Mr. Rahul KauraVsMr. Naveed Abdul Rahman Antulay

Date: 27-06-2019
Business: Adv. Lad for plaintiff present.
Adv. Kavita Sharma for defendant present.
Defendant tendered registered NM No 1558/19.   TOR.
The counsel for the  plaintiff seeks time to file reply to NM.
Adjourned NM reply to 22.7.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Balgopal for plaintiff present.
Adv. Kavita Sharma for defendant present.
Adjournment application filed on behalf of plaintiff.
O-Granted as a last chance.
Adjourned for reply to NM to 21.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: None present.
Board was called on 22.10.2019 as 21.10.2019 was declared holiday on account of Maharashtra Legislative Assembly election.
Adjourned for reply to NM to 20.1.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
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 FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020

Date: 06-08-2020
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 FOR HEARING
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 28.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Anirudha Lad for plaintiff present.
None for deft.
Adv. for plaintiff submitted that the plaintiff has paid the cost to the deft. pursuant to the order dated 12.03.2020 in N/M No.697/2020.  Hence, the reply of plaintiff to N/M No.1558/19 is taken on record.
The matter is adjd for N/M hearing to 18.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Adv. Pallavii Kaamath i/b. B.J. Law Offices LLP for plaintiff present.
Adv. Kavita Sharma i/b. Ganesh and Co. for deft. present.
Pursis along with copy of death certificate filed by Adv. for deft. informing that deft. passed away.  T.O.R.
O. - Seen and filed.
Ld. counsel for plaintiff filed draft Ch/sum.  Leave is granted to register.  Plaintiff to serve Ch/sum to the respondents.
The matter is adjd for service of Ch/sum to 10.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv. Laxmi Singh i/b. B.J. Law LLP for plaintiff present.
Adv. Ali Antulay for respondents in Ch/sum present and undertakes to file vakalatnama on next date.
Adv. for plaintiff tendered registered Ch/sum no.408/21 and affidavit of service.  T.O.R.
Adv. for respondents filed reply on Ch/sum.
ORDER IN CH/SUM NO.408/21
Heard.  By this Ch/sum, plaintiff seeks permission of the Court to substitute legal representatives of deceased sole defendant.  Ld. Counsel for plaintiff submitted that defendant expired on 28.04.2020.  The plaintiff came to know about the death of deft. on or about first week of January, 2021 and therefore, the present Ch/sum is filed within limitation.
Counsel appearing for the legal heirs of deceased defendant has no objection for bringing the legal heirs of deceased defendant on record.  Considering the fact that the deft. passed away during the lock-down and during the said period, the Courts were not taking regular hearing of the matter, there is nothing to disbelieve the contention of plaintiff on oath that plaintiff came to know about the death of deft. on or about January 2021.  Thus, Ch/sum is within the period of limitation since the knowledge of plaintiff, hence it is expedient to pass the following order.
ORDER
1.   Ch/sum no.408/21 is made absolute in terms of prayer clause (a).
2.    Plaintiff to substitute the legal heirs of defendant on record within 14 days of this order.
3.   Plaintiff after the compliance of order to serve writ of summons to newly added defendants and tender the amended copy of plaint on record.
4.    Costs in the cause.
The matter is adjd for compliance to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to COVID-19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: P.O.is on leave.  Matter adjourned on 15.09.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv. Hina Khan for plff is present.
                Order below NM No. 1558/19
Perused the notice of motion. It is submitted that the Suit No. 882/17  is already disposed of as withdrawn. Today the Adv.for the plaintiff has also not pressed the notice of motion as withdrawn. Therefore Notice of Motion No. 1558/19 also stands disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 15-09-2021

Main Case No: SUIT/0100882/2017
Main Cnr: MHCC010115862016
Main Filing No: 111447

Filing Number: 104284/2019
Filing Date: 15-04-2019
First Hearing Date: 27th June 2019
Decision Date: 15th September 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE