Smt Syed B. Syeda Begum through C. A. Mohammed Zuber ShahVsFatima Shakil Zuberi Kazi

Date: 05-04-2019
Business: By preicpe
Adv. Priyanshu Mishra for plff. present and has filed registered N/M No.1297/19 along with supporting affd. t.o.r
Adv. Shaikh Shafi Ahmed for deft. present and has filed registered N/M No.1367/19 along with supporting affd. t.o.r
Matter is adjd. to. 15.04.2019 for hearing on N/M No.1297/19 taken out by plff. and N/M No.1367/19 taken out by deft.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Adv. for pltff present.
Adv. for deft present.
Matter is adjd. to. 20.04.2019 for hearing on N.M. 1367/19 and N.M.1297/19.
As the plff. is Sr. citizen, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9.
Parties to remain present on next date before C.R.No.09.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Advocate Mr. Mishra for Plaintiff present
Advocate Ms. Heena h/f Adv. Shafi Shaikh for Defendant present
Head Plaintiff advocate about NM.  He has referred copies of the papers annexed to NM.  On perusal of those copies it is noticed by the Court that the copies of the papers annexed to NM are the correspondence made by Plaintiff with various police authorities and those papers are related to the information received by Plaintiff under RTI Act.  Further, papers with NM include the copy of statement recorded by police u/s 161 of CrPC and copies of FRI.  On perusal of those documents court made it clear that those documents are not sufficient to show Plaintiff\''s possession or title over suit property, hence Plaintiff\''s advocate referred copies of documents annexed to the plaint.  Those documents include copy of P.R. Card of CTS no.248 and copy of sanad of CTS No.248.  Further, receipt for registration of certain document issued by Sub Registrar office is also filed on record and argued that in 1982 Plaintiff has submitted conveyance deed of suit property for its registration.  Plaintiff\''s advocate fairly admitted that copy of said conveyance deed is not before the Court.  On the strength of documents filed with plaint and NM Plaintiff\''s advocate submitted that injunction as prayed by Plaintiff should be granted.
Advocate for Defendant submitted that advocate Mr. Shaffi Shaikh will argue NM on next date.  Considering submissions adjourned
Case is adjourned to 30/04/2019 for arguments by advocate for Defendant
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: CA of Plaintiff present and submitted that he is intending to file additional affidavit of Plaintiff for submission of compilation of documents.  O-Plffs advocate to satisfy as to how such additional affidavit can be filed without list of documents and whether documents referred in affidavit are pleaded or not pleaded in the plaint.
Defendant present. Her advocate absent.
L.O.
Advocate P. S. Mishra for Plaintiff present and submitted that he has referred in the plaint, the documents which are referred in additional affidavit to be filed in support of NM.  Plaintiffs advocate further submitted that Defendant may be permitted to file additional reply in respect of those documents.  Considering submission additional affidavit in support of NM is t.o.r.  Copy is served upon Defendants advocate.
Advocate S. A. Shaikh for Defendant present
Case is adjourned to 19/11/2019 for additional reply by Defendant\''s advocate.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Advocate Mr. P. S. Mishra for Plaintiffs present and made submissions for NM.No.1297/2019, that time Court has pointed out that plaintiff is claiming ownership of all 594.75 sq. meters  i.e. suit property, however said total property as per plaintiffs case was purchased by plaintiff\''s husband and five other persons, hence, plaintiff cannot become owner of all suit property and will have to restrict her claim to her husband\''s share only. Thereupon, plaintiffs advocate submitted that plaintiff will take necessary steps for amendment. It is noticed that initially in plaint, name of plaintiffs C.A. was shown as plaintiff. However, amendment was carried out in the plaint and plaintiff\''s name is shown as Saida Bi alias Syedea Begum. As such as per the provisions of CPC it becomes clear that plaintiffs complete name her age and address are the aspects which are necessary to be pleaded in the plaint therefore if at all Plaintiff will take out any ch/s in future Plaintiff should consider the observations made by the court today.
Advocate Mr. S. A. Shaikh for Defendant present
Case is adjourned to 11/02/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/03/2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv Mr .Priyanshu Mishra for plff present.
None present for the deft.
Deft failed to file reply to the Ch/s No.722/2020 despite granting sufficient opportunities hence, right of deft to file reply to said Ch/s is forfeited.
Heard ld. Advocate for the plff in Ch/s No.722/2020.
Matter is adjd. for ch/s hearing to 30.03.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. Mishra for plaintiff present
None present for defendant to argue CS No.722 of 2020.
Considering the present pandemic Condition, matter adjourned at same stage till next date.
Adjourned for argument of CS to 12.04.2021.
                                                   Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None present for plff.
Adv Mr. Babu Singh h/f Adv Mr. Shaikh  for deft present and seeks time to advance argument in Ch/s No.722/2020.
As nobody is present for the plff, time till  next date is granted.
Matter is adjd. for Ch/s hearing to 22.11.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: None present for plff.
Son of deft present.
As nobody is present for plff, and as court is busy in other matters,
Matter is adjd. for Ch/s hearing to 27.01.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: None present for both parties.
Argument of advocate for the plff is already heard in Ch/s No.722/2020 on 12.03.2022.
As nobody appeared for the defts, Ch/s No.722/2020 be kept for order.
Matter is adjd. for Ch/s order to 21.04.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: None present for plff.
Adv Mr. Fakruddin Khan h/f Adv Mr. Shaikh present for deft. and seeks time to argue Ch/s No. 722/2020.
As per the roznama of previous date, said Ch/s is kept today for order as nobody had appeared for deft on previous date to advance argument however, since the adv for deft is present today, liberty is granted to advance argument. Thus matter is adjd. for argument of deft in Ch/s No.722/2020 to 22.06.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: None present.
keep Ch/s. for Order.
Matter adjd to 04.10.2022 for Ch/s. Order.
Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv.Priyanshu Mishra for plaintiff present. He filed draft chamber summons a/w. Affidavit in support. O-Leave granted to register draft chamber summons.
KB
LO at 04.10 pm
Adv.Priyanshu Mishra for plaintiff present.
Adv.Shafi Shaikh for defendant present.
Defendant received copy of chamber summons.
Matter adjd to 09.12.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Defendant present.
Adv.Lavkush Tiwari h/f.Adv.Priyanshu Mishra for plaintiff present.
Adv.Shafi Shaikh for defendant present.
Plaintiff tendered registered chamber summons No.1826/22 a/w. affidavit t.o.r.
The Adv.for the deft. requested time, hence, adjourned.
Matter adj. to 23.02.2023 for ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Priyanshu Mishra for plaintiff present.
Defendant in person present.
Last chance is granted to defendant to reply in C/S.
Matter adjd to 01-04-2023 for reply in C/S.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv.Sagar Batavia for plaintiff present.
Adv.Shafi Shaikh for defendant present.
The Adv.for the defendant requested for time to file reply. Read the last roznama. Last chance was granted. Adjournment rejected. Chamber summons No.1826/22 to proceed without reply.
Matter adjd to 22.06.2023 for ch/s. hearing.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023

Date: 01-04-2023
Business: Adv.Sagar Batavia for plaintiff present.
Adv.Shafi Shaikh for defendant present.
The Adv.for the defendant requested for time to file reply. Read the last roznama. Last chance was granted. Adjournment rejected. Chamber summons No.1826/22 to proceed without reply.
Matter adjd to 22.06.2023 for ch/s. hearing.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: None present for plaintiff.
Adv. S.A. Shaikh for defendant present.
Matter is adjd.to   13-07-2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv. Mishra for plaintiff present.
Adv. Shafi Shaikh for defendant present and filed draft NM with supporting affidavit t.o.r. - O- Leave is granted to register the draft NM.
Order on draft NM-
This is NM taken out by plaintiff seeking to set aside no reply order dtd. 01-04-2023 passed by this Court. The plaintiffs counsel filed say on this draft NM claiming that the NM may be allowed subject to imposition of costs. Considering the matter I deem it just and appropriate to allow the NM subject to payment of cost of Rs. 500/- payable to the plaintiff. The draft NM stands accordingly allowed and disposed of. The draft NM be registered for statistical purposes.
The Ld. Counsel of the plaintiff received the cost of Rs. 500/- for the plaintiff.
The reply filed by the defendant the C/S No. 1826/22 t.o.r. marked as Exh.5
Matter is adjd.to 01-08-2023 for C/S Hrg.
Next Purpose: HEARING
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: None for plaintiff.
Adv. Shafi Shaikh for defendant present.
Matter is adjd.to 25-08-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Plaintiff present.
Defendant present.
Adv. for both side absent.
Matter is adjd.to   14-09-2023 for Chs. Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Matter adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Matter adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: I
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Next Purpose: ORDER
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Matter adjourned to
Next Purpose: ORDER
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: I
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: I
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Adv. Mishra for plaintiff present.
Adv. Fehmida Ahmed h/f. Adv. M. B. Shirsal for defendant present.
Ld. Counsel for the Plaintiff has not pressed this Notice of motion and prayed for its disposal as per the provisions of law. When the plaintiff herself is not willing to continue with the Notice of motion filed by her, I think no reason to continue with it. In the result following order is passed.
Order
Notice of Motion  No. 1297 of 2019 is hereby accordingly disposed of as not pressed.
Nature Of Disposal: OTHER
Disposal Date: 29-06-2024

Main Case No: SUIT/0101631/2018
Main Cnr: MHCC010072592018
Main Filing No: 111447

Registration Number: 101297/2019
Transfer Date: 15-04-2019
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101297/2019
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: 103462/2019
Filing Date: 25-03-2019
First Hearing Date: 05th April 2019
Decision Date: 29th June 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE