Nusrat Atharali Khan - Suit St. No. 4703/2020VsJaved S/o. Mohamed Sayeed Abbasi

Date: 05-12-2020
Business: Adv. Tripathi for plaintiff present and filed original NM No. 1633/20 alongwith affidavit. He also filed affidavit of service informing the court that on 25.11.2020 the Deft. No. 3, 4 and 5 have been served with copies of plaint, draft NM, affidavit by RPAD alongwith letter dated 24.11.2020 as per Exh. A and B filed on record. Track report of the postal Dept. is not available.
Ld. counsel for the plaintiff is directed to obtain track report of the Postal Dept. regarding delivery of envelopes to the Deft. No. 3, 4 and 5.
Matter stands Adj for awaiting track report/ appearance of Deft. No. 3, 4 and 5 to 29.01.2021
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate Rajesh Dixit for plaintiff present and sought time. Time is granted.
Plaintiff shall remove office objections on or before next date failing which further orders will follow.
The case is adjourned to 15.03.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Advocate Tripathi for plaintiff present and sought time to serve writ of summons on the defendants.
Issue writ of summons. R/o 27.04.2021.
The case is adjourned to 27.04.2021 for writ of summon.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Court is vacant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: PO is on leave in second session. Hence, Court is discharge.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Rajesh Dixit for plaintiff present.
None present for defendant.
As court is busy in recording evidence in SU No.7250/05.
Therefore, matter stands adjourned to 12.01.2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Matter called out at 3.08 p.m.
Adv. Tripathi for plaintiff present. He tendered affidavit of service a/w acknowledgment showing service is accepted by Deft. No.2 and 3 but the envelope containing the service upon Deft. No.4 returned with remark unclaimed and service upon Deft. No.5, remark shows demise. TOR. Exh.5-colly.
Plaintiff seeking time to take appropriate steps. Time granted.
None present for defendant.
Matter stands adjourned to 06.05.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: None present.
Matter stands adjourned to 27.07.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. V.R. Tripathi for plaintiff present. He tendered affidavit of plaintiffs for deleting Name of defendant No.5 a/w list of document of the plaintiff. T.O.R. marked as Exh.6 and Exh.7 respectively.
None present for defendant.
Legal heirs of defendant No.5 is already on record, hence the name of defendant no.5 be deleted from Suit a/w NM No.1633/20.
Plaintiff is directed to take steps to serve writ of summons upon Legal heirs of defendant No.5 that the name of defendant No.5 is deleted.
Matter stands adjourned to 20.09.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Rajesh Dixit for plaintiff present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 12.12.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Rajesh Dixit for plaintiff present.
Adv. Ravindra Singh for Deft. no.3 present. He tendered VP. TOR. Exh.08.
Plaintiff is directed to serve correct amended copy of plaint.
Matter stands adjourned to 13.03.2023 for service of amended plaint.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv. V. R. Tripathi for plaintiff present.
Adv. Ravindra Singh for defendant present.
By consent, matter stands adjourned on 11.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv. V. R. Tripathi for plaintiff present.
None present for defendant.
Matter stands adjourned on 08.06.2023 for NM hearing.
Later on at 3.06 p.m.
Plaintiff in person present.
Adv. Ravindar Singh for defendant No.3 present. He tendered
WS. TOR. Exh-09.
Matter already adjourned on 08.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Adv V. R. Tripathi a/w Plaintiff present.
Adv V.B. Tiwari for defendant no. 3 present and submits that he is not received the copy of NM . Adv for Plaintiff submits that he has serve the copy of NM along with the plaint. Hence, Plaintiff is directed to file affidavit of service to defendant no.3.
Exh. 10 - Affidavit of service to defendant no. 1 and 2 already t.o.r.  O- Inspite of service defendant no. 1 and 2 failed to appear hence, suit to proceed ex-party against defendant no. 1 and 2.
Exh.11 -  Affidavit of service to defendant no. 4 and 5 with envelope with remark unclaimed on notice of defendant no. 4 and deceased on the notice of defendant no.5  O-  Inspite of service defendant no.4 failed to appear hence, suit to proceed ex-party against defendant no. 4.
Vide Exh. 7 Plaintiff has filed affidavit to delete the name of defendant  no. 5 as deceased as the legal heirs already on record by order dtd. 27.07.2022 the name of defendant no. 5 was allowed to be deleted from the suit.
Plaintiff under take to serve copy of NM to defendant no. 3.
Matter stands adjourned on 05-07-2023 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
By precipe.
Adv S.S. Kharat for Plaintiff present and filed precipe for matter taking on today’s board. O- Allowed. He tendered draft NM. O- Leave is granted to register. Draft NM handed over to plaintiff for registration.
Matter stands adjourned on 02.08.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Main suit adjd to 01.09.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Adv Rajesh Dixit for Plaintiff present
Adv Ravindra Singh for defendant present.
Exh.12 Adv for Plaintiff filed application for extension of time for amendment. O- Time granted as last chance.
Matter stands adjourned on 26-10-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Adv Dixit present for Plaintiff.
Adv Ravindra Singh present for Defendant no.3.
Exh. 13 affidavit of service filed service of Defendant no. 3. TOR. Duly served on defendant no. 3.
Matter stands adjourned on 11-12-2023 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Advocate Rajesh Dixit present for Plaintiff.
Advocate Tiwari present for Defendant no. 3 and filed reply to NM No. 1633/2020. Taken On Record. Copy served to the plaintiff.
Matter stands adjourned on 26-02-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
By preceipe.
Adv. Rajesh Dixit for plaintiff present and filed adfrt Notice of Motion alognwith affidavit in support.
Leave granted to regerter notice of motion.
Preceipe moved by advocate for plaintiff.O- Allowed to take on todays board. T.o.r. and marked as Exh.14.
Adv. Ravindra Singh for defendant nos.3 and 4 alongwith defendant No.3 in person present.
Adv. Sohel Ahmmed for third party KSA reality present and filed pursis stating that his Vakalatnama through advocate will be filed on next date. t.o.r. and marked as Exh.15.
Copy of draft NM served to other side.
Matter adjourned for reply by defendant to 26-02-2024.
                                                                             Judge
IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Pritee Tapdia for DH present.
None for defendant/JD.
Heard advocate by DH on CHS 954/23.
Matter adjourned for CHS argument by JD to 26-02-2024..
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: P. O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Tripathi for plaintiff present and filed registered Notice of Motion No.567/24 alongwith affidavit in support t.o.r.
Adv. Devki Shahu for all defendant No.3 present and orally sought time to file reply on next date. O- Time granted.
None for defendants No 1,2 and 4.
Matter adjourned for  NM No. 1633/20 and  567/24 for reply     to 12-06-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Tripathi alongwith plaintiff present.
Defendant No.2 in person present.
Adv. Ravindra Singh for defendant No.3 present.
None for defendant Nos.1 and 4.
Matter adjourned for filing reply to NM No.567/24 by all defendants and NM No.1633/20 by the defendant Nos.1, 2 and 4      to 15-07-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: The Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present. Her advocate is absent. She seeks time.
None for defendant.
Matter is adjourned for NM reply to 10.10.2024.
Later on, at 3.38 p.m.
Adv. Ravindra Singh for defendant No.3 is present.
Matter is already adjourned for NM reply to 10.10.2024.
Next Purpose: REPLY
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Both the plaintiffs alongwith their advocate Rajesh Dikshit are present.
Adv. Ravindra Singh for defendants No.2 and 3 is presnt.
Matter adjourned for NM reply  to 28-11-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: Both the plaintiffs a/w their Adv. Rajesh Dixit are present.
Defendant No.2 is present.
Adv. Ravindra Singh for defendants No.3 and 4 is present and filed VP. TOR. Marked as Exh-16. He seeks time to file reply.
None for other defendants.
Nobody for respondent in NM No.567/2024.
Matter adjourned for NM reply to 20.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiffs No.1 and 2 along with their Adv. V. R. Tripathi is present. He seeks time to tender draft CS.
Defendant No.2 is present.
Adv. Ravindra Singh for defendants No.3 and 4 is present. He seeks time.
None for other defendants.
Adv. Sohail Ahmed for Respondent in draft CS which is served upon him by advocate of plaintiffs is present.
Matter adjourned for NM reply and tendering draft CS to 27.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Plaintiff a/w her Adv. V. R. Tripathi is present. He tendered draft CS a/w affidavit in support. TOR. O- Leave is granted to register. Copy is served upon Adv. Ravindra Singh for defendants No.3 and 4 today. Ex-parte against defendants No.1 and 2. Defendants No.3 and 4 a/w their Adv. Ravindra Singh are present. Adv. Umar Dalvi i/b Adv. Hardik Desai for respondent in draft CS is present and filed his VP. TOR. O- Seen and filed. He also filed reply to draft CS. TOR. O- Seen and filed. Copy is served upon advocate of plaintiff and advocate of defendants No.3 and 4. Matter adjourned for tendering draft CS to 31.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2025

Date: 31-01-2025
Business: Plaintiff is present. Her adv. is absent as he has to undergo  medical check-up. She tendered registered CS No. 215 of 2025. She also tendered affidavit in rejoinder in CS No. 215 of 2025. TOR. O-Seen and filed. Copy is served on respondent in CS.
Adv. Abdullah i/b Adv. Hardik Desai for respondent in CS is present.
Defendants no. 2 and 4 are present.
Matter adjourned for CS hearing and reply to NM to 07.02.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: Plaintiffs No.1 and 2 a/w their Adv. Tripathi are present. He tendered draft CS a/w affidavit in support. TOR. O- Leave is granted to register. Copy is severed upon Adv. Sohail Ahmed h/f Adv. Rajendra Rathod for respondent No.1. Copy be served upon respondent No.2.
Adv. Tripathi not pressed CS No.215/2025. Hence it stands disposed off.
Defendant No.2 in person is present.
Adv. Neha Pandey for defendants No.3 and 4 is present.
Adv. Sohail Ahmed h/f Adv. Rajendra Rathod for respondent in CS No.215/2025 is present.
Matter adjourned for  tendering registered CS by plaintiffs, for filing reply to it by respondent No.1 and for filing affidavit of service by plaintiffs to 03.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: Both the plaintiffs a/w their Adv. V. R. Tripathi are present. He tendered registered CS No.487/2025 a/w affidavit in support.
Adv. Ravindra Singh for defendants No.3 and 4 is present.
Adv. Hardik Desai for respondent in CS No.487/2025 is present. He seeks time to file reply. Though advocate for plaintiffs has objection, last chance is granted to respondent till 10.03.2025.
Matter adjourned for filing reply by respondent and defendants No.3 and 4 to CS No.487/2025 to 10.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: Both the plaintiffs a/w their Adv. Rajesh Dixit are present.
Defendant No.2 is present.
Adv. Ravindra Singh for defendants No.3 and 4 is present. He seeks time.
Adv. Hardik Desai for respondent in CS No.487/2025 is present. He filed reply overleaf to CS No.487/2025.
Matter adjourned for filing reply to CS No.487/2025 by defendants No.3 and 4 to 24.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: The Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: Adv. Rajesh Dikshit for plaintiff is present.
Adv. Ravindra Singh for defendant No. 3 and 4 is present and sought time to file reply.
Adv. Abdulah h/f Adv. Desai for proposed defendant.
O- Time is granted as last chance with direction that copy of reply to be served well in advance so that on given date matter can be heard.
Matter adjourned for say/hearing on CS to 17.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: PO is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: At 12.15 p.m.
Adv. Ravindra Singh for defendants No.2 and 3 is present.
K.B.
Later on at 3.16 p.m.
Plaintiff a/w Adv. V. R. Tripathi is present.
Adv. Umar Dalvi i/b Adv. Hardik Desai for proposed defendant is present.
None for defendant No.3 and 4.
Defendant No.3 and 4 has not filed reply to CS. As such CS No.487/2025 to proceed without reply of defendants No.3 and 4.
Matter adjourned for CS hearing to 08.09.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Adv. Tripathi for plaintiff is present and sought time.
Adv. Sohail Ahmed a/w Adv. Hardik Desai for respondents is present.
Adv. Ravindra Singh for defendants No.2 and 4 is present.
Matter adjourned for CS hearing to 29.10.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. Tripathi is present.
Defendants No.3 and 4 a/w Adv. Ravindra Singh is present and sought time.
Matter adjourned for hearing on both NMs to 29.11.2025.
                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Rajesh Dixit for plaintiff is present.
Adv. Ravindra for defendant no. 3 and 4 present.
Adv. Ansari Modssir Siraj h/f Sohail Ahmed for respondent present.
Adv. for respondant short time to argue hearing on NM and C/S.
Matter adjourned for hearing on NM and C/S
to 12-01-2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. V. R. Triapthi is present.
None for defendant.
Order below CS No.487/2025.
The plaintiffs desire to join M/S K. S. A. Associates as defendant to this Suit. It is contention of the plaintiff that the building Farooque House (Rehmat Mazil) in which suit flat No.8 is situated is undergoing redevelopment and proposed defendant is undertaking said redevelopment. Therefore M/S. K. S. A. Associates is necessary and proper party to the suit. The plaintiff prayed accordingly.
The respondents endorsed their reply on the CS and opposed this application. The respondents submitted that  M/S K. S. A. Associates is not necessary and proper party.
I have heard Ld. Counsel of plaintiff. I think  M/S K. S. A. Associates is a proper party to this litigation. Its presence is necessary for effective implementation of the orders passed by this Court. Hence I pass following order.
ORDER
    1. CS No.487/2025 is allowed.
    2. Plaintiff to carry out necessary amendment within 4 weeks from today.
    3. CS No.487/2025 is disposed off.
Matter adjourned for compliance and NM hearing to 26.03.2026.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. Tripathi is present.
Adv. Ravindra Singh for defendants No.2 and 3 is present.
Matter adjourned for NM hearing to 15.06.2026.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. V. R. Tripathi is present and seeks time to take necessary steps. O- Granted.
None for defendant.
Matter adjourned for taking steps to 13.07.2026.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: Adv. Rajesh Dixit for plaintiff present.
None present for defendant.
Adjourned for hearing on NM to 30.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: Plaintiff present.
Defendant No.2 present.
Adv. Rajesh Dixit for the plaintiff present.
Adv. Ravindra Singh for the defendant No.3 and 4 present.
Seek time for hearing
Remaining defendants absent.
Matter is adjourned by consent for hearing.
Adv. for the plaintiff tendered Register NM along with affidavit.
He seeks time.
Motion is served to defendant No.2 and3
Adjourned for reply of defendant No.2 and 3.
Matter adjourned for Reply of defendant no.2 and 3 and service of defendant no.6 to 03/09/2026
Next Purpose: SERVICE
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Adv. Rajesh Dixit for the plaintiff is present.
None for defendant.
The plaintiff filed service affidavit regarding the service to defendant No.6
Matter adjourned for reply to NM to 01/10/2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2026

Registration Number: 101633/2020
Transfer Date: 18-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101633/2020
Transfer Date: 10-07-2026
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 105519/2020
Filing Date: 06-11-2020
First Hearing Date: 05th December 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE