Shabbar Fakhuddin Jam +3 moreVsLimrass Construction P.Ltd +2 more

Date: 04-06-2018
Business: Adv. Mr. Nashikwala for pltff present.
Advocate Ms. Daimandwala for deft no. 2 present.
Adv. Ms. Sejal Shah for Deft-3 present.
Vakalatnama of the plaintiff. t.o.r. It is at exh. 2.
Vakalatnama filed by adv for deft no. 3. t.o.r. It is at Exh. 3
She has waived service of writ of summons.
None present for deft no. 1, though Notice of Motion is served.
Draft N/M alongwith affidavit in support taken out by the plaintiff for restraining defendant no. 1 temporarily from subletting, alienating, transferring the possession of respected tenanted premises of the suit property to any third person. t.o.r. Leave granted to register.
Adv for the plff has made specific submission that the plff is claiming relief by way of temporary injunction only against deft no. 1 and not against deft no. 2 and 3
Advocate for defendant no. 2 has submitted that she will tendered vakalatnama on behalf of deft no. 2 on next date and also waived service of writ of summons.
Matter adjd to 27.06.2018 for service affidavit/ad-interim hearing/ w.st by deft nos. 2 and 3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Adv. Mr. Nashikwala for the Plaintiff present.
Adv. Mr. Badda for Defendant 3 present. He waive service of writ of summons.
Adv. Mr. Jahangir Khan for deft no. 1 and he undertakes to file Vakalatnama on next date. He waive service of writ of summons.
None present for deft no. 2 and even not made compliance of filing Vakalatnama
Original affidavit of service tendered by the plff. t.o.r.
Original Notice of Motion no.  2109/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Matter is adjd. to 13.07.2018 for passing exparte order against deft no. 2/ reply and W.S by deft nos. 1 and 3/
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2018

Date: 13-07-2018
Business: Adv. Mr. Nashikwala  for the Plaintiff present.
Adv. Mr. Khan for deft no. 1 present.
Adv. Ms. Dimandwala for deft no. 2 present.
Adv. Ms. Sejal Sha for Defendant no. 3 present.
Vakalatnama tendered by deft no. 1. t.o.r.
Vakalatnama tendered by deft no. 2.  t.o.r.
Reply to N/M tendered by deft no. 1. t.o.r.
Pursis tendered by deft no. 1 for adopting reply to N/M as its written statement. Hence, reply to N/M of deft no. 1 be exhibited as written statement of defendant no. 1.
Reply to N/M of deft no. 1 taken on record as written statement. t.o.r.
Written statement tendered by deft no. 3. t.o.r. O-filed.
Pursis tendered by deft no. 3 for adopting written statement as reply to N/M of the plff. t.o.r.
Adv for deft no. 2 seeks adjournment for filing reply and W.S. granted as a last chance.
Matter is adjd. to 27.07.2018 for reply to N/M by deft no. 2/ W.S by deft no. 2/ N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2018

Date: 27-07-2018
Business: Adv. Mr. Nashikwala for the Plaintiff present.
Adv. Mr. Jahangir Khan for Defendant no. 1 present. (W.S )
Adv. Ms. H Diamandwala for deft no. 2 present.
Adv. Mr. Badda for deft no. 3 present. (W.S )
Reply to N/M tendered by deft no. 2. t.o.r.
Written Statement tendered by deft no. 2. t.o.r.
Rejoinder to reply tendered by the plff. t.o.r.
Matter is adjd. to 13.08.2018 for N/M hearing/ draft issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2018

Date: 24-08-2018
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2018

Date: 19-10-2018
Business: The court is busy in dictating orders. Hence, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Adv. Mr. Nashikwala for the Plaintiff present.
Adv. Ms. Saba Khanfor Defendant no. 1 present.
Adv. Ms. Rich Tembe for deft no. 3 present.
Adv for deft no. 1 seeks adjournment. Granted as a last chance.
Matter is adjd. to 12.12.2018 for N/M hearing/ draft issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Adv. Nashikwala for the plaintiff present.
Adv.Jahangir Khan for defendant no. 2 present.
Adv. Richa Tambe for deft. no. 3 present.
Court is busy in other matters on board.
Matter is adjd. to 4.1.19 for NM Hearing at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: None present for the plaintiff.
Adv. Mr. Jahangir Khan for Defendant  no. 1 present.
Adv. Ms. Richa Tambe for deft no. 3 present.
None present for defendant no. 2
The plff is absent for N/M hearing. No adjournment application. Hence, matter is adjd. to 27.02.2019 for N/M hearing or for dismissal order.
LO at 4.00p.m.
Plaintiff no. 4 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Resumed.
Adv. Nasikwala for plaintiff and Adv. Jehangir for defendant no. 1, Adv. Diamondwala def. no. 2 and Adv. Sejal Shah for Def. no.3  are present.
Heard, respective advocates on NM No. 2109/2018.
Adjd for NM order to 16.03.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: Resumed.
Adv. Nasikwala with plaintiff no. 4 and Adv. Richa Tambe for def. no. 3 are present.
FRSR the following order is passed on NM No. 2109/2018
ORDER
1. The Notice of Motion No. 2109 of 2018 is made absolute by temporarily restraining the defendant no. 1 from subletting, alienating, transferring or parting with possession of either of the tenanted premises located in the suit building or part of the suit property except the room nos. 4-A, 4-C, 4-D, 7, 21 mentioned in the M.O.U. dated 18.10.2012, till the disposal of the suit.
2.  Parties to bear their own costs of the motion.
 Adjd for draft issues to 21.06.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: None present on behalf of both parties.
Adjourned for filing draft issues to 13.9.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: None present.
Adjourned for framing issues to  2.11.2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: None present.
Adjourned for issues to 21.12.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: None for plaintiff.
Adv. H. Diamondwala for deft. no.2 present.  She tendered draft issues. T.O.R.
As the Court is busy in passing judgment in time bound matter no.9488/89, the matter is adjd for framing issues to 06.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: None present.
The matter is adjd for framing issues to 20.06.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2020

Date: 20-06-2020
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: FRAMING ISSUES
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Both the parties and advs. are absent.
As the court is busy in hearing argument, for want of time, adjd. to 01.02.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: None present.
The matter is adjd for framing issues to 28.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 20.09.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Plaintiff no.4 is present.
None for defendant.
Perused the pleadings on record.
Issues are framed at Exh.11.
Matter adjd for evidence on 04.01.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: In view of Office Order No. 290/21, PO is attending 40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, therefore matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: None present.
Matter is adjd to 15/07/2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Plff.no.4 present.
Authorized representative of the deft no.1 is present.
Both the advocates absent.
Matter adjd to 07/10/2022 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: By Praecipe.
NOB.TOB.
Plaintiff is present.
Adv. Nashikwala for plaintiff is present and filed withdrawal pursis t.o.r marked as Exh.12.
Adv. Jahangir for defendant is present.
                                    ORDER
The Ld. Adv.for plaintiff and defendants jointly submits that the matter is amicably settled in between the parties out of the Court. Therefore the plaintiff do not wish to proceed with the matter. Plaintiffs constituted Attorney Akhil is present. He also submits that plaintiff do not wish to proceed with the matter and want to withdraw it unconditionally. In view of submissions and pursis Exh.12, the matter stands disposed of as withdrawn.
Interim Order if any is hereby vacated.
Nature Of Disposal: WITHDRAWL
Disposal Date: 21-09-2022

NOTICE OF MOTION/102109/2018

Filing Number: 104642/2018
Filing Date: 28-03-2018
First Hearing Date: 04th June 2018
Decision Date: 21st September 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE