Dr. Paranji Gopala GopalakrishnanVsMr. Khalil Ahmed Fajandar

Date: 22-07-2019
Business: Advocate for Plaintiff present
Advocate Mr. Abhishek Dubey for Defendant present and filed vakalatnama, t.o.r.  and submitted that service of writ of summons is waived and he will file Written Statement on next date.
Case is adjourned to 17/10/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Advocate for Plaintiff present
Advocate for Defendant present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.
Court is busy recording evidence in suit no.305/88 and court has to dictated Judgment in suit no.3856/99 and 3857/99, hence case is adjourned to 17/12/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Advocate Shashikala Mahamuni for Plaintiff present
Advocate Sirat Khan for Defendant present
Court is busy in dictating Judgment in suit 8136/86 and court has to record cross-examination in suit no.753/16, hence case is adjourned to 25/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Advocate Shashikala Mahamuni for Plaintiff present and submitted that NM reply is ready but Plaintiff is out of station hence matter may be adjourned. Copy of un-affirmed reply served upon Defendant\''s advocate.
Advocate for Defendant present and filed registered Notice of Motion no.467/2020 with affidavit in support, t.o.r.
Case is adjourned to 28/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Advocate Mr. M. S. Kadu for Plaintiff present and filed reply to NM no.467/20, t.o.r. and submitted that copy of NM reply is already served upon Defendant.
Representative of Defendant present.
Case is adjourned to 28/04/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR 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: NM FOR 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: NM FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv Ms. Shashikala Mahamuni for Plaintiff present.
None present for Defendant.
Adjd. for hearing on Notice of Motion hearing 26.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: Adv.Smt. Shashikala Mahamooni for plaintiff present.
None present for the defendant.
Adjourned for NM hearing after Summer vacation to 14/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: None present for both the parties.
Matter is adjd. for  NM hearing to 07.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv Adv Ms. Mahamuni for plff present.
None present for deft.
Several chances are granted to deft to argue NM No.467/2020 but he failed. Nobody is present for deft today also. No propriety to keep the matter pending any further at same stage in absence of deft hence, NM No.467/2020 is dismissed in default for want of prosecution.
In result, suit to proceed without WS against the deft.
Matter is adjd. for evidence without WS to 27.10.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv Ms. Mahamuni for plff present and  seeks adjournment.
None present for deft.
On request of adv. for plff, matter is adjd. for evidence to 20.12.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: By Precipe
Adv. Harshada Koli for defendant present and filed Draft Notice of motion alongwith affidavit in support for restoration of NM 467/2020 by setting aside order dated 07/09/2021.O-Leave to register is granted with direction to serve the otherside.Already adjdt to 28.02.2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv Ms. Mahamuni  present for plff.
Adv Mr. Vinay Paney present for deft. and tendered registered NM No.509/2022 alongwith affidavit in support.
Adv for plff seeks time to file reply.
Matter is adjd. for NM reply to 13.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv.Shashikala Mahamuni for plaintiff present.
Adv.Sirat Khan for deft. present.
On request of the pltff. last chance granted for filing reply in NM No.509/22.
Matter adjd to 26.07.2022 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. shashikala Mahamuni & Plaintiff present.
Adv. Ms. harshda koli for Def.
The plaintiff filed reply in NM. 509/2022 TOR marked as Exh.3 copy received by the Defendant. Adjourn for hearing in NM 509/2022.
Matter adjd to 16.09.2022
Judge
Next Purpose: HEARING
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv.Shashikala Mahamuni for plaintiff present. She submits that defendant has expired.
Matter adjd to 18.11.2022 for filing chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv.Shashikala Mahamuni for plaintiff present.
None present for defendants.
On oral request of the plaintiff matter is adjourned.
Matter adjd 08.02.2023 for steps for filing ch/s.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv.Shashikala Mahamuni for plaintiff present.
None present for the defendant.
Adv. for the plaintiff submits that details about legal heirs are not received.
Matter adjd to 07.07.2023 for filing chamber summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Adv. Mahamuni for plaintiff present filed draft C/S with supporting affidavit t.o.r. - O- Leave is grated for register the draft C/S.
None for defendant
Matter is adjd.to 29-08-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Adv. Shashikala Mahamuni a/w Adv. Rehan Khan for plaintiff present and filed affidavit service in C/S No. 1247/23 t.o.r. marked as Exh.3
None for defendant
Matter is adjd.to 04-12-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Adv.  Shashikala Mahamuni for plaintiff present.
Adv. Uma devi Shukla for defendant 1 and 2 present and filed vakalatnama on behalf of defendant taken on record marked as Exh. 04.
Matter is adjourned to   11-01-2024 for CS hearing.
Next Purpose: HEARING
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Shashikala Mahamuni for Plaintiff present.
None for defendant present.
On perused of affidavit in support, it appears that the defendant died on 06.08.2022. As right to sue servives after death of the defendant, CS No.1247/2023 is made absolute in terms of prayer clauses (a) to (d). The plaintiff is directed to carryout amendment in the plaint on or before the next date of hearing. Proceeding of CS No.1247/2023 is closed.
Matter stands adjourned on 18.03.2024 for compliance for the amendment.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Advocate Shashikala Mahamuni for plaintiff present and prayed for adjournment. O - Granted.
None for defendants No.1(a) and 1(b) present.
Matter stands adjourned on 04.07.2024 for compliance/amended copy of the plaint.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Adv. Shashikala Mahamuni  for plaintiff present.
Adv. Seerat Khan for defendant No. 1(a), 1(b) present.
Plaintiff seeks time for filing amended plaint and its service. Time granted.
Matter stands adjourned on 09/09/2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Adv. Shashikala Mahamuni for plaintiff present and prayed for grant of adjournment. Adjournment granted.
Adv. Umadevi Shukla for defendant No.1(a) and 1(b) present.
Matter adjourned for service.
Matter stands adjourned on 18/11/2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
Adv. Shashikala Mahamuni for plaintiff present.
Adv. Uma Shukla for defendant nos.01(a) and 01(d) present.
KB
Adv. for defendant nos.01(a) and 01(d) seeks adjournment. O- Short adjournment is granted.
Matter adjourned for NM hearing as a last chance.
Matter stands adjourned on 22.11.2024 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: None for plaintiff present.
None for defendant present.
Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 04/02/2025 for Notice of Motion hearing.
Later on.
Adv. Shashikala Mahamuni for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Adv. Shakuntala Mahamuni for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Shakuntala Mahamuni for plaintiff present.
None for defendant present.
Notice of Motion No.509/2022 is kept for hearing. Defendant and his Adv. are absent and are reluctant in proceeding with Notice of Motion. It appears that defendant is not interested in proceeding with Notice of Motion. Hence, Notice of Motion No.509/2022 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.509/2022 in Suit No.1954/2019 is closed. Cost in cause. Parties to take note.
Matter stands adjourned on 15/02/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: Adv. Shashikala Mahamuni for plaintiff present seeks time for filing evidence affidavit. Time granted.
None for defendant present.
Matter stands adjourned on 05/03/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 17/04/2025 for recording evidence.
Later on.
Adv. Shashikala Mahamuni for plaintiff present and seeks time for cross examination. Time granted.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Adv. Shashikala Mahamuni along with plaintiff present and filed evidence affidavit along with documents. O-Read and Record.  Taken on record and marked as Exhibit-5. Copy served upon other side.
She filed list of documents along with documents. Taken on record and marked as Exhibit-6. Copy served upon other side.
Adv. Manisha Gupta for defendant present and submitted that she has not received amended copy of plaint. Learned Adv. for plaintiff submitted that she will serve copy of amended plaint on defendant.
Matter stands adjourned on 02/05/2025 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: Adv. Shashikala Mahamuni h/f Adv. M. S. Kadu for plaintiff present.
Adv. Mansi Gupta for defendant present and filed say on list of document itself. All documents are denied.
Matter stands adjourned on 21/06/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: P. O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: Adv. Shashikala Mahamuni for plaintiff present.
None for defendant present.
Adv. for plaintiff requested for keeping back matter for sometime.
Keep Back.
Later on.
Adv. Shashikala Mahamuni for plaintiff present.
Plaintiff present.
Adv. Roquiya Khan h/f Adv. Kamlesh Tiwari for defendant present.
I have placed on record total 7 copies of E-mail, on page No.8 there is a proposed plan/layout which was also annexed with the E-mail sent by me. The said electronic documents supported by the certificate as required u/s 63 of Bhartiya Saksha Adhiniyam 2023. The said electronic document page no.1 to 8 file with the certificate u/s 63 of BSA so collectively mark as Exhibit-7.
The certificate as required u/s 63 of BSA given by Assistant Director Forensic Laboratory Bombay signed by her is mark as Exhibit-8.
I have also produced on record passbook of my saving account lying in Bharat Co-Op Bank, Mumbai having my account No.1457 showing the entries from the date 09/05/2013 to 06/01/2016 the entry dated 11/06/2015 is relevant showing the cheque No.514076 for Rs.5,00,000/- got encashed to defendant Mr. Khalil Ahmed Fazaldar(The deceased defendant) The said passbook now mark as Exhibit-9.
I have also placed on record the original payment for RS.8,00,000/- total including the above mentioned cheque the receipt is in my handwriting it is signed by defendant Mr. Khalil Ahmed Fazaldar before me against the receipt of payment. Its contents are correct. It is mark as Exhibit-10. I gave in all three E-mail dated 04/06/2015, 28/12/2016 and 01/05/2017 filed along with the certificate required  u/s 63 of BSA those E-mails are collectively mark as Exhibit-11.
The certificate as required u/s 63 of BSA given by Assistant Director Forensic Laboratory Bombay signed by her is mark as Exhibit-12.
I gave messages to deceased defendant No.1 on 01/06/2017, 03/06/2017, 04/09/2017, 22/09/2017, 07/10/2017, 07/10/2017 and 17/04/2018. To my message dated 04/09/2017 the reply was given by the son of defendant who is at present added as a defendant No.1(b) being legal heirs of defendant No.1 Mr. Khalil. The contents are correct as per the messages exchanged between us. I have placed on record those messages along with the certificate and the report given by the  Assistant Director Forensic Laboratory Bombay as per the requirement u/s 63 of Bhartiya Saksha Adhiniyam 2023. It runs from page No.31 to page No.44. The said report and certificate signed by  Assistant Director Forensic Laboratory Bombay. The said messages runs from page No.27 to page No.30 collectively mark as Exhibit-13 and the certificate with report given by  Assistant Director Forensic Laboratory Bombay is mark as Exhibit-14.
Office copy of notice dated 20/05/2018 given to deceased defendant No.1 Mr. Khali on my instructions by Adv. Mr. M. S. Kadu is placed on record by me. Its contents are correct. I know signature of my advocate. The copy of notice is mark as Exhibit-15. I have received reply to this notice dated 20/05/2018 from the defendant No.1 through his advocate Mr. Mahesh R. Pande. The original reply dated 28/06/2018 to my notice is placed on record by me. It is signed by learned advocate Mr. Pande it is mark as Exhibit-16.
Matter stands adjourned on 10/09/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Shashikala Mahamuni for plaintiff present.
None for defendant present.
Keep Back
Later on at 11.37 pm
Witness present.
Matter stands adjourned on 06.10.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Adv. Shashikala Mahamuni h/f Adv. M. S. Kadu for plaintiff present.
Adv. Uma Shukla h/f Adv. Sirat Khan for defendant present.
Keep Back.
Later on.
Adv. Shashikala Mahamuni h/f Adv. M. S. Kadu for plaintiff present.
Adv. Uma Shukla h/f Adv. Sirat Khan for defendant present.
Further examination in chief of the witness Dr. Karanji Gopala recorded on 02/08/2025 thereafter the matter is kept for cross examination by the defendant on 10/09/2025 but none for defendant was present. The witness however was present on that day even no application was filed for and on behalf of defendant on 10/09/2025 and therefore matter proceeded with no cross examination however, it was not taken in the roznama dated 10/09/2025. Even today also the witness is present in the court since morning for further evidence if any.
Matter already proceeded with no cross so it can not be adjourned for cross examination of this witness as requested by learned Adv. Uma Shukla for defendant.
Matter stands adjourned on 08/12/2025 for further evidence if any by the plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: Adv. Shashikala Mahamuni for plaintiff present and filed evidence close pursis. Taken on record and marked as Exhibit-15. O-Read and Record.
None for defendant present.
Matter stands adjourned on 02/02/2026 for recording further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Adv. Shashikala Mahamuni h/f Adv. M. S. Kadu for plaintiff present.
None for defendant present.
Matter stands adjourned on 26/02/2026 for recording further evidence if any.
Later on.
Adv. Roquiya Khan for defendant present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: Adv. Shashikala Mahamuni for plaintiff present.
None for defendant present.
Matter stands adjourned on 28-04-2026 for Necessary orders against defendant.
Next Purpose: ORDER
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Adv. Shshikala Mahamuni for plaintiff present.
Adv. Roquiya S. Khan h/f Adv. Kamlesh R. Tiwari for defendant present.
Defendant have failed to filed evidence since last 2 dates. Even today no effective steps taken. It is  clear that defendant is not interested in leading the evidence. Hence the evidence of defendant is closed and matter is kept for Arguments.
Matter stands adjourned on 02-07-2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: Adv. Shashikala Mahamuni for plaintiff present.
None for defendant present.
Mater is for final argument Adv. for plaintiff sought short  adjournment to argue the matter. Considering his request, short adjournment granted.
Matter stands adjourned on 21-07-2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/100467/2020
NOTICE OF MOTION/100509/2022
CHAMBER SUMMONS/101247/2023

Registration Number: 101954/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 101954/2019
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 105977/2019
Filing Date: 04-06-2019
First Hearing Date: 22nd July 2019
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE