Abulias G. AnsariVsRashida B. Mohammed Shaikh and Ors.

Date: 05-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Advocate Ms. Manisha Mundhe for Plaintiff present and filed registered Notice of Motion no.984/2020 with affidavit in support, t.o.r.  Plaintiff\''s advocate filed draft Chamber Summons with affidavit in support of Chamber Summons.  Leave to register Chamber Summons is granted.  Copy of Chamber Summons is served upon advocate for Defendant nos.1 to 3.  She also filed vakalatnama for applicant in Chamber Summons, t.o.r.
Advocate Mr. Sequeira for Defendant no.1 to 3 present and filed  vakalatnama for Defendant nos.1 to 3, t.o.r.
Case is adjourned to 07/07/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Business: Adj. to 08.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: Adjourned due to Covid-19.
Next Purpose: C/S REPLY
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: None present for Plaintiffs.
Advocate Mr. Sequeira for defendant nos.1 and 2 present and sought time for filing NM and Chamber summons reply.  Plff\''s is directed to file registered Ch/s on next date.
It seems that due to Corona pandemic, plaintiff and  advocate for plaintiff is absent, hence case is adjourned to 30/01/2021 for registered Chamber summons by Plff and for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: None present for plff.
Adv Mr. Sequera for deft Nos.1 and 2 present and mentioned the matter in the morning session.
He seeks adjorument for filing reply to the Ch/s.
Record shows that plff has not tendered the registered Ch/s in teh Court till date.
Matter is in the afternoon session, hence, kept back.
L.O. at 2.30 pm.
None appeared for the plff. Advocate for deft Nos.1 adn  2 had mentioned the matter in the morning and had claimed the adjournment.
As nobody appeared for the plff in the afternoon session also, matter is adjd. for reply of deft to CS to 23.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Mr.Gupta for plff present.
Adv Mr. Ajay Pawar h/f Adv Mr. Sequira for defts present and filed reply to CS No.669/2020.
Matter is adjd. for CS hearing to 21.04.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2021

Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2021

Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv Ms.Gayatri for plff present and seeks adjournment for tendering  Chamber summons.
None present for deft.
Matter is adjd. for tendering ch/s in the Court to 28.10.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv Ms. Naik h/f Adv Khobragade present for plff. and tendered registered Ch/s No.669/2020 along with affidavit in support .
Adv Ms. Arti Sharma h/f Adv Mr. Rahul Thorat present for deft.
Reply to said Ch/s is already filed on 23.02.2021. Adv. for the deft seeks adjournment.
By consent, matter is adjd. for Ch/s hearing to 20.12.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv Mr. Abhijit Naik h/fAdv Mr. Khobragade present for plff.
Adv Mr. Aditya Mody  present for deft..
Heard arguments of both sides in Ch/s No.669/2020.
Contention  raised in the affidavit filed in support of the Chamber Summons about causing of death of plaintiff on 13/12/2019 is supported by copy of death certificate produced with Chamber Summons.
In the reply filed on behalf of defendant Nos.1 and 2, there is no specific denial to the contention that applicants are the only HLRs of deceased plaintiff. Chamber Summons is vehemently opposed by learned advocate for defendants however, having gone through the plaint, this court is satisfied that cause of action is surviving to proceed with the suit after death of the sole plaintiff by the applicants as his HLRs. It does not appeared that there is delay in taking out the Chamber Summons and even if there is delay as mentioned by the applicants, it does not appear that the delay is intentional hence, Chamber Summons deserves to be allowed as prayed. Thus, an order.
                 ORDER
Ch/s No.669/2020 is allowed as prayed.
Amendment as per schedule be carried out within two weeks from today.
After the amendment is carried out, copy of amended plaint be served on the defendants.
                    ----
Matter is adjd. for compliance to 04.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv Mr. Raj Gupta present for plff. and seeks adjournment for service of copies of amended plaint on the deft.
Adv Mr. Sawant present for deft.
By consent, matter is adjd. for service of amended plaint to 27.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: None present for pltff.
Adv.Anjali Mishra for deft. present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 08.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2022

Date: 27-06-2022
Business: None present for pltff.
Adv.Anjali Mishra for deft. present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 08.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv.Abhijeet Naik for plaintiff present.
Adv.Anjali Mishra for deft. present.
On oral request of pltff. matter adjd to 18.10.2022 for service of amended plaint.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2022

Date: 08-08-2022
Business: Adv.Abhijeet Naik for plaintiff present.
Adv.Anjali Mishra for deft. present.
On oral request of pltff. matter adjd to 18.10.2022 for service of amended plaint.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: None present for plaintiff.
Adv.Omkar Sawant for defendant present.
Matter adjd to 16.01.2023 for service of amended plaint.
Judge
LO at 03.50 pm
Adv.Rahul Yadav for plaintiff present.
Matter adjd to 16.01.2023 for service of amended plaint.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2023

Date: 18-10-2022
Business: None present for plaintiff.
Adv.Omkar Sawant for defendant present.
Matter adjd to 16.01.2023 for service of amended plaint.
Judge
LO at 03.50 pm
Adv.Rahul Yadav for plaintiff present.
Matter adjd to 16.01.2023 for service of amended plaint.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv.Gayatri Naik for plaintiff present.
Adv.Omkar Sawant for defendant present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 06.03.2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2023

Date: 16-01-2023
Business: Adv.Gayatri Naik for plaintiff present.
Adv.Omkar Sawant for defendant present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 06.03.2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv.Mr.Raj Gupta h/f.Adv.Khobragade for plaintiff present.
Adv.Ms.Remedious h/f.Adv.Thorat for defendant present. She submits that copy of amended plaint is received. She submits that defendants are not filing additional written statement.
Matter adjd to 13.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. Raj Gupta h/f Adv. Khobaragade  for plaintiff present.
Adv.  Shruti Chavan h/f Adv. Rahul Tiwari for defendants no. 1 and 2 present and submitted that she would file vakalatnama on the next date of hearing.
None for defendants no. 3 and 4
With consent of both sides matter is adjourned to 07-08-2023.
Matter is adjd.to  07-08-2023 for  NM Hrg.             Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. Abhijeet Naik for plaintiff present.
Adv. Shruti Chavan h/f Adv. R. D. Thorat for defendant present.
Matter is adjd.to 25-09-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023

Date: 07-08-2023
Business: Adv. Abhijeet Naik for plaintiff present.
Adv. Shruti Chavan h/f Adv. R. D. Thorat for defendant present.
Matter is adjd.to 25-09-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Adv. Rahul Yadav for plaintiff present
Adv. Thorat for defendant present.
Matter is adjd.to  22-11-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Adv. Aayesh Qureshi for plaintiff present.
Adv. Shruti Chavan for defendants no. 1 to 3 present.
Matter is adjourned to 10-01-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024

Date: 22-11-2023
Business: Adv. Aayesh Qureshi for plaintiff present.
Adv. Shruti Chavan for defendants no. 1 to 3 present.
Matter is adjourned to 10-01-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: None for Plaintiff present.
Adv. Remedios h/f. Adv. R.D. Thorat for defendants No.1 to 3 present and filed vakalatnaka t.o.r. and marked as Exhibit-5 -seen.
None present for defendant No.4.
Matter stands adjourned on 04.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: Advocate Sapna Khobragade for plaintiff present.
Advocate Shruti Chavan h/f Advocate Rahul Thorat for defendants No.1 to 3 present.
None for defendant No.4 present.
Matter stands adjourned on 16.07.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: Adv. Rahul Yadav h/f Adv. Khobragade for plaintiff present.
Adv. Jitendra Patel h/f Adv. R. D. Thorat for defendant No.1, 2 and 3 present.
None presence for defendant No.4.
Despite of sufficient opportunities defendants have not filed written statement and reply. Hence, suit is heard without written statement and reply.
Keep Back.
Later on.
Adv. Sapna Khobragade for plaintiff present.
Adv. Jitendra Patel h/f Adv. R. D. Thorat for defendant No.1, 2 and 3 present.
None presence for defendant No.4.
Matter is kept for Notice of Motion hearing.
Matter stands adjourned on 14/10/2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: Adv. Lubdha h/b Adv. Khobragade for plaintiff present.
Adv. Jitendra Patel h/f Adv. R. D. Thorat for defendant No.1 to 3 present and filed draft Notice of Motion along with affidavit. Leave granted to register it. He also filed written statement. Taken on record.  Copy served upon other side.
None for other defendant present.
Matter stands adjourned on 27/01/2025 for reply, and filing registered Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Adv. Rahul Yadav for plaintiff present.
Adv. Rahul Thorat for defendant no.1 and 2 present and submitted registered Notice of Motion No.6266/24 along with affidavit. Taken on record.
Adv. for plaintiff seeks time for filing reply. O. - Time granted.
Matter stands adjourned on 25.02.2025  for filing NM reply.
Next Purpose: REPLY
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: Adv. Rahul Yadav for plaintiff present.
Adv. R. D. Thorat for defendant No.1 to 3 present.
None for other defendant present.
Keep Back.
Later on.
Adv. Raj Gupta h/f Adv. Khobragade for plaintiff present and filed reply to Notice of Motion No.6266/2024. Taken on record.
Adv. Remedious for defendant No.1 to 3 present.
None for other defendant present.
Adv. for plaintiff seeks time arguing the Notice of Motion. Time granted.
Matter stands adjourned on 25/03/2025 for Notice of Motion arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: Adv. Sapna Khobragade for plaintiff present.
Defendant present his Adv. absent.
Heard, Adv. for plaintiff on Notice of Motion No.6266/2024. She submitted that Notice of Motion No.6266/2024 may be allowed in terms of reply filed on record. She further submitted that Notice of Motion may be allowed by imposing costs. In view of the submissions made by Adv. for plaintiff. Notice of Motion No.6266/2024 is allowed in terms of prayer clause (a) to (d) subject to payment of costs of Rs.1,000/- by defendant No.1 and 2 to the plaintiff. On payment of costs of Rs.1,000/- written statement of defendant No.1 and 2 be taken on record. Parties to take note. Proceeding of Notice of Motion No.6266/2024 in Suit No.144/2019 is closed.
Matter stands adjourned on 19/04/2025 for Notice of Motion arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: None for plaintiff present.
Adv. Anjali Mishra for defendant No.1 to 3 present and submitted that she has complied with the order passed in Notice of Motion No.6266/2024 and paid the costs to plaintiff. On the statement of defendant No.1 to 3 written statement of defendant No.1 and 2 is taken on record and marked as Exhibit-6. O-Read and Record.
None for other defendant present.
Matter stands adjourned on 09/07/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: Adv. Sapna Khobragade for plaintiff present.
Defendant No.2 present his Adv. absent.
None for other defendant present.
Keep Back.
Later on.
Adv. Sapna Khobragade for plaintiff present.
Defendant No.2 present and filed application for adjournment. O-allowed as prayed no adjournment granted in future. Taken on record and marked as Exhibit-7.
Matter stands adjourned on 07/08/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: P.O.is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Adv. Vinit Dhotre h/f Adv. Sapna Khobragade for plaintiff present and prayed for grant of adjournment for hearing on Notice of Motion No.984/2020. Adjournment granted on oral request as a last chance in default Notice of Motion will be put up for order.
Adv. Jitendra Patel for defendant present.
Matter stands adjourned on 07/10/2025 for Notice of Motion hearing/ necessary orders.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Adv. Raj Gupta h/f Ad. Sapna Khobragade for plaintiff present.
Adv. Remedious for defendant present.
Though the matter put up for hearing as a last chance/ necessary orders. The learned Adv. for both side by consent requested time. Allowed with clear understanding if the arguments not submitted on the next date the Notice of Motion will be finally disposed of for want of steps. Parties to take note.
Matter stands adjourned on 17/12/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: Adv. Khobragade for plaintiff present.
Adv. Thorat for defendant present.
Adv. Thorat made a statement that their written statement be treated as reply to NM 984/2020.
Matter stands adjourned on 20.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: Adv. Sapna Khobragade for plaintiff present.
Adv. Jitendra Patel for defendant No.1 to 3 present.
Adv. Pawan Tiwari for defendant No.4 present and filed vakalatnama. O-filed. Taken on record and marked as Exhibit-8.
Matter stands adjourned on 11/02/2026 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Adv. Sapana Khobragade   for plaintiff present.
Adv. Tiwari for defendant no.4 present.
Adv. Remedis for defendant no.1 to 3 present.
Draft NM filed by defendant no.4. O-Leave granted to register it.
Adv. for defendant no.4 filed Affidavit in support of NM.                    O-Filed.
Matter stands adjourned on 15.04.2026 for service
Next Purpose: SERVICE
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: Adv. Raj Gupta for plaintiff present.
Adv. Jitender Patel  for defendant no 1,2 and 3 present.
Adv. Pawan Kumr Tiwari for defendant no.4 present and filed register notice of motion No. 1955/2026 alongwith written statement of defendant no.4 O-NM Kept on record.
Matter adjourned for say on plaintiff on motion and also for hearing on other motion.
Matter stands adjourned on 28.04.2026 for Say and hearing on Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Adv. Sapna Khobragade for plaintiff present.
Adv. Pawan for defendant no. 4 present.
None for other defendant present.
Plaintiffs advocate has undertaken to serve copy of her Notice of Motion on defendant no. 4.
Argument of both the Learned advocate heard on Notice of Motion No. 1955 of 2026.
F.R.S.R. following order is passed in Notice of Motion No.1955/2026.
ORDER
1. Present Notice of Motion No. 1955 of 2026 is made absolute.
2. Delay in filing Written Statement is condoned.
3. The Written Statement filed by defendant No.4 be taken on record.
4. Notice of Motion is disposed of accordingly.
Matter stands adjourned on 04-08-2026 for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: Presiding Officer is on official training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2026

Main Case No: SUIT/0100144/2019
Main Cnr: MHCC010142412018
Main Filing No: 111447

Registration Number: 100984/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 100984/2020
Transfer Date: 22-04-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 102936/2020
Filing Date: 04-03-2020
First Hearing Date: 05th March 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE