Smt.Khatija Salim Shaikh Suit St. No. 5336 of 2020VsSmt. Zlaikha Mohd. Safi Ansari and Ors.

Date: 06-11-2020
Business: Adv. Mr. S. R. Patel for the plff present and he tendered registered original NM No. 1576/2020 alongwith affidavit in support. t.o.r.
He also filed the two service affidavit. t.o.r.
Matter is adjd. to 07.11.2020 for hearing NM for adinterim relief.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Adv. Mr. S. R. Patel for the plff present. He has filed registered N/M No.1576/2020 along with affidavit of service. No document is produced along with the said affidavit showing that the defendant Nos.1 and 2 are duly served.
The plaintiff to produce such document.
The defendant No.1 is residing in U.A.E. and the defendant No.2 is residing at Govandi, Mumbai.  The notices were issued by R.P.A.D., but the trap report is produced on record do not disclose the due service by R.P.A.D.  The plaintiff to serve the defendant Nos.1 and 3 by alternate mode permissible under the law and produce the proof regarding due service.
Matter is adjd. to 12.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Adv. Mr. S.R. Patel for the Plaintiff present.
The plaintiff has filed the documents showing that the defendant No.1 is served through whatsapp and the defendant Nos.2 and 3 are served by R.P.A.D.  The defendant No.4 is already served.
The plaintiff has filed the Notice of Motion No.1576 of 2020 alongwith affidavit in support.
The injunction restraining the defendant Nos.1 and 2 from taking forcible possession of the suit premises from the plaintiff and further restraining them from selling or transferring the suit premises.
The defendant Nos.3 and 4 are sought to be ordered not to act at the instance of the defendant Nos.1 and 2.
The plaintiff shows the Ration Card to show her prima-facie possession, but the name of the plaintiff has been deleted in that Ration Card.  He also refers the Passport to show that he is residing at the address of the suit premises.  That evidence is also not sufficient as it cannot be readily presumed that the person is currently residing at the address at which the passport was obtained once upon a time.  Today, is the last working day before Diwali Holidays.  The Court will reopen on 23.11.2020.  The defendant No.1  admittedly is residing in U.A.E.  As such, it is not possible to pass any ad-interim order as prayed in the Notice of Motion and it would be just to hear the Notice of Motion itself on merit and to decide the same.
Matter is adjd. to 24.11.2020 for hearing Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: None present for the plff.
None present for the deft.
Matter is adjd. to 10.02.2021.
LO at 1.45p.m.
Adv. Mr. S. R. Patel he filed additional affidavit and additional compilation of documents. t.o.r.
Matter adjd to 01.12.2020 for NM reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Adv.S.R.Patel for plaintiff present.
None present for defendant.
Matter is adjd. to 10.12.2020 for Ex-parte hearing.
Next Purpose: NM  EX-PARTE
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv S.R. Patel for the plaintiff present.
None present for the defendant.
The plaintiff is directed to register the suit without fail, failure to which suit is dismissed.Matter is adjd. to 21.12.2020.
Next Purpose: NM  EX-PARTE
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Adv S.R. Patel present for the plaintiff
None present for the defendant.
Issue writ of summons through bailiff of sheriff office.
Matter is adjd. to 04.01.2021 for proof of service of writ of summons and NM.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv. Mr. S. R. Patel for the plaintiff is present.
Adv. Mr. Kandekar for the defendant no.4 is present.
Advocate for defendant no.4 submitted that he has received only the copy of plaint and not the copy of NM.
Plaintiff is directed to supply the copy of NM to the defendant no.4 and also file proof of serve of summons and notice on defendant no.1  as per the order dated 12/11/2020.
Matter is adjd. to 29/01/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Mr. S. R. Patel for the plaintiff.
Adv. Mr. Chandrashekhar for  the defendant No.4
Matter is adjd. to 08/04/2021 for proof of service of summons/NM reply.
Next Purpose: REPLY
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 03.07.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: COURT IS ON LEAVE
Next Purpose: REPLY
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
Matter is adjd. to 08.02.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 21.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv. Chourasiya h/f Chandrashekhar for MHADA present.
None present for other parties.
Matter is adjd. to 08-07-2022 for report.
Next Purpose: REPORT
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present for plaintiff.
Adv. Chadrashekar for MHADa present.
Matter is adjd.to 13-09-2022  for  reply.
Next Purpose: REPLY
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Court is busy in hearing NM no. 3158/21 in suit no. 2303/21 and Dictating order in High Court time bound NM 290/2022 in Suit Stamp no. 452/22.
Matter is adjd. to 23.11.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None present for plaintiff.
Adv. Guari Bhandari for defendant no. 4 present and seeking time to file reply to NM No. 1576/50. Time granted.
Matter is adjd. to 20.01.2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: court is on leave. Hence Board is discharge and matter adjd to.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Plaintiff and her Adv. S.R. Patel present.
Adv. Gauri Bhandari h/f Adv. Siddharth Chandrashekhar for Defendant No.4/MHADA present.
None present for defendant nos 1 to 3.
Plaintiff filed withdrawal application, TOR, It is marked at Exh. 5 on 16.12.2022. Today plaintiff is present and admitted her signature on the application. She identified her advocate.
Considering the application the plaintiff does not want to proceed with this suit as, structure is demolished and she wants to withdraw the suit unconditionally. Hence, permission granted to withdraw the suit unconditionally. Hence, suit is withdrawn and disposed of.
In view of Suit is disposed of, Notice of Motion is also disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 02-02-2023

Registration Number: 101576/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 105397/2020
Filing Date: 03-11-2020
First Hearing Date: 06th November 2020
Decision Date: 02nd February 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE