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
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: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Reason For Adjournment: court time is over
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: NOTICE OF MOTION
Next Hearing Date: 30-03-2021
Date: 30-03-2021
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
Date: 21-02-2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-02-2026
Date: 23-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Plaintiff in person present.
Adv. Akhlaque Solkar h/f Adv. Ahmed Khan for defendant present.
Kept Back.
Later on at 01.20 pm
Adv. Priyanshu Mishra alongwith plaintiff present.
Adv. Akhlaque Solkar h/f Adv. Ahmed Khan alongwith defendant present and tendered draft notice of motion alongwith affidavit in support. O- Leave is granted to register Notice of Motion.
Reply filed by advocate for plaintiff on draft notice of motion overleaf.
Order passed in draft notice of motion
1. Advocate for defendant has filed this draft notice of motion for resotration of NM No. 1367/2019 which was filed for setting aside without Written Statement order passed against defendant on 07/12/2018. It is the contention of defendant that they had taken out notice of motion no. 1367/2019 which was shown to have been disposed of in the roznama dated 14/09/2023, but in fact there was no order passed in the said notice of motion. He submitted that on 13/07/2023 the draft notice of motion filed by defendant for filing reply to notice of motion taken out by plaintiff was came to be allowed subject to costs of Rs. 500/- which was paid by defendant on that day itself. But notice of motion no. 1367/2019 was not heard or no order was passed by the Court. He submitted that said notice of motion was wrongly shown as disposed of and prayed to restore the same.
2. The Ld. Advocate for plaintiff filed reply overleaf the draft notice of motion and opposed the same on the ground of delay and submitted that heavy costs be imposed.
3. Heard both the sides. Perused record. It is matter of record that on 13/07/2023 defendant tendered draft notice of motion for setting aside noreply order dated 01/04/2023 passed in Chamber summons no. 1826/2022 taken out by plaintiff and on the same day said draft notice of motion was allowed subject to costs of Rs.500/-. Record further shows that on 13/07/2023 defendant paid the costs to plaintiff and reply was taken on record. Record further shows that when the matter was posted on 14/09/2023 for arguments on Chamber Summons, mistakenly notice of motion no. 1367/2019 shown to have been disposed of vide order dated 13/07/2023 and the same was removed from CIS. IN fact on 13/07/2023 there was no order passed in Notice of motion no. 1367/2019 and therefore the said mistake needs to be rectified. Hence, I pass the following order:
ORDER
1. Draft notice of motion is hereby allowed.
2. Notice of motion no. 1367/2019 is restored.
3. In the facts and circumstances of the case, no orders as to costs.
4. Draft notice of motion be registered for statistical purpose.
5. Draft notice of motion is disposed of accordingly.
Order passed in NM no. 1367/2019
1. Defendant has filed this Notice of Motion for setting aside without written statement order and for condoning the delay in filing the written statement. It is the contention of defendant that writ of summons was served on 04/06/2018 and there was order passed by the Court rejecting the notice of motion taken out by the plaintiff for injunction. Thereafter there were proceeding taken before the Hon’ble HighCourt and in this Court and defendant could not instruct his advocate to draft written statement and file the same on record. It is contention of defendant that valuable rights of the parties are involved in the litigation and if the permission will not be granted to file written statement on record by setting aside without writtenstatement order it will cause grave prejudice to defendant. On the other hand no prejudice would cause to plaintiff if the written statement will be taken on record. Hence, prayed to setaside without written statement order and to take on record written statement.
2. Ld. Advocate for plaintiff strongly opposed the notice of motion and submitted that there is no legal or bonafide ground mentioned for not filing the written statement on record within time. The defendant was well aware that the written statement was required to be filed within stipulated period, but inspite of it failed to file written statement on record within time. He submitted that the notice of motion taken out by defendant is misconceived and needs to be rejected with heavy costs.
3. Heard both the sides. Perused record. Defendant was served with writ of summons on 04/06/2018 and put appearance in the Court. But as the defendant failed to file written statement within time and therefore, the court was constrained to proceed the suit without written statement of defendant by order dated 07/12/2018. It is after passing the said order, defendant has taken out this notice of motion on 18/02/2019. There is much delay in filing the written statement on record. To decide the dispute between the parties on merit, an opportunity needs tobe given to defendant to defend the suit. Admittedly there is delay in filing the written statement on record, but the suit is in respect of immovable property, wherein valuable rights are involved. The delay caused in filing the written statement, plaintiff can be compensated by imposing costs on the defendant. Hence, in the interest of justice, I am of the considered opinion that the notice of motion filed by defendant needs tobe allowed. Hence, i pass the following order:
ORDER
1. Notice of motion no. 1367/2019 is hereby allowed subject to payment of costs of Rs.5,000/- to the plaintiff.
2. After payment of costs, the written statement filed be taken on record.
3. Notice of motion no. 1367/2019 is disposed of accordingly.
In view of the compliance, Written statement is taken on record and marked as Exh.11. Copy of Written Statement supplied to Ld. Advocate for plaintiff.
Matter is adjourned to 09.04.2026 for draft issues by defendant.
Later on at 02.45 pm
Adv. for defendant no. 1 tendered registered notice of motion No. 1078/2026 alongwith affidavit in support. It is already disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 23-02-2026
