Ayaz Abdul Sattar KhanVsMrs. Anisa Asif Shaikh

Date: 26-03-2019
Business: Adv. Tafti for Plaintiff present.
He tendered original NM No.768/19 t.o.r.
He also filed service affidavit t.o.r.
Deft and Adv absent.
It seems that acknowledgment does not bear signature although track report shows that item has been delivered. It cannot be treated as service. Plff is directed to get served notice of motion and writ of summons through Bailiff.
Adj for service to 07.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Court is on leave hence board discharged. matter adjd.
Next Purpose: SERVICE
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Hoshang Tafti for Plaintiff present.
He sought time to file affidavit of service.
Adj for service to 26.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Matter adjd to 24/09/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Adv. Hoshang Tafti for Plaintiff present.
Plaintiff present.
Adv.Khan  for defendant present. He filed register NM 3489/19 t.o.r.
He also filed reply to NM 768/19. t.o.r. copy is given to plaintiff
Adv. for plaintiff filed say on NM
Order below NM No.3489/19.
Read Notice of motion, affidavit in support of it, say of Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by defendant to condone the delay caused in filing written statement and to take the same on record. Defendant has raised contention about non service of writ of summons and also submitted that technically there is delay of 50 days in filing written statement and that she has very strong case on merits and there is no negligence on her part. Accordingly, she made prayer in above terms.
Plaintiff objected to the notice of motion.
Before dealing the notice of motion, I would like to mention that, it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099)
Keeping in view above legal position, considering the fact that delay caused is not inordinate and deliberate and in the interest of justice and fair trial, I am inclined to give an opportunity to the defendant to contest matter on merit. Therefore, present notice of motion deserves to be allowed. Hence, I pass following order.
ORDER
1. Notice of motion No.3489/19 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.500/- to the Plaintiff within the period of one week from the date of order. Defendant is at liberty to deposit costs payable to the  Plaintiff in Court.
2. After payment of costs by the defendant, her written statement is to be taken on record and marked exhibit.
3. Accordingly, NM No.3489/19 is disposed of.
Costs paid by defendant to Adv for Plaintiff in open Court who
accepted the same on behalf of Plaintiff.
Ex. 3 Written statement filed by defendant t.o.r.
Adjd. for rejoinder to 18.10.2019
Next Purpose: REPLY
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None present for plaintiff.
Adv. A.S.H.Khan for defendant present.
Rejoinder is not filed.
Matter is posted for NM hearing to 26.11.2019
Next Purpose: HEARING
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Hoshang Tafti for plaintiff present.
Adv. A.H Khan for defendant present.
Plaintiff sought permission to file rejoinder  Granted.
He file rejoinder t.o.r.
Copy served to other side.
With consent of both the parties matter is adjourned for NM hearing to 3.01.2020.
Next Purpose: HEARING
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Adv. Oshang Tapti for plaintiff present.
Adv. Saba Khan H/F Adv. Amanat Ulla Khan for defendant present.
With consent of both the parties matter is adjourned.
Adjourned to 28.01.2020 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Plaintiff and advocate absent.
Adv. A. H. Khan for defendant present.
Advocate for plaintiff is absent. In the interest of justice matter is adjourned as last chance.
Adjourned for NM hearing to 20.02.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv Hoshank Tafti for plff present.
Deft present and her Adv absent.
Adv for plff seeks time for NM hearing.  Granted.
Matter stands Adj for NM hearing to 07/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Plff present.
Adv H. S. Tafti for plff present.
Deft present.
Adv A. H. Khan for deft present.
With consent of both parties, matter stands Adj for NM hearing to 14/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Plff present and his Adv absent.
Adv A. H. Khan for deft present.
Matter stands Adj for NM hearing to 16/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv. Hoshang Tafti for plaintiff present.
None for defendant.
Matter stands Adj for Hearing on N/M to 16.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Deft present.
Adv A. S. Khan for deft present.
Matter stands Adj for NM Hearing to 10/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: None for both parties.
Matter stands Adj for NM Hearing to 29/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Plff and deft present.
Adv Hoshang Tafti for plff present.
Adv Khan for deft present.
Plff seeks time for NM Hearing.  Granted.
Matter stands Adj for NM Hearing to 18/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv H. S. Tafti for plff present.
Adv Khan for deft present.
They submitted that matter is settled between the parties out of the Court and suit will be withdrawn on next date.
Matter stands Adj for Settlement / Withdrawal of suit to 28/10/2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv Hoshang S. Tafti for plaintiff present.
He submitted that matter is likely to be settled out of Court. Hence he sought adjournment. Granted.
None for defendant.
Matter stands Adj for settlement to 09/12/2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-12-2021

Date: 28-10-2021
Business: Adv Hoshang S. Tafti for plaintiff present.
He submitted that matter is likely to be settled out of Court. Hence he sought adjournment. Granted.
None for defendant.
Matter stands Adj for settlement to 09/12/2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Plff present.
Adv Hoshang Tafti for plff present.
Deft present.
Adv Khan for deft present.
Exh 04 - Adv for both parties filed consent terms. t.o.r.
Consent Terms (Exh. 04) are verified through the parties in presence of their Advocates.  They admitted contents of Consent Terms (Exh. 04) to be true and correct.  Both parties and their Adv submitted to pass consent decree in terms of consent terms (Exh. 04).
In view of Consent Terms (Exh. 04), suit is disposed of. Consent decree be drawn accordingly.
Court fees be refunded to the plff as per rules.
Accordingly NM 768/2019 is disposed of.
Proceeding is closed.
Nature Of Disposal: OTHERWISE
Disposal Date: 09-12-2021

Main Case No: SUIT/0103268/2018
Main Cnr: MHCC010143262018
Main Filing No: 111447

Filing Number: 102439/2019
Filing Date: 22-02-2019
First Hearing Date: 26th March 2019
Decision Date: 09th December 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE