Mrs. Bilkis Mohammed EbrahimVsMr. Zaffer Ahmed Kassam +3 more

Date: 04-10-2021
Business: Adv. Jitendra Rajguru for plaintiff is present.
Issue summons to the defendant on payment of necessary process fees to be paid within three days for settlement of issues and filing of WS.
Adv.for plaintiff tender draft NM. O- Leave granted to register.
Matter adjd for affidavit of service on 25.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv. Jintendra Rajguru for pltff present.
He filed registered NM No. 2783/21.  TOR.
He also filed affidavit of service.  TOR.
He has also filed an application for substitute service.  TOR. Marked as Exh. 2.
Order below Exh. 2-
Perused the record and considering the submissions permission is granted for substituted service as per the provisions of Order 5, Rule 20 of the CPC subject to payment of necessary charges.  Application Exh. 2 is allowed and disposed of.
Matter is adjd to 10/06/2022 for Affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Monini Desai for plaintiff present.
Adv. Kalpana Kanade for deft no. 3 present.
On last date plaintifff put on record application at exh ---making clear that deft no. 1,2,3, are no more. The plaintiff also put on record that they would publish the notice in Local news paper to serve this legal hairs 1,2,3, today nothing is put on record about progress in the matter no steps is taken to take on record adjourned is sort on behalf of the plaintiff to have instruction  to cost of Rs. 1000/- to DLSA.
Matter adj for service to 02.07.2022
Next Purpose: SERVICE
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: P.O. is on leave hence matter adjd to
Next Purpose: SERVICE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Malini Desai for plaintiff is present.
None present for defendant.
KB LO at 4.55 p.m.
Same appearance.
Matter adjd to 14.11.2022 for taking steps against LRs of defendants no. 1 to 3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Manini Desai for plaintiff is present.
None present for defendant.
Defendant nos. 1 to 3  reported to be died. Roznama dtd. 10.06.2022 shows that plaintiff make a statement before the Court that defendant nos. 1 to 3 were not more and she wants to bring LR\''s of defendant nos. 1 to 3 on record. However, till today no steps taken. Hence, suit stands abated against defendant nos. 1 to 3.
Record shows that writ of summons duly served on defendant on 04.10.2021. However, till date none appeared for defendant no. 4. Hence, the matter proceeded ex-parte against defendant no.4.
Matter adjd to 11.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Manini Desai for plaintiff is present.
Adv. Mandlik h/f Adv. Tejaswi Panchal for defendant no.4 is present.
KB Lo at 4.15 p.m.
Same appearance.
With the consent of both the parties, matter adjourned for NM hearing.
Matter adjd to 17.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. Manini Desai for plaintiff is present.
Adv. Yash Mandlik i/b Adv. Tejasvi Panchal for defendant no. 4 is present and filed V/P t.o.r marked at Exh.3.
He also tendered draft NM a/w affidavit in support of it. O- Leave granted to register. Copy supplied to other side.
Matter adjd to 11.04.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: Adv. Manini Desai for plaintiff is present.
Adv. Yash Mandlik i/b Adv. Tejashree Panchal for defendant no.4 is present.
The Ld.Adv.for defendant no.4 has tendered original registered NM No.1109/23 a/w affidavit. TOR.
The Ld.Adv.for plaintiff has filed reply to NM No.1109/23. TOR.
The Ld.Adv.for defendant no.4 has filed pursis t.o.r marked at Exh.4 thereby submitted that the defendant no.1 is no more. He has also given the name of LRs of defendant no.1. He has also filed photocopy of death certificate of defendant no.1 and his wife. Copy supplied to other side.
The plaintiff is directed to take appropriate steps for bringing LRs of defendant no.1.
Matter adjd to 02.08.2023 for hearing on NM and taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Ms. Saba Shaikh for plaintiff present.
Adv. Reshma Mahadik i/b Adv. Tejashree Panchal for defendant no. 4 present.
Matter adjd to 28/08/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Adv. Saba Shaikh for plaintiff is present.
Adv.  Sonal Pradhan h/f Adv. Panchal for defendant is present.
The ld adv for defendant filed reply to NM No.2783/2021. TOR.
copy supplied to other side.
Matter adjd to 27.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023

Date: 10-11-2023
Business: Adv. Khan for plaintiff is present
Adv. Sonali Pradhan h/f Tejasvi Panchal for defendant no. 4 is present.
The Ld. Adv. for defendant has paid cost of Rs. 2000/- to the Ld. Adv. for plaintiff in view of order dated 27.10.2023 passed in notice of motion no. 1109/2023.
The Ld. Adv. for defendant has filed written statement. TOR. Exh. 5. O- Read and recorded. Copy supplied to the plaintiff.
The Ld. Adv. for plaintiff tendered original chamber summons no. 2022/2023. copy supplied to the defendant.
Matter adjd to 17.01.2024 for filing reply on chamber summons and hearing notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Adv. Khan Farhana for plaintiff is present.
Adv. Reshma Mahadik for defendant no. 4 is present and seek time to file reply on chamber summons no. 2022/2023. O- Time granted as last chance.
Matter adjd to 15.03.2024 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: P.O is on official duty at Small Causes Court in 2nd session.
Next Purpose: C/S REPLY
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: P. O is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: None present for plaintiff.
Adv. Reshma Mahadik h/f Tejawi Panchal for defendant no.4 is present and filed reply to chamber summons no.2022/2023. TOR. Copy be served on other side.
Matter adjd to 26.08.2024 for service of reply and ch/s hearing.
Next Purpose: SERVICE
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: None present for plaintiff.
Adv. Reshma Mahadik i/b Tejashree Panchal for defendant no.4 is present and seek time for service affidavit. O- Time granted.
Matter adjd to 18.10.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: None present for plaintiff.
Adv. Reshma Mahadik h/f Adv. Tejashree Panchal for defendant no.4 is present and filed service affidavit. TOR. Service is completed.
Matter adjd to 02.12.2024 for ch/s and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: Adv. Tabish Jamdar h/f Adv. Usama Memon for plaintiff is present and filed pursis Exh.6. TOR.
Plaintiff present.
Adv. Reshma Mahadik i/b Tejaswi Panchal for defendant no.4 is present.
By way of pursis Exh.6 plaintiff is seeking withdrawal of suit. The Adv. for defendant has no objection for withdrawal of suit. The plaintiff is seeking unconditional withdrawal of suit Hence, permission granted to withdraw suit. Suit stands withdrawn with no order as to costs. Court fees be return as per rules. Notice of motion no.2783/2021 and chamber summons no.2022/2023 stands disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-12-2024

NOTICE OF MOTION/102783/2021
CHAMBER SUMMONS/102022/2023
NOTICE OF MOTION/101109/2023

Filing Number: 105048/2021
Filing Date: 02-07-2021
First Hearing Date: 04th October 2021
Decision Date: 02nd December 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE