Noorjahan Sahid DawoodVsSaji Yakub Katharia And Ors

Date: 17-06-2019
Business: Advocate Mr. Ranavat for Plaintiff present and filed registered Chamber Summons no.1004/2019 with affidavit in support, t.o.r.
Advocate Ms. Ghogre for Defendant no.6 present
None present for Defendant nos.1 to 5.
Plaintiff\''s advocate served copy of Chamber Summons no.1004/19 upon advocate for Defendant no.6.
Advocate for Defendant no.6 submitted that on next date she will file reply to Chamber Summons no.1004/19.
Advocate for Defendant no.6 submitted that the sheds referred in photographs annexed to the NM are in dilapidated condition. Those sheds are in the custody of Court receiver and therefore NM should be made absolute for giving direction to Court receiver to permit Plaintiff to pull down the sheds in question.  It is further argued that court receiver may be directed for permitting Defendant no.6 for demarcation of the area of those sheds.
Advocate for Plaintiff argued that there is no document to show that prior to filing this NM, Defendant no.6 has made any written request in respect of the prayers made in this NM, therefore NM is not maintainable.
Case is adjourned to 02/07/2019 for Order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.2537/13 and Chamber Summons in suit no.2889/09, hence case is adjourned to 16/08/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Court is busy in dictating order on Notice of Motion in suit no.1874/15, hence case is adjourned to 28/08/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: None present for Plaintiff.
None present for Defendant.
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion no.1277 of 2019 stands disposed off/dismissed.
Case is adjourned to 07/11/2019 for reply/hearing of Chamber Summons no.1004/19.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Advocate Ranavat for Plaintiff present
Advocate Shah for Defendant present and submitted that on next date she will file reply to Chamber Summons no.1004/19.  Considering submissions adjourned.
Case is adjourned to 09/01/2020 for Chamber Summons reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: None present for Plaintiff.
Advocate Ms. Apurva Pawar for Defendant no.1 to 5 present and filed reply to Chamber Summons no.1004/19, t.o.r. Defendant no.1 to 5 are directed to serve copy of Chamber Summons reply upon other side.
Case is adjourned to 13/02/2020 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Ranawat for Plaintiff present.
Adv. Shahjad for Defendant Nos.1 to 3 present.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 21/3/2020 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-03-2020

Date: 13-02-2020
Business: Adv. Ranawat for Plaintiff present.
Adv. Shahjad for Defendant Nos.1 to 3 present.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 21/3/2020 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 24/06/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 21-08-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present for Plaintiff.
Adv Ms. Apoorva Pawar for  Defendant Nos. 1 to 5 present and submitted that settlement talks are going on between the parties. For the reasons stated by learned advocate for Defendant nos.1 to 5 and as nobody is present for the Plaintiff matter is adjd. for ch/s hearing  to 17.03.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv Mr. Ranawat for plff present.
Adv Mr. Apoorva Pawar for deft Nos.1 to 5 present.
Adv.for plff seeks time to serve the proposed deft with Ch/s No.1004/2019. O- Time granted till next date.
Matter is adjd. for appearance the proposed defts to 06.04.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv Shri. Ranawat for plff present and filed affidavit of service of Chamber Summons No.1004 of 2019 on proposed legal heirs.
Adv Smt. Asha Shah for deft Nos. 1 to 5 present.
By consent, matter adjourned for CS hearing to 27.04.2021.
Judge
LO at 3.45 p.m.
Adv. Ashutosh Mishra i/b. Ramesh Pandey appeared and gave oral undertaking that he will file VP on behalf of proposed legal heirs on next date. His oral undertaking is accepted. He seeks time to file reply to Chamber Summons.
Time granted till next date.
Adjourned for Chamber Summons reply and hearing to 27.04.2021.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2021

Date: 06-04-2021
Business: Adv Shri. Ranawat for plff present and filed affidavit of service of Chamber Summons No.1004 of 2019 on proposed legal heirs.
Adv Smt. Asha Shah for deft Nos. 1 to 5 present.
By consent, matter adjourned for CS hearing to 27.04.2021.
Judge
LO at 3.45 p.m.
Adv. Ashutosh Mishra i/b. Ramesh Pandey appeared and gave oral undertaking that he will file VP on behalf of proposed legal heirs on next date. His oral undertaking is accepted. He seeks time to file reply to Chamber Summons.
Time granted till next date.
Adjourned for Chamber Summons reply and hearing to 27.04.2021.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-07-2021

Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Mr. Ken for plff present.
Adv Ms. Apoorva Pawar for deft Nos.1 to 5 present and brought to the notice that reply in Ch/s No.1004/2019 is already filed on 09.01.2020.
None appeared for the proposed defendants sought to be added as per the prayer in Ch/s No.1004/2019.  Those proposed defts failed to file reply hence, Ch/s No.1004/2019 to proceed without their reply.
Advocates for both parties seek adjournment.
By consent, matter is adjd. for Ch/s hearing to 24.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Ranawat for plaintiff present.
Adv. Asha Shah for defendant present.
Adv. Abdul Shaikh appeared and filed VP on behalf of R-1d Aasif in Ch/S No.1004/2019. He seeks time to file reply by submitting that copy of Ch/S is not served on R-1d.
Adv. for plaintiff though submitted that copy is already served, he is again ready to supply another copy. As advocate for the plaintiff has no objection, the order passed on 30/08/2021 to proceed with Ch/S without reply against R-1d is set-aside and opportunity to file is given to R-1d.
Matter adjd for reply on Ch/S of R-1d on 26/10/2021.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-11-2021

Date: 26-10-2021
Business: court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv Mr. Ranawat present for plff.
Adv Ms. Shah present for deft.
None present for the respondents in Ch/s No.1004/2019.
Roznama of 24.09.2021 shows that respondent No.1d had sought time to file reply to Ch/s No.1004/2019.
He did not appear today hence, order passed on 30.08.2021 to proceed with said ch/s without reply of respondents to continue.
On request of adv. for plff, matter is adjd. for Ch/s hearing to 02.12.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None present for plff.
Adv Ms. Harsha Shah for deft Nos.1 to 5 present.
Adv Mr. Mujahid Banani h/f Adv Abdul Shaikh for respondent No.1d present and filed written argument in Ch/s No.1004/2019.
Heard oral argument of adv. for deft Nos.1 to 5 in Ch/s No.1004/2019.
Matter is adjd. for argument of plff in said Ch/s to 16.12.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Mr. Ranawat present for plff.
Adv Ms. Harsha Shah present for deft.
None present for proposed deft.
Court busy in judgment matters and other old matters hence, this matter is adjd. for  Ch/s hearing to 05.01.2022.
Judge
L.O. at 3.50 p.m.
Adv Mr. Abdul for deft No.1d present.
Already adjd to 05.01.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv Mr. Ranawat i/b Ahemed present for plff.
Adv Ms. Harsha Shah present for deft.
Heard arguments of ld. Advocates for plff and deft Nos.1 to 5 in Ch/s No.1004/2019. Having gone through the written argument filed by ld. Adv for respondent No.1d, it came to the notice that said respondent has raised a ground that plff has not served copy of plaint on the respondents alongwith the Ch/s. This Court is of the opinion that whether the proposed defts are necessary parties or not to the suit, can be stated by them by going through the averments of plaint and for that purpose, it is necessary for the plff to serve upon them the copies of the plaint and its annexures. Ld. Advocate for the plff submitted that he will serve the copies on the respondents for next date.
Matter is adjd. for service of copies and further hearing in Ch/s No.1004/2019 to 14.01.2022.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 10-02-2022

Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: Due to Covid 19
Next Purpose: SERVICE
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present for plff.
Adv Ms. Harsha Shah present for deft.Nos.1 to 5.
K.B.
L.O.at 3.45 p.m.
Adv Mr. Ranawat for plff present and submitted that affidavit of service as per the direction given in roznama dt.05.01.2022 is already filed on 10.02.2022. The affidavit of service is available on record which is not reflected in roznama dt.10.02.2022 by mistake.
Matter is adjd. for  argument on law points to 28.02.2022.
Judge
L.O. at 4.20 p.m.
Adv Ms. Harsha Shah for for deft.Nos.1 to 5.
Already adjd. to 28.02.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv Mr. Ranawat present for plff. and made submissions on law points. He filed two case laws in support of his argument.
Adv Ms. Shweta Singh h/f Adv Harsha Shah present for deft.Nos.1 to 5 and requested to keep back the matter.
Adv Mr. Kujahid Banani h/f Adv Shaikh for proposed deft No.1d.
K.B. till 4.30 p.m.
L.o. at 5.00 p.m.
None appeared for the plff.
Adv Ms. Shweta Singh h/f Adv Harsha Shah present for deft.Nos.1 to 5 and seeks adjournment by submitting that adv Harsha Shah is unable to attend the Court today.
Adv Mr. Kujahid Banani h/f Adv Shaikh for proposed deft No.1d and submitted that plff’s advocate has not supplied copies of case laws to him.
Plff to supply copies of case laws for adv. for proposed deft no.1d.
Matter is adjd. for further argument on law points in ch/s No.1004/2019 to 16.03.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv Mr. Ranawat present for plff.
Adv Ms. Harsha Shah present for deft. Nos.1 to 5 and seeks time for arguments on law points.
Matter is adjd. for further arguments on law points to 23.03.2022.
Judge
L.O.at 5.30 p.m.
Adv Mr. Majid Khan h/f Adv Abdul Rab Shaikh for respondent No.1d present  and filed additional written argument in Ch/s No.1004/2019.  He shall serve the copies of additional written argument on the advocates for plff and deft.
Already adjd. to 23.03.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv Mr. Ranawat present for plff.
Adv Harsha Shah present for deft.Nos.1 to  5.
Adv Abdul Shaikh for respondent No.1(d) present.
Heard further arguments of all parties in Ch/s No.1004/2019.
Matter is adjd. for Ch/s order to 01.04.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-04-2022

Date: 23-03-2022
Business: Adv Mr. Ranawat present for plff.
Adv Harsha Shah present for deft.Nos.1 to  5.
Adv Abdul Shaikh for respondent No.1(d) present.
Heard further arguments of all parties in Ch/s No.1004/2019.
Matter is adjd. for Ch/s order to 01.04.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: None present for plff.
Adv Ms. Shweta Singh i/b Harsha Shah for deft Nos.1 to  5 present.
F.R.S.R. following order is passed in Ch/s No.1004/2019
                         ORDER
       Chamber Summons No.1004 of 2019 is allowed.
	Plaintiff shall carry out amendment in plaint in terms of prayer clause(a) of the Chamber Summons within two weeks.
	After carrying out the amendment as above, plaintiff shall serve the copies of amended plaint on the defendants and added defendants.
                              ----
Matter is adjd. for compliance to 02.05.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 01-04-2022

Main Case No: SUIT/0104795/2007
Main Cnr: MHCC010074302007
Main Filing No: 111447

Registration Number: 101004/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 105700/2019
Filing Date: 24-05-2019
First Hearing Date: 17th June 2019
Decision Date: 01st April 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE