Abdul Rahman S/o.Abdul Aziz Fitwalla +8 moreVsMr. Mohammed Islam Abdul Salaam Qureshi +4 more

Date: 03-04-2018
Business: None present
Adjd to 06/08/2018 for direction.
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: None present.
Plaintiff to serve writ of summons upon Defendants.
Adjourned to 14.01.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Plaintiff present.
Adv. Mohd. Iftikhar Ali for plaintiff present.
Adv. Mohnish Chaudhari for defendant No. 1 present and filed Vakalatnama
Adv. for plaintiff has tendered the report of bailiff to show that the summons are served to the defendant. The bailiff repot shows that he has served writ of summons along with true copy of plaint.
Adv. for defendant no. 1 stated that he has only received the plaint and not received the documents.The plaintiff is directed to supply the copy of documents relied by him along with the plaint. The bailiff should have served this writ of summons along with all the documents filed by the plaintiff as per the provision.
Adjd for compliance/written statement to 25/04/2019.
Adv. for plaintiff has taken back the original writ of summons.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Plaintiff No. 4 present.
Plaintiff No. 4 filed an application. O- Call say of the concerned department.
As per office order No. 66 of 2019 the suits relating to differently abled person, senior citizen and marginalized sections of the society for speedy disposal, special court is designated and the suits are re-assigned to Court Room No. 9. hence transferred.
Adjd for compliance to 15/07/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Plaintiff no.4 present.
Court is busy in dictating Judgment in suit no.6986/2006, hence case is adjourned to 24/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Plaintiff present.  Advocate M. I. Ali for Plaintiff present
None present for Defendant.
Suit to proceed for no Written Statement order.
Case is adjourned to 17/01/2020 for no Written Statement order.
Next Purpose: ORDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: PO IS ON LEAVE.(Matter pertains to CR-9)
None present for Plaintiff.
Advocate Shri. Mohnish Chaudhari for Defendant No.1 present and filed original registered NM No.4559/2019.
Case is adjourned to 12.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Advocate Mr. Mohd. Iftikar Ali for Plaintiff present and filed original writ of summons showing that the writ of summons is served upon Defendant no.1 and 4. Plaintiff\''s advocate sought extension of time to serve writ of summons upon Defendant no.2  and 3. O-Time extended till next date.
Advocate Mohnish Chaudhary for Defendant no.1 present and served copy of NM no.4559/19 upon advocate for Plaintiff.
Heard.
                     ORDER ON NM NO.4559/19
This Notice of Motion is taken out by Defendant no.1 for condonation of delay of 273 days caused in filing Written Statement.
Defendant no.1 has filed his affidavit in support of Notice of Motion contending that Notice of Motion u/s 9A of CPC was filed by Defendant no.1 in suit no.1375/13.  Said Notice of Motion was allowed, preliminary issues were framed in said suit, evidence was laid and this court held that it has no jurisdiction to entertain said suit and plaint was rejected under Order 7 Rule 11 of CPC thereafter, Plaintiffs have filed 3 separate suits against the parties from suit no.1375/13.  It is contended that the annextures to the plaint of this suit were served upon Defendant no.2 on 24/01/2019 and hence the delay is caused in filing Written Statement.  It is not intentional. Therefore, Defendant no.1 has prayed to allow the Notice of Motion.
Plaintiff\''s advocate has filed the reply on Notice of Motion itself contending that Plaintiff has strongly objection for allowing the Notice of Motion.  Heard. Defendant\''s advocate submitted that in two other suits filed by Plaintiff the delay caused in filing Written Statement by the Defendant no.1 in those suits is condoned subject to cost of Rs.5000/- same Defendant no.1 has taken out  this Notice of Motion hence if Notice of Motion will be allowed subject to cost of Rs.5000/- no harm will be caused to Plaintiff. It is pertinent to note here that Plaintiff advocate also fairly submitted that as like orders passed in other two suits, this court may consider Defendant\''s request. Considering submissions, I proceed to pass following order-
                                      ORDER
Notice of Motion no.4559/19 is made absolute in terms of prayer clause (a), subject to cost of Rs.5000/- to be paid by Defendant no.1 to Plaintiff.  It is made clear that, after payment of cost, Written Statement of Defendant no.1 will be accepted and exhibited.
Case is adjourned to 16/03/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 30/06/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2020

Date: 30-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 04/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present for Plaintiff/s.
None present for defendant/s.
As nobody present for both the parties, matter is adjourned for compliance to 18.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: None present for both the parties.
Matter is kept today for compliance as the N.M.No.45592019 of deft No.1 is allowed subject to cost on 12.02.2020.
There is endorsement as received original writ of summons alongwith signature of the plaintiff. It is not clear whether said endorsement pertains to receipt of cost amount by the plff. or otherwise. There appears no reason for making endorsement by the plff about receipt of original writ of summons by him.
As nobody is present for both parties, considering the present pandemic condition, matter is adjd. at same stage till next date.
Matter is adjd. for compliance to 17.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: For maintaining the record of the suit properly, following exhibits numbers are given in today’s date.
Plaint
Vakalatnama of Adv Mr. Shaikh Mohd. Iftikar for plff.
Memorandum of address of plaintiff.
List of document.
Adv Mr. Shaikh Mohd. Iftikar Ali for plff present and submitted that he has received the amount of cost from defendant No.1 as per order dt.12.02.2020 passed in N.M. No.4559/2019.
None present for the defendants.
Since the order is complied with, WS of defendant No.1 is R & R.
Written statement of defendant No.1 at Exh.5.
Matter is adjd. for draft issues to 10.08.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: None present for both the parties.
Court is busy in other matters hence, matter is adjd. for filing draft issues to 26.10.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for both parties.
Court is busy in other matters hence, this matter is adjd. at same stage till next date.
Matter is adjd. for draft issues to 17.01.2022.
Judge
L.O.at 1.30 p.m
Plff No.4 Abdul Hakim present in person and filed draft issues on behalf of the plaintiffs.
Adjd. for framing of issues to 17.01.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: None present for plff.
Adv Mr. Mohnish Chaudhary present for deft.No.1 and filed draft NM alongwith affidavit in support for rejection of plaint under O-7 R-11 of C.P.C. . O-Leave to register is granted with direction to serve the plff.
Matter is adjd. for NM reply to 16.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Mr.Bhagyesh Bhikaji Toraskar, clerk of Adv.Mohnish Chowdhary for deft.No.1 present.  He tendered registered NM No.1558/2022 a/w. Affidavit.
Plaintiff No.4 present. He filed reply in NM No.1558/2022. It is t.o.r. and marked as Exh.6. Copy is received by other side.
Matter adjd to 06.10.2022 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv.Muhammed Ali for plaintiff present.
None present for deft.
Plaintiff to file service affidavit of suit summons in respect of defendant No.2 to 5. NM is for hearing. Defendant No.1 is absent. NM is kept of order.
Matter adjd to 07.12.2022 for service affidavit of suit summons and order against deft.No.1 in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Adv.Muhammed Iftikhar Ali for plaintiff present. He filed affidavit of service of the writ of summons TOR marked as Exh.7.
Adv. Mohanish Chaudhari for defendant No 1 present and filed  compilation of documents TOR marked as Exh.8.
(As Court is busy in dicatating judgment in SU 1303/13, hence, adjourned.)
Matter adjd to 17.02.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None present.
The defendant no.1 remain absent and failed to proceed with NM 1558 of 2022, hence NM be kept for order.
Matter adjd to  17-04-2023 for Order.
L.O. 3.48 pm
Adv. Momhd Iftikhar Ali for plaintff present.
Adv. Sujeet Bugade h/f Monish Chaudhari for defendant no.1 present.
The adv. for the plaintiff filed draft chamber summons along with supporting affidavit t.o.r. Leave Is granted to register C/S.
Next Purpose: ORDER
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None present.
Adv. Mohd. Iftikar Ali for plaintiff present.
None present for deft.
Order in N.M. 1558/2022.
Read the roznama dated 17.02.2023. deft. no.1 failed to proceed with N.M. 1558/2022, hence, said N.M. is dismissed for default.
                                              --------
The plaintiff tender register Chamber Summons No.377/2023. T.O.R.
Matter adjd to 13.07.2023 for Chamber for reply.
Next Purpose: REPLY
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv. Mohd. Ali for plaintiff present.
None for defendant
Matter is adjd.to 29-08-2023 for C/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Court is on board.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. M. I. Ali   a/w plaintiff present.
None for defendant
Matter is adjd.to 07-11-2023 .
Next Purpose: C/S  HEARING
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. M. I. Ali for plaintiff present and filed pursis taken on record marked as Exh.9
Adv. Akkshay Kumar for defendant present.
Copy be furnished to the other sides.
Matter is adjourned to   14-12-2023 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Plaintiff no. 4 in person present.
Adv. Akshay Mishra for defendant no. 1 present.
Matter is adjourned to 14/02/2024 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Adv. M. I. Ali for plaintiff present.
Adv. Akshay Mishra for defendant no. 1 present.
Matter is adjourned to 13-03-2024 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Plaintiff no. 4 present.
Adv. Mohammed Iftikhar Ali for plaintiff present.
None for defendant.
Matter is adjourned to   18-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: None present for both sides.
Matter is adjourned to   22-08-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: None for plaintiff.
Adv.Akshay Mishra for defendant No.1 present.
LO Plaintiff along with Adv. M.I Ali present and filed draft NM along with affidavit of support. O- Leave to register NM is granted.
Matter is adjourned to 17.10.2024 for NM hearing and affidavit of service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: Adv. M. I. Ali alongwith plaintiff No. 4 present and tendered registered NM No. 4598/24 alongwith affidavit in support.
Copy of the same furnished to the other side.
Adv. Akshay Mishra i/b. Adv. M. Choudhary for defendant No. 1 present.
Matter is adjourned to 04-12-2024 for NM Reply and CS Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Matter pertaining to C. R. No. 62
Adv. M. I. Ali present for plaintiff.
Adv. Akshay Mishra h/f. Adv. Hardik Desai present for defendant and sought time for file reply to Notice of motion and Chamber summons.
Matter is adjd. for NM / CS reply to 10.01.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Adv. Muhammed Ali a/w plaintiff present.
None for defendant.
Matter is adjourned to 24.02.2025 for no reply order against defendant.
Next Purpose: ORDER
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: Adv. Asad Ali h/f. Adv. Ali for plaintiff present.
None for defendant.
Defendant No. 1 failed to file reply on Cs No. 377/23 and NM No. 4598/24. Hence no reply order is passed against defendant No. 1.
Matter is adjourned to 27-03-2025 for Argument in NM and CS.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: None for plaintiff present.
None for defendant.
Court is on half day leave for training at Uttan. Hence, matter is adjourned to 22.04.2025 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-03-2025

Date: 28-03-2025
Business: CORAM  H.H.J. SHRI. A. K. KALE (C.R. NO.63)
Not on board taken on board by preceipe.
Matter is pertaining to CR.62.
Adv. Maaz Qureshi h/f Adv. Ravish Mishra for def. No. 1 present and filed application for taking matter on today’s board. It is taken on record and marked as Exh.10.
Adv. Maaz Qureshi h/f Adv. Ravish Mishra for def. No. 1 also filed VP. It is taken on record and marked as Exh.11.
Adv. Maaz Qureshi h/f Adv. Ravish Mishra for def. No. 1 tendered draft NM along-with affidavit in support.
O- Leave to register NM is granted.
Matter is already adjourned to 22.04.2025 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: None for plaintiff.
None for defendant.
Later on,
Adv. Ravish Mishra for def. no.1 present and tendered registered NM no.1927/2025 alongwith affidavit in support.
Matter is adjourned to 24.07.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adv. Sonam Sharma for plaintiff present.
Adv. Vir Patel for defendant no.1. present and supplied Copy of NM 1927/25 to plaintiff.
Matter is adjourned to 17-09-2025 for reply NM 1927/25.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: Adv. Sonam Sharma  for plaintiff present and filed affidavit in reply in NM 1927/2025. It is TOR marked as Exh.12. Copy of the same furnished to other side.
Adv. Vir Patel i/b Adv. Ravish Mishra for defendant No. 1 present.
Matter is adjourned to 04.11.2025 for arguments on NM1927/2025.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Sonam Sharma for plaintiff present.
Adv. Vir Patel i/b Adv. Ravish Mishra for defendant No. 1 present.
Kept back
Heard both sides on NM 1927/2025 and CS 377/2023 .
F.R.S.R following order is passed in NM No. 1927/2025.
- ORDER -
1. 	The Notice of Motion No. 1927/2025 is hereby allowed.
2. 	The ‘no reply order’ passed against defendant no.1 in Notice of Motion No. 4598/2024 is hereby set aside/recalled subject to payment of costs of Rs.1,000/- (Rupees One Thousand Only) to the plaintiffs within 14 days from the date of this order.
3. 	The ‘no reply order’ passed against defendant no.1 in Chamber Summons No. 377/2023 is hereby set aside / recalled subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to the plaintiffs within 14 days from the date of this order.
4. 	The Notice of Motion No. 1927/2025 is hereby allowed and disposed of.
F.R.S.R following order is passed in CS No. 377/2023.
- ORDER -
1. 	The Chamber Summons No. 377/2023 is hereby allowed.
2. 	The legal heirs of defendant no.5 are allowed to be brought on record as prayed.
3. 	The plaintiffs to carry out the amendment in the title clause of plaint and file amended plaint.
4. 	The Chamber Summons No. 377/2023 is hereby allowed and disposed of.
Matter is adjourned to 08.01.2026 for compliance and reply on NM 4598/2024.
                                                                                        Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Adv. M. I. Ali alongwith Plaintiff no. 4 in person present and has filed application for extension of time to carryout amendment. It is taken on record and marked as Exh.13. O- Granted as prayed till next date.
Adv. Vir Patel for defendant no. 1 present.
The defendant no. 1 has paid Rs. 1000/- to the plaintiff in compliance of order for taking reply to NM no. 4598/2024.
Defendant no. 1 has filed reply to NM no. 4598/2024. Copy of the same is furnished to other side.
Matter is adjourned to 22.01.2026 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. M. I. Ali for plaintiff present and sought time to argue on NM and supplying amended plaint.
None for defendant.
Matter is adjourned to 07.03.2026 for NM hearing /compliance.
Later on at 03.45 pm
Adv. Ameen Raibakker i/b Adv. Ravish Mishra for defendant no. 1 present.
Matter is adjourned to 07.03.2026 for NM hearing /compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Adv. Asad Ali h/f Adv. Mohd. Iftikahar Ali for plaintiff present and said that his senior will argue on next date.
Adv. Vir Patel i/b Adv. Ravish Mishra for defendant no. 1 present.
Advocate for plaintiff filed amended copy of plaint. It is taken on record.
Matter is adjourned to 28.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.10 pm
Adv. Asad Ali Ansari h/f Adv. Mohd. Iftikhar Ali for plaintiff present.
None for defendant.
Matter is adjourned to 21.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: Adv. Mr. Asad Ali T. Ansari h/f Adv. Mohd. Iftikhar Ali for plaintiff present.
Adv. Mr. Maaz Qureshi h/f Adv. Rauish Mishra for defendant No.1 is present and submitted that as three suits are pending in different courts hence, Transfer Application is filed.
Matter is adjourned to 17.10.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2026

NOTICE OF MOTION/104559/2019
NOTICE OF MOTION/101927/2025
CHAMBER SUMMONS/100377/2023
NOTICE OF MOTION/101558/2022
NOTICE OF MOTION/104598/2024

Registration Number: 100731/2018
Transfer Date: 04-05-2019
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100731/2018
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: 102330/2018
Filing Date: 12-02-2018
First Hearing Date: 03rd April 2018
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE