Mrs. Bismillah Waqar KhanVsMohammed Salim Rehmatulla Shaikh +2 more

Date: 26-06-2018
Business: court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: Fresh Assignment.
Plff. present.
Issue Wr/sum against deft.
Matter is adjd. to 12.10.2018 for service affd. / Wr/sum.
L.O.
Adv. Damle for plff. present.
Matter is adjd. to 12.10.2018 for service affd. / Wr/sum.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: Adv. for plff. present.
Adv. khopale for D/1 and 3 present and undertook to file V/P for D/1 and 3
kb
L.O. at 12.10 p.m
Same appearance.
Adv. for plff. filed application service of D/2 on different address. t.o.r marked as Exh.3.
order - Allowed.
Matter is adjd. to. 14.01.2019 for service affd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Plff. and his adv. are present.
D/1,2 and 3 are in person present. On their the matter is kept back, as they say that their advocate is on the way to attend the court.
Exh.3 and Exh.4 Adv. R.D. Thorat for defts present and has filed V/P on behalf of defts. and also filed W/S on behalf of defts.  t.o.r
Copy of W/S supplied to plff.
Matter is adjd. to. 11.03.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Plff. in person present his adv. absent.
deft. and his adv. absent.
Exh.5 Issues are framed
Matter is adjd. to. 02.05.2019 for evidence of plff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Adv.Pandhare for Plff. present and has filed V.P . t.o.r.
Adv. for Defts present.
On request of Adv. for plff, Matter is adjd. to. 06.07.2019 for plff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Plff present but his advocate absent.
Deft No. 1  to 3 present but advocate absent.
KB
Later On. At 12.50 pm.
Plff present.
Adv. Pandhare (SA) for plff present.
Deft No. 1  to 3 present.
Adv. Aditya for defendant present.
Matter is refereed to National Lok-Adalat held on 13.07.2019.
Matter is adjoured to 23.07.2019 for Report of National Lok-Adalat.
Next Purpose: REPORT
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: court is on leave.
Next Purpose: REPORT
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Plaintiff present his advocate absent.
Adv. Thorat for defts present.
On oral request of plff adjourned for filing evidence to 25/11/2019.
Matter is adjd. to. 25/11/2019  for Filing Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2019

Date: 25-11-2019

Date: 13-01-2020
Business: Adv. B. N. Pandhare for plaintiff present.
Adv. Aditya Modi  for defendant present.
On oral request of Ld. Adv. for deft. adjournment granted.
Adjd to 11-02-2020 for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv. Pandhare  for plaintiff present.
Adv.   Thorat  for defendant present.
On oral request of Ld. Adv. for defendant adjournment granted as a last chance .
Adjd to 30-03-2020  for  NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Business: adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv Rahul Thorat for deft present.
Matter stands Adj for NM Reply to 15/02/2021.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv Aditya Modi for deft present.
He seeks time to file reply to NM.  Granted.
Matter stands Adj for NM Reply to 15/03/2021.
Next Purpose: REPLY
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv Dhirendra Bahadur Maurya (SA) appeared for plff.
He filed VP for plff alongwith appointment letter. t.o.r. marked Exh. 07.
Adv Thorat for defts present.
He submitted that his written statement be treated as reply to NM.
Matter stands Adj for NM Hearing to 26/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Adv Dhirendra Mourya (SA) for plff present.
Adv Rahul Thorat for deft present.
Both parties are directed to remain present on next date.
With consent of both parties, matter stands Adj for NM Hearing to 04/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Plaintiff present
Adv Rahul Thorat for plaintiff present.
Defendant and his advocate absent.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 06.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021

Date: 04-10-2021
Business: Plaintiff present
Adv Rahul Thorat for plaintiff present.
Defendant and his advocate absent.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 06.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: P.O.is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022

Date: 14-02-2022
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv Dhirendra Mourya (SA) for plff present.
He seeks time for NM Hearing.  Granted.
Adv Thorat for deft present.
With Consent of both parties, matter stands Adj for NM Hearing to 13/06/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Plaintiff present.
Advocate for plaintiff absent.
Adv. Anjali Mishra for defendant present.
Matter is adjd for n/m hearing to 25/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Plaintiff present and his advocate absent.
She seek time for hearing. Time granted.
Adv. Anjali Mishra for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 13/09/2022.
Next Purpose: HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Plaintiff present and his advocate absent.
She seek time. Time granted.
Adv.  Anjali Mishra for defendant present.
Defendant no. 2 and 3 present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 16/11/2022.
Next Purpose: HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Plaintiff present and his advocate absent.
He seek time for hearing. Time granted.
Adv. Thorat for defendant present.
Defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 10/01/2023.
Next Purpose: HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Plaintiff present and her advocate absent.
She seek time for hearing. Time granted.
Adv. Rahul Thorat for defendant present.
Matter adjourned for hearing to 15/03/2023.
Next Purpose: HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Plaintiff present and her advocate absent.
She seek time for hearing. Time granted as last chance.
Adv.  Thorat for defendant present.
Matter adjourned to 19/06/2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: As P.O. is on leave, board discharged and matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 20-07-2023

Date: 19-06-2023
Business: As P.O. is on leave, board discharged and matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: P. O. is on Leave. Hence matter adjd.
Next Purpose: HEARING
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: Advocate Ms. Lavanya Vallakati h.f Advocate  Shashikant Chandak (DLSA) for plaintiff present and seeks time. O- Granted.
Advocate Ms.Remedious for defendant present.
Matter adjourned for hearing on 04.10.2023.
Next Purpose: HEARING
Next Hearing Date: 04-10-2023

Date: 31-08-2023
Business: Advocate Ms. Lavanya Vallakati h.f Advocate  Shashikant Chandak (DLSA) for plaintiff present and seeks time. O- Granted.
Advocate Ms.Remedious for defendant present.
Matter adjourned for hearing on 04.10.2023.
Next Purpose: HEARING
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 08-11-2023

Date: 04-10-2023
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Plaintiff present.
Advocate Ms. Shruti Chavan h.f. Advocate R.D. Thorat for defendant present.
Court is busy in dictating order in MH Petition No.
113/2023, hence board is discharged and matter is
adjourned.
Matter adjourned for hearing on 03.01.2024.
Next Purpose: HEARING
Next Hearing Date: 03-01-2024

Date: 08-11-2023
Business: Plaintiff present.
Advocate Ms. Shruti Chavan h.f. Advocate R.D. Thorat for defendant present.
Court is busy in dictating order in MH Petition No.
113/2023, hence board is discharged and matter is
adjourned.
Matter adjourned for hearing on 03.01.2024.
Next Purpose: HEARING
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Plaintiff present.
Advocate Ms. Anjali Mishra h.f. Advocate R.D. Thorat for defendant present and filed reply to NM 4459/2019. Copy given to plaintiff.
Matter adjourned for hearing on 05.02.2024.
Next Purpose: HEARING
Next Hearing Date: 05-02-2024

Date: 03-01-2024
Business: Plaintiff present.
Advocate Ms. Anjali Mishra h.f. Advocate R.D. Thorat for defendant present and filed reply to NM 4459/2019. Copy given to plaintiff.
Matter adjourned for hearing on 05.02.2024.
Next Purpose: HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Advocate Ms.Manasi Thakur h.f. Advocate Shashikant Chandak for plaintiff present and seeks time for hearing on NM. O- Granted.
Advocate  Mr. R.D. Thorat for defendant present.
Matter adjourned for hearing on 18.03.2024.
Next Purpose: HEARING
Next Hearing Date: 18-03-2024

Date: 05-02-2024
Business: Advocate Ms.Manasi Thakur h.f. Advocate Shashikant Chandak for plaintiff present and seeks time for hearing on NM. O- Granted.
Advocate  Mr. R.D. Thorat for defendant present.
Matter adjourned for hearing on 18.03.2024.
Next Purpose: HEARING
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Plaintiff present.
Advocate Ms. Ruchi N. Nagda i/b Shashikant D. Chandak (S/A) for plaintiff present.
Advocate Mr.R.D. Thorat for defendant present.
At the request of plaintiff matter is adjourned.
Matter adjd to 19.06.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Advocate Siddhesh Kochare h.f. Chandak for Plaintiff present and seeks time. O- Granted as a last chance.
Advocate Thorat for defendant present.
Matter is adjourned for NM hearing / Rejoinder on 12.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2024

Date: 19-06-2024
Business: Advocate Siddhesh Kochare h.f. Chandak for Plaintiff present and seeks time. O- Granted as a last chance.
Advocate Thorat for defendant present.
Matter is adjourned for NM hearing / Rejoinder on 12.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Plaintiff present.
Advocate Ms.  Ruchi N. Nagda  i/b Advocate Shashikant Chandak for plaintiff present and seeks time.                            O- Granted.
Advocate Mr. Thorat for defendant present.
Matter is adjourned for NM hearing on 16.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2024

Date: 12-08-2024
Business: Plaintiff present.
Advocate Ms.  Ruchi N. Nagda  i/b Advocate Shashikant Chandak for plaintiff present and seeks time.                            O- Granted.
Advocate Mr. Thorat for defendant present.
Matter is adjourned for NM hearing on 16.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2025

Date: 16-10-2024
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Plaintiff present.
Advocate Shashikant Chandak (DLSA) for plaintiff present.
Advocate Shruti Chauhan h.f. R.D. Thorat for defendant present.
Later on at 3.30 P.M.
Advocate Mr. R.D. Thorat for defendant present.
Both the parties seeks time for settlement. O- Granted.
Matter is adjourned for Settlement on 25.02.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-02-2025

Date: 14-01-2025
Business: Plaintiff present.
Advocate Shashikant Chandak (DLSA) for plaintiff present.
Advocate Shruti Chauhan h.f. R.D. Thorat for defendant present.
Later on at 3.30 P.M.
Advocate Mr. R.D. Thorat for defendant present.
Both the parties seeks time for settlement. O- Granted.
Matter is adjourned for Settlement on 25.02.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: Advocate Ruchi Nagda i/b Shashikant Chandak for plaintiff present and seeks time. O- Granted.
Advocate Mr. R.D. Thorat for defendant present.
Matter is adjourned for NM hearing on 22.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: Advocate Mr. Shashikant Chandak for plaintiff present and seeks time to take necessary steps to amend the plaint. O- Granted.
Advocate Mr. R.D. Thorat for defendant present.
Matter is adjourned for NM hearing on 16.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Court is vacant, hence adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: Advocate Kajal Mate h.f. Advocate Shashikant Chandak for plaintiff is present. She seeks time for hearing on NM.                    O- Granted strictly as a last chance.
Advocate Anjali Mishra for defendant is present.
Matter adjourned to 09.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: Plaintiff is present.
None for plaintiff is present.
Advocate Shruti Chavan h/f R.D Thorat for defendant is present.
Kept Back
Later on At 5.09 PM.
ORDER
Perused the Notice of motion. I have perused entire record keenly.  The Learned Advocate for Defendant submitted that matter is very old and NM is pending from last more than six years. He further submitted that the plaintiff is not willing to with this NM and prayed to dismissed the same. The Record also shows that plaintiff is not proceeding with this NM since long. Thus the present Notice of Motion bearing No. 4459 of 2019 is tagged alongwith the main suit and disposed off accordingly.
Matter adjourned to 07.04.2026 for filling evidence of affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: (BY PRAECIPE)
(NOT ON BOARD - TAKEN ON BOARD)
Advocate Chetan Chavan for plaintiff is present and filed praecipe for  taking the matter on todays board. TOR and marked as Exhibit-7. O- Allowed.
He tendered draft Notice of Motion alongwith affidavit in support. TOR. O- Leave is granted to register. He is directed to serve copy to other side.
He filed Vakalatnama on behalf of plaintiff. TOR and marked as Exhibit-8. O- Filed.
Matter is already adjourned to 07.04.2026 for filling evidence of affidavit and tendering registered NM and NM Service.
Next Purpose: SERVICE
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: Plaintiff is present.
Advocate Shruti Chavan h.f. Advocate R.D. Thorat for defendant is present.
Matter adjourned to 24.06.2026 for NM Service and Reply.
Later on at 3.20 P.M.
Advocate Mr. Chetan Chavan for plaintiff is present. He tendered registered NM 1845/2026. TOR.
Advocate Shruti Chavan h.f. Advocate R.D. Thorat for defendant is present. She filed reply to NM 1845/2026.
Heard argument of both the advocates.
As per roznama dated 09.02.2026 Notice of motion no. 4459/2019 was disposed of. But inadvertently in CIS the Notice of motion no. 4459/2019 was remained to be disposed off. Hence, today the Notice of motion no. 4459/2019 is disposed off accordingly as per roznama dated 09.02.2026.
Matter adjourned to 08.04.2026 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: None for plaintiff is present.
Advocate Shruti Chavan h.f. Advocate R.D. Thorat for defendant is present.
FRSR following order is passed-
ORDER
Notice of motion No. 1845 of 2026 is allowed and disposed of, for the reasons separately recorded.
Matter adjourned to 07.07.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: Plaintiff in person is present and filed adjournment application of adjournment.TOR and mark Exh.9 O- Granted
Advocate Aditya Rai i/b Rahul D. Thorat for defendant is present.
Matter adjourned to 13.07.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: Advocate Mr.Bhusang Mene (Legal Aid advocate) for plaintiff is present. He filed written arguments to N/M no. 4459/2019. TOR.
Advocate Mr. R.D. Thorat for defendant is present. He filed pursis TOR and marked as Exhibit-__ stating that his Written statement and the documents alongwith W.S. be treated as argument to N/M.
Matter adjourned to 14.07.2026 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: None for plaintiff is present.
Advocate Jitendra Patel h.f R.D. Thorat for defendant is present.
Kept back
Later on at 5.30 P.M.
Advocate Jitendra Patel h.f R.D. Thorat for defendant is present and submits that his W.S may be treated as argument.
Matter adjourned to 15.07.2026 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: None for plaintiff is present.
Advocate Jitendra Patel h.f. R.D. Thorat for defendant is present.
FRSR following order is passed-
ORDER
Notice of motion No. 4459 of 2019 is Dismissed and disposed of, for the reasons separately recorded.
Matter adjourned to 13.08.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: None present.
Matter adjourned to 22.09.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-09-2026

NOTICE OF MOTION/101845/2026
NOTICE OF MOTION/104459/2019

Registration Number: 101362/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 105594/2018
Filing Date: 18-04-2018
First Hearing Date: 26th June 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE