Saima Kausar Kalim ShaikhVsVahida Shaukatali Shaikh +4 more

Date: 15-12-2018
Business: By precipe.
Adv. Mr. Sawant for the Plaintiff present.
Adv. Mr. M. M. Shetty for Defendant nos. 1 to 3 present and he undertakes to file Vakalatnama on next date.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for restraining the defendants temporarily from creating third party interest over the suit premises alongwith other reliefs.  t.o.r. Leave granted to register.
Already tendered Vakalatnama of the plff.
Already tendered memorandum of address of the plff.
List of the documents tendered by defendant nos. 1 to 3. t.o.r.
Heard Ld adv for the plff and Ld adv for deft nos., 1 to 3. It appears that the plff has not filed any documentary evidence to establish ownership rights of husband of the plff except electricity bills of the month of December 2015, July 2017, January 2018. Besides it is urged by Ld adv for defts no. 1 to 3 that electricity bills were earlier in the name of deft no. 3 and he has produced the same on record. The said electricity bills are of the year 2007, 2008 and 2018. Thus, on the basis of electricity bills right, title and interest of the plff in the suit premises, prima facie has not been established . Therefore the plff is not entitled for ad-interim relief in respect of the suit premises. Hence ad-interim relief is rejected.
Defendant nos. 1 to 3 are ready to furnish documents in respect of transfer of the suit premises on 2.02.2018.
Defendant nos. 1 to waive service of writ of summons.
Matter is adjd. to 18.01.2019 for reply to N/M by defendant nos. 1 to 3/ W.S by deft nos. 1 to 3/ proof of service of writ of summons of the deft  nos. 4 and 5
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Adv. Ms. Sunita Sawant for the Plaintiff present.
Adv. Mr. Shetty for Defendant nos 1 to 3 present and he undertakes to file Vakalatnama on next date.
Death certificate of deft no. 1 tendered by the defts . t.o.r.
Adv for the plff seeks extension of time to register N/M. Granted as a last chance.
Matter is adjd. to 27.03.2019 for passing no W.S order against deft nos. 1 to 3/ reply to N/M by deft no. 1 to 3/ passing dismissal order against the plff for want of steps of deft no. 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Mentioned by pracipe. NOB. TOB
Adv. M. V. Sawant for plaintiff seeks time for service of writ of summons.  Short service is granted.
Adjd for report to 27.03.2019.
Next Purpose: REPORT
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: CONSENT TERM
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Resumed.
Adv. M. V. Sawant with plaintiff and Adv. M. M. Shetty for defendant no. 2 and 3 are present.
Exh. 6 - Vakalatnama of Adv. M. M. Shetty for defendant nos. 2 and 3. O- Seen and filed.
Exh. 7 - Report of service of writ of summons.  Def. Nos. 4 and 5 unserved.
Adv. Sawant tendered registered NM No. 559/2019 with affidavit.
Exh. 8 - Consent terms.
Order on consent terms.
The plaintiff and defendant nos. 2 and 3 are present before the Court today.  They are respectively identified by Adv. M. V. Sawant and Adv. M. M. Shetty.  They admit the truthfulness of the contents of this pursis and execution thereof.  Hence verified, read and recorded.
Order on Exh. 1
In view of the consent terms Exh. 8 the suit is dismissed against the defendant nos. 4 and 5 as withdrawn unconditionally.  The suit is already abated against the defendant no. 1 who died on 10.01.2019 and whose heirs i.e. defendant nos. 2 and 3 are already on record.  In view of the consent terms Exh. 8 the suit is disposed of as compromised.
2.   No order as to costs.
3.  Decree be drawn up accordingly in terms of consent terms.
4.   Court fee be refunded to the plaintiff as per rules.
Order on NM No. 559/2019
In view of compromise of the suit the NM No. 559/2019 is dismissed.
Nature Of Disposal: COMPROMISE
Disposal Date: 28-03-2019

NOTICE OF MOTION/100559/2019

Filing Number: 103236/2018
Filing Date: 26-02-2018
First Hearing Date: 15th December 2018
Decision Date: 28th March 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE