Mr. Abdul Rahman S/o. Abdul Aziz Fitwalla +8 moreVsMr. Mohammed Islam Abdul Salaam Qureshi +1 more

Date: 02-05-2018
Business: Adv. Ali for pltffs absent.
None present for plaintiffs.
   Plaintiffs are directed to serve WOS on the defendants simultaneously by speed POST/A.D. r/on next date.
Adjd for affidavit of service on 25.07.18.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Plaintiff no. 4 present. Adv absent.
Vakalatnama of the plff. t.o.r.
Application tendered by the plff no. 4 for seeking extension of time to serve writ of summons. t.o.r. Time is extended.
Matter is adjd. to 19.09.2018 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Business: None present for the plff.
Adv. Mr. Mohanish Chaudhari for Defendant no. 1 present and he undertakes to file Vakalatnama on next date.
Matter is adjd. to 8.01.2019 for W.S by deft no. 1/ proof of service of writ of summons of the deft no. 2
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: Pltff no.4 tendered affidavit of service t.o.r.
As Court is busy in hearing arguments in Suit No.3856/08 and Suit No.9650/90. Hence, Board is discharged.
Matter is adjd. to 04.04.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Resumed.
None for plaintiff.  Adv. Mohnish Choudhari for defendant no. 1 is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Vakalatnama of Adv. Choudhari for defendant no. 1. O- Seen and filed.
He seeks time to file written statement.  Time is granted subject to statutory limitations.  Liberty to mention.
Exh. 7 - Original writ of summons with affidavit.  O- filed.
It appears there from that the defendant no. 2 is also served with writ of summons on 01.09.2018.  She has not appeared in the matter.  The suit be heard ex-parte against defendant no. 2.
Adjd for written statement of def. no. 1/no w.s. orders to 15.07.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: None present for plaintiffs and defendants.
The defendant no. 1 failed to file written statement within the statutory period.  Hence the suit is proceeded without written statement of defendant no. 1. Matter is adjourned for exparte evidence to 13.9.2019.
LO
Plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: PW-1 present.
None resent for defendants.
Affidavit of examination in chief of PW-1 Abdul Hakim Abdul Aziz Fitwalla.
Compilation of documents filed by the plaintiffs.  TOR.
Adjourned for hearing on admissibility of the documents to 11.11.2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Plaintiff no. 1 present.
Adv. Mohammed Iftikhar Ali for plaintiff present.
Adjourned for hearing on admissibility of the documents to 23.11.2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Muhammed Iftikhar Ali for plaintiff present.
Adv. Mohnish Choudhary for defendant no. 1 present.
Defendant no. 1 tendered draft NM along with affidavit and written statement.  Leave is granted to register.
Heard Ld. counsel for the defendant no. 1 and plaintiffs on draft NM.
Order on draft Notice of Motion
The  counsel for the defendant no. 1 submitted that the writ of summons without annexures was served upon on defendant no. 1 on 1.9.2019.  On 19.9.2019 the advocate for the defendant no. 1 appeared in the matter and no one from the side of the plaintiff appeared and the matter was adjourned to 8.1.2019.  On 14.1.2019 the advocate for the defendant no. 1 pointed out while appearing in the suit no. 731/18 that the plaintiffs have served writ of summons without annextures therefore written statement could not be filed.  The plaintiffs served the annexures at the office of the advocate for defendant no. 1 on 24.1.2019.  As the defendant no. 1 was not keeping well and therefore could not give instruction to his advocate for preparing written statement.  Thereafter defendant no. 1 forgot to update his advocate.  The defendant no. 1 was travelling for business and religious purpose therefore lost the track of the matter. The defendant no. 1 therefore now wish to file written statement and there is delay of 273 days for which he prayed for condoning it.
        The Ld. Advocate for the plaintiff vehemently opposed the present notice of motion on the count that defendant no .1 has not made out sufficient cause for delay.  He would submit that delay is intentional and deliberate.   He would further submit that in order to substantiate the statement in affidavit the defendant no. 1 has not filed any document
              The reason assigned by the defendant no. 1 is not supported by document.  The reason assigned by the defendant no. 1 for delay does not appears to be justifiable.  Be that as it may, the defendant no. 1 wish to participate in the proceeding.  No doubt plaintiff has filed his affidavit of examination in chief and compilation of documents.  The plaintiff is required to be compensated by costs if the delay is condoned.  Even otherwise there should not be any hyper technical and pedantic approach in dealing with such type of motion. No prejudice would be caused to the plaintiffs if the written statement is taken on record.  In the interest of justice, the notice of motion  needs consideration.  Hence it is expedient to pass following order.
ORDER
1.  Draft Notice of Motion is made absolute in terms of prayer clause (a) to (c) subject to costs of Rs. 5,000/- to be paid by defendant no. 1 to the plaintiffs or their advocate within a period of 2 weeks from today.
2.  Payment of costs is subject precedent.
3.  On payment of costs written statement of defendant no.1  be taken on record.
4.  Notice of Motion  is disposed of accordingly and it be registered for the statistical purpose.
_____________________________________________
Adjourned  for issues to 20.2.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: None for plaintiff.
Adv. Chaudhari for deft. no.1 present.
Adv. for deft. no.1 tendered original N/M no.4560/19.  T.O.R.
Adv. for deft. no.1 tenders acknowledgment in respect of payment to the plaintiff.
It appears that deft. no.1 has complied with the order. W/S of deft. no.1 is taken on record.
W/S of deft. no.1.
O. - Read and recorded.
The matter is adjd for framing issues to 10.06.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present.
The matter is adjd for framing issues to 19.03.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Plaintiff present.
None for deft.
The matter is adjd for framing issues to 22.06.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 17/08/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None present.
Issue notices to all the parties for attending National Lok Adalat scheduled to be held on 25.09.2021 at 10.00 a.m.
Matter adjd for Lok Adalat on 25.09.2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Both parties are absent.
Matter is not settled before Lokadalat.
Adjd to. 16.10.2021 for parties to present before regular court.
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per Office Order No.213 of 2021 dated 12.10.2021, hereby declared holidays on 16.10.2021.  Matter is adjd. to 23.10.2021
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: None present for the both the parties.
Issue notice to all the parties for attending the National Lok Adalat Schedule to be held on 11.12.2021 at 10.00 am.
Adjd to. 11.12.2021 for lok adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: Plaintiff present.
Defendant and advocate for deft. absent.
Matter is already adjd to 16.02.2022
Next Purpose: FOR___________________
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Plff no 4 is present.
Adv Muhammed. Iftikhar Ali for plff is present.
It is submitted that the connected suit vide no. 1526/18 is fixed on 24/02/2022. Hence, this suit is adj for 24/02/2022.
Matter is adjd to 24/02/2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Mohd. Iftikhar Ali for pltff present.
Adv. Choudhary for deft no. 1 present.
As connected matter is adjourned on 16/06/2022 this matter is also adjd to 16/06/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv Mohanish Chaudhary for defendant no.1 present. He tendered draft N.M. along with affidavit in support. Leave is granted to register.
Matter adjd to 29/08/2022 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Plaintiff is present.
None present for defendant.
Defendant is directed to tender on record original registered NM.
Matter adjd to 09.11.2022 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Plaintiff no. 4 is present.
Adv. Mohnish Choudhary for defendant no.1 is present and tendered original registered NM No. 2104/22 a/w affidavit in support of it. T.O.R.
Plaintiff no. 4 has filed reply to NM No. 2104/22. T.O.R. Copy supplied to other side.
Matter adjd to 10.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Adv. Mohd. Iftikhar Ali for plaintiff is present.
None present for defendant.
KB LO at 4.05 p.m.
Same appearance for plaintiff.
Matter adjd to 17.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. Mohd. Iftikhar Ali  for plaintiff is present.
Adv. Sujit Bugade for defendant is present and filed compilation of documents. T.O.R. Seen.
Matter adjd to 13.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: P.O. is on leave hence matter adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Akshar Mishra h/f Adv. Chaudhary for defendant present. Plaintiff present.
On oral request of defendant, matter adjourned.
Matter adjd to  29/08/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Plaintiff a/w Adv. Tabish Jamdar h/f Adv. M. Ali is present.
None present for defendant.
Last chance granted to the defendant to argue NM.
Matter adjd to 27.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Mohammed Iftikhar Ali for plaintiff is present.
Adv. Akshay Mishra h/f Chaudhary for defendant is present and seeking time to argue the notice of motion. Record shows that already last chance granted to the defendant to argue their NM taken out under order 7 rule 11 of CPC. Therefore, considering the request matter is adjourned subject to payement of cost of Rs. 2000/- paid to the DLSA, Mumbai.
Matter adjd to 05.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Adv. Mohammed Iftikhar Ali for plaintiff is present.
None present for defendant.
Last chance granted to defendant to work out NM, on failure further order will be passed on next date.
Matter adjd to 05.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: P. O is on official duty at Small Causes Court in 2nd session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Plaintiff no. 4 is present.
Adv. Muhammed Iftikhar Ali for plaintiff is present.
Adv. Akshay Mishra for defendant no. 1 is present.
Sufficient time granted to defendant to work out NM. Vide order dated 27.10.2023. Hearing of Motion was adjourned subject to cost of Rs. 2000/-. The Ld. Adv. for defendant made statement that cost amount is paid with office of DLSA. The statement is recorded. Last chance granted to defendant to work out NM subject to undertaking, on failure NM will be dismissed on next date.
Matter adjd to 26.06.2024 for NM hearing on the request of both advocates.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: Adv. Siddiqui Zaiba for plaintiff is present and seek time. O- Time granted.
Plaintiff no.4 is present.
None present for defendant.
Matter adjd to 16.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: None present for plaintiff.
Adv. Akshay Mishra h/f Mohanish Chaudhary for defendant no.1 is present and seek time. O- Time granted as last chance.
Matter adjd to 09.10.2024 for NM hearing.
L.O at 3.20 p.m.
Plaintiff no.4 is present.
Matter already adjourned to 09.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Not on board taken on board by praecipe Exh.12
Adv. Mahesh Gawade for plaintiff is present and tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM. Copy be served on other side.
None present for defendant.
Matter already adjd to 09.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Adv. Muhammed Iftikhar Ali for plaintiff is present and tendered original notice of motion no.4124/2024. TOR. Copy served on other side.
Adv. Akshay Mishra for defendant no.1 is present and seek time. O- Time granted as last chance.
Matter adjd to 11.12.2024 for NM reply on NM No.4124/2024 and hearing on NM No.2104/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: None present for plaintiff.
Adv. Akshay Mishra a/w Adv. Hardik Desai for defendant no.1 is present and seek time to file Vakalatnama and reply. O- Time granted.
Matter adjd to 17.02.2025 for NM reply and NM hearing.
L. O at 3.35 p.m
Adv. Shaikh Muhammad Iftikhar Ali for plaintiff is present.
Matter already adjd to 17.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: Adv. Muhammed Iftikhar Ali for plaintiff is present.
None present for defendant.
Defendant failed to file reply to NM No.4124/24. Hence, NM to proceed further without reply.
Last chance granted to defendant to work out NM No.2104/22 on failure further order will be pass on next date.
Matter adjd to 08.05.2025 for NM hearing.
L.O. at 04.10 pm.
Adv. Akshay Kumar Mishra for defendant no. 1 present.
Already matter adjd to 08.05.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Not on board taken on board by praecipe Exh.13
None present for plaintiff.
Adv. Maaz Qureshi for defendant no.1 is present and filed Vakalatnama Exh.14. TOR.
He also tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM. Copy be served on other side.
Matter adjd already to 08.05.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Adv. Muhammed Iftikhar Ali for plaintiff is present.
Adv. Veer Patel i/b Ravish Mishra for defendant no.1 is present and tendered registered notice of motion no.2306/2025. TOR. Copy served on other side.
NM no.2306/2025 is taken up for hearing with consent. Heard advocate for plaintiff and defendant.
F.R.S.R following order is passed in Notice of Motion No.2306 of 2025
                                            ORDER
1. Notice of motion no.2306 of 2025 is hereby allowed and disposed off with permission to defendant to file reply to notice of motion no.4124 of 2024 subject to cost of Rs.2000/- to be paid to plaintiff before next date.
2. Order passed in notice of motion no.4124/2024 dated 17.02.2025 is hereby recalled.
Matter adjd to 11.07.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: Adv. Asad Ali h/f Adv. Mohd. Iftikhar Ali for plaintiff is present.
Adv. Vir Patel i/b Mishra for defendant is present and filed reply to notice of motion no.4124/2024. TOR.
Matter adjd to 04.09.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: CORAM HIS HONOUR JUDGE SHRI S. K. KARHALE (C.R.NO.1)
Adv. Sonam Sharma for plaintiff is present and seek time.
Adv. Vir Patel for defendant no. 1 is present and seeks time.
With consent last chance is granted.
Matter adjd to  27.10.2025 for NM hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: Adv. Sonam Sharma h/f Mohit Ali for plaintiff is present.
Adv. Yogesh Patel for defendant no.1 is present and seek time. O- Time granted.
Both seek longer date.
Matter adjd to 21.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Adv. Mohd. Iftikhar Ali for plaintiff is present.
Adv. Vir Patel i/b Ravish Mishra for defendant no.1 is present and seeks time to take steps to transfer the suit as all the three suits can be clubbed together in one court.
Matter adjourned to 27.04.2026 for steps by defendant no.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: Adv. Asad Ali Ansari h/f Adv. Mohd. Iftikhar Ali for plaintiff is present.
None present for defendant.
Matter adjourned to 25.08.2026 for steps.
Later on at 3.30 p.m.
Adv. Ameen Raibakker for defendant no.1 is present.
Matter adjourned to 25.08.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2026

Date: 25-08-2026
Business: P.O is On Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2026

NOTICE OF MOTION/104124/2024
NOTICE OF MOTION/102104/2022
NOTICE OF MOTION/102306/2025
TRANSFER APPL/100238/2026
NOTICE OF MOTION/104560/2019

Filing Number: 102329/2018
Filing Date: 12-02-2018
First Hearing Date: 02nd May 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE