Mohammed Azhar Hussain SayedVsAshfaque Ali Shaikh

Date: 14-12-2020
Business: Adv. Shashipal Shankar for plaintiff present and filed original NM No. 1911/20 and draft CHS alongwith affidavit. Leave granted to register draft CHS.
Adv. Khatavkar for defendant present and seeks time to file reply to the draft CHS. Time granted.
The Respondent Mrs. Pratima Bhagat sought to be added as party defendant in the suit is also present in person and sought time to engage and advocate and submit reply to the draft CHS. Time granted to engage an advocate and filing reply.
Heard Counsel for the plaintiff and defendant as well as the respondent in person, regarding continuation of order passed by this court on 19.11.2020. The fact of possession of the plaintiff over the suit property is not disputed. Therefore, the interim order dated 19.11.2020 is continued against the defendant as well as the respondent.
Matter stands adj. for reply and hearing on CHS to 22.01.2020
Next Purpose: REPLY
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Advocate Shashipal Shankar for plaintiff present and filed and tendered registered Chamber Summons No.136/21  along with affidavit in support of Chamber Summons. T.O.R.
Advocate Khatavkar for defendant present and submits that he is not filing reply to Ch/s.  He is not objecting the Ch/s.
Advocate Nikhil Manelwar i/b Advocate Sachin Pawar for respondent in Ch/s present and filed vakalatnama TOR and marked as Exh.2.
O- Filed.
He also filed reply to the Ch/s. TOR
KB for orders.
LO at 4.30pm
As Court is busy in hearing arguments in SU no.2909/09, and in recording evidence in SU 7038/06, and in hearing NM in SU 191/20,192/20,193/20,194/20 and also in other matters on board the case is adjourned.
Earlier order is to be continued till next date.
The case is adjourned to 25.01.2021 for order on Ch/s
Next Purpose: ORDER
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present.
F.R.S.R.following order is passed
ORDER
1. Chamber Summons No.136/21 is allowed in terms of prayer  clause (a) and (b).
2. Plaintiff shall carry out necessary amendment within two weeks from today and shall serve the amended plaint on the defendants within a week thereafter.
3. He shall provide the copy of amended plaint to the Court for the purpose of decree.
4. Costs in cause.
The case is adjourned to 26.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Advocate Shashipal Shankar for plaintiff present.
Advocate Khatavkar for defendant no. 1 present.
Advocate Nikhil Manelwar h/f adv. Sachin Pawar for defendant no. 2 present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion. R/o 09.04.2021.
Copy served on advocate for Plaintiff.
Earlier order is to be continued till next date.
The case is adjourned to 09.04.2021 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Matter called out at 04.25 p.m.
None present.
Matter stands adjourned to 10.11.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Matter called out at 5.12 p.m.
None present.
Matter stands adjourned to 10.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: None present.
Matter stands adjourned to 01.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Matter called out at 3.56 p.m.
None present.
Matter stands adjourned to 08.07.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present for plaintiff and defendant.
Put up for dismissal of NM.
Matter stands adjourned to 08.09.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None present.
Matter stands adjourned to 30.11.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Shashipal Shankar for plaintiff present. He tendered reply to unregistered draft NM of defendant.
Adv. Nikhil Mallelwar for Deft. no.2 present.
It appears from the roznama that Deft. no.2 has obtained leave to register the draft NM filed under Order 7 Rule 11 however, till today Deft. no.2 did not register the same. He is seeking extension of time. Time extended with direction to get the NM registered on or before next date.
Draft NM handed over to Deft. no.2 for registration.
Matter stands adjourned to 30.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Shashikant Shankar for plaintiff present.
None for defendant.
Matter stands adjourned on 27.03.2023 for NM hearing.
Later on at 3.49 p.m.
Adv. Nikhil Mallvlwal for defendant present.
Later on at 4.07 p.m.
Time to register the draft NM is extended till next date
Matter already adjourned on 27.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None present for plaintiff.
Adv. Nikhil Mallelwar for defendant No.2 present. He tendered registered NM No.4511/2022. TOR.
Matter stands adjourned on 15.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None for Plaintiff present.
Adv Nikhil Mallelwar for defendant no. 2 present.
Matter stands adjourned on 17-08-2023 for NM arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: As court is on leave, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: None present for Plaintiff.
Adv for applicant and defendant no. 2 present and seeks time to file affidavit of service. O - Time granted.
Matter stands adjourned on 21-12-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Both parties absent.
Affidavit of service not filed.
Later on at 3.30 pm.
Advocate NIkhil Mandenwar for defendant no. 2 present.
Matter stands adjourned on 29-02-2024 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: None for Plaintiff present.
Adv. Nikhil Mallelwar for defendant no.2 present and filed affidavit of service in NM. Taken On Record.
Matter stands adjourned on 10-04-2024 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: None for Plaintiff present.
Adv. Nikhil Mallelwar for defendant no.2 present.
The affidavit of service indicates that the Ld. Adv. for the plaintiff has received the copy of NM. Today the matter for reply on the NM. The plaintiff is directed to file reply on NM on next date without fail.
The roznama indicates that the plaintiff is continuously absent since 27.03.2023. The NM No. 1911/2020 is pending since 2020. It is seen that the plaintiff is not interested to proceed further with the NM as well as NM Suit and NM be kept for dismissal order.
Matter stands adjourned on 29-04-2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Shashipal Shankar for Plaintiff present.
Adv. Nikhil Mallelwar for defendant present.
Matter stands adjourned on 19-06-2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Adv. Sashipal Shankar for Plaintiff present.
Adv. Nikhil Mallelwar for defendant present.
Matter stands adjourned on 23-07-2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Adv. Shashipal Shankar for Plaintiff present.
Adv. Nikhil Mallelwar for defendant present.
The Learned Advocate for plaintiff is given proposal to the defendant about settlement but The Ld. Adv. for defendant informs the Court that his client is not ready.  Both the learned Advocates are directed to keep their parties present on next date.
Matter stands adjourned on  16.08.2024 for  dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: P.O. is on Leave.
Next Purpose: DISMISSAL
Next Hearing Date: 06-09-2024

Date: 06-09-2024
Business: Adv. Shashipal Shankar along with Plaintiff present.
Adv. Nikhil Mallelwar along with defendant no.2 present.
Matter stands adjourned on 19-11-2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: Adv. Shashipal Shankar for Plaintiff present.
Adv. Sachin R. Pawar for defendant No.2 present.
Last chance is granted for both the parties otherwise by considering pleadings of both side NM will be decided.
Matter stands adjourned on 19-12-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Shashipal Shankar for Plaintiff present.
Adv. Devang Mhatre i/b Adv. Sachin Pawar for defendant No.2 present.
Heard arguments of Learned Advocate plaintiff and defendant on NM No. 4511/22.
Matter stands adjourned on 15-04-2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Advocate Nikhil Mallelwar a/w Advocate Dewang Mhatre i/b Advocate Sachin Pawar for Defendant present.
Due to paucity of time, matter is adjourned.
Matter stands adjourned on 03-05-2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None present.
Court is busy in hearing urgent matters.
Matter stands adjourned on 16.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate  Nikhil Mallelwar alongwith Advocate Dewang Mhatre i/b Advocate Sachin Mhatre for defendant No. 2 present.
Matter stands adjourned to 10-10-2025 for NM hearing.
Later on Plaintiff in person present and says that there is possibility
of settlement hence, matter referred for mediation. Hence,
adjourned for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate  for Plaintiff present.
Advocate Dewang Mhatre alongwith Advocate Sachin Ramrao Pawar for defendant No. 2 present.
Matter stands adjourned for NM hearing to 28-02-2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Aditya Hake h.f. Advocate Nikhil Mallelwar for defendant no.2 present.
The N/Ms are pending since 2020, the parties to argue on N/M  if  they fails to argue, matter will be fixed for order.
Matter stands adjourned for hearing on NM to 28.04.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
Advocate Mhatre for defendant No. 2 present.
Matter stands adjourned for NM hearing to 03-07-2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2026

Date: 03-07-2026
Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
Plaintiff absent.
Defendant absent.
Advocate for plaintiff absent.
Advocate Nikhil Mallelwar for defendant No.2 present.
Heard arguments of Ld. Advocate Nikhil Mallelwar for defendant No.2 on NM.
Matter is adjourned for order on NM 4511/2022 to 04.07.2026.                                                                                            Judge
Next Purpose: NM  ORDERS
Next Hearing Date: 04-07-2026

Date: 04-07-2026
Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
Plaintiff present.
Defendant absent.
Advocate for plaintiff absent.
Advocate for defendant absent.
For reason separately recorded, following order is passed on NM No.4511 of 2022-
ORDER
1.     Notice of Motion No.4511 of 2022 in Suit No.1323 of 2020 is dismissed.
2.     Notice of motion stands disposed of accordingly.
     Plaintiff stated that he want to handover the possession of suit premises to defendants.
Matter is adjourned for written statement to 06.08.2026.                                                                                    Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: P.O.is on training. Hence matter is adjd.to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-09-2026

Date: 21-09-2026
Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
None for plaintiff and defendant present.
       As per record, the defendant No.2 has not filed written statement within statutory period, hence, matter is adjourned for no written statement order.
Matter is adjourned for no written statement order to 22.10.2026.
                                                                                            Judge
Later on, at about 04.15 p.m.,
Advocate Varad V. Shinde i/b Advocate Nikhil Mallelwar for defendant No.2 present.
Exh.3-Application filed by learned advocate for defendant No.2 for extension of time to file written statement.
Order-Other side to say.
Matter is adjourned for say/reply on Exhibit-3 and no written statement order to 22.10.2026.                                                                                            Judge
Next Purpose: REPLY
Next Hearing Date: 22-10-2026

NOTICE OF MOTION/104511/2022
NOTICE OF MOTION/101911/2020
CHAMBER SUMMONS/100136/2021

Registration Number: 101323/2020
Transfer Date: 01-07-2026
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 21 - COURT 21  ADDL SESSIONS JUDGE

Registration Number: 101323/2020
Transfer Date: 03-07-2026
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 21 - COURT 21  ADDL SESSIONS JUDGE

Filing Number: 105680/2020
Filing Date: 19-11-2020
First Hearing Date: 14th December 2020
Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE