Canara BankVsHasiba Khatoon Siddiqui +2 more

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: National Lockdown
Next Purpose: REPORT
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 29.01.2021.
Next Purpose: REPORT
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Nurjahabean Khan h/f Adv. Maya Updeshe for plaintiff is present.
None for defendant.
She has  filed an application TOR marked at Exh.2.
Order below Exh.2
Perused the application. Heard. Application is allowed subject to payment of necessary process fee. R/o on 08.03.2021.
Adjd to 08.03.2021.
Next Purpose: REPORT
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Maya Updeshe for plaintiff is present.
On oral request matter is KB for filing affidavit of service.
Kb LO at 4.55 p.m.
Adv.for the plaintiff is present.
Adv.for the plaintiff filed affidavit of service regarding defendant no.3. T.O.R marked as Exh.3.
Adv.for the plaintiff filed an application T.O.R marked at Exh.4.
O- Issue fresh summons to the defendant nos. 1 and 2 on the address mentioned in the application upon payment of necessary process fee r/o next date.
Application Exh.3 is allowed and disposed of accordingly.
Matter adjd for report on 08.06.2021.
Next Purpose: REPORT
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Due to Covid-19, matter is adujourned.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv Pratik  for plaintiff present.
Adv for plaintiff filed application for time extension for issue fresh writ of summons upon the defendants. TOR. O- Allowed as per rules.
Matter is adjd to 09.02.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: Adv Maya Updeshi for plaintiff present.
Matter is adjd for  steps on 20-04-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: P.O. is on Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As the court busy in Final Arguments in SU No. 9250/94 and R/E in 5719/05.  Hence, board is discharged.
Matter adjourned to 10/10/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv.Mrs.Priti Tare for plaintiff present.   She filed application            (Exh-7) for extension of time to serve defendant through paper publication.  Order-Time granted.
Matter is adj to 22/12/2022 for report.
Next Purpose: REPORT
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Advocate for plaintiff present and filed draft ch/s for seeking amendment in the address of defendant no.1 and 2.
O- Heard Ld. Advocate for plaintiff.
Adv. for plaintiff submits that plaintiff tried to serve summons on defendant no.1 and 2 on given address, however, it is found that the said address is not correct one and therefore by way of present ch/s, plaintiff seeks to bring  new address of defendant no.1 and 2 on record as provided in the schedule.
In view of the submissions made, I pass following order-
ORDER
1. Draft Chamber Summons is allowed in terms of prayer clause (a).
2. Plaintiff to carry out necessary amendments within 14  days.
3. After carrying out the amendment, plaintiff to lodge fresh writ of summons against defendant no.1 and 2, returnable on 02/02/2023.
4. Plaintiff to get draft ch/s registered forthwith for statistical purpose.
Matter is adj to 02/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv.Ms.Kusum Shah h/f Adv.Maya Updeshe for plaintiff present.   She seeks time to carry out amendment.  Time granted as a last chance.
Plaintiff to carry out amendment within two weeks.
Matter is adj to 20/04/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy arguments in Suit No.6358 of 2003 and Suit No.8098/2001, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 11/07/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and his counsel are absent.
Matter is adj to 19.10.2023 for steps for serving summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Kulsum Shah h/f Adv. Maya Updeshe for plaintiff is present and submits that service of writ of summons could not be effected as the defendants were found not tracable on the given address and tendered the bailiff report. TOR. It is marked as Exh-5.
Matter is adj to 22.01.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Tausif Shaikh h/f Adv. May Updeshi for plaintiff is present and requested for adjournment for taking steps for substitute service to the defendant. Matter is adjourned as a last chance.
Matter is adj to 28.02.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Court is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: The plaintiff and his advocate are absent.
The plaintiff is given last chance to take the steps.
Matter is adj to 27.06.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kulsum Shah for plaintiff is present and requested for adjournment for taking steps. Adjournment is granted.
Matter is adj to 23.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Zainab Khan h/f Maya Updeshe for plaintiff is present and requested for adjournment to file affidavit of service.  Adjournment is granted as last chance.
Matter is adj to 08.10.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file affidavit of service.
Matter is adj to 20.01.2025 for filing affidavit of service.
Later on at 1.11 pm
Adv. Pratik Thadani i/b Adv. Maya Updeshi for plaintiff is present.
Matter is adj to 20.01.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chancce to file affidavit of service.
Matter is adj to 21.02.2025 for filing affidavit of service.
Later on at 12.30 pm
Adv. Vipul Ghate h/f Adv. Maya Updeshi for plaintiff is present.
Matter is adj to 21.02.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vipul Ghate h/f Adv. Maya Updeshi for plaintiff is present and filed an application for substitute service. Taken on record. It is marked as Exh-6.
Plaintiff has filed an application to serve writ of summons under O-5, Rule-20 of Civil Procedure Code. However, said application is not supported by affidavit and even detail reasons are not mentioned in the application.
Matter is adj to 24.04.2025 for hearing on Exh-6.
Next Purpose: HEARING
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 25.06.2025 for hearing on Exh-6.
Later on at 1.23 pm.
Adv. Vipul Ghate with Adv. Swapnil Dange for plaintiff is present.
Matter is adj to 25.06.2025 for hearing on Exh-6.
Next Purpose: HEARING
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vipul Ghate h/f Adv. Maya Updeshi for plaintiff is present
Keep back.
Later on at 12.51 pm
Mr. Ketan Kumar, representative of plaintiff is present.
Adv. Vipul Ghate h/f Adv. Maya Updeshi for plaintiff is present and filed an application for substitute service under Order 5, Rule-20 of CPC along with affidavit. TOR and marked as Exh-7.
Keep back for order.
Order below Exh-7
Perused record. Heard Ld. counsel for the plaintiff. It appears that writ of summons was sent to the defendants No.1 and 2 through bailiff, which is returned with remark not found on address, as per bailiff report at Exh-3. Thereafter, plaintiff took out chamber summons No.2144/2022 and changed the address of defendant No.1 and 2, in view of order dated 22.12.2022. Thereafter, again writ of summons was sent to the defendants No.1 and 2 through bailiff, which is returned with remark not found on address, as per bailiff report at Exh-5.  Therefore, plaintiff has filed this application for substitute service of writ of summons as per Order-5, Rule-20 of Civil Procedure Code. Thus, on perusing record, it appears that the plaintiff had taken effective steps to serve defendants No.1 and 2. However, it appears that the defendants No.1 and 2 are not found on the given address. Therefore, it is necessary to allow the plaintiff to serve writ of summons to the defendants No.1 and 2 by way of substitute service i.e. by pasting and by way of paper publication as per Order-5, Rule-17 and Order-5, Rule-20 of Civil Procedure Code. Hence, I proceed to pass following order-
Order
1.       Application Exh-7 is hereby allowed.
2.     The plaintiff is directed to serve the defendants No.1 and 2 by way of substitute service as per Order-5, Rule-17 of Civil Procedure Code by affixing a copy thereof in some conspicuous place in the court house and also upon the  conspicuous part of the house in which the defendant No.1 and 2 is know to have last resided or carried on business or personally worked for gain.
3.    The plaintiff is also directed to serve the defendants No.1 and 2 by way of substitute service as per Order-5, Rule-20 of Civil Procedure Code by way of paper publication of writ of summons in two news paper i.e. one in English newspaper and one in regional language.
4.      Issue writ of summons to the defendants No.1 and 2.
5.      Application Exh-7 disposed of accordingly.
Matter is adj to 31.07.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vipul Ghate h/f Adv. Maya Updeshe for plaintiff is present and filed and application for extension time to serve writ of summons by substitute service. TOR and marked as Exh-8. O-Time is extended.
Matter is adj to 24.09.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vipul Ghate h/f Adv. Maya Updeshe for plaintiff is present and filed an application for extension of time for pasting. TOR and marked as Exh-9. O-Allowed. Time is extended.
Matter is adj to 28.11.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vipul Ghat h/f Adv. Maya Updeshi for plaintiff is present and filed an application for seeking time to file affidavit of service. TOR and marked as Exh-10. O-Allowed.
Matter is adj to 27.01.2026 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to file affidavit of service.
Matter is adj to 24.03.2026 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: Adv Rupesh Ghodke for plaintiff is present and requested for adjournment. O-Granted.
Matter is adj to 18-07-2026 for Dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: Adv Ruha Sahikh for plaintiff is present.
Order Below Exhibit-1
This  suit is more than 5 years old.  It is kept for dismissal order since many dates. Today also neither plaintiff nor his advocate are present. It appears that the plaintiff has lost interest in  proceeding with the matter.  There is no point in keeping the matter alive. Hence, the suit is dismissed for want of prosecution under Order 9, Rule 5 of the Civil Procedure Code.
Nature Of Disposal: DISMISSED
Disposal Date: 18-07-2026

CHAMBER SUMMONS/102144/2022

Registration Number: 100216/2020
Transfer Date: 17-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100216/2020
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 100932/2020
Filing Date: 20-01-2020
First Hearing Date: 13th April 2020
Decision Date: 18th July 2026
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE