Mohd Ilyas Mohd AbbasVsMohd Anis Mohd Ilyas

Date: 10-06-2019
Business: Adv. Ms. Athavle for Plaintiff present and filed registered NM No. 1975/2019 with Affidavit in support.
None present for Defendant.
Case is adjourned to 28/06/2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Advocate Amruta Athavle for Plaintiff present
Advocate S. R. Jagtap for Defendant present
Court is busy in dictating order on Notice of Motion in suit no.1119/19 as well as court has to dictate Judgment in suit no.4771/10 and has to hear urgent matters, hence case is adjourned to 18/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv. Amruta Athavale 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.
Case is adjourned to 26/06/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020

Date: 26-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None present for both the parties.
Case is wrongly posted for filing reply to NM.
Deft has already filed reply to NM No.1975/2019 on 28.06.2019.
As nobody is present for plff, NM be kept for dismissal order.
Matter is adjd. for NM dismissal order to 06.04.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv Ms. Amruta Athawale for plff present and mentioned the matter in the morning session. She requested to remove the matter from the dismissal caption and keep it for filing rejoinder by the plff in NM NO.1975/2019 beyond summer vacation.
Adv Mr. Jagtap for the deft is present.
Considering the present pandemic condition and as adv. for the  plff is present today, matter be removed from NM dismissal caption and it be kept NM rejoinder  and hearing beyond summer vacation.
By consent, matter is adjd. for NM rejoinder and heairng to 24.06.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: None present for plff.
Deft present in person.
On request of adv. for the plff, matter was removed from NM dismissal caption and was kept for NM rejoinder. Plff failed to file rejoinder.
AS nobody is present for the plff today also, matter is kept for NM dismissal order.
Matter is adjd. for NM dismissal to 27.10.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv Ms. Amruta Athawle h/f Adv Mr. P.Y. Shankar  present for plff.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv Mr. Santosh Jagtap present for deft. and submitted that he has already filed vakalatnama on behalf of deft No.1. Vakalatnama filed on 28.06.2019 by adv Jagtap for deft be marked as Exh.5.
Adv for deft filed pursis along with copy of death certificate at Exh.6 to show that sole plaintiff in the suit has expired.
Adv. for the plff seeks time to take steps.
Matter is adjd. for taking steps to 02.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv Ms. Amruta Athawle h/f Adv Mr. R.C.Dhuru present for plff. and submitted that in the roznama of previous date, her presence is wrongly marked as Advocate holding for Adv Mr. P.Y Shankar. She submitted that she had in fact appeared as holding advocate for Adv Mr. R.C. Dhuru on the previous date.
Deft present in person. Adv Mr.Jagtap for deft present.
Adv Ms. Athawle seeks time to take steps by submitting that she has learnt from deft that plff has expired.
Matter is adjd. for steps to 27.01.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2022

Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: None present for plff.
Adv Mr. Santosh Jagtap present for deft.
It is informed that sole plff in the suit has expired on 02.12.2020.
Steps not taken for bringing on record HLRs of plff  hence, suit be kept for abatement order.
Matter is adjd. for order to 20.06.2022.
Next Purpose: ORDER
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: None present.
Read the roznama dated 02.12.2021 and 08.04.2022.  As no steps taken in respect of taking on record the legal heirs of the plaintiff. Suit is abated against the plaintiff. Keep for dismissal.
Matter adjd to 08.08.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-08-2022

Date: 20-06-2022
Business: None present.
Read the roznama dated 02.12.2021 and 08.04.2022.  As no steps taken in respect of taking on record the legal heirs of the plaintiff. Suit is abated against the plaintiff. Keep for dismissal.
Matter adjd to 08.08.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None present for both sides.
KB
LO at 04.50 pm
None present for pltff.
Adv.Amar Shilwant h/f.Adv.Santosh Jagtap for deft. present.
ORDER BELOW EXH.1
Read the pursis Exh.5 and roznama dated 27.10.2021. Sole pltff. in the suit has expired on 02.12.2020. Suit is already abated. Read the roznama dated 20.06.2022 suit was adjourned for passing order of dismissal. Nobody appeared as legal heirs of deceased pltff. No steps have been taken by the adv.for the pltff. hence, I pass the following order.
ORDER
1. Suit is dismissed.
2. Parties to bear their own costs.
ORDER IN NM NO.1975/19
The suit is dismissed by today\''s order passed below Exh.1. Hence, Notice of motion No.1975/2019 will not survive further. In the result, I pass the following order.
ORDER
1. NM No.1975/2019 is dismissed.
2. Parties to bear their own costs.
Nature Of Disposal: DISMISSED
Disposal Date: 08-08-2022

Main Case No: SUIT/0100613/2019
Main Cnr: MHCC010159712018
Main Filing No: 111447

Registration Number: 101975/2019
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: 105995/2019
Filing Date: 06-06-2019
First Hearing Date: 10th June 2019
Decision Date: 08th August 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE