Pravin Jayantilal Chauhan and Ors. (Tushar V. Mandanekar - Applicant)VsAminaben Attalulla Khan and ors.

Date: 13-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
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: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
Adjourned for steps and reply.
The matter is adjd for steps and reply to 06.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv. Harsha Shah for D.H present.
The matter is adjd for hearing on Ch/s to .23.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv. Shah for DH present.
Ld. counsel for DH seeks time for hearing on N/M.  Granted.
The matter is adjd for N/M hearing to 11.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Shah along with Adv. Apurva Pawar for DH present.
Adv. Tasmin Bora for applicants in Ch/sum no.481/19 present.
None present on behalf of applicant in N/M no.1083/20.
Put N/M no.1083/20 for dismissal.
The Ch/sum no.481/19 was filed for stay of attachment warrant dated 04.10.2018 by the applicants who are original deft. nos.4 to 8.  It appears that judgment and decree dated 19.11.2017 in the suit was set aside qua these defendants. Ld. Counsel for applicants submitted that she will make submission on next date in respect of  prosecution of Ch/sum no.481/19.
The matter is adjd for dismissal of N/M no.1083/20 to 31.03.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for dismissal of N/M to 04.05.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: Due to Covid-19, matter is adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: P.O is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. R.R. Tiwari for applicant is present.
None for DH and JD.
Last chance for hearing.
Matter adjd for CH/S and NM hearing on 18.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per Order No.213 of 2021 dated 12.10.2021 hereby declared holiday on 18.10.2021.  Matter is adjd to 27.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 22/02/2022 for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Applicant Tushar Mandanekar in NM No. 1083/20 present.
None appeared for DH and JD.
Matter is adjd to 30/03/2022 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. R. R. Tiwari for obstructionist present.
Matter is adjd to 21/06/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Harsha Shah for plaintiff is present.
Adv. Tasmin for defendant is present.
The Ld. Adv.for the plaintiff has tendered original registered CH/S No. 531/22 supported by affidavit. T.O.R.
Copy supplied to other side.
Matter adjd to 11.08.2022 for CH/s reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Kajal Gupta for plaintiff is present.
Adv.Tasmin Bohra for defendant nos. 4 to 8 is present.
Applicant Tushar Mandanekar is present.
On oral request of applicant matter adjourned for hearing on Ch/S.
Matter adjd to 30.08.2022 for CH/S hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Divya Tekwani for plaintiff is present and tendered draft CH/S a/w affidavit in support of it. O- Leave granted to register.
None present for defendant.
Matter adjd to 28.09.2022 for CH/s reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Kajal Gupta for plaintiff is present and tendered original registered CH/S No. 1367/22 a/w affidavit in support of it. T.O.R.
None present for defendant.
Matter adjd to 09.11.2022 for CH/S reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv. Kajal Gupta for plaintiff is present.
Adv. Tasreem Vohra for defendant  no.s 4 to 8 is present.
Heard both the sides.
                  Order below CH/S NO. 531/22
Perused the chamber summons and  heard both the ld. Advocates. The chamber summons is taken out by the plaintiff for deleting the name of plaintiff no. 4 who died on 03.10.2019 during pending of proceeding. It is contended that already her legal representative are on record. The defendant ask to pass suitable order.
It is contended that the legal representative of deceased plaintiff no. 4 Vijaya Jayantilal Chavan are already on record. The chamber summons is only taken out for deleting her name from array of plaintiff. Hence, considering the submissions Chamber Summons No. 531/22 stands allowed and made absolute in terms of prayer clause (a) and (b).
The plaintiff to carry out amendment with in 14 days.
Chamber summons stands disposed of accordingly.
                    Order below CH/S NO. 1367/22
Perused the chamber summons and  heard both the ld. Advocates. The chamber summons is taken out by the plaintiff for deleting the name of defendant no. 6  from the array of clause title and to bring legal heir/ Legal Representative on record.
It is contended that defendant no. 6 Noor Aattaullha Khan died on 17.10.2021 during pendency of proceeding. Proposed defendant nos. 6(a) and 6(b) are only legal heirs / legal representatives of the deceased. Hence, they being necessary parties needs to be brought on record.
The defendant ask to pass suitable order.
It reveals that defendant no. 6 died on 17.10.2021 leaving behind proposed defendant nos. 6(a) and 6(b) as only legal heir/legal representatives. The right to sue and be sued survive in their favour. Hence, considering the submissions Chamber Summons No. 1367/2022 stands allowed and made absolute in terms of prayer clause (a).
The plaintiff to carry out amendment within 14 days.
Chamber summons stands disposed of accordingly.
  Matter adjd to 24.11.2022 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Adv. Sharadha Ghag for plaintiff is present.
Adv. Tasneem Vohra for defendant nos. 4 to 8 is present.
KB LO at 3.55 p.m.
The Ld.Adv.for plaintiff has filed pursis thereby submitted that the plaintiff has challenged the order dtd. 12.04.2019 before the Hon\''ble High Court vide Appeal No. 848/19. It reveals that till date no stay has been granted by the Hon\''ble High Court to the present proceeding. Hence, parties are directed to bring appropriate order from the Hon\''ble High Court, else proceed with the matter.
Matter adjd to 22.02.2023 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Shweta Singh for plaintiff is present.
Adv. Duraiya Retiwala for defendants no. 4 to 8 is present and filed V/P of defendants no.6(a) and 6(b) t.o.r marked at Exh.9.
Matter adjd to 05.06.2023 for hearing on CH/S No. 481/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv.  Harsha Shah for plaintiff present.
Adv. Anuja Lokat for defendant present.
Matter stands adjourned on 04.07.2023 for CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: Adv. Makhwana for DH is present.
None present for JD.
Matter adjd to 02.08.2023 for CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Harsha Shah for DH present.
None for JD when called.
Heard arguments of adv. Harsha Shah for DH.
   Order below Chamber summons No. 1022/2023
The plaintiff has taken out present chamber summons to bring LRs of deceased defendant no. 9 on record. It is contended that during pendency of the suit the defendant no. 9 died on 25.01.2023 which came to the knowledge of the plaintiff from the paper publication published in Gujarati Newspaper Gujarat Samachar. Inspite of giving opportunity to defendants, they failed to file reply. Today also, none present for defendants when called. As the right to sue and to be sued survived in favour of legal representatives of deceased defendant no. 9, hence, they being necessary party needs to be joined to the suit and execution proceeding. Hence, following order
ORDER
1. The Chamber Summons No. 1022 of 2023 stands allowed and made absolute in terms of prayer clause (a).
2. Plaintiff to carryout amendment within 14 days.
3. Plaintiff to file copy of amended plaint on record and supply to other side.
4. After carrying out amendment, writ of summons be issued to newly added defendants.
5. Presence of plaintiff is dispensed for carrying out  amendment.
6. The Chamber summons No. 1022 of 2023 stands disposed of accordingly.
Matter adjd to 17/08/2023 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Adv. Shah for DH is present.
None present for defendant.
K.B.
Later on at 5.30 P.M.
Amendment is carried out.
Matter adjd to 11.09.2023 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Adv. Shweta Singh for plaintiff is present.
Adv. Retiwala for defendant no. 2 to 8 is present.
Applicant of the obstructionist is present.
The applicant is directed to serve copy of NM to the plaintiff before next date in advance, else appropriate order will be passed. Notice of motion and chamber summons to be heard.
Matter adjd to 10.10.2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Adv. Kavita Mugse for D/H and in suit for plaintiff is present.
Adv. Retiwala for J/D and in suit for defendant nos. 4 to 8 is present.
Matter adjd to 29-11-2023 for arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Adv. Harsha Shah for DH is present.
Adv. R. R. Tiwari for applicant in NM No. 1083/20 is present.
Adv. Duraiya S. Retiwala for applicant in Chs no. 481/19 is present.
Matter adjd to 12.01.2024 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: P.O is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Adv. Harsha Shah for plaintiff/DH is present.
Power of attorney defendant no. 4 and 8 and defendant no. 7 is present and seek time. O- Time granted as last chance.
Matter adjd to 12.02.2024 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Adv. Harsha Shah for DH is present.
None present for JD.
Sufficient time is granted to defendant to work out chamber summons no. 481/2019 and notice of motion no. 1083/2020. Today also applicant in chamber summons and applicant in NM are absent. Hence, chs no. 481/2019 and NM No. 1083/2020 are kept for dismissal order.
Matter adjd to 16.03.2024 for NM and Ch/s for dismissal order.
L. O at 3.45 p.m
Adv. Tasneem Vohra  h/f Daraiya Retiwala JD no. 4 to 8 is present.
Matter already adjd to 16.03.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Adv. Kavita Mungase h/f Harsha Shah for plaintiff is present. Applicant in Ch/s No.481 of 2019 and applicant in NM No.1083 of 2020 absent. His advocate absent. Sufficient time granted to work out Ch/s. and NM. Today Ch/s and NM are posted for dismissal order from the roznama it is seen that applicant is not interested to proceed with Ch/s and NM, hence Ch/s No.481 of 2019 and NM No.1083 of 2020 stands dismiss for default. No order is cost.
None for defendant no.4 to 8.
Matter adjd to 15.04.2024 for hearing.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-03-2024

Main Case No: EXECUTION APPLN/0100113/2018
Main Cnr: MHCC010056592018
Main Filing No: -

Filing Number: 102334/2020
Filing Date: 12-03-2020
First Hearing Date: 13th March 2020
Decision Date: 16th March 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE