Haiderali Taher Rassiwalla +1 moreVsShirinbai Taherbhai Rassiwalla +6 more

Date: 02-07-2018
Business: Plaintiff present.
None for deft.
Issue writ of summons against the defendants.
The matter is adjd for service to 03.10.2018.
Next Purpose: SERVICE
Next Hearing Date: 03-10-2018

Date: 03-10-2018
Business: Adv. Ashish Gupta for plaintiff present and filed affidavit of service.
Adv. Nashikwala for Defendant no. 5 to 7 and tendered Original Notice of Motion No. 3213/18. copy served to other side . he seeks time to file reply.
Matter adjourned to 19.12.18 for reply to motion.
Next Purpose: REPLY
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: Plaintiff no. 1 in person present.  His advocate absent.
Adv. Nasikwala for D-5 to 7 present.
Plaintiff to file reply to the NM by next date
Matter adj. for NM Reply to 09.04.2019.
Next Purpose: REPLY
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Plaintiff in person present. His advocate absent.
Adv. Ms. Nasikwala for D-5 to 7 present and states that copy of reply served.
The plaintiff and defendants no.1 to 3 are senior citizens. Hence as per office order no.66/2019  dated 4.4.2019, matter be re-assigned to C.R. No.9.
Matter adj. for Compliance to 14.06.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Court is busy in recording evidence in suit no.6733/97, hence case is adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Advocate Mr. Gupta for Plaintiff present and filed reply to NM no.3213/18, t.o.r. and filed draft Chamber Summons with affidavit in support of Chamber Summons. Leave to register Chamber Summons is granted.  Copy served to advocate for Defendants.
Advocate Mr. Nasikwala for Defendants present.
Case is adjourned to 10/10/2019 for NM and Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Advocate Ashish Gupta for Plaintiff present and filed registered Chamber Summons no.1807/2019 with affidavit in support, t.o.r.
Advocate Nasikwala for Defendants present filed reply to Chamber Summons no.1807/19, t.o.r.
Case is adjourned to 13/12/2019 for hearing of Chamber Summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: As Court is on leave, adjourned to 28-02-2020 for Ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-02-2020

Date: 13-12-2019
Business: As Court is on leave, adjourned to 28-02-2020 for Ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Advocate Omprakash Kamwar for Plaintiff present
None present for Defendant no.5 to 7.
                        ORDER ON NM NO.3213/18
This Notice of Motion is taken out by Defendant nos.5 to 7 for condoning delay of 32 days cased in filing Written Statement by those Defendants.  Defendant no.5 has filed his affidavit in support of Notice of Motion contending that documents were required to be collected for filing Written Statement and those documents could not be collected within stipulated time provided by law hence, after documents were collected, instructions were given to advocate of Defendant nos.5 to 7.  As such, delay is caused in filing Written Statement, according to Defendant nos.5 to 7 said delay is necessary to be condoned.
Plaintiff has filed his affidavit of reply and resisted Notice of Motion contending that no proper explanation is given for condoning day to day delay.  It is alleged that Defendant nos.5 to 7 have deliberately delayed filing Written Statement. It is denied that time was required for Defendants to collect the documents hence delay was caused. As such according to Plaintiff NM is necessary to be dismissed.
Heard Plaintiff\''s advocate. No one is present for Defendants however considering the nature of the relief prayed I find that NM can be decided even in absence of Defendants.  It is noticed that Defendants are intending to contest the matter and therefore for giving Defendant nos.5 to 7 opportunity to raise their defence in the suit and to contest the suit on merits, I find that delay caused in filing their Written Statement can be condoned subject to some costs.  Hence, I proceed to pass following order-
                                     ORDER
Notice of Motion no.3213/2018 is made absolute in terms of prayer clauses (a) and (b), subject to cost  of Rs.1000/- to be paid to Plaintiff.
Case is adjourned to 27/04/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 04/02/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Plaintiff No.1 present in person.
Adv Mr. Nasikwala for deft Nos.5 to  7 present and submitted that cost amount of Rs.1000/- as per order dt.28.02.2020 is paid to the advocate for the plff.
He tendered written statement of deft Nos.5 to 7 at Exh.2.
As advocate for plffs is not present, on request of the plff No.1, adjd. for hearing on Ch/s No.1807/2019 to 06.03.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: Adv Mr. Ashish Gupta for plff present and seeks adjournment.
None present for defts Nos.1 to  4
Adv Mr. Nasikwala for deft Nos.5 to 7 present.
On request of advocate for the plff, adjourned for Ch/s hearing to 06.04.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present for both the parties.
Considering the present Pandemic Condition, matter adjourned at same stage beyond Summer vacation.
Matter is adjd. for CS hearing to 02.07.2021.
Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Adv Mr. Ashish Gupta for plff present.
Adv Mr. Nasikwala for deft Nos.5 to 7 present.
Heard arguments of both parties in Ch/s No.1807/2019.
Matter is adjd. for ch/s order to 06.09.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Plff NO.1 present in person.
None present for defts.
F.R.S.R. following order is passed in Ch/s 1807/2019
                   ORDER
Chamber summons No.1807/2019 is allowed.
Plaintiffs to carry out amendment as per the schedule within two weeks from today.
After carrying out the amendment as per the schedule, plaintiff shall pay requisite court fees on the added prayer.
                      ----
Matter is adjd. for compliance to 20.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: None present for both parties.
Court is busy in other old matters hence, this matter is adjd at same stage till next date.
Matter is adjd. for compliance to 15.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: None present for plff.
None present for deft.
Order passed in Ch/s No.1807/2019 appears to have complied with. Plff to serve the copies of amended plaint on the defts.
Matter is adjd. for service of amended plaint to 03.03.2022.
Judge
L.O.at 4.00 p.m.
Plff No.2 present  and filed copy of amended plaint at Exh.1/A. He seeks time to serve defts with copy of amended plaint.
Already adjd. to 03.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Plff No.2 present in person and filed affidavit of service at Exh.3.
None present for deft.
In the order dt 06.09.2021 passed in Ch/s No.1807/2019, plff were directed to pay requisite court fees on the added prayer. Office to report about the requisite Court fees on the added prayer as per order mentioned above.
Matter is adjd. for compliance to 22.04.2022.
Judge
L.O.at 2.50 p.m.
Adv Ms. Mariyam Nasikwala h/f Adv A.N. Nasikwala for deft No.5 to 7 present and filed additional WS of deft Nos.5 to 7.
Already adjd. to 22.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Plff No.2 present.
None present for deft.
Report about requisite Court fees is received of the Asstt. Registrar of Board Department as per Exh.3. O-Seen. Plff to note and comply.
Plff no.2 seeks adjournment.
Matter is adjd. for compliance to 29.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Ptf absent.
Adv. for plaintiff absent.
compliance is not made.
Matter adjd to 08.08.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None present for both sides. Plaintiff has failed to comply with the payment of additional Court fee as per report of Registrar (Civil), Exh.3. Kept for dismissal.
Matter adjd to 03.11.2022 for dismissal.
Judge
LO at 11.25 pm
Adv.Ashish Gupta for plaintiff present. He requested for time to comply with the order as to payment of Court fees. Time extended as last chance.
Matter adjd to 03.11.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Plaintiff No.2 is present.
Adv. Ashish Gupta for plaintiff present.
None present for the defendant.
Read the endorsement of Asst. Registrar.  The plaintiff has complied with the payment of additional court fees.  Hence, case is removed from the caption and dismissal.
The plaintiff to satisfy about service of suit summons on defendant Nos. 1 to 4.  If, it is not served, the plaintiff to serve the suit summons on defendant Nos. 1 to 4.
Matter adj. to 23.01.2023  for Service affidavit in respect of deft. Nos.1 to 4.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Plaintiff No.2 present and filed service affidavit a/w. summons and bailiff report. TOR and marked as Exh.4 (colly.).
He also filed application in order-5, rule-9. TOR and marked as Exh.5. O-Allowed to serve the suit summons by pasting and by RPAD on defendant No.2.
Matter adjd to 28.03.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Plaintiff No.2 is present and filed an application for adjournment. T.O.R. marked as Exh.06. O-Adjournment is granted.
Matter adjd to 20.06.2023 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Plaintiff no. 2 present and filed affidavit of service in respect of defendant no. 2  t.o.r. marked as Exh.7
None for defendants
From the service affidavit it seems that the writ of summons has been served upon defendants no. 2 and 3. It is not clear whether the writ of summons is served upon defts. no. 1 and 4. Plaintiffs to clarify the same by filing service affidavit.
Matter is adjd.to 14-08-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: Plaintiff in person present.
None for defendant
From the perusal of the record Exh. 4 which is supported with the original writ of summons along with the bailiff report, it is seem that the defendants no. 1 and 4 have been duly served with the writ of summons on 09-01-2023. But they didnt appear in the suit. Hence, suit to proceed ex parte against defendant no. 1 and 4. From the service affidavit Exh. 3 and 7 though it seems that the defendants no. 2 and 3 have been served with the writ of summons in the year 2018 and the defendant no. 2 is again served the writ of summons on 20-03-2023, the said defendant no. 2 and 3 didnt turn up. Hence, the suit shall proceed ex parte against defendants no. 2 and 3 also.
Matter is adjd.to 04-10-2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: None for plaintiff.
None for defendant
The defendants are set ex parte. Hence, matter adjourned for ex parte evidence.
Matter is adjd.to 04-12-2023 for ex parte evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: plaintiff no. 2 in person present. He would make submission that plaintiff no. 1 died on 08-10-2023 and his legal representatives are to be brought on record.
None for defendant.
Matter is adjourned to   02-02-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: Court on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Plaintiff no. 2 in person present.
None for defendant
Matter is adjourned to 18-03-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Plaintiff no. 2 in person present filed draft C/S for deleting the name of deceased plaintiff no. 1 Haidar Ali from Cause title of the suit a/w supporting affidavit t.o.r. - O- Leave is granted to register the draft C/S.
None for defendant
Plaintiff no. 2 to serve the defendants with draft C/S by next date.
Matter is adjourned to 25-04-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Plaintiff no. 2  in person present and filed registered C/S No. 723/24 along with affidavit in support t.o.r.
None for defendant
Matter is adjourned to 11-07-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: None for plaintiff.
None for defendant
Matter is adjd. to 09-08-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
None present.
Matter is adjourned to 26/09/2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 16.11.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 18.12.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: None for plaintiff present.
Adv. Gaurav Lele for defendant no.5 present and given undertaking that on next date he will file the vakalatnama.
Later on at 4.05 pm
Plaintiff No.2 in person present and filed affidavit of service in CS No. 723/2024. It is taken on record and marked as Exh.8
Matter is adjourned to 26.02.2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2025

Date: 26-02-2025
Business: Holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 13.11.2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 29.01.2026 for affidavit of service.
Later on at 4.25 pm
Plaintiff No. 2 in person present and filed application for service of chamber summons upon defendants No. 2, 3, 5, 6 and 7. It is taken on record and marked as Exh.9. O- The plaintiff is allowed to serve the Chamber Summons upon defendants No. 2, 3, 5, 6 and 7 by paper publication as prayed.
Matter is adjourned to 29.01.2026 for affidavit of service.
                                                                                        Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: As court is vacant, hence, matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: NOT ON BOARD TAKEN ON BOARD.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 14-03-2026 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 14-03-2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: Matter pertains to C.R. No. 62.
None present for Plaintiff.
None present for Defendant.
Matter not settled before Lok-Adalat.
Matter adjourned to 18-04-2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 18-04-2026

Date: 18-04-2026
Business: P.O. is on leave.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: P.O. IS ON LEAVE
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-08-2026

Date: 29-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 30.10.2026 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 30-10-2026

CHAMBER SUMMONS/101807/2019
NOTICE OF MOTION/103213/2018
CHAMBER SUMMONS/100723/2024

Registration Number: 101404/2018
Transfer Date: 11-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101404/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 101483/2018
Filing Date: 24-01-2018
First Hearing Date: 02nd July 2018
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE