Date: 11-06-2018
Business: None for plaintiff.
Issue witness summons to defendants through bailiff and registered post.
Matter adj. for Affidavit of Service to 19.09.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-07-2018
Date: 04-07-2018
Business: By Preceipe
Adv. Mr. Satish Rahade for plaintiff present.
Time granted to serve writ of summons.
Already adjd. to 19/9/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Not on Board Taken on Board By Precipe
Adv. Abhay Singh for D-1 present and filed VP on behalf of D-1.
He also filed written statement of D-1. He undertakes to supply the copy to the other side before next date.
Matter already adj to 19.9.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: None for plaintiff.
Adv. Ms. Gupta for D-2 present and filed VP on behalf of D-2.
Adv. Ms. Amita Band for applicant present and filed VP on behalf of applicant.
She also filed draft chamber summons alongwith affidavit. She undertakes to serve copy to the other side.
O- Leave granted to register chamber summons.
Four weeks time granted to D-2 to file written statement.
Plaintiff is directed to file affidavit of service in respect of D-3 to 5.
Matter adj. for Affidavit of Service and Compliance to 27.11.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Adv. Haridas for plaintiff present and filed affidavit of service.
Adv. Vipin Kamdi ib Mr. Sagar Dusane for D-3 to 4 present.
Adv. Ms. Megha Gupta for D-2 present and filed application for condoning delay in filing written statement. Copy served to other side just now.
The applicant in CS is directed to serve the chamber summons to all the parties. Time extended for registration of CS.
Matter adj. for Filing Say on Exh.__ and Compliance to 07.03.2018.
Next Purpose: FILING SAY
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Not on Board Taken on Board By Precipe
Adv. Rahade for plaintiff present.
Adv. Ms. Megha Gupta for D-2 present.
Adv. Vipin Kamdi ib Adv. Sagar Dusane for D-3 to 5 present and filed VP on behalf of D-3 to 5.
Ld. Counsel for plaintiff submits that he has no objection if the written statements filed by D-2 and D-3 to 5 are taken on record by condoning the delay. Hence the delay in filing written statement is condoned and written statement of D-2 and D-3 to 5 are taken on record.
Matter already adj. to 07.03.2019.
Next Purpose: FILING SAY
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Resumed.
Adv. Amita Band for applicant tendered registered Ch/s No. 1798/2018. TOR.
The P.O. is busy in hearing NM arguments in Suit No. 3650/2009 and 3666/2009.
Adjd for filing say to 22.04.2019.
Next Purpose: FILING SAY
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Resumed.
The P.O. is busy in recording evidence in High Court time bound matter i.e. suit no. 89/2015. For want of time the board is discharged.
Adjd for filing say to 25.07.2019.
Next Purpose: FILING SAY
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Pratik Rahade for plaintiff present.
Adv. Desai for deft. no. 2 present.
Adv. for deft. nos. 3 to 5 present.
Adv. for applicant in chamber summons present.
Plaintiff and deft. no. 3 to 5 submitted separate reply to chamber summons no. 1798/18. O-R and R.
Applicant to chamber summons to supply the copy of chamber summons to deft. no. 2
Adjourned for reply of defendant no. 2 to chamber summons to 24.9.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 24-09-2019
Date: 25-07-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Haridas for plaintiff present.
Adv. Desai for defendant no. 2 present.
Adv. Vipin Kamdi for defendant nos. 3 to 5 present.
Adv. Bhujbal for applicant in chamber summons present.
The Ld. counsel for the plaintiff brought to the notice that in Transfer Application 05/19, the Hon\''ble Principal Judge was pleased to transfer the present suit to this court as the other pending suit i.e. 2399/17 was pending with the file of this court. It is informed that during the transfer of senior citizen matters to C.R no. 9, suit no. 2399/17, pending with the file of this court, was transferred to C. R. .9. He would submit that both the matters are connected mattes and required to be tried by the same predecessor. Hence Registrar civil to place this matter before the Hon\''ble Principal Judge for appropriate direction and order. The applicant/ intervener failed to serve the defendant no. 2 the copy of Chamber Summons in spite of the order of this court. Last chance is granted to the applicant to serve the copy of chamber summons to defendant no. 2. In case of failure to comply the order, appropriate order will be passed.
Adjourned for affidavit of service of chamber summons and reply to chamber summons to 4.11.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2019
Date: 24-09-2019
Business: Adv. Haridas for plaintiff present.
Adv. Desai for defendant no. 2 present.
Adv. Vipin Kamdi for defendant nos. 3 to 5 present.
Adv. Bhujbal for applicant in chamber summons present.
The Ld. counsel for the plaintiff brought to the notice that in Transfer Application 05/19, the Hon\''ble Principal Judge was pleased to transfer the present suit to this court as the other pending suit i.e. 2399/17 was pending with the file of this court. It is informed that during the transfer of senior citizen matters to C.R no. 9, suit no. 2399/17, pending with the file of this court, was transferred to C. R. .9. He would submit that both the matters are connected mattes and required to be tried by the same predecessor. Hence Registrar civil to place this matter before the Hon\''ble Principal Judge for appropriate direction and order. The applicant/ intervener failed to serve the defendant no. 2 the copy of Chamber Summons in spite of the order of this court. Last chance is granted to the applicant to serve the copy of chamber summons to defendant no. 2. In case of failure to comply the order, appropriate order will be passed.
Adjourned for affidavit of service of chamber summons and reply to chamber summons to 4.11.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Pratik Rahate for plaintiff present.
Adv. Desai for defendant no. 2 present.
Adv. Khan for deceased defendant no. 1 present.
The ld. counsel for deceased defendant no. 1 submitted that original defendant no. 1 expired on 4.2.2019. Plaintiff to take steps, if permissible under law.
Sheristedar to inform the office about the order dated 24.9.2019.
Adjourned for steps to 15.1.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2020
Date: 04-11-2019
Business: Adv. Pratik Rahate for plaintiff present.
Adv. Desai for defendant no. 2 present.
Adv. Khan for deceased defendant no. 1 present.
The ld. counsel for deceased defendant no. 1 submitted that original defendant no. 1 expired on 4.2.2019. Plaintiff to take steps, if permissible under law.
Sheristedar to inform the office about the order dated 24.9.2019.
Adjourned for steps to 15.1.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Advocate Mr. Wasim Ansari for Plaintiff present and filed registered Notice of Motion no.2267/2019 with affidavit in support, t.o.r.
Advocate Ms. Deepti Mehta for Defendant no.1 present and sought time to file reply to Chamber Summons no.2267/19.
Advocate Mr. Desai for Defendant no.2 present
Third party applicant who has taken out Chamber Summons no.1798/18 and his advocate absent. Advocate for Defendant no.2 sought time to file reply to Chamber Summons. Time granted.
Case is adjourned to 26/03/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2020
Date: 15-01-2020
Business: Advocate Mr. Wasim Ansari for Plaintiff present and filed registered Notice of Motion no.2267/2019 with affidavit in support, t.o.r.
Advocate Ms. Deepti Mehta for Defendant no.1 present and sought time to file reply to Chamber Summons no.2267/19.
Advocate Mr. Desai for Defendant no.2 present
Third party applicant who has taken out Chamber Summons no.1798/18 and his advocate absent. Advocate for Defendant no.2 sought time to file reply to Chamber Summons. Time granted.
Case is adjourned to 26/03/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2020
Date: 26-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/03/2021 for
Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv Mr.Wasim Ansari for plff present
Adv Mr.M.A. Khan deft No.1 present and seeks time to file reply to the Ch/s taken out by the plff and also by the third party applicant. He submitted that copy of reply will be served in advance on the ld adv. for the plff.
Adv Mr. Ramesh Mandal for third party applicant present.
By consent, Matter is adjd. for Ch/s reply to 23.04.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv. Ramesh Mandal present for the applicant in Chamber Summons No.1799 of 2018.
None present for plaintiff and defendant.
Considering the present Pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till 07/09/2021.
Judge
LO at 11.30 a.m.
Adv. Shri. Wasim Ansari for the plaintiff present and brought to the notice that mistake has occurred in roznama dated 15.01.2020 that registered NM No.2267 of 2019 is tendered in the court on that day by him and in fact, registered Chamber Summons No.2267 of 2019 was tendered in court by him on that date. Having gone through the further contents of the said roznama, I found substance in his submission.
None present for the defendant.
Next date in the matter is already given as 07/09/2021 and advocate for the third party applicant was only present that time. Learned advocate for the plaintiff requested to give shorter date by submitting that he will intimate the changed date to the advocate for the applicant and advocate for the defendant. Since learned advocate for the plaintiff is ready to intimate the change in date to the advocate for the applicant and defendant, date is preponed.
Matter be kept on 05.08.2021 with direction to the advocate for the plaintiff to intimate the change in date to the advocate for the applicant and defendant.
Authenticated copy of the roznama be given to the advocate as per rule.
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Mr. Wasim Ansari for plff present.
Adv Mr. Khan for Deft No.1 present and seeks time to file reply to Ch/s No. 2267/2019.
Adv Ms. Anuja Jhunjunwala for deft No. 2 present and seeks time to file reply by submitting that copy of ch/s is servedon her today itself. O- Time to file reply is granted to the deft Nos.1 and 2 in Ch/s No.2267/2019.
Adv Mr. Vipin Kamdi i/b Adv Dusane for D3 to D5 present and submitted that he has already filed reply to Ch/s No.2267/2019.
Matter is adjd. for ch/s reply to 03.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Mr Wasim Ansari for plff present.
Adv. Mr. M.A.Khan for proposed legal heirs deft No.1 present and seeks time to file Ch/s reply.
Adv Mr. Vendant Desai for deft No.2 present and he also seeks time to file reply.
None present for other defts.
Matter is adjd. for Ch/s reply to 11.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Mr. Desai present for plff.
Adv Ms. Mehta present for deft.
By consent matter is adjd. with connected suit No.2399/17 to 16.12.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv Ms. Mehta present for deft present.
Adv Ms. Patel for deft No.2 present.
Adv Mr. Vipin Kamdi i/b Adv Sagar Dusane for deft No.3 to 5 present.
Court is busy in Judgments in suit No.3022/2018 and 1296/2019 hence, this matter is adjd. to 04.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv Mr. Wasim Ansari present for plff.
Adv Mr. M.A. Khan present for deft.No.1 and gave oral undertaking that he will file vakalatnama on behalf of the proposed legal heirs of deceased deft No.1. His oral undertaking is accepted. He endorsed on Ch/s No.2267/2019 that heirs of deft No.1 have no objection to allow the ch/s.
Other defts failed to file reply.
Heard.
The statement made in the affidavit filed in support of the Ch/s about causing death of deft No.1 is supported by the copy of death certificate produced in connected suit No.2399/2017 which shows that deft No.1 has expired on 04.02.2019. It does not appear that the delay in bringing on record HLRs of deceased deft No.1 is intentional. Considering it and the no objection endorsed on the ch/s by the ld. Advocate for the proposed legal heirs of deceased deft No.1, Ch/s No.2267/2019 is allowed in terms of its prayer clauses “a” to “c”. Plff to carry out amendment as per the schedule within two weeks from today.
Adv for the plff endorsed on Ch/s No.1798/2018 that plaintiff has no objection to allow the ch/s subject to consent terms to be filed on next date. Adv for deft No.1 has also endorsed no objection on the said Ch/s. As nobody is present for the applicant in said ch/s, it be kept for hearing on next date.
Matter is adjd. for ch/s hearing to 12.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. Ramesh Mandal h/f ad. Asmita Band present for plff.
None present for deft.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. at same stage till next date.
Matter is adjd. for CS hearing to 11/3/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 11-03-2022
Date: 12-01-2022
Business: Adv. Ramesh Mandal h/f ad. Asmita Band present for plff.
None present for deft.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. at same stage till next date.
Matter is adjd. for CS hearing to 11/3/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: None present for plff.
Adv Ms. Neha Sawant present for deft.No.2.
As nobody is present for applicant in Ch/s No.1798/2018, said ch/s be kept for order.
Matter is adjd. for order to 14.06.2022.
Next Purpose: ORDER
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: By precipee.
Advocate Wasim Ansari present for the plff.
Adv M.A. Khan present for HLRs of deft No.1.
None present for applicant.
On request of adv for the plff, date in the matter is preponed. This matter be taken up on 19.04.2022 with connected suit No.2399/2017.
Adv for plff to intimate the applicant about change in the date.
Matter is adjd. for ch/s hearing to 19.04.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv Mr. Wasim Ansari present for plff.
Adv Mr. D.Kapadia present for deft.No.2.
Adv Mr. Ramesh Mandal h/f Adv Mr. Khan for deft No.1 present and seeks adjournment by submitting that his senior advocate is unable to attend this Court today.
Adv for deft No.2 objected for adjournment however, for the reason stated by adv for deft No.1, matter is adjd. till next date as a last chance.
Matter is adjd. for Chs/ hearing to 07.06.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: By precipee.
Adv Mr. Wasim Ansari for the plff. and filed application Exh.10 for taking the case on today’s board. O-Allowed.
He also filed pursis at Exh.11 for withdrawal of the suit.
Adv Ms. Dipti Mehta h/f Adv Mr. Khan for deft No.1 present and endorsed no objection on pursis Exh.11.
Adv Mr. P.Kapdia for deft No.2 present and endorsed no objection on pursis Exh.11.
Adv Mr. Ramesh Mandal for deft Nos. 3 to 5 present and endorsed no objection on pursis Exh.11.
Ch/s No.1798/2018 of third party applicant for adding him as deft No.6 is pending in the matter for consideration.
Plff to serve said third party applicant with pursis Exh.11.
Plff is not present. On request of adv for plff, matter be kept on 02.05.2022 at 1.00 p.m. for order.
Next Purpose: ORDER
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv Mr. Wasim Ansari for the plff. and requested to allow him to carry out amendment in plaint as per order dt.04.01.2022 passed in ch/s No.2267/2019 by submitting that delay caused is not intentional and it has caused on account of the settlement talks which were in progress. For the reason stated by the ld. Adv for the plff, permission to carryout amendment as per order in Ch/s No.1267/2019 is granted. Amendment be carried out today itself.
K.B.
Judge
L.O.at 3.00 p.m.
Adv for plff present and submitted that amendment is carried out. He requested to pass order in view of the application for withdrawal of the suit filed on behalf of plff by submitting that CA of plff is present. Ch/s of third party applicant is pending on which, adv for plff has given no objection. Plff is directed previously to serve the applicant of said ch/s with application for withdrawal of suit. Plff to comply with said order.
Already adjd. to 07.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv.Wasim Ansari for plaintiff present.
Adv.Zenia Irani i/b.M. Mulla Associates for defendant No.2 present.
KB
LO at 05.10 pm,
Adv.Wasim Ansari for plaintiff present.
Adv.Jaywant Avhad for applicant in chamber summons No.1798/18 present.
The applicant-Manzoor Ahmed in ch/s. No.1798/18 filed pursis to allow the suit to be withdrawn. It is t.o.r. and marked as Exh.12.
Matter adjd to 27.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2022
Date: 07-06-2022
Business: Adv.Wasim Ansari for plaintiff present.
Adv.Zenia Irani i/b.M. Mulla Associates for defendant No.2 present.
KB
LO at 05.10 pm,
Adv.Wasim Ansari for plaintiff present.
Adv.Jaywant Avhad for applicant in chamber summons No.1798/18 present.
The applicant-Manzoor Ahmed in ch/s. No.1798/18 filed pursis to allow the suit to be withdrawn. It is t.o.r. and marked as Exh.12.
Matter adjd to 27.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: None for plaintiff.
Adv.Pooja Dhumal for all defendants present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 08.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2022
Date: 27-06-2022
Business: None for plaintiff.
Adv.Pooja Dhumal for all defendants present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 08.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv.Wasim Ansari for plaintiff present.
Adv.Navia Hashmi for deft.No.1 present.
Adv.T.Kapadia h/f.Adv.M.A.Khan for deft.No.2 present.
The pltff. filed appln. a/w.copy of consent terms to make corrections in pursis Exh.11 t.o.r. and marked as Exh.13.
Heard the pltff. Following order is passed on Exh.13.
ORDER BELOW EXH.13
It is the contention of the pltff that he has filed pursis for withdrawal of the suit. On 28.04.2022 at Exh.11 in the said pursis inadvertently appearance of plaintiffs advocate is mentioned as adv.for deft.No.2. The pltff wants to correct the said defect. Adv.Wasim Ansari is appearing for pltff. However, in the pursis Exh.11 it is wrongly mentioned as Adv.for deft.No.2. The pltff. is allowed to correct the error in pursis Exh.11.
In view of above order Adv.Ansari carried out corrections in Exh.11.
ORDER BELOW EXH.11
The pltff wants to withdraw the suit unconditionally in view of consent terms in SU No.2399/2017. As stated in roznama dated 28.04.2022, deft.No.1 to 5 have no objection for said withdrawal. The applicant Manzoor Ahmed Haji Nijamuddin vide pursis Exh.12 submitted his no objection to allow the pltff. to withdraw the suit.
As the pltff wants to withdraw the suit unconditionally and in view of consent terms in SU No.2399/2017, suit is require to be withdrawn. Hence, pursis Exh.11 is allowed. I proceed to pass order below Exh.1
ORDER BELOW EXH.1
Read the pursis Exh.11 and pursis Exh.12. The plaintiff wants to withdraw this suit unconditionally and in view of consent terms in SU No.2399/2017, the defendants have no objection for the same. Adv. appearing for deft.No.1(a) to 1(e) as submitted in roznama dated 04.01.2022 has not filed vakalatnama. However, considering the fact that parties have settled their dispute and in view of same the plaintiff wants to withdraw the suit, hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn.
2. Plaintiff is entitled for refund of fees as per rule.
ORDER BELOW CHAMBER SUMMONS NO.1798/18
In view of withdrawal of the suit and pursis Exh.12 filed by the applicant in chamber summons, I passed the following order.
ORDER
Chamber summons is dismissed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-08-2022