Date: 02-05-2018
Business: As Court is busy in dictating and correction orders in N/M and Chamber Summons. Hence, board discharged.
Adjd to 9.7.2018 for direction.
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Plff.and adv.absent.
Deft.no.1 present. Adv.absent.
Adjd.for directions on 21.12.2018.
L.O.at 12.25 pm., Plff is present.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-12-2018
Date: 21-12-2018
Business: Plff and Adv absent.
Adv. Rajesh Thakur for Defendant present.
Deft no.1 present.
Adv for Defendant sought time.
Adj for draft issues to 14.03.2019.
L.O.
Adv. R.S.Tripathi for Plaintiff present.
Writ of summons filed by Plaintiff t.o.r.
Adj for affidavit of service to 14.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv. R.S.Tripathi for Plaintiff present.
Draft issues filed by Plaintiff t.o.r.
Adj for draft issues by Defendant to 20.06.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Plaintiff is present.
Adv. Amit Tiwari for Plaintiff present.
Deft no.1 is present. Adv absent.
Adj for draft issues to 31.07.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. R.S.Tripathi for Plaintiff present.
Defendant no.1 present. Adv absent.
Adj for draft issues to 07.09.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Plaintiff is present. Adv absent.
Defendant no.1 present. Adv absent.
Adj for issues to 16.10.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. R.S. Tripathi for plaintiff present.
Defendant no 1 present.
Adjd. for framing of issues to 16.12.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: R.S. Tripathi for plaintiff present.
Defendant no 1 present.
Adjourned for issues to 30.01.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. R.S. Tripathi for plaintiff present.
Defendant No. 1 present.
As court is busy in other matter, hence adjourned.
Adjourned for issues to 11.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: HHJ is on leave today.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
Matter stands Adj for Framing Issues to 11.03.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv R. S. Tripathi for plff present.
Plff already filed draft issues.
None present for deft. Deft failed to file draft issues.
Hence matter stands Adj for Framing of Issues to 04/05/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None for plff.
Deft no. 1 present.
Matter stands Adj for Framing Issues to 03/12/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Both parties and their Adv absent.
Matter stands Adj for Framing of issues to 22/02/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Plff present.
Adv R. S. Tripathi for plff present.
Deft no. 1 present.
Adv for deft absent.
Exh 04 - Issues framed.
Matter stands Adj for filing evidence of plff to 12/04/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv R. S. Tripathi for plff present.
He seeks time for filing evidence of plff. Granted.
Deft no. 1 present.
Adv for defts absent.
Matter stands Adj for Evidence of plff to 06/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. R. S. Tripathi for plaintiff present. He seek time to file evidence. Time granted.
Adv. Abdul for defendant. 1 present.
Matter is adjd to 30/07/2022 for recoding evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv. R. S. Tripathi for plaintiff present.
He filed affidavit of evidence. Exh 5 and Compilation of document Exh 6. TOR.
Plaintiff seek time to serve on other side.
None for defendant.
Parties are directed to give CTS number of suit property.
Matter is adjd for admission denial to 11/10/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. R. S. Tripathi for plaintiff present.
Defendant no. 1 present and his advocate absent. kb.
L. O.
Adv. Zatish Shaikh appeared for defendant.
He filed V/p exh 5 TOR.
Copy served on other side.
Matter is adjd for admission denial to 16/12/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Plaintiff present and Defendant no. 1 present and their advocate absent. KB.
L. O.
Adv. R. S. Tripathi for plaintiff present.
Adv. Umar Dalvi for defendant present and he filed reply to the documents. TOR. Copy served on other side.
Both seek time for hearing on admission denial. Time granted.
Matter is adjourned for admission denial to 17/02/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Plaintiff present and his advocate absent.
Adv. Amir Koradie for defendant no. 1 and 2 present.
Defendant no. 1 present. KB.
L. O.
Adv. R. S. Tripathi for plaintiff present.
Adv. Amir Koradie for defendant no. 1 and 2 present.
Defendant no. 1 present.
Plaintiff has filed document along with list Exh 6.
Document at serial no. 4, 5, 8 and 9 are admitted on behalf of defendant no. 1 and 2, hence are admitted in the evidence. Document at serial no. 1 to 3, 6 and 7 are denial by the defendant.
Document at serial no. 1 is rent receipt in the name of plaintiff.
Document at serial no. 2 is Xerox copy of conveyance deed dated 01/11/1991.
Document at serial no. 3 are rent receipt issued in the name of plaintiff.
Document at serial no. 6 is Xerox copy of Ration Card.
Document at serial no. 7 is NC report made by plaintiff.
The document at serial no. 8 is correspondence. The contents are proved from the evidence of PW-1. The contents of document at serial no. 1, 3 and 7 are proved from the oral evidence of PW-1, hence admitted in evidence and document at serial no. 1, 3 to 5 and 7 to 9 are marked as Exh to 7 to 13. Plaintiff to prove rest of document.
The document at serial no. 1 The original copy of the rent receipt since 1985 till 1989 Exh 7.
The document at serial no. 3 The rent receipts since 1994 to 2001 Exh 8.
The document at serial no. 4 The copy of the original Death Certificate Exh 9.
The document at serial no. 5 The copy of the Electric Bills and receipts of payment Exh 10.
The document at serial no. 7 The original copy of the NC dated 25/09/2015 Exh 11.
The document at serial no. 8 The copy of notice dated 15/12/2014 and reply Exh 12.
The document at serial no. 9 Application under sec.145 of Cr. P.C. and Judgement dated 2/7/2018 Exh 13.
Matter adjourned for R/E to 27/04/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv. R. S. Tripathi for plaintiff present.
PW-1 absent.
Adv. Umar Dalvi h/f Amin Kanodia for defendant no. 1 and 2 present.
He filed application seeking time for R/E. Time granted.
Defendant no. 2 present.
Matter adjourned for R/E to 05/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Plaintiff present.
Defendant absent.
Adv. Mr. Umar Dalvi for defendant present.
KB
LO
Adv. Mr. Umar Dalvi for defendant present.
Adv. Mr. Tripathi for plaintiff present.
By consent of both parties, matter is adjourned.
Matter adjourned for R/E on 31.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Plaintiff present.
Advocate Mr. Zakhi Shaikh for defendant no. 1 and 2 present.
KB
LO at 11.35 A.M.
Advocate Mr. R.S. Tripathi for plaintiff present and filed application to produce documents. TOR and marked as Exh-14. Copy served on other side. O- Other side to say.
Advocate Mr. Shaikh for defendant seeks time to file reply. O- Granted.
Matter adjourned for Reply on Exh-14 on 24.08.2023.
Next Purpose: REPLY
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Zakhi Shaikh for defendant no.1 and 2 present and filed reply to Exh-14. Copy given to other side.
Heard argument of both the advocates.
Read application. Heard both sides. Perused papers on record. Considering the grounds mentioned in application Exh-14. Application is allowed and permission granted to produce the document i.e. deed of conveyance dated 01.11.1991. Accordingly Exh-14 dismissed of.
Matter adjourned for R.E.P.H. on 25.09.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Plaintiff is present.
Advocate Mr. R. S. Tripathi for plaintiff present.
Defendant and advocate are absent.
KB L.O. 12.30 p.m.
Defendant no.1 is present.
Advocate Mr. Shikh for defendant no.1 and 2 is present.
Advocate for defendant tendered draft Chamber summons.
O.-Leave granted to register draft Ch/s.
Copy given to other side.
Matter adjourned for Ch/s reply on 16.10.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: PO is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Advocate Mr. Tripathi for plaintiff present and seeks time. O- Granted.
Advocate Mr.Koradiya for defendant no. 1 and 2 present and tendered registered Chamber summons 1745/2023.
Matter adjourned for C/S Reply on 22.11.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Advocate Mr. J.R.Yadav h.f. Advocate R.S.Tripathi for plaintiff present and filed reply to C/S 1745/2023. Copy given to defendant.
Advocate Mr. Zakir Shaikh for defendant present.
Matter adjourned for C/S hearing on 11.01.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Zakhi Shaikh for defendant present.
Kept back
Later on at 3.35 P.M.
Heard argument of both the advocates on CS 1745/2023.
Matter adjourned for C/S order on 24.01.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Zakhi Shaikh for defendant present.
Kept back
Later on at 4.55 P.M.
FRSR following order is passed-
ORDER
Chamber Summons No. 1745 of 2023 is allowed and additional issues are framed as prayed.
Additional issues are framed in view of order passed Taken on record and marked as Exhibit-4A.
By consent matter is adjourned to next date.
Matter adjourned for Recording Evidence on 29.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Advocate R S Tripathi for plaintiff present.
Defendant no.1 present and seeks time.
Last chance granted.
Matter adjourned on 19.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Zakki Shaikh for defendant present.
Kept back
Later on at 11.50 A.M.
Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Zakki Shaikh for defendant present and seeks time. O- Granted as a last chance.
Matter adjourned for Recording Evidence on 13.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Plaintiff present.
Advocate Zakir Shaikh for defendant present and tendered draft Notice of motion. O- Leave granted to register it. Copy is served on plaintiff.
Matter is adjourned for NM Reply on 09.07.2024.
Next Purpose: REPLY
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Advocate Shaikh for defendant present. Present and tendered Registered NM 2319/2024. Plaintiff seeks time to file reply
Matter is adjourned for reply on 26.07.2024.
Next Purpose: REPLY
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Advocate Mr. Tripathi for plaintiff present and filed say on NM 2319/2024.
Advocate Mr. Aamir Koradia for defendant no. 1 and 2 present.
Matter is adjourned for NM hearing on 23.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Vishal Raman i/b Zakhi Shaikh for defendant present.
Court is busy in other matters, hence adjourned.
Matter is adjourned for NM hearing on 04.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Rutwij Bapat for defendant present.
Court is busy in hearing argument in Chamber summons no. 914/2023 in SU 5766/2005, hence adjourned.
Matter is adjourned for NM hearing on 30.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Mr. Zakhir Shaikh for defendant present and seeks time. O- Granted as a last chance.
Matter is adjourned for NM hearing on 05.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Defendant present and seeks time on the ground that his advocate is held up in Honble High Court.
Considering the ground and previous conduct as well as for the ends of justice adjournment is granted as a last chance subject to cost of Rs.3000/- to be paid to plaintiff.
Matter is adjourned for NM hearing on 21.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: Advocate Mr. R.S. Tripathi for plaintiff present.
Advocate Zakeer Shaikh for defendant present.
Defendant paid cost of Rs.3,000/- to plaintiff in open court.
Court is busy in other matters, hence adjourned.
Matter is adjourned for NM hearing on 12.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: Court is vacant. Hence adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2025
Date: 10-10-2025
Business: Defendant no. 1 in person present.
Advocate R.S. Tripathi for plaintiff is present.
Advocate Hardik Desai for all defendants is present.
Court is busy in dictating judgment in Suit no. 3205/2014 and C/S order in Suit no. 2649/2018. Hence board is discharged.
Matter adjourned to 28.11.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Advocate Mr. J.R. Yadav h.f. Advocate R.S. Tripathi for plaintiff is present. He submitted that his senior advocate has gone to native place for personal work and therefore unable to attend the Court. He seeks time.
Advocate Hardik Desai a/w Advocate Aamir Koradia for defendant no. 1 and 2 is present.
Matter adjourned to 23.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2026
Date: 23-01-2026
Business: Plaintiff in person is present. He seeks time for engaging new advocate. O- Granted as a last chance.
Defendant no. 1 is present.
Advocate Hardik Desai for both defendant is present.
Matter adjourned to 27.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: P.O IS ON LEAVE
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Advocate Naziya Bhaldar for plaintiff is present and filed vakalatnama on behalf of plaintiff. TOR and marked as Exhibit-15. O- Filed.
She filed written notes of arguments alongwith copy of citation on N/M no. 2319/2024. TOR.
Advocate Hardik Desai for defendant is present. He filed written notes of arguments alongwith copy of citation on NM no. 2319/2024. TOR.
Also heard oral arguments of both sides.
Matter adjourned to 04.07.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2026
Date: 04-07-2026
Business: Court is vacant. Matter is adjourned to 07.08.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: Advocate Naziya Bhaldar for plaintiff is present.
Advocate Hardik Desai a/w Aamir Koradia a/w Misba Loladia for defendant no. 1 and 2 is present.
Heard on Notice of motion and preliminary objection.
(Judgment dictated and is pronounced in Open Court.)
Judgment is marked as Exhibit-16.
ORDER
1. Plaint is hereby rejected vide Order VII, Rule 11(d) of the Code of Civil Procedure, 1908, with costs.
2. Notice of Motion No.2319 of 2024 is allowed.
Nature Of Disposal: PLAINT REJECTED
Disposal Date: 07-08-2026