Shahbullah Haqiqullah KhanVsSmt. Mumtaz Begum Sanjin Khan +1 more

Date: 26-02-2018
Business: Adv. Nasikwala  for plaintiff present and tendered original notice of motion no.606/2018, taken on record
He also filed original writ of summons, taken on record
Adv. Amit Potnis for D-1 present and filed VP on behalf of D-1,t or
Representative of D-2 Ms. Neela through City Survey office present  and seeks time to engage advocate.
Ld. Counsel for defendant no.1 undertakes to file reply to the NM and written statement in four weeks.
Matter adj. for Compliance, Written Statement and NM Reply 21.06.2018.
Next Purpose: FOR___________________
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Adv. Ms. Nasikwala for plaintiff present.
Adv. Potnis for D-1 present.
Since D-2 is the Government authority, the office to obtain appropriate orders for reassignment of the suit.
Matter adj. for Compliance to 24.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Matter adj. to 29-10-2018 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: Adv. A.N.Nasikwala for plaintiff present.
None present for defendant.
Court is busy in hearing argument in three Notices of Motion hence, remaining board is discharged.
Adjd. at same stage to 25.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv. Amit Potnis for defendant no.1 present and tendered registered NM 4200/18 alongwith affidavit in support.  He also filed reply to NM 606/18
Adv. Nasikwala for defendant no.1 present.
By consent, adjd. for reply and hearing in NM to 18.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: Adv. Nasikwala for plaintiff present.
Adv. Amit Potnis for defendant no.1 present and filed list of documents at Exh.3 with two documents.
As court is busy in other old and urgent matters, this suit is adjourned to 03.04.2019 for hearing in NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Adv. Nasikwala for plaintiff present.
Adv. Potnis for defendant no.1 present.
Heard arguments partly of advocates for plaintiff and defendant no.1 in NM 4200/18 and 606/18.
By consent, adjourned for further argument in both those NM on law points to 11.04.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Adv. Nasikwala for plaintiff present.
Adv. Potnis for defendant no.1 present and filed one document with list Exh.___.
Advocate for plaintiff seeks adjournment to advance further argument in NM in view of the copy of conveyance produced on record today by defendant no.1.
By consent adjourned to 25.04.2019 for further argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: As court is busy in other old and urgent matters, board is discharged and this suit is adjourned for NM hearing to 21.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. Nasikwala for the Plaintiff present.
Adv. Potnis for Defendant no. 1 present.
Adv for the plaintiff seeks adjournment for effecting service of Chamber Summons to the defendant.
Matter is adjd. to 14/11/2019 for proof of service of Ch/Summs.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged.
Matter adj for Ch/s service to 08.01.2020
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Plaintiff is present. Adv. is absent. Plaintiff filed original registered Ch/s No 1131/2019 along with affidavit in support.
None for defendant
Matter is adjd.  for Ch/S reply to 27/02/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: plaintiff present and filed affidavit.
Adv. for plaintiff absent.
Adv. Suryawanshi for defendant No. 3 present.
Adjd. for Say to 30/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: C/S REPLY
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: C/S REPLY
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None for plaintiff.
Adv. Mr. Amit Potnis for the defendant no.1
Matter is adjd. to 12/02/2021 for reply to Ch/s and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Mr. A. N. Nasikwala for the plaintiff.
Adv. Mr. Amit Potnis for the defendant No.1
KB
L.O.
Heard arguments of Ld. Advocate for the plaintiff and defendant No.1.
F R S R  following order is passed:
O R D E R
1.Notice of Motion No. 4200 of 2018 is dismissed.
2.Costs shall be costs in cause.
3. Notice of Motion No. 4200 of 2018 is disposed of accordingly.
Matter is adjd. to 19/03/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv.A.N.Nasikwala for plaintiff.
Adv.Kiran for defendant no.1
Last chance is granted for filing reply.
Matter is adjd. to 23.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: court is on leave
Next Purpose: REPLY
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Mr. Nashikwala for plaintiff present.
None for defendants.
The defendants No.2 and 3 have not filed reply to NM No.606/2018. Therefore, NM to proceed without reply of defendants No.2 and 3.
Defendants have filed to reply to Ch/s No.1131/2019. Therefore, Ch/s to proceed without reply of defendants.
Till today, all the defendants have not filed WS. Therefore, suit to proceed without WS against defendants.
Matter is adjd. to 07/12/2021 for NM No.606/2018 hearing and Ch/s No.1131/2019 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: As Court is busy in hearing argument in SU 6988/06 and other precipe matters. Hence. Board is discharged.
Matter is adjd. to 03.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Adv.Nasikwala for plaintiff is present.
None for defendant.
Matter is adjd. to 17.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Mr.Nasikwala for plaintiff present.
Plaintiff in person present.
None present for the defendants.
As Court is busy in other matters on the board.
Matter is adjd. to 01.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv. Nasikwala present  for plaintiff.
None present for defendants and proposed defendant no. 03 in chs. no. 1131/2019.
Heard ld. Adv. For plaintiff on chs. no. 1131/2019.
Matter adjourned for arguments of proposed def. no. 03 and order on chs. no. 1131/2019 to 12/04/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Nasikwala present for plaintiff.
None present for defendants and proposed defendant no. 03.
As court is busy in hearing arguments on nm no.  2963/2021 in suit no. 72/2022. Hence, Matter adjourned for order on cs. no. 1131/2019 to 20/04/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None present for plaintiff.
None present for defendant.
F.R.S.R. following order is passed on Chamber Summons No. 1131/2019.
1) Chamber Summons No. 1131/2019 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
2) Chamber Summons No. 1131/2019 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for compliance to 22/06/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Marian Nasikwala present for plaintiff and sought adjournment for taking appropriate steps.
None present for defendants.
Matter adjourned for necessary steps to 28/07/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None present for plaintiff.
None present for defendants.
As plaintiff and his adv. are absent, Matter adjourned for steps/nm hearing to 25/08/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Sue motu matter taken on Board.
There appear elements of settlement. Therefore, matter be
kept in upcoming lok-adalat dt. 13/08/22.
Issue Notice of lok adalat to the Parties.
Matter is adjd. For lok-adalat on 13/08/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: None present.  Matter not settled.
Matter is adjd to 25.08.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Mariyam nasikwala  present for plaintiff  and sought adjournment for taking necessary steps.
None present for defendants.
Matter adjourned for steps to 06/10/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff and his Advocate are absent and did not take necessary steps to proceed further with the suit.
Matter adjourned for Notice of Motion hearing/Order to 15.11.2022.
Next Purpose: HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Sue motu matter taken on Board.
There appear elements of settlement. Therefore, matter be
kept in upcoming lok-adalat dt. 12/11/22.
Issue Notice of lok adalat to the Parties.
Matter is adjd. For lok-adalat on 12/11/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None present. No business.
Matter adjd to 15.11.2022 as per cited stage on previous date.
Next Purpose: HEARING
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: None present for plaintiff.
None present for defendants.
As plaintiff and his adv are absent.
Matter adjourned for Notice of Motion dismissal order to 17.12.22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: None present for plaintiff.
None present for defendants.
From the record it appears that, plaintiff and his advocate are absent since long and did not take steps to proceed further with the notice of motion no. 606/2018 and  therefore matter is kept for dismissal order of  notice of motion no. 606/2018. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the notice of motion no. 606/2018. Therefore, it will be appropriate to dismiss the  notice of motion no. 606/2018 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence,  notice of motion no. 606/2018 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
Matter adjourned for steps to 06/02/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None present for plaintiff.
Adv. Sandeep suryawanshi present for defendant no. 01.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for RE/order to 16/03/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: None present for plaintiff.
None present for defendants.
As plaintiff and his adv are absent and did not adduced evidence.
Matter adjourned for dismissal order to 15.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv. Mariyam Nasikwala present for plaintiff and sought adjournment.
None present for defendant.
Matter adjourned for RE/dismissal order to 19-06-23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv. Mariam Nashikwala present for plaintiff.
None present for defendant.
Matter adjourned for Recording Evidence/Dismissal order to 02.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: None present for plaintiff.
None present for defendants.
Therefore it appears parties are not ready to proceed with the case therefore, suit is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-08-2023

NOTICE OF MOTION/100606/2018
NOTICE OF MOTION/103426/2023
CHAMBER SUMMONS/101131/2019
NOTICE OF MOTION/104200/2018

Registration Number: 100347/2018
Transfer Date: 30-06-2018
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Registration Number: 100347/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100347/2018
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 101116/2018
Filing Date: 18-01-2018
First Hearing Date: 26th February 2018
Decision Date: 02nd August 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE