Waris Ali Mohd ShamimVsMohammed Shamim Mohd Yasin

Date: 07-10-2020
Business: Adv Nuzhat Ansari for plff present.
Adv Hardik Desai @ P. D. Gandhi for deft present.
He filed reply to 1317/2020. t.o.r. Copy served to other side.
Heard both parties on NM.
It appears that plff and his brother Sonu @ Danish are in possession of suit premises.  However contention of Adv for deft is that plff is in unlawful and permissive occupation of suit premises as deft terminated / revoked use of suit premises by plff.  This shows that plff is in settled possession of suit premises.  Hence till next date Ad-interim relief in terms of prayer clause (a) of NM is granted.
Matter stands Adj for NM order to 14/10/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Adv.Nuzhat Ansari   for plaintiff present.
Adv.Veer Kankariya for the defendant present.
FRSR following Order passed.
ORDER
1. NM No. 1317/2020 is allowed and made absolute in terms of prayer clause (a).
2. Defendant is restrained from disturbing possession of the plaintiff in suit shop till decision of the suit.
3. Notice of motion is disposed of.
4. Authenticated copy be given to advocate for plaintiff.
Adjd to 12.11.2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: By Precipee
Adv Nuzhat Ansari for plff present.
Adv Abdul Manan Ansari for proposed defts present.
Exh 03 - He filed VP. t.o.r.
He tendered draft CS to add proposed defts as party to the suit.  Leave granted to register CS.
Adv for plff given no objection to allow draft CS.
Heard both parties.
Proposed defts are legal heirs of sister of the deft.
Adv for plff tendered register CS 607/2020. t.o.r.
Hence, F. R. S. R. following order is passed -
ORDER
1. Chamber summons no. 607/2020 is made absolute in terms of prayer clause (a).
2. Plaintiff to amend the plaint and serve copy of amended plaint on proposed defendants.
3. Chamber summons no. 607/2020 is disposed of.
Matter already Adj for Written Statement to 12/11/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Adv Nuzhat Ansari for plff present.
Abdul Mannan Ansari for deft no. 2 to 6 present.
Matter stands Adj for WS to 15/12/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv Nashida for plff present.
Adv Ansari for deft no. 2 present.
Matter stands Adj for Written Statement to 20/02/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Both parties and their adv are absent.
Deft no. 2 to 6 fail to filed their Written Statement. Hence they are proceeded without Written Statement.
Matter stands Adj for Evidence of plff to 05.04.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Plff and his Adv absent.
Case is already proceeded without written statement of deft no. 2 to 6.
Matter stands Adj for Evidence of plff to 11/10/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Rupali Gond for plff present.
She seeks time to file evidence of plff.  Granted.
Adv Yashashwi Panchal for deft no. 1 present.
Deft no. 1 also failed to file written statement.  But the suit is not proceeded without written statement.  Hence today suit is proceeded without written statement of deft no. 1.
Matter stands Adj for Evidence of plff to 11/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Adv. Rupali Gond for plaintiff present.
Adv. Yashvi Panchal for defendant no.1 present .
Exh 04. Adv. for plaintiff filed affidavit of examination in chief of PW 1 (plaintiff no.1) .TOR.
Exh . 05. She also filed document along with list .TOR. Copy be served on defendant.
Adv. for defendant no.1 filed application for withdrawal of appearance on behalf of defendant no.1. TOR . application is supported by sealed envelop sent to the defendant no.1 which is returned back. She also submitted that defendant no.1 taken away case paper from the office of advocate. Hence application is allowed.
As per Office Order No.\''07 of 2022\'', only urgent matter is to be taken up for hearing, hence this matter is adjourned to 17.03.2022 for  admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv Roshan Ansari for plff present.
She seeks time to serve copy of Exh. 04 and 05 on defts through RPAD.  Granted.
Matter stands Adj for Affidavit of Service and Admission and Denial to 08/06/2022.
LO 11.50 am
Adv Tejas Shah appeared for deft no. 1.
Exh 06 - He filed VP for deft no. 1. t.o.r.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: By Precipe.
Adv. Hardik Desai for defendant no. 1 present. He tendered draft n/m.  Leave granted to register it.  He is directed to serve any more other side.
Already adjd to 08/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. Rupali Gound for plaintiff present.
Adv. Hardik Desai for defendant No.1 present.
Adv. Abdul Ansari for defendant No.2 to 5 present.
He tendered registered Notice of motion 1945/2022.
Adv. for plaintiff seeks time for filing reply.Time granted.
Matter is adj. for filing reply to 11/07/2022.
Next Purpose: REPLY
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Ms. Rupuali Gond for plaintiff present and filed reply to NM  No. 1945/2022. Copy served on other side.
Adv. Mr. Hardik Desai for defendant no. 1 present.
Defendant no. 2 to 5 absent.
No reply field by defendant no. 2 to 5. NM to proceed without their reply.
Matter is adjd for NM hearing to 19-08-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: (NOB TOB  for placing the matter before National Lok-Adalat will be held on 13/08/2022.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 13/08/2022 at 10.00 a.m.
Issue notice to both parties to remain present before Naional-Lok-Adalat.
Matter is adj. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertains to C.R.No.2.
None present.
Matter adjd to 07.11.2022.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. Rupali Gond for plaintiff present.
Adv. Hardik Desai  for defendant no. 1 present.
Heard both advocate. This n/m no. 1945/2022 is taken out by defendant no. 1 along with WS requesting to set aside no WS order. Affidavit in support of n/m is also filed on record .  It is stated that due to pandemic of Covid-19 and miscommunication with advocate delay is caused for filling WS. Considering the reasons stated in the n/m and the nature of dispute between the parties it is a just necessary to give one opportunity to defendant to put up his defence statement.  Hence following order is passed to meet both the ends of Justice:-
Order -
1) No Written Statement order dated 11/10/2021 is hereby set aside and defendant no. 1 is permitted to file Written Statement on record subject to costs of Rs. 1000/- to be paid to plaintiff within 14 days from today.
2) Notice of Motion No. 1945 of 2022 is allowed in the above terms.
Parties are directed to give CTS number of suit property.
Matter is adjd for compliance to 12/12/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Mariyam Ansari for plaintiff present.
Adv.  P. G. Chudasana for defendant no. 1 present.
Cost amount paid to plaintiff. WS taken on record and marked at Exh 7.
Matter is adjd for draft issue to 03/03/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv.   Mariyam Ansari for plaintiff present.
Adv. Maaz h/f Hardik Desai for defendant no. 1 present.
Matter adjourned for R/E to 28/06/2023 on the request of advocates.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: Adv. Ms. Archana Ghade for plaintiff present.
Adv. Mr. Hardik Desai for defendant present.
Matter adjourned for draft issues on 24.07.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: (NOB-TOB  for placing the matter before National Lok-Adalat will be held on 09/09/2023.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the matter. Both parties are directed to remain present before National Lok-Adalat to be held on 09.09.2023 at 10.00 a.m.
Issue notice to both parties to remain present before National-Lok-Adalat.
Matter is adj. to 09/09/2023 for National Lok-Adalat.
Matter is already adjourned for draft issues on 27.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Plaintiff a/w Adv. Archana Gatte is present.
None present for defendant.
Matter is not settled.
Case is adjourned to 05/12/2023.
Next Purpose: FOR___________________
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Advocate Ms. Archana Ghate for plaintiff present.
Advocate Ms. Shafiya Shaikh appears for defendant no. 1 and filed vakalatnama taken on record and marked as Exhibit-8.
She also filed application on behalf of defendant to take action u/S. 340 of Cr.P.C.. Taken on record and amrked as Exhibit-9. O- Copy be served on other side.
Matter adjourned for Service and draft issues on 07.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Advocate Ms. Mariyam Ansari for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for draft issues on 30.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Advocate Ms. Archana Gatte for plaintiff present and she tendered draft issues. Copy served to other side.
Advocate Ms. Safiya Shaikh for defendant present.
Matter adjourned for draft issues / Reply on 05.07.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Advocate Ms. Rupali Gond for plaintiff present.
Advocate Ms. Safiya for defendant present.
Matter is adjourned for draft issues on 03.10.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: Advocate Rachana Mahale for defendant no. 1 present.
Plaintiff and advocate absent.
Parties are directed to submit draft issues
Matter is adjourned for draft issues on 17.12.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: Advocate Shafiya Shaikh for defendant present.
Plaintiff present.
Matter is adjourned for Reply to Exhibit-9 on 26.02.2025.
Next Purpose: REPLY
Next Hearing Date: 26-02-2025

Date: 26-02-2025
Business: Holiday declared on 26.02.2025 on account of Mahashivratri, hence matter is adjourned to 27.02.2025.
Next Purpose: REPLY
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: Advocate Nuzhat Ansari for plaintiff present and tendered registered NM 4583/2024.
Plaintiff filed reply to Exhibit-9.
Advpcate Rachana Mahale h.f. Moin Khan for defendant present and filed reply to NM 4583/2024.
Matter is adjourned for hearing on Exhibit-9 on 30.04.2025.
Next Purpose: HEARING
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Advocate Nuzhat Ansari for plaintiff present.
Advocate Shafiya Shaikh for defendant present and file written notes of arguments.
Matter is adjourned for NM hearing on 13.08.2025.
Next Purpose: HEARING
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: P.O IS ON LEAVE
Next Purpose: HEARING
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: Advocate Meesam Khan for plaintiff is present.
Advocate Rachana Mahale h.f. Advocate Moin Khan for defendant is present. She submitted that they wish to file application for rejection of plaint. She sought time for the same. Hence matter is adjourned for hearing on N/M no. 4583/2024.
Matter adjourned to 06.11.2025 for hearing on Exhibit-9 and N/M hearing.
Next Purpose: HEARING
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: P.O IS ON LEAVE
Next Purpose: HEARING
Next Hearing Date: 15-01-2026

Date: 15-01-2026
Business: On account of Polling Day, holiday declared on 15.01.2026. Matter is adjourned to 07.03.2026.
Next Purpose: HEARING
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: None present for the parties.
Kept back
Later on at 4.15 P.M.
None present for plaintiff.
Advocate Ms. Misha h.f Advocate Shafiya Shaikh for defendant is present. She tendered draft Chamber summons alongwith affidavit in support. TOR. O- Leave is granted to register. She is directed to serve copy to other side.
Matter adjourned to 17.06.2026 for hearing on Exhibit-9 and NM hearing and tendering registered C/S and C/S Service.
Next Purpose: HEARING
Next Hearing Date: 17-06-2026

Date: 17-06-2026
Business: Plaintiff is present.
Advocate Neha Pandey for plaintiff is present.
None present for defendant.
Matter adjourned to 04.08.2026 for hearing on Exhibit-9 and NM hearing.
Next Purpose: HEARING
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: Advocate Neha Pandey a/w Anneeqah Qureshi for plaintiff is present.
Advocate Rachana Mahale for defendant is present. She seeks time to tender the C/S. O- Granted.
Matter adjourned to 28.09.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-09-2026

Date: 28-09-2026
Business: Advocate Neha Pandey for plaintiff is present.
Advocate Misha Shaneali h.f Moin Khan for defendant is present.
Kept back
Later on at 4.30 PM.
Advocate Neha Pandey for plaintiff is present.
Advocate Rachana Mahale for defendant is present.
Registered C/S no. 1094/2026 tendered by defendant.
Matter adjourned to 20.11.2026 for C/S Reply and hearing.
Next Purpose: HEARING
Next Hearing Date: 20-11-2026

NOTICE OF MOTION/104583/2024
CHAMBER SUMMONS/101094/2026
NOTICE OF MOTION/101945/2022

Filing Number: 104434/2020
Filing Date: 08-09-2020
First Hearing Date: 07th October 2020
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE