Mrs. Shaila Vishram Boricha +1 moreVsMrs. Jaainnatunisha Kamal Ansari +1 more

Date: 22-07-2019
Business: Adv. Varsha Yadav for Plaintiff present.
Ex.2 Adv. Noorjahan filed V/n for defendant no.1 t.o.r.
Issue writ of summons against defendant no.2 for settlement of issues and filing written statement through Bailiff on payment of process fees.
Defendant no.1 to file WS within prescribed period of 30 days from date of service of writ of summons.
Adj for WS and service to 13.09.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: By Precipe.
Adv. Sartaj Pathan for defendant no.1 present.
Draft NM filed by Adv for defendant no.1 t.o.r.
Leave is granted to register it.
Copy be served to Plaintiffs.
Already adj to 13.09.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Court is on leave, Hence matter adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Plaintiff and adv. Absent.
Defendant present.
Defendant tendered register NM 3397/19 t.o.r.
KB
LO
Adv. Sartaj Pathan for defendant no 1 present.
Defendant no 1 is directed to file affidavit of service.
Adjd. for service to 22.11.2019.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv.C. J. Chawan for plaintiff present.
Adv. Sartaj Pathan for defendant no 1 present.
Original Writ of summons filed by adv for plaintiff.
Service of Writ of summons upon defendant no 2 through defendant no 1 can not be said to be good service.  Plaintiff is directed to take steps for service of Writ of summons upon defendant no 1.
Say filed by plaintiff on NM 3397/19.
Heard counsel for both parties.
KB
LO
FRSR following order is passed in NM No.3397/19.
ORDER
1. Notice of Motion No.3397 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Defendant No.1 is directed to file her written statement within period of two weeks from the date of this order.
3. Accordingly, notice of motion is disposed off.
Ex 3 written statement filed by defendant no 1 t.o.r.
Adjourned for direction to 13.12.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. C.J. Chawan for plaintiff present.
Adv. Nasim Khan for defendant no 1 present.
Adv. for plaintiff prayed for extension of time for service of Writ of summons through bailiff and by RPAD , Allowed.
Copy of W/s of defendant no 1 is supplied to the plaintiff.
Adjourned for service report 6.02.2020
Next Purpose: REPORT
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Plff no. 1 and 2 present.
Adv C. J. Chavan for plff present.
Deft no. 1 absent.
Deft no. 2 present.
Adv Manasi Jaiswal for deft no. 2 present.
Exh 04 - She filed VP. t.o.r.
She seeks time to file WS.
Matter stands Adj for WS of deft no. 2 to 20/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Written Statement to 13.04.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present.
Matter stands Adj for Written Statement to 16.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv Chandrasen Chauhan for plff present.
Matter stands Adj for Written Statement to 20/03/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv C. J. Chavan for plff present.
He tendered draft CS for bringing LR\''s of deft no. 1 on record. t.o.r.  Leave to register granted.
Heard Adv for the plff.  He submitted that deft no. 1 is expired on 01/01/2020 and inspite of making correspondence with Adv for deft no. 1, he has not supplied the legal heirs of deft no. 1.
Hence plff obtained death certificate of deft no. 1. Correspondence made with Adv for deft no. 1 is filed on record along with postal receipts and acknowledgement.
Suit is for partition of immovable property.  Plffs and defts are real sisters.  Hence cause of action survives to legal heirs of deft no. 1.
Under the facts and circumstances draft CS –------ /2021 is allowed and made absolute in terms of prayer clause (a) and (b).
Prayer clause (c) is not pressed at this stage.
Plff to carry out amendment within 14 days from the date of this order.
Draft CS ------ /2021 is disposed of.
Plff to serve copy of amended plaint on original defts and proposed defts.
Plff to register draft CS for statistical purpose.
Matter stands Adj for Compliance to 03/05/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid -19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv C. J. Chavan for plff present.
He seeks time for compliance.  Granted.
None for deft.
Matter stands Adj for Compliance of order dated 20/03/2021 to 21/10/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv C. J. Chauhan for plff present.
He seeks time to file affidavit of service.  Granted.
Matter stands Adj for Affidavit of Service to 20/12/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv C. J. Chavan for plff present.
He seeks time to file affidavit of service.  Granted.
None for deft.
Matter stands Adj for Affidavit of Service to 11/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Plffs present.
Adv C. J. Chavan for plff present.
He submitted that deft no. 1a and 1b are not found on their addresses.  Hence he seeks time to serve writ of summons on deft no. 1a and 1b on their new addresses.  Adjournment granted.
Matter stands Adj for Affidavit of Service to 01/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Chandrasen Chauhan for plaintiff present.
He request service of amended plaint through bailiff. Prayer allowed. copy be serve to bailiff on defendant no. 1a and 1b. Copy of amended plaint serve on defendant no. 2.
Adv. Suman Gupta for defendant no. 2 present.
Matter is adjd for affidavit of service at request of plaintiff advocate to 09/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv. Chandrasen Chavan for plaintiff present.
He seek time for filling affidavit of service. Time granted.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 19/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: Adv.  Aarti Chavan h/f Chandrasen Chauhan for plaintiff present.
She seek time for affidavit of service. Time granted.
None for defendant present.
Matter adjourned for affidavit of service to 16/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 04.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 21.09.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: Both parties and advocate absent.
Matter adjourned for Affidavit of service on 03.11.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Both parties and advocate absent.
Matter adjourned for Affidavit of service on 12.02.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 08.04.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Both parties and advocate absent.
Matter is adjourned for affidavit of service on 01.08.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Both parties and advocate absent.
The roznama shows that the matter is pending for filing of service affidavit since 21.10.2021. However plaintiff has not taken any effective steps to submit the same. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to take effective steps otherwise matter will be dismissed for default.
Matter is adjourned for Dismissal on 29.08.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: Both parties and advocate absent.
In view of order passed on 01.08.2024, Suit no. 1637 of 2019 is dismissed for default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-08-2024

CHAMBER SUMMONS/100621/2021
NOTICE OF MOTION/103397/2019

Filing Number: 105182/2019
Filing Date: 26-04-2019
First Hearing Date: 22nd July 2019
Decision Date: 29th August 2024
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE