the plaintiff, considering the present Pandemic condition and SOP issued by the Hon’ble High Court, matter is adjourned at same stage till next date.
Matter is adjourned for Chamber Summons reply to 03.08.2021.
Judge
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2021
Date: 09-07-2021
Business: None present for the plaintiff.
Clerk Jitendra Kamble of advocate Rabindra Hajari for defendant Nos.1(a)(i), 1(a)(iv) and (vii) is present and submitted that advocate for those defendants is unable to attend this court.
None present for the other defendants.
As nobody is present for the plaintiff, considering the present Pandemic condition and SOP issued by the Hon’ble High Court, matter is adjourned at same stage till next date.
Matter is adjourned for Chamber Summons reply to 03.08.2021.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 03-08-2021
Date: 09-07-2021
Business: None present for the plaintiff.
Clerk Jitendra Kamble of advocate Rabindra Hajari for defendant Nos.1(a)(i), 1(a)(iv) and (vii) is present and submitted that advocate for those defendants is unable to attend this court.
None present for the other defendants.
As nobody is present for the plaintiff, considering the present Pandemic condition and SOP issued by the Hon’ble High Court, matter is adjourned at same stage till next date.
Matter is adjourned for Chamber Summons reply to 03.08.2021.
Judge
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv Mr. Parth for plff present and seeks time to file affidavit of service of Ch/s No.98/2020 on the proposed legal heir. O- Time granted till next date.
Adv Mr. Hajari for deft Nos.1a-ii, 1a-iii, 1a-iv and deft No.7 present and seeks time to file reply in Ch/s.
Matter is adjd. for filing affidavit of service and Ch/s reply / hearing to 20.08.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Adv Mr. Parth Javeri for plff present and seeks time to file affidavit of service of Ch/s 98/2020 so also, for taking steps by submitting that it is informed to him that one more deft in the suit has expired.
None present for deft.
On request of adv. for plff, matter is adjd. for filing affidavit of service and steps to 08.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv Mr. Parth Jhaveri h/f Adv Mr. Kadu present for plff. and filed registered Ch/s No.1068/2021 along with affidavit in support. He also filed affidavit of service in ch/s No.1515/2019 and 98/2020.
Clerk Mr. Jitendra Kamble of adv. Mr. Hajare for deft Nos.1a(i) to 1a(iv) and deft No.7 present and accepted the copy of ch/s No.1068/2021 on behalf of the adv. for those defts.
None present for other defts.
Matter is adjd. for reply in Ch/s No.1068/2021 to 12.11.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None present for both the parties.
Reply in Chamber Summons No.1068 of 2021 is not filed.
Matter adjourned for order to 30.11.2021.
Next Purpose: ORDER
Next Hearing Date: 30-11-2021
Date: 12-11-2021
Business: None present for both the parties.
Reply in Chamber Summons No.1068 of 2021 is not filed.
Matter adjourned for order to 30.11.2021.
Next Purpose: ORDER
Next Hearing Date: 30-11-2021
Date: 12-11-2021
Business: None present for both the parties.
Reply in Chamber Summons No.1068 of 2021 is not filed.
Matter adjourned for order to 30.11.2021.
Next Purpose: ORDER
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv Mr. Mohd. Taha present for plff.
None present for deft.
Deft Nos.1a(i) to 1(a)(iv) failed to file reply hence, Ch/s No.1068/2021 to proceed without reply of those defts.
Statement made in the affidavit filed in support of the Ch/s about causing death of deft no.1(a)(i) on 14.02.2020 is supported by the copy of death certificate. Likewise, the statement made in the supporting affidavit that deft Nos.1(a)(ii) to deft No.1(a)(iv) and deft No.7 are the only HLRs of deceased deft No.1(a)(i) are supported by the copy of letter dt.03.08.2021 of the adv. on record of those defts. Considering it and considering the fact that there is no resistance to the Ch/s and being satisfied that cause of action is surviving, ch/s No.1068/2021 is allowed in terms of its prayer clause (i).
Plffs shall carry out the amendment as prayed within two weeks from today.
Matter is adjd. for compliance to 17.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv Mr. Zaveri for plff present and seeks time to produce death certificate of deft No.1d to proceed with Ch/s No.1515/2019 and 98/2020. O- Time granted till next date.
None present for defts.
Matter is adjd.for producing copy of death certificate and hearing in Ch/s 07.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv Mr. Parth Zaveri present for plff. and filed death certificate of deft No.1d Maryam with pursis in Ch/s No.1515/2019 and 98/2020.
None present for deft.
Heard argument of adv. for the plff in Ch/s No.1515/2019 and 98/2020. K.B.
L.O. at 4.05 p.m.
None appeared for defts and proposed legal heirs of deceased deft No.1d. Deft No.1a-(ii)/ No.7 has already filed reply in Ch/s No.1515/2019. It does not appear from the statements made in the said reply that said deft and other defts No.1a-(i) to 1a-(iv) and 7 have denied that deft No.6 is one of the legal heir of deceased deft No.1d. Their contentions is that besides deft no.6, deft No.1d is survived by one more heir and legal representative by name Hakimuddin Saifuddin Nullwala as elder son. Plff has taken out Ch/s No.1515/2019 only for deleting the name of det no.1d and Ch/s No.98/2020 is taken out by the plff for joining said Hakimuddin as HLR of deceased deft no.1d. Ld. Advocate for the plff submitted that plffs were not aware at the time of taking out of earlier Ch/s No.1515/2019 that deceased deft No.1d is survived by one more legal heir by name Hakimuddin and hence, the prayer in said Ch/s was made only for deleting the name of deft No.1d as deft no.6 was already party to the suit. He submitted that after the fact is brought to the notice that Hakimuddin is also one of the legal heir of deceased deft No.1d, plffs have taken out another ch/s No.98/2020.
The statements made in the affidavits filed in support of both the ch/s about causing death of deft No.1d Maryam on 18.03.2019 are supported by the copy of death certificate placed on record today by ld. Advocate for the plffs. Since the cause of action appears surviving to proceed with the suit against the HLRs of deceased deft no.1d, being satisfied that the prayer made in ch/s No.1515/2019 is out of inadvertence, both the ch/s ie. Ch/s No.1515/2019 and 98/2020 are allowed as prayed.
Plaintiffs to carry out the amendment as per the schedule annexed to Ch/s No.98/2020 and as is prayed in Ch/s No.1515/2019 within two weeks from today.
Ld. Advocate for the plffs seeks date in the month of March by submitting that parties may attempt for settlement if longer date is given.
Matter is adjd. for compliance to 01.03.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 07-01-2022
