Mrs. samina rasiullah Shaikh D/o Mashooque Ali QureshiVsMr. Aqil Ahmed Qureshi and Anr.

Date: 06-06-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Vimlesh Singh for plaintiff present.
Plaintiff tendered registered NM no. 1636/19.
Defendants are present.  They filed reply to NM.  Copy of reply tendered to the counsel for the plaintiff    The Ld. Counsel for the plaintiff  submitted that he will file rejoinder.
Adjourned for rejoinder if any / hearing on NM to 28.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Advocate Jyoti Singh for plaintiff present.
Advocate A. K. Singh for defendant present.
Ld. counsel for the plaintiff seeks time for filing rejoinder.
Adjd to 29/01/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2020

Date: 09-06-2020
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 REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
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 REPLYREJOINDER
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: Both the parties and advs. absent.  Due to COVID-19, the matter is adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present.
The matter is adjd for filing rejoinder by plaintiff to 16.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Jyoti Singh for plaintiff present.
Adv. A.K. Singh for deft. present.
Ld. counsel for plaintiff seeks time for filing rejoinder.  Already sufficient time is granted hence request for the same is turned down. Adjourned for hearing on N/M.
The matter is adjd for hearing of N/M to 12.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Chaudhari for plaintiff present.
Deft. present.
Ld. counsel for plaintiff seeks time for hearing.  Granted.
The matter is adjd for N/M hearing to 21.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 28.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv. Vimlesh Singh for plaintiff is present.
Adv. Mishra for defendant no.1 and 2 is present.
On oral request of Adv.for defendant matter adjourned for NM reply.
Matter adjd for NM reply on 22.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2021

Date: 22-12-2021

Date: 02-03-2022
Business: Adv. Kamal Choudhary for pltff present.
Adv. Ashish Singh for deft present.
Pltff and deft are present.  Hd parties and advocates.  All of them have consented for referring the matter to mediation.  As per section 89 of the CPC this matter is referred to mediation.  Parties are directed to attend district mediation centre on 08/03/2022 at 2.00 p.m.
Matter is adjd to 30/03/2022 for mediation report/NM rejoinder.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv Aasif Hussain for pltff present.
Adv Singh for deft present.
Report received from District Mediation Centre that the matter is not settled.  TOR.  Marked as Exh. 3
Along with the report there is letter of ld. Judge mediator that the matter is not settled.  TOR.  Marked as Exh. 4
Matter is adjd to 14/06/2022 for NM/RE.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv Aasif Hussain for plaintiff present.
Adv Amit Patel H/f Adv Sunil Singh for defendant present.
Heard arguments of Ld. Adv for plaintiff in N.M. 1636/19.
Matter adjd for hearing arguments of defendant on 05/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Asif Hussain for plaintiff is present.
Adv. A.K. Singh for defendant is present.
On oral request of the Adv.for plaintiff the matter is adjourned for NM hearing.
Matter adjd to 03.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order 178 of 2022 dated 25.08.2022, holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is take on today''s board and for want of time matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: Adv. Ansari for plaintiff is present.
Adv. A.K.Singh for defendant is present.
The Ld. Adv.for plaintiff has filed an application for adjournment t.o.r marked as Exh.5. It is contended that the Ld. Adv.for plaintiff who is looking after the matter is unable to come, as the mother of Ld.Advocate is hospitalised. Record shows that the since 2019, NM No. 1636/19 is pending for hearing. The NM is taken out by the plaintiff for breach of injunction order. In view of judgment of the Hon\''ble Bombay High Court in the case of Rampyaribai Daga V/s Niladevi Jakhotiya and ors 2007 (4) Mh. L.J.213 the proceeding for breach of injunction order being independent proceeding must be registered as Misc. Judicial case and must be tried by framing appropriate issues. Therefore the NM No. 1636/19 is to be decided independently. Meanwhile the suit is to be  proceeded.
Matter adjd to 17.11.2022 for draft issues and hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv. Asif Hussain for plaintiff is present.
Adv. Singh for defendant is present.
The Ld.Adv.for defendant has filed draft issues. T.O.R.
The Ld. Adv.for plaintiff seeking time to file draft issues.
He has filed additional affidavit on behalf of plaintiff in support of contempt NM.
Matter adjd to 20.01.2023 for draft issues of plaintiff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Adv. Ansari h/f Adv. Asif Hussain for plaintiff is present.
Adv. Singh for defendant is present.
Issues are framed at Exh.6.
Matter adjd to 04.03.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Deepika Oswal for plaintiff is present.
Adv. Singh  for defendant is present.
The Ld. Advocate for the plaintiff has filed adjournment application. t.o.r. marked as Exh.7. O- It is submitted that the wife of the learned advocate, who is looking after the matter is not keeping well and therefore he is unable to come before the Court.
Thus considering the aspect, the matter is adjd.  for evidence of the plaintiff as a last chance.
Matter adjd to 25/07/2023 for R/E .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Adv. Dipika Oswal h/f Adv. Ramsha for plaintiff present and requested for adjournment.
Adv. Asif Singh for defendant present.
Witness absent.
On oral request of Ld. Adv. for plaintiff, matter is adjourned subject to cost of Rs. 1000/- to be paid to the defendant.
Matter adjd to 29/09/2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None for plaintiff present.
Adv. A. K. Singh for defendant is present.
Record shows that on 25.07.2023 the matter is adjourned on the request of plaintiff for evidence of plaintiff, subject to payment of costs of Rs.1000/-. However, today, none present for plaintiff when called. Neither plaintiff paid the costs nor adduce evidence. Hence, it seems that the plaintiff has lost interest in the matter. Therefore, the suit stands dismissed for default.
As suit is stands dismissed and the plaintiff is absent, hence, the Contempt Notice of Motion is also stands dismissed for non prosecution.
Disposal Date: 29-09-2023

Date: 09-02-2024
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Plaintiff a/w Adv. Rinky Agarwal is present.
Adv. Asit Singh for defendant no.1 is present.
KB
L.O at 1.00 p.m
Adv. Rinky Agarwal for plaintiff is present and filed evidence affidavit Exh.8. TOR.
PW-1 Samina Rasiullah Shaikh is present and admitted contents of evidence affidavit on S.A. hence, read and recorded. Copy of evidence affidavit is served on defendant no.1 and 2.
Adv. Akash Singh h/f Asit Singh for defendant no.1 is present.
Adv. Sajal Khan h/f G. P. Khan for defendant no.2 is present.
The Adv. for plaintiff has O- Time granted subject to undertaking to workout matter on next date, on failure further order will be passed on next date.
Matter adjd to 08.05.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Adv. Anwai Khot h/f Rinky Agrawal for plaintiff is present and filed compilation of documents Exh.9. TOR. Copy served on defendant no.1. Copy be served on defendant no.2.
Plaintiff is present.
Adv. Asit Singh for defendant no.1 is present.
Defendant no.1 is present.
Matter adjd to 25.07.2024 for service and admission denial on the request of both advocates.
L.O at 12.45 p.m
Adv. Sajal Khan h/f G. B. Khan for defendant no.2 is present.
Matter already adjd to 25.07.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Adv. Rinky Agarwal for plaintiff is present.
Adv. Asit Singh for defendant no.1 is present.
Defendant no.2 in person present and seek time to file reply. O- Time granted with consent.
Copy of compilation Exh.9 is served on defendant no.2.
Matter adjd to 09.09.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Adv. Rinky Agarwal for plaintiff is present.
Plaintiff present.
Adv. Asit Singh for defendant no.1 is present.
None appeared for defendant no.2.
The plaintiff has filed document along with list Exh.9.
The document at serial no.1 to 4 are death certificate and assessment bill respectively. The defendant did not dispute the existence and contents of document at serial no.1 to 4. Hence, document at serial no.1 to 4 are taken on record and marked Exh.10 to 13.
The document at serial no.1 is death certificate of plaintiffs father Late Mr. Mashooque Ali Naboo Qureshi marked as Exh.10.
The document at serial no.2 is death certificate of Mrs. Raziya Qureshi marked as Exh.11.
The document at serial no.3 is death certificate of Miss. Rubina Qureshi marked as Exh.12.
The Document at serial no.4 is assessment no. L-1634 (UM) 11 M, Assessment bills for he suit premises marked as Exh.13.
The document at serial no.5 to 13 are disputed on behalf of defendant no.1.
The document at serial no.5 is letter of health department MCGM. The document at serial no.6 is registration certificate. The document at serial no.7 is registration certificate of establishment issued by MCGM. The document at serial no.8 is copy of agreement dated 20.04.2010. The document at serial no.9 is copy of deed of retirement. The document at serial no.10 is affidavit of plaintiff. The document at serial no.11 is the copy of advocate’s letter (already filed with suit). The contents of document at serial no.5 to 7, 10 and 11 are proved from the oral evidence of PW-1. The document at serial no.5 to 7 are public document issued by competent authority. Hence, document at serial no.5 to 7, 10 and 11 are taken on record and marked Exh.14 to 18.
The document at serial no.5 is eating house license marked as Exh.14.
The document at serial no.6 is police license marked as Exh.15.
The document at serial no.7 is shops and establishment certificate issued by the BMC marked as Exh.16.
The document at serial no.10 is copy of complaint (already on record of court) marked as Exh.17.
The document at serial no.11 is office copy of Advocates letter dated 27.05.2014 (already on record of court) marked as Exh.18.
Plaintiff to prove rest of documents.
Matter adjd to 20.11.2024 for cross examination of PW-1 at 11.00 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: In view of office order no.273/2024 dated 14.11.2024 holiday is declared due to assembly election. Hence, matter is adjourned to 24.12.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: None present for plaintiff.
Adv. Asit Singh for defendant no.1 is present.
PW-1 absent.
Matter adjd to 27.02.2025 for cross examination of PW-1.
L. O at 12.01 p.m.
Adv. G. P. Khan for defendant no.2 present.
Matter already adjd to 27.02.2025 at 11.00 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: Plaintiff is present and seek time. O- Time granted with consent.
Adv. Ashish Singh for defendant no.1 is present.
Matter be referred on before Lok Adalat to be held on 22.03.2025 with consent.
Matter adjd to 22.03.2025 for settlement.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: NATIONAL LOK-ADALAT HELD ON 22/03/2025
CORAM  H.H. JUDGE SHRI. B. D. SHELKE
(Matter pertains from CR No.1)
Plaintiff present.
Adv Rinky Agrawal for plaintiff present.
Defendant No.1 and  2 present.
Adv Asit Singh for defendant no.1 is present.
No amicable settlement arrived between the parties. Hence matter be kept before regular Court.
Matter is adjd to 02.05.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: Adv. Rinky Agrawal for plaintiff is present.
Plaintiff present.
Adv. Asit Singh for defendant is present.
Defendant no.1 present.
Both made statement that matter is likely to be settle, hence matter referred before Lok Adalat to be held on 10.05.2025.
Matter adjd to 10.05.2025 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025

Date: 10-05-2025
Business: MATTER PERTAINS TO CR NO.1
Adv. Rinki Agarwal along with plaintiff present.
Adv. Asit Singh along with defendant No.1 present.
Both Adv. Submitted that settlement is not possible and date may be given. Adjournment is granted.
Matter stands adjourned on 04/07/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: Plaintiff present.
Adv. Asit Singh for defendant no.1 is present and he has already filed reply on admission denial of the documents.
Adv. G. P. Khan for defendant no.2 is present and adopted the reply filed by defendant no.1 and there by denied the documents filed by plaintiff.
KB
L. O at 1.05 p.m.
Adv. Rinky Agarwal for plaintiff is present and seek time to file some documents and additional affidavit of evidence of PW-1. O- Time granted as last chance.
Plaintiff present.
Adv. Asit Singh for defendant no.1 is present and ready to cross.
Adv. G. P. Khan for defendant no.2 is present.
Matter adjd to 12.08.2025 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adv. Rinky Agarwal for plaintiff is present and filed application Exh.19. O- Other side to say.
Later on Exh.19 not pressed and hence seen and filed.
She seek time to file NM for filing additional affidavit.
Adv. Asit Singh for defendant no.1 is present.
Adv. G. P. Khan for defendant no.2 is present.
Matter adjd to 24.09.2025 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Plaintiff present and seek time to engage new advocate. O- Time granted as last chance.
Adv. Asit Singh for defendant no.1 is present.
Adv. G. P. Khan for defendant no.2 is present.
Matter adjd to 17.11.2025 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: Plaintiff present.
Adv. Asit Singh for defendant no.1 is present.
Defendant no.2 present.
Matter adjd to 23.12.2025 for cross examination of PW-1 at 11.00 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2025

Date: 23-12-2025
Business: Adv. Rinky Agarwal for plaintiff is present and seek time. O- Time granted as last chance.
Adv. Asit Singh for defendant no.1 is present.
Adv. G. P. Khan for defendant no.2 is present.
PW-1 present.
Matter adjd to 17.01.2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Adv. Rinki Agarwal for plaintiff a/w plaintiff in person is present.
Adv. Shaikh Tarif a/w Adv. Asit Singh for defendant no.1 is  present.
Adv. G. P.  Khan for defendant no.2 is present.
PW-1 present.
Cross examination of PW-1 is commenced and partly concluded.
Matter adjourned to 25.03.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: Adv. Sanjay Sarraf for plaintiff is present and filed fresh Vakalatnama Exh.20 on behalf of the plaintiff. The Adv. for plaintiff is appointed by DLSA. The Adv. for plaintiff requests to adjourn the matter.
Plaintiff in person Samina Qureshi present.
Adv. Asit Singh for defendant no.1 is present.
Matter adjourned to 23.06.2026 for further cross examination of PW-1.
Later on at 12.45 p.m.
Adv. G. P. Khan for defendant no.2 is present.
Matter adjourned to 23.06.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: None present for plaintiff.
Adv. Asit Singh for defendant no.1 is present.
Adv. G. P. Khan for defendant no.2 is present.
Matter adjourned to 18.07.2026 for further cross examination of PW-1.
Later on at 12.30 p.m.
Plaintiff present.
Matter adjourned to 18.07.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: PW-1 present and seeks adjournment. It is granted.
Adv. Asit Singh for defendant no1. is present.
Adv. G. P. Khan for defendant no.2 is present.
Matter adjourned to 07.09.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: None present for plaintiff.
Adv. Asit Singh for defendant no.1 is present.
Adv. G. P. Khan for defendant no.2 is present.
Matter is of the year 2014 and notice of motion is pending since 2019. Record shows that matter is for cross examination of plaintiff but on the one and other reason she sought adjournment. Today also neither plaintiff nor her advocate remain present. Hence, in view of this matter be kept for further order against plaintiff.
Matter adjourned to 13.10.2026 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2026

Main Case No: SUIT/0101521/2014
Main Cnr: MHCC010057732014
Main Filing No: 111447

Registration Number: 101636/2019
Transfer Date: 17-09-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 104642/2019
Filing Date: 22-04-2019
First Hearing Date: 06th June 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE