Ms. Halima Babamiya SayedVsMs. Urooj Mazhar Khan

Date: 27-07-2018
Business: Adv. Mr. Ramanand Sikhwal for the Plaintiff present.
Adv for the plaintiff seeks extension of time to serve writ of summons to the deft.  Time is extended as a last chance.
Matter is adjd. to 10.10.2018 proof of service of writ of summons of the deft.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Adv. Ms. Archana Shelar for the Plaintiff present.
Exh.2Already tendered Vakalatnama of the plff.
Exh.3 Application tendered by the plff for seeking extension of time to serve writ of summons. t.o.r. Allowed as last chance.
Matter is adjd. to 15.02.2019 for proof of service of writ of summons .
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Resumed.
The P.O. is busy in hearing final arguments in Suit no. 3856/2008.  For want of time the board is discharged.
Adjd for affidavit of service to 27.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Advocate Ms. Arti Saundankar for Plaintiff present
Court is busy in recording evidence in suit no.6775/05 and other matters, hence case is adjourned to 10/10/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Court is busy in recording evidence in suit nos.8523/98 and 7793/00 and court has to dictate Judgment in suit nos.3856/99 and 3857/99, hence case is adjourned to 04/12/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Advocate Arti Saundankar for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.
Court is busy in hearing and dictating order on NM in suit no.305/88 and court has to record cross-examination in suit no.4883/07, hence case is adjourned to 31/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Advocate Ms. Arti Saundankar for Plaintiff present and filed registered Notice of Motion no.4635/2019 with affidavit in support, t.o.r.
None present for Defendant.
Case is adjourned to 23/04/2020 for NM for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for NM REPLY REJOINDER.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv Ms.Aarti for plff present.
None present for deft.
K.B.
L.O.
Adv Ms. Aarti for plff present and endorsed  on NM No.4635/19 as not pressed with liberty to take out Ch/s. O- NM No.4635/19 is disposed off with liberty to the plff to take out Ch/s for the relief claimed.
None present for deft.
Matter is adjd. for NM reply and appearance of other defts to  01.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv Mr. Amol for plff present and filed draft Ch/s along with affidavit in support for effecting service of writ of summons on the defts by substitute mode.
He has produced original writ of summons along with bailiff report. The report of the bailiff shows that writ of summons could not be served as deft was not found available  at the suit premises and as suit premises was found locked. Having regards to the bailiff report and statement made in the affidavit filed in support of the Ch/s that same address is mentioned in LE Suit No.80/2018 of the deft which is pending before the Small causes Court, plff is permitted to effect service by substitute mode as prayed in the Ch/s with further direction to affix the copy of writ of summons at conspicuous place at the suit premises through bailiff. Ch/s is thus allowed as above.
It be got registered for statistical purposes.
Matter is adjd. for service report to 28.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-09-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv Mr. Mahendra Shingade for plff present and mentioned the matter in the morning session.
Adv. for plff tendered registered Ch/s No.449/2021 which is already disposed off as allowed at admission stage as per order dt.01.03.2021 hence, it be marked in CIS as already disposed off.
He also tendered registered N.M.No.1806/2018 along with affidavit in support. He also filed original writ of summons. He submitted that service by way of paper publication is effected on the deft. He seeks time to file affidavit of service.
Matter is on the board of afternoon session hence, kept back.
L.O.at 4.45 p.m.
None present for deft.
Matter is adjd. for affidavit of service to 16.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Mr. Mahendra Shingade for plff present and filed affidavit of service at Exh.4.
Despite service by substitute mode, deft did not appear hence, suit to proceed ex-parte.
Adv. for plff seeks time.
Matter is adjd. for steps to 28.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv Mr. Mahendra Shingade for plff present and endorsed on Notice of Motion No.1806/2018 as not pressed. O-N.M. No. 1806/2018 is disposed off being not pressed by the adv. for the plff.
Matter is adjd. for ex-parte evidence to 09.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv Ms.Aarti Saundankar  present for plff and seeks adjournment to file evidence.
Adv Mr. Dinesh Vishwakarma present and gave undertaking at Exh.5 that he will file vakalatnama on behalf of deft on the next date. His undertaking is accepted.
Matter is adjd. for ex-parte evidence to 04.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plff.
None present for deft.
evidence not adduced by the plff.
Matter is adjd. for Order to 04/04/2022.
Judge
LO at 11.30am.
Adv. Mr. R. G. Shikhwal present for the plff and seeks adjournment.
Matter is adjd. for Ex-party evidence to 04/04/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv Aarti Saundankar h/f Adv Mahendra Shingade for plff present and seeks adjournment by submitting that plff is unable to attend this Court today as she is bed ridden.
None present for defts.
on request of adv for plff, matter is adjd. for ex-parte evidence to 06.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 62 )
Adv. Mahendra Shingade along with witness Halima Babamiya present and filed evidence affidavit of witness Halima Babamiya  t.o.r. and marked as Exh.6
He also filed list of documents t.o.r. and marked as Exh.7
Oath is administered  to witness Halima Babamiya. She stated on Oath that evidence affidavit Exh.6 bears her signature and contents therein are correct. She also proved documents filed with list Exh.7 and they are marked as Exhibited documents as under -
Exh.8 colly  -  Original photographs.
Exh.9 colly - Original maintenance bills.
Exh.10 colly - Original electricity and gas bills.
Exh.11 colly - printouts of payment of electricity bills.
Exh.12 - office copy of application dtd. 02-06-2022.
Exh.13  - xerox copy of discharge card.
Exh.14 colly - original prescriptions
Exh.15 - certified copy of leave and license agreement dtd. 14-05-2008.
Exh.16 -  Police complaint
Exh.17 - Xerox copy of draft general power of attorney dtd. 03-08-2016.
Exh.18   - Print out of order dtd. 11-11-2016 in NM No. 2975/16.
Exh.19  - Certified copy of deed of transfer dtd. 27-04-2017.
Exh.20 - Bank statement
Exh.21 - xerox copy of NC dtd. 26-12-2017.
Exh.22 - Office copy of application dtd. 02-06-2022.
Exh.23 - Xerox copy of notice dtd. 18-01-2018.
Exh. 24- Certified copy of registered gift deed dtd. 02-09-2016.
Exh. 25 - Office copy of notice dtd. 20-03-2018 along with returned envelope.
Exh. 26- Office copy of police complaint dtd. 29-03-2022.
Exh. 27 -  Evidence close pursis filed by the plaintiff - seen.
Matter is adjd.to 20-06-2022  for ex parte argument.
                                                                        I/C Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv.Mahendra Shingade for plaintiff present.
None present defendant.
KB for final argument.
LO at 12.50 pm,
Adv.Mahendra Shingade for plaintiff present.
Heard final argument of Adv.Mahendra Shingade.
Matter adjd to 29.06.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv Rahul Gada for defendant present.
Adv. for plaintiff absent.
Adv Gada filed VP. TOR.
It is kept for order as suit is ex-party. Defendant filed application for issuing direction to the ptf to serve copy of plaint. TOR. O- Ptf to say.
Matter adjd to 08.09.2022  for say of ptf.
LO at 01.54 pm.
Adv Aarti Saundankar for ptf present.
Next Purpose: REPLY
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: By Precepee. Exh.29.
Adv. Rahul Gada for Defendant present. he filed draft NM(set aside) alongwith affidavit in support and also written statement.
O- Leave granted to register the NM. Written statement is kept for order after  order in NM.
Matter adjd. to 08.09.2022 for Service affidavit & reply in NM.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv.Ramanand Sikhwal for plaintiff present.
Adv.Rahul Gada for defendant present. He filed registered NM No.2819/22 a/w. affidavit t.o.r.
Adv. of deft.also filed affidavit of service in NM 2819/22 t.o.r. and marked as Exh.29
Adv. of plaintiff filed reply to NM 2819/22 t.o.r. and marked as Exh.30.
Adv. of plaintiff filed list of documents t.o.r. and marked as Exh.31.
Matter adjd to 07.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv.Aarti Saudankar h/f.Adv.Shingade for plaintiff present.
Adv.Rahul J. Gada for defendant present.
On the oral request of plaintiff matter adjd to 09.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv.Amol Ransing for plaintiff present.
Adv.Rahul Gada for defendant present.
KB
LO at 03.45 pm
Same appearance.
Heard both the sides in NM 2819/22.
Matter adjd to 18.03.2023 for NM order.
Next Purpose: ORDER
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present for both sides.
KB
LO at 05.50 pm
As Court was busy in dictation of NM in Sr. No.5, 9, 12, 18, 54 of the board, hence, due to paucity of time, matter adjd to 15.04.2023 for order in NM 2819/22.
Next Purpose: ORDER
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present for both sides.
KB
LO at 05.30 pm
As Court is busy in dictating order in NM 1265/21, NM 3264/19, NM 3265/19, Chs.No.135/22, hence, matter adjd to 03.05.2023 for NM order.
Next Purpose: ORDER
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: None present for both sides.
KB
LO at 04.05 pm
None present for both sides.
ORDER IN NOTICE OF MOTION NO.2819/2022
      This motion is taken out for setting aside order dated 16.09.2021 directing the suit to proceed ex-parte against the defendant and seeking permission to file the written statement. Motion is opposed by the plaintiff by affidavit in reply. The plaintiff relied on the judgment in Taramati Vithlani V/s. Navjeevan Gulab Gaikwad (W.P. No.2837/2005, Hon\''ble Bombay High Court, order dated 07.06.2006). I have gone through the same. It is in respect of setting aside ex-parte decree and conduct of the party seeking relief for setting aside said decree. In case before me the defendant is seeking relief of setting aside order directing the suit to proceed ex-parte. There is no ex-parte decree passed in this suit. The suit has been filed in the year 2018. It is the contention of the defendant that she was not residing at the address stated in the plaint. Summons was not served on her. There was attempt to serve it by pasting and paper publication. After said service order dated 16.09.2021 has been passed. It is the contention of the defendant that in November 2021 she came to know about the pendancy of the suit. On 09.11.2021 undertaking to file vakalatnama was given by advocate. Record shows that suit proceeded further, the plaintiff has adduced evidence. Matter was reached to the stage of argument. At that time on 29.06.2022 the advocate for the defendant appeared and filed vakalatnama. The plaintiff has strongly opposed to set aside the order dated 16.09.2021. He referred the proceeding of LE SU No.80/2018 filed before Small Causes Court. According to the plaintiff the defendant had knowledge about the suit but she deliberately remained absent. Considering the rival contentions of the parties and also considering the facts on record it is noticed that suit summons was served by mode of substituted service of summons. Summons was not physically served on the defendant. It was served by alternative mode. Hence, I am of the view that opportunity shall be given to the defendant. It is also noticed that the defendant appeared but failed to take further steps for filing written statement. Hence, Considering the reasons stated in the motion I am of the view that motion shall be allowed but subject to costs. Hence, I pass the following order.
ORDER
1. Notice of Motion No.2819/2022 is allowed subject to costs of Rs.5,000/- (Rupees Five Thousand Only).
2. Order dated 16.09.2021 directing the suit to proceed ex-parte against the defendant is set aside.
3. Costs shall be paid to the plaintiff on or before next date.
4. On due compliance as to payment of costs the written statement shall be taken on record.
5. Notice of Motion No.2819/2022 is disposed of accordingly.
Matter adjd to 21.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: Adv. Amol Ransingh for plaintiff present.
Adv. Rahul Gada for defendant present and tendered compliance affidavit regarding order dtd. 03-05-2023 t.o.r. marked as Exh.32
Matter is adjd.to 26-09-2023 for step by plaintiff
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Adv. Shingade for plaintiff present and filed vakalatnma t.o.r. marked as Exh.33
He also filed list of document along with death certificate of plaintiff t.o.r. marked as Exh.34
He also filed draft C/S  with supporting affidavit t.o.r. - O- Leave is granted to register the draft  C/S .
None for defendant
Matter is adjd.to 27-10-2023 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Deepika Kharat for plaintiff present and filed registered C/S No. 1764/23 along with affidavit in support t.o.r.
Adv. Rahul Gada for defendant present.
Matter is adjd.to 11-12-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Adv. for plaintiff present.
None for defendant
Order in C/S No. 1764/23-
The applicant Nada Khwaja Mohd. Sayyed has taken out the present C/S for bringing him as a legal representative of the deceased plaintiff on record and also to add Rahat  Arshad Sayyed, other legal representative of the deceased plaintiff as a defendant no. 2 since he refused to be brought on record as a LR of deceased plaintiff. The defendant offered no objection for allowing the C/S as sought for. In the affidavit in support of the C/S the applicant stated that the original plaintiff Miss Halima expired on 30-07-2023. It is further stated that the applicant, the defendant and the proposed defendant no. 2 Rahat are the niece of the deceased plaintiff. The suit is for a decree of declaration, injunction and cancellation of gift deed dtd. 02-09-2016 in respect of the suit premises. The present C/S is tendered on 26th September , 2023. Considering the contentions made in the affidavit in support and no objection offered by the defendant, I find no just ground to dismissed the C/S. Hence, the C/S is made absolute in terms of prayer clause (a) and (b). The applicant shall do the needful accordingly on or before next date.
Matter is adjourned to 29-01-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: None for Plaintiff present.
None for defendants present.
Matter stands adjourned on 22.04.2024 for compliance/amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 19.07.2024 for amended copy of the
plaint/compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: None for plaintiff present.
None for defendant present.
Plaintiff is absent since last 3 dates and has not taken any steps for proceeding with suit. It appears that plaintiff is not interested in proceeding with case. Hence, matter posted for dismissal order.
Matter stands adjourned on 13/09/2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: Adv. Ramanand Sikwal along with plaintiff present and filed service affidavit. Taken on record.
None for defendants present.
Adv. for plaintiff requested for grant of time to make substitute service.
Matter adjourned for taking steps.
Matter stands adjourned on 21/10/2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: Plaintiff present.
None for defendant present.
Matter stands adjourned on 14.01.2025 for taking steps.
Later on at 11.40 a.m. Adv. Ramanand G. Sikhwal for plaintiff present and requested for issuance of writ of summons upon defendant no.2.
Issue writ of summons to Defendant no.2 through court bailiff and R.P.A.D.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Plaintiff alogwith Adv. Deepika Gharat h/f. Shingare present. Seeks extension. Order - Extension is granted.
None for defendant present.
Matter stands adjourned on 22.04.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: Adv. R. Sikwal along with plaintiff present and seeks extension of time for service of writ of summons on defendant No.2. Extension is granted.
None for defendant present.
Matter stands adjourned on 16/07/2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: Adv. Ramanand Sikhwal for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Ramanand Sikhwal for plaintiff present.
None for defendant present.
Adv. for plaintiff filed service affidavit. O-Read and Record. Taken on record and marked as Exhibit-35.
Matter stands adjourned on 21/08/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: P.O.is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Adv. Ramanand for plaintiff present.
None for defendant present.
Adv. for plaintiff submitted that plaintiff settlement talks are going on between parties and matter is likely to settle amicably therefore short time may be granted. Time granted on oral request.
Matter stands adjourned on 22/09/2025 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: Plaintiff present his Adv. absent.
None for defendant present.
Keep Back.
Later on.
Adv. Rutuja Hajare along with plaintiff present.
None for defendant present.
The plaintiff is failed to file service affidavit of writ of summons and filled to take steps to proceed with the matter. So matter is kept for steps to be taken by the plaintiff. The defendant fail to comply the order dated 03/05/2023. Costs not paid till date as appears from the roznama so suit to proceed without written statement of defendant No.1.
The suit summons returned unclaimed filed with exhibit-35 the affidavit of service it means the summons duly served upon the defendant No.1 which were sent on the correct address through post that is by RPAD.
Suit to proceeded ex-parte against defendant No.2. Parties to take note.
Matter stands adjourned on 15/12/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Adv. Dipika along with plaintiff present.
Adv. Asif Menon for defendant No.1 present filed vakalatnama. O-filed. Taken on record and marked as Exhibit-36.
Adv. for defendant No.1 and filed draft Notice of Motion along with affidavit. Leave granted to register it. Copy served upon other side.
None for other defendant present.
Matter stands adjourned on 16/02/2026 for reply, and filing registered Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: Adv. Dipika Kharat for plaintiff present and filed reply to Notice of Motion No.295/2026. Taken on record.  Copy served upon other side.
Adv. Asif Menon for defendant present and submitted registered Notice of Motion No.295/2026 along with affidavit. Taken on record.
Matter stands adjourned on 16/03/2026 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: Adv. Deepika Kharat for plaintiff present.
On the request of Adv. for plaintiff matter is adjourned.
Adv. Asif Memon for defendant present.
Matter stands adjourned on 06.04.2026 for hearing  as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: Adv. Nikita Bhogil for plaintiff present.
Adv. Asif Memon for defendant present.
Heard both sides.
Matter stands adjourned on 13-04-2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: Adv. Nikita Satish Bhogil for plaintiff present.
Adv. Aasif Memon for defendant present.
F R S R Order Passed NM NO.295 OF 2026
ORDER
1.The present Notice of Motion No. 295 of 2026 is made absolute subject to payment of additional cost of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to be paid to plaintiff on or before next date as condition precedent.
2.On payment of costs as per clause (1) above, impugned order dated 22.09.2025 in respect of proceeding without Written Statement against defendant No.1  shall be set aside.
3.On compliance of clause (1) above, the delay in filing Written Statement shall be condoned and the Written Statement filed by defendant No. 1 shall be taken on record.
4.The Notice of Motion No. 295 of 2026 is disposed of accordingly.
Matter stands adjourned on 05.05.2026 for compiance
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: Adv. Nikita Bhogil b/f Adv. Mahendra Shingade for plaintiff present.
Adv. Asif Memon for defendant present and filed pursis. TOR Exhibit- 37 O-Seen.
Cost paid, pursis filed regarding payment of cost. Plaintiff Adv. has acknowledge the receipt of cost. Order passed in Notice of Motion is complied. The written statement of defendant. TOR. It is marked as Exhibit- 38 O- Read and Record
Matter stands adjourned on 01-09-2026 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: Adv. Nikita Satish Bhogil h/f Adv. Mahendra Shingade for plaintiff present and sought time for filing draft issues.  Time granted.
Adv. K.S. Misra for defendant present.
Matter stands adjourned on 17-11-2026 for  filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-11-2026

NOTICE OF MOTION/104635/2019
NOTICE OF MOTION/102819/2022
CHAMBER SUMMONS/100449/2021
CHAMBER SUMMONS/101764/2023
NOTICE OF MOTION/100295/2026

Registration Number: 101740/2018
Transfer Date: 11-04-2019
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101740/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 101740/2018
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 105250/2018
Filing Date: 12-04-2018
First Hearing Date: 27th July 2018
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE