Date: 04-01-2021
Business: None for plaintiff
Adv. Mr. Tushar Kochale for defendant no 1 present and he filed Vakalatnama on behalf of deft no. 1. t.o.r. O-filed.
Adjd to 27.01.2021.
LO at 12.30p.m.
Advocate Mr. V.T Dubey for the plff present.
Earlier order, if any, to continue till next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Zoaib Shaikh for defendant present and tendered vakalatnama for def. No. 3 and 4. TOR and marked at Exh.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 17.02.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv Mr. Yogesh Murbale for deft no. 1 present.
Adv. Mr Anis Shaikh for deft no.3 and 4 present.
On oral request of Ld. Adv. for defts adjournment granted.
Adjd to 16.06.2021 for W/S .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Nobody present.
Due to Covid-19 pandemic, matter is adjourned.
Adjd for Written statement to 26/08/2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: At 11.30 am
None for plaintiff
Adv. Vaibhav Kamble for defendants present and stated that defendant No. 1 expired on 24.06.2021
Defendant No. 3 and 4 present.
Adjd for no Written statement order to 18/11/2021
L. O at 12.31 pm
Exh-4 Adv. Vimlesh Singh filed vakalatnama on behalf of plaintiff. t.o.r. O- R and R
Adv. for plaintiff stated that leave was granted to register notice of motion on 17/11/2020 however the same is not yet registered hence sought extension of time to register the same.
The suit was filed during covid pandemic, Court started working regularly from 02.08.2021. A last opportunity is given to plaintiff to register the notice of motion before next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Dt.18/11/2021
Suit 1315/20
NM 2166/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Advocate Jyoti Singh instructed by V. T. Dubey and Associates For plaintiff present.
Adv. For plaintiff tendered registered notice of motion No. 2166/21. t.o.r.
Adv. For defendant NO. 1 to 4 present and stated that Defendant NO. 3 and 4 are present before the court.
Adv. For plaintiff stated that she will take steps to serve notice of notice of motion to defendant No. 5
Adv. For defendant No. 1 to 4 stated that defendant No. 1 expired.
Adjd for compliance/reply of defendant No. 1 to 4 to notice of motion to 13/01/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Dt.13/01/2022
Suit 1315/20
NM 2166/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
at 11.25.
None present.
KB.
LO At 2.15 pm.
Adv. Vinglesh Singh for plaintiff is present.
None for deft.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for Compliance to 04-03-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Jyoti Singh For plaintiff present.
Adv. Khairnar For defendant 3 and 4 present and seeking time to file reply. Granted as last chance.
Defendant No 3 and 4 present.
Adjd for NM reply to 22/04/2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Dt.22/04/2022
Suit 1315/20
NM 2166/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Vijayarani S. Prasad for plaintiff present.
Adv. Heramb Pawar for defendant Nos. 3 and 4 present.
Adjd for NM reply to 27-07-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Jyoti Singh for plaintiff present.
Adv. Ajay Jankar for defendant no. 1,3 and 4 present and submitted that defendant no. 1 has expired.
None for defendants no. 2 and 5
Matter is adjd.to 08-09-2022 for steps for bringing the Lrs and nm reply by deft. 3 and 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: None for plaintiff.
Defendant no. 3 in person present.
None for defendants no. 2,4 and 5
Matter is adjd.to 13-01-2023 for steps for bringing Lrs of deft. no. 1 and NM Reply by deft. no. 3 and 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Vimlesh Singh for plaintiffs a/w plaintiff no. 1 , 3 and 4 present and filed draft C/S with supporting affidavit for deleting name of deft. no. 1 t.o.r. Leave is granted to register the C/S.
Adv. A. D. Jankar h/f Adv. Tushar Kochale a/w defendants no. 3 and 4 present and filed draft NM with supporting affidavit for rejection of the plaint t.o.r. Leave is granted to register the NM.
None for defendant no. 2 and 5
both sides received copies of each others documents placed on record today.
Matter is adjd.to 15-03-2023 for filing registered NM by defts no. 3 and 4 and C/S by plaintiff
Next Purpose: FOR___________________
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Vimlesh Singh for plaintiffs a/w plaintiff no. 1 , 3 and 4 present and filed registered Chamber Summons No.128/2023 with supporting affidavit t.o.r.
He also filed affidavit in reply in NM No. 230/23 t.o.r.
Adv. A. D. Jankar h/f Adv. Tushar Kochale a/w defendants no. 3 and 4 present and filed registered NM No. 230/23 with supporting affidavit. t.o.r.
Adv. A. D. Jankar received copy of affidavit in reply in NM No. 230/23
None for defendant no. 2 and 5
Matter is adjd.to 18-04-2023 for NM Hrg and C/S reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: None for plaintiffs.
Adv. Ajay D. Jankar h/f Adv. Tushar Kochale a/w defendants no. 3 and 4 a/w deft. no. 4 present
None for defendants no. 1, 2 and 5
Matter is adjd.to 21-07-2023 for NM Hrg and C/S reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv. Shri Vimlesh Singh for plaintiff present.
Defendant no.3 and 4 present and seek adjournment for filing ch/s reply.
Matter adjourned for filing ch/s reply to 08-09-2023.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Adv. Vimlesh Singh for plaintiff present.
Adv. Ajay Jankar for defendant no. 3 and 4 present and seek time for hearing. Time granted till next date.
Defendant no. 4 present.
Matter adjourned for NM and Ch/s hearing and Ch/s reply to 16/10/2023.
Next Purpose: C/S REPLY
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: Adv. Amit Jaiswal for plaintiff present.
Adv. Janakar for defendant No.3 and 4 present and filed affidavit in reply tor.
Copy of reply served to other side.
Matter adjourned for NM and CS hearing to 02-12-2023.
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: Adv. Amit Jaiswar for plaintiff present.
Adv. Ajay Jankar For defendant no. 3 and 4 present.
None for defendant no. 2 and 5 present.
Defendant no. 2 and 5 failed to file reply to NM and Ch/s, hence no say order passed against them.
Matter adjourned for NM and Ch/s hearing to 20/01/2024.
Next Purpose: HEARING
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Adv. Amit Jaiswal for plaintiff present.
Adv. Tushar Kochade For defendant no. 3 and 4 present.
Heard both advocates on ch/s no. 128 of 2023.
Matter adjourned for ch/s order no. 128 of 2023 to 03/02/2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: Adv. Amit Jaiswal For plaintiff present.
Adv. Mr. Jankar h/f Tushar Kochare for defendant Nos.3 and 4 present.
Plaintiff Nos.1 and 2 are present.
Defendant No.2 in person present.
Heard arguments on C/S No.128/2023.
ORDER ON C/S NO.128/2023:
Perused chamber summons, reply filed by the defendant Nos.3 and 4. Heard both advocates at length. By way of the chamber summons plaintiff prayed that name of defendant No.1 be deleted from the cause title of the suit. So also prayed for condonation of delay in filing chamber summons. Defendant No.1 died on 24/06/2021. the death certificate of defendant No.1 is filed on record by the plaintiff. The main objection of defendant that there is delay in filing chamber summons. I have considered the objection raised by the defendant. Considering the fact that defendant No.1 is mother of parties the suit is filed for injunction in respect of immovable property (shops). There is a delay in taking out the chamber summons. But considering the nature of proceeding and also considering the fact that the Hon’ble Apex Court in suo-motu writ petition No.03 of 2020 held that, “in cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021.” and extended the limitation for filing application. Therefore, in the interest of justice and there is no amendment as such prayed by the plaintiff only deletion of defendant No.1 is prayed. Therefore, considering all above aspects I passed the following order:
ORDER
1. Prayer clause ‘A’ and ‘B’ of chamber summons No.128/2023 is made absolute.
2. Plaintiff is directed to carry out the amendment within stipulated period.
Matter adjourned for compliance/NM hearing to 20.03.2024.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: Adv. Vimales Singh for plaintiff present and filed copy of amended plaint. TOR. Copy served on other side.
Adv. Jankar for defendant no. 3 and 4 present.
Defendant no. 2 in person presnet.
The plaintiff is directed to serve amended plaint to the defendant.
Matter adjourned for NM hearing to 12/04/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Adv. Vimal Singh for plaintiff present.
Adv. Jankar for defendant no. 3 and 4 present.
KB
Later on
Adv. For defendant no. 3 and 4 filed application Exh. 5 to adjourn the matter. The plaintiff has no objection to allow the application but cost. Considering submission of both side the application Exh. 5 is allowed and defendants are granted last chance to argue.
Matter adjourned for argument on both notice of motion to 16.07.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Adv. Amit Jaiswal for plaintiff present and seeks time for NM argument. Time granted till next date.
None for defendant present.
Matter adjourned for NM argument to 17/10/2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: None For plaintiff present.
Adv. Ajay Jankar h/f Tushar Kochale for defendant present and filed reply notice of motion no. 2166 of 2021. Taken on record.
Matter adjourned to 05/02/2025 for argument
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Adv. Revati Alhad h/f Tushar Kochare for defendant no. 3 and 4 present and filed application at Exhibit-6 to permit defendant no. 3 to sign on affidavit in reply to n/m no. 2166 of 2021. Considering contents of application defendant no. 3 is permitted to sign verification clause.
Matter adjourned for NM argument to 30/04/2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Adv. Ajay Jankas a/w Revati a/w Tushar Kochare for defendant no. 3 and 4 present.
Matter adjourned for NM argument to 14/08/2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: None for plaintiff present.
Adv. for defendant present. Kept back..
Later on..
Adv. Amit Jaiswal for plaintiff present.
Adv. Tushar Kochare a/w Yash Jadhav for defendant no. 3 and 4 present.
Advocate for the plaintiff submitted that he wants to withdraw the suit, therefore matter adjourned for withdrawal of suit.
Matter adjourned to 10/09/2025 for withdrawal of suit and NM hearing.
Next Purpose: WITHDRAWAL
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Plaintiff and advocate absent.
Adv. Jankar h/f Tushar for defendant no. 3 and 4 present.
Matter adjourned for withdrawal to 01/10/2025.
Later on..
Adv. Amit Jaiswar h/f Singh for plaintiff present.
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: Adv. Amit Jaiswar a/w Vimlesh Singh for plaintiff present.
Defendant no. 3 and 4 in person present.
Advocate for the plaintiff filed appliation at Exhibit-7 for withdrawal of suit.
Plaintiff no. 1 Fatima Khatar w/o Hussain Khan, Plaintiff no. 2 Shahnaj Banu W/o. Ashfak Khan , plaintiff no. 3 Najma Khatun and plaintiff no. 4 Maryam W/o. Sidhad Hussain are present before the court. And filed withdrawal application at tehxibit-7. The contents of withdrawal applicatin at Exhibit-7 are verfied from the plaintiff and they have admitted the same. The defendant no. 3 and 4 are present before the Court and have given their no objection to withdraw the same. Defendant no. 3 and 4 have submitted that defendant no. 2 and 5 have also no obejection for withdrawal of the suit. Therefore the plaintiff is permitted to withdraw the suit, hence following order passed.
Order
1) Suit is disposed of as withdrawn.
2) Court fees be refunded to the plaintiffs as per rule.
3) No orders as to costs.
4) All the notice of motions and chamber summons if any, filed in this suit are disposed of in view of withdrawal of suit.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-10-2025