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NOTICE OF MOTION

Zohra Gulamhussain SpringwallaVsSaifee Burhani Upliftment Trust and Ors.

CNR MHCC01002302202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100833/2020
Registration Date
21 Feb 2020
Next Hearing Date
19 Nov 2026
Case Stage
NM FOR HEARING

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 09

    Case History / Proceedings

    Case History
    Date: 11-03-2020
    Business: Advocate Pranesh Gada for Plaintiff present and filed registered Notice of Motion no.833/2020 with affidavit in support, t.o.r.  He has also filed original writ of summons with bailiff\''s report showing that summons is served upon Defendant no.1 Trust and Defendant no.3 for himself and Defendant nos.4 to 6 on 03/03/2020.
    Advocate Mr. Bhadang i/b Wadia Gandhi and Co. for Defendant no.1 present and filed vakalatnama for Defendant no.1, t.o.r.
    Advocate Mr. Saiyed Sahil Nagamiya for Defendant no.2 and 3 present and filed vakalatnama for Defendant nos.2 and 3 t,o.r.
    Advocate Mr. Bhadang submitted that already possession of suit property is handed over by Defendant no.1 to Defendant no.2, hence nothing remains in the suit to be claimed against Defendant no.1.  Advocate for Defendant no.2 also submitted that possession of suit property is already received by Defendant no.2 from Defendant no.1 on 01/01/2020.
    Plaintiffs advocate submitted that Plaintiffs of this suit along with Defendant nos.2 to 6 have share in suit property. Considering submissions, I find that now no question arises of declaration as sought by the Plaintiff and no question arises of cancellation of alleged agreement between Defendant nos.1 and 2, hence if really Plaintiffs have any share in suit property they will have to withdraw this suit and they will have to file fresh suit for partition for claiming their share along with all legal heirs of Plaintiff\''s father which allegedly Plaintiffs have in suit property. After above observations of the court Plaintiffs advocate submitted that he will seek instruction from Plaintiffs for appropriate steps.  Plaintiffs are directed to take appropriate steps for withdrawal of the suit.  It is made clear that, liberty will be granted to Plaintiff to file fresh suit for partition by deleting Defendant no.1.
    Advocate for Defendant nos.2 and 3 waived service of writ of summons today, hence they should filed their Written Statement within 30 days from today if Plaintiff will not withdraw this suit.
    Case is adjourned to 08/04/2020 for Steps/NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Adv Mr. Chitre h/f Dhanuka & Co. for plff. present.
    Adv Mr. Bhadang for deft No.1 present and brought to the notice the observations made by this Court in the roznama dt.11.03.2020.
    None present for deft Nos.2 and 3.
    Advocate for plff seeks adjournment on the ground that his senior advocate is unable to attend this Court today.On request of advocate for the plff matter is adjd. To 26.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Smt.Komal Sharma for plaintiff present and seeks adjournment.
    Adv. Smt.Saurabh Chitnis for D2 and D3 present.
    Adv. Nanki Garewal for D1 present.
    Adjourned to 19.04.2021.
    Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Clerk Mr. Sawant of adv. Mr.Dhanuka for plff present and seeks adjournment.
    Adv Ms.Grewal for deft No.1 present and filed draft NM along with affidavit in support to reject the plaint under O-7 R-11 of C.P.C. against deft No.1 or alternatively to delete deft No.1 under O-1 R-10 of C.P.C. or alternatively to dismiss eht suit against deft No.1.
    Adv Mr. Sahil Sayed for deft Nos.2 and 3 present.
    Perused the roznama dt. 11.03.2020. Leave to register is granted.
    Copies served on the clerk of adv. for the plff.
    Matter is adjd. for NM reply to 15.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: None present for plff.
    Adv Mr. Yash  present for deft.No.1  and tendered registered NM No. 2101/2021 along with affidavit in support.
    As nobody is present for plff, matter is adjd. for NM reply to 20.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Adv Mr. Nihar Chitre present for plff. and filed affidavit in reply in NM No.2101/2021.
    Adv Ms. Joglekar for deft Nos.1 present.
    Adv Mr. Sayyad  present for deft. No.2 and 3
    Copy of reply of plff given to adv for deft No.1.
    By consent, matter is adjd. for NM hearing to 04.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Adv.Komal Sharma for plaintiff present.
    Adv.Akhil Nene for defendant No.1 present.
    Other defendants are absent.
    Deft. No.1 requested for time as the defendant No.1 wants to file vakalatnama of new Counsel.
    Matter adjd to 17.08.2022 for hearing of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 04-07-2022
    Business: Adv.Komal Sharma for plaintiff present.
    Adv.Akhil Nene for defendant No.1 present.
    Other defendants are absent.
    Deft. No.1 requested for time as the defendant No.1 wants to file vakalatnama of new Counsel.
    Matter adjd to 17.08.2022 for hearing of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: None present for plaintiff.
    Adv.Ahsan Allan present. He filed vakalatnama for J. Sagar Associates on behalf of defendant No.1 t.o.r. and marked as Exh.5.
    Matter adjd to 06.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 17-08-2022
    Business: None present for plaintiff.
    Adv.Ahsan Allan present. He filed vakalatnama for J. Sagar Associates on behalf of defendant No.1 t.o.r. and marked as Exh.5.
    Matter adjd to 06.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv.Nihar Chitne i/b.Dhanuka and Partneres for plaintiff present.
    Adv.Anuj Desai i/b.K.Sagar Associates for deft.No.1 present.
    Adv.Saiyed for deft.No.2 and 3 present. He filed draft notice of motion (delay) a/w. Affidavit in support. O-Leave granted to register draft NM. Copy of same is received by plaintiff.
    KB
    LO at 03.50 pm
    Same appearance.
    Matter adjd to 07.12.2022 for NM hearing and reply in NM delay.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 06-10-2022
    Business: Adv.Nihar Chitne i/b.Dhanuka and Partneres for plaintiff present.
    Adv.Anuj Desai i/b.K.Sagar Associates for deft.No.1 present.
    Adv.Saiyed for deft.No.2 and 3 present. He filed draft notice of motion (delay) a/w. Affidavit in support. O-Leave granted to register draft NM. Copy of same is received by plaintiff.
    KB
    LO at 03.50 pm
    Same appearance.
    Matter adjd to 07.12.2022 for NM hearing and reply in NM delay.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv.Nihar Chitre for plaintiff present.
    Adv.Anuj Desai for deft.No.1 present.
    Adv.Sayyed for deft.No.2 and 3 present and tendered registered NM No.3925/22 a/w. Affidavit t.o.r.
    Adv.for deft.No.1 filed draft chamber summons a/w. Affidavit in support. O-Leave granted to register draft chamber summons.
    Copy of same is received by pltff. and deft.No.2 and 3.
    (As Court is busy in dicatating judgment in SU 1303/13, hence, adjourned.)
    Matter adjd to 13.02.2023 for reply in chamber summons.
    Next Purpose: REPLY
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv.Nihar Chitre for plaintiff present.
    Adv.Jai Sagar for defendant No.1 present.
    Adv.Sayyed for deft.No.2 and 3 present.
    Defendant No.1 tendered registered ch/s. No.2015/22 a/w. affidavit.
    The Adv.for the pltff. submits that plaintiff No.3 has expired.
    Matter adjd to 05.04.2023 for steps in respect of deceased plaintiff No.3, reply in ch/s. No.2015 and hearing.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Adv.Komal Sharma for plaintiff present.
    Adv.Akhil Nene for defendant No.1 present.
    Adv.Sahil Sayed for defendant No.2 present.
    Adv. for plaintiff orally requested for time to file chamber summons in respect of deceased plaintiff No.3.
    Matter adjd to 13.06.2023 for filing of chamber summons.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv. Nihar Chitre for plaintiff present filed draft C/S with supporting affidavit t.o.r. O- Leave is granted to register the C/S
    Adv. Akhil for defendant no. 1  present and received copy of draft C/S.
    Adv. Arvind Dalal for defendants no. 2  and 3 present.
    None for defendant 4 to 6
    Matter is adjd.to 07-08-2023 for filing registered C/S and C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv. Nihar Chitre for plaintiff present.
    Adv. Akhil Nene  for defendant no. 1  present.
    Adv. Sahil Saiyed for defendants no. 2 and 3 present.
    Matter is adjd.to 03-10-2023 for C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-10-2023
    
    Date: 07-08-2023
    Business: Adv. Nihar Chitre for plaintiff present.
    Adv. Akhil Nene  for defendant no. 1  present.
    Adv. Sahil Saiyed for defendants no. 2 and 3 present.
    Matter is adjd.to 03-10-2023 for C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Adv. Nihar Chitre for plaintiff present and filed registered C/S No. 1165/23 along with affidavit in support t.o.r.
    He also tendered affidavit of service regarding C/S No. 1165/23 t.o.r. marked as Exh.6
    Adv. Akhil Nene for defendant no. 1 present.
    Adv. Sahil Saiyed for defendant present.
    Matter is adjd.to 21-11-2023 for C/S Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv. Neha Chitre for plaintiff present.
    Adv. Breg for defendant no. 1 present.
    Adv. Sahil Sayyed for defendants no. 2 and 3 present.
    Matter is adjourned to  09-01-2024 for C/S Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Adv. Nihar Chitre for plaintiff present.
    Adv. Meher Mistry for defendant no. 1 present.
    Adv. Dalal for defendants no. 2 and 3 present.
    Matter is adjourned to 20-02-2024 for C/S Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: CORAM:H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    Adv. Nihar Chitre i/b Dhanuka and partners for plaintiffs present and filed reply to CS No. 1165 of 2023  it is taken on record and marked as Exh.
    None for defendant
    Matter is adjourned to 05-04-2024 for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-04-2024
    
    Date: 20-02-2024
    Business: CORAM:H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    Adv. Nihar Chitre i/b Dhanuka and partners for plaintiffs present and filed reply to CS No. 1165 of 2023  it is taken on record and marked as Exh.
    None for defendant
    Matter is adjourned to 05-04-2024 for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: Adv. Archana Yadav for plaintiff present.
    Adv. Yogini Boradia for defendant no. 1 present.
    Adv. Sayali Sayyed for defendant no. 2 and 3 present.
    By consent matter   is adjourned to  25-06-2024 for C/S Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None for plaintiff.
    Adv.  Kabir Saund for defendant no. 1  present.
    Matter is adjourned to 23-08-2024 for C/S Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-10-2024
    
    Date: 23-08-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no.1 present.
    Adv. Afreen Dalal for defendant no.2 and 3 present.
    Matter is adjourned to 10.12.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2024
    
    Date: 24-10-2024
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no.1 present.
    Adv. Afreen Dalal for defendant no.2 and 3 present.
    Matter is adjourned to 10.12.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2024
    
    Date: 24-10-2024
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no.1 present.
    Adv. Afreen Dalal for defendant no.2 and 3 present.
    Matter is adjourned to 10.12.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2024
    
    Date: 24-10-2024
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no.1 present.
    Adv. Afreen Dalal for defendant no.2 and 3 present.
    Matter is adjourned to 10.12.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2024
    
    Date: 24-10-2024
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no.1 present.
    Adv. Afreen Dalal for defendant no.2 and 3 present.
    Matter is adjourned to 10.12.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2024
    
    Date: 24-10-2024
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no.1 present.
    Adv. Afreen Dalal for defendant no.2 and 3 present.
    Matter is adjourned to 10.12.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2025
    
    Date: 10-12-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2025
    
    Date: 10-12-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2025
    
    Date: 10-12-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2025
    
    Date: 10-12-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2025
    
    Date: 10-12-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: None for plaintiff present.
    Adv. Kabir for defendant no.1 present and has sought time to file reply to CS.
    O- Short adjournment is granted.
    Adv. Sahil Sayyed for defendant no.2 and 3 present.
    Matter is adjourned to 03.03.2025 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: None for plaintiff present.
    None for defendant.
    LO at 03.35 pm
    None plaintiff present.
    Adv. Kabeer   for Defendant No. 1 present and that he does not  intend to file reply.
    Adv. Sahil Sayyed  for Defendant No. 2 and 3 present.
    Matter is adjourned to 11.04.2025  for argument on CS.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-04-2025
    
    Date: 11-04-2025
    Business: Adv. Tabish Jamdar for plaintiff present.
    Adv. Kabeer for defendant no.1 present.
    Matter is adjourned to 11.06.2025 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-06-2025
    
    Date: 11-06-2025
    Business: None for plaintiff present.
    Adv. Amit Padwal for defendant no.2 and 3 present.
    Later on at 4.55 pm
    Adv. Usama Memon for plaintiff present and filed VP. It is taken on record and marked as Exh.8.
    O- Seen and filed.
    Adv. Brigenza for defendant no.1 present.
    Matter is adjourned to 01.07.2025 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-07-2025
    
    Date: 01-07-2025
    Business: Adv. Farhana Khan for plaintiff present.
    Adv. V. Briganza for defendant no. 1 present.
    Adv. Sayyed for defendant no.2 and 3 present.
    Matter is adjourned to 08.09.2025 for argument on CS No. 1165/2023.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: None for plaintiff.
    Adv. Virgil Braganza for defendant no. 1 present.
    Adv. Amit Padwal for defendants no. 2 and 3 present.
    Matter is adjourned to 14.11.2025 for CS argument.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 14-11-2025
    
    Date: 14-11-2025
    Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
    None  for plaintiff.
    Adv. Braganza h/f Adv. J. S. A for defendant No. 1 present.
    Adv. Ashfaq Dasulkar for defendant No. 2 and 3 present.
    Plaintiff has not taken any steps to argue on CS and NM since last many dates. If the plaintiff doesnot argue on CS and NM on next date necessary orders will be passed against her.
    Matter is adjourned to 30.01.2026 for CS arguments.
                                                                                            Judge
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: As Court is vacant, hence, matter adjourned.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 17-02-2026
    
    Date: 17-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    None for plaintiff.
    Adv. Virgil Braganza for defendant no. 1 present
    Adv. Hiral Thakkar i/b Adv. Sahil Saiyed for defendant no. 2 present.
    Ld. advocate for defendant no. 1seek time to argue on CS no. 2015/2022. O- Time granted as last chance.
    Matter is adjourned to 04.04.2026 for CS hearing.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 04-04-2026
    
    Date: 04-04-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    None for plaintiff.
    Adv. Birganza for defendant no. 1 present.
    As court is busy in hearing final arguments in Suit no.3033/2024, Suit No. 4031/2011, passing order in NM no. 1630/2017 and dictating judgment in Suit no. 7296/2006. Hence matter adjourned.
    Matter is adjourned to 11.06.2026 for CS hearing.
    Later on at 03.45 pm
    Adv. Priyanka Singh i/bAdv. Sahil Saiyed for defendant no. 2 and 3 present.
    Matter is adjourned to 11.06.2026 for CS hearing.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-06-2026
    
    Date: 11-06-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 03.29 pm
    None for plaintiff present.
    Adv. Virgil Braganza i/b JSA for defendant No. 1 present.
    Adv. Somesh Pathak i/b Adv. Sahil Saiyed for defendant No. 2 and 3 present.
    Order passed in NM No. 3925/2022
    The NM is pending since 2022 to recall and set-aside no written statement order passed against defendant No. 2 and 3 . The roznama shows that the plaintiff is not appearing since 08/09/2025. The reply is not filed to the NM till date. The suit is filed for cancellation of registered agreement and declaration. The prayer clause shows that the plaintiff is seeking partition of the suit property. The parties are relatives. The prayer clause of the NM is for recall / set-aside no-written statement order (if any) against defendant No. 2 and 3. On perusal of roznama dated 11/03/2020 the defendant No. 2 and 3 waived the service of writ of summons therefore direction was given to file written statement within 30 days. There is no order of no written statement order. The advocate for defendant stated that he is filing written statement today. Considering the nature of suit as well as the fact that the NM has proceeded without reply no prejudice will cause to the plaintiff in case the defendant is allowed to file the written statement. Hence the delay to file written statement is condoned and written statement of defendant No. 2 and 3 is taken on record. Accordingly, NM is disposed of.
    Order below CS 1165/2023
    The CS is filed to bring the legal heirs of plaintiff No. 3 expired on 10/01/2023. The CS is filed on 13/06/2023. The reply is filed by defendant No. 2 and has objected on the ground that there is delay.
    Heard advocate for defendant No. 2. The plaintiff is not heard as nobody is present on his behalf. The prayer in the CS is to condone the delay of 61 days.
    The suit is filed for partition and possession. One of the plaintiff has expired. Considering the nature of suit all the defendants who are relatives and have share in the property are as good as plaintiffs. Hence in the interest of justice the CS needs to be allowed by condoning the delay. Hence the CS in terms of prayer (a) is made absolute. The plaintiff is directed to carryout necessary amendments within 14 days as per the schedule annexed to the CS failing which the plaintiff suit will proceed further and no opportunity will be granted to him to carryout the amendment. Accordingly CS is disposed of.
    Order passed in CS No. 2015/2022
    The CS is filed by defendant No. 1 to amend the NM No. 2101/2021. The defendant No. 1 desires to plead in respect of jurisdiction of court stating that this court has no jurisdiction. The suit should have been filed before Small Causes Court Mumbai. On perusal of NM No. 2101/2021 the said pleading is not there. The plaintiff did not file reply till date. Hence the CS is proceeded without reply of plaintiff. The CS is pending since 2022 hence decided. Heard Adv. Virgil Braganza for defendant No. 1. Perused contents of CS supported by affidavit. I have gone through the contents of NM No. 2101/2021.
    The defendant No. 1 desires to include the pleading in respect of jurisdiction of the small causes Court to decide the suit. Considering the facts of the case the said pleading needs to be added to the NM No. 2101/2021. Hence the CS is allowed as per prayer (a) of the CS to carryout amendment as per the schedule annexed to the CS. Defendant No. 1 is directed to carryout the necessary amendment with the NM No. 2101/2021 within 14 days failing which no opportunity will be granted to him to carryout the amendment. Accordingly CS is disposed of.
    Advocate for defendant No. 2 and 3 filed written statement. It is taken on record and marked as Exh.9.  O- Read and recorded.
    Matter is adjourned to 01.08.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2026
    
    Date: 01-08-2026
    Business: P.O. IS RELIEVED ON TRAINING.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2026
    
    Date: 09-09-2026
    Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
    None for plaintiff present.
    Adv. Maitri Dedhia i/b JSA for defendant No. 1 present.
    Adv. Somesh Pathak i/b Adv. Sahil Saiyed for defendant No. 2 and 3 present.
    Matter is adjourned to 19.11.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102418/2020
    Filing Date: 21-02-2020
    First Hearing Date: 11th March 2020
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

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