Mr. Mustafa Taher KachwalaVsMohammed Ahmed Choughle +1 more

Date: 20-06-2018
Business: Adv. Ansari Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff tendered registered NM 1676/18 alongwith affidavit. t.o.r.
Ld counsel for the Plff sought time to file affidavit of service.
Adj. For Affidavit of service on 25/07/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Adv. Ms. Swati Maheshwari Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff sought time to file service affidavit of NM. Adj. Granted.
Adj. For Service affidavit of NM 1709/18 on 12/09/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Adv. Hansari Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff filed Service affidavit of the suit alongwith NM 1676/18. t.o.r.
As per service affidavit deft no1 and 2 served by RPAD as per the postal acknowledgement placed on record dt. 17/05/2018. till today Deft no.1 and 2 failed to appear before this court. Hence suit proceeded Ex-parte against deft no.1 and 2.
Ld counsel for the Plff submitted that along with Writ of summons the NM 1708/18 was served upon deft no.1 and 2 but as deft no.1 and 2 failed to appear filed reply to NM. It is proceeded without reply.
Hence matter kept for hearing of NM 1676/18 on 24/10/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2018

Date: 24-10-2018
Business: Adv. Shamim Present for the Plff.
Adv. A. L. Gore Present for the Deft.no.1 and 2 undertake to file VP.
Ld counsel for Deft no.1 and 2 submitted that, they are taking necessary steps for setting aside Ex-parte order till them deft are directed main status-quo in respect of suit property.
Kept for Hearing of NM 1676/18 and steps by deft on 12/12/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Adv. Swati Maheshwari Present for the Plff.
Adv. Amirsh Damani Present for the Deft.
Adv. Deft For filed VP. t.o.r.
Ld counsel for the Deft filed Draft NM alongwith affidavit.
Order- Heard. Leave Granted. NM be registered. Copy be served upon otherside as copy served upon Ld counsel for the Plff service affidavit is dispense with.
In view of submission of Ld counsel for the Plff status-quo against deft continue till further order.
Adj. For NM returnable and Reply of Draft NM and Hearing on NM 1676/18 on 30/01/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Business: Adv. Ansari Present for the Plff.
Adv. Gore Present for the Deft.
Registered NM 4692/18 not tendered by Deft.
Ld counsel for Plff sought time to file reply to NM 4692/18.Granted.
Earlier order to be continue till further order.
Adj. For Returnable Registered NM 4692/18 and reply by Plff and Hearing of NM 1676/18 on 13/03/2019.
Next Purpose: REPLY
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Adv. Sharif Lakadawala Present for the Plff.
Adv. Amrish Damani Present for the Deft.
Deft no.1 inperson present.
Ld counsel for the plff sought time to file reply to NM 1676/18. granted as last chance.
Ld counsel for deft tendered registered NM 4692/18 alongwith affidavit. t.o.r.
Earlier order continue till next date.
Adj. For reply of NM 1676/18, 4692/18 by plff on 26/06/2019.
Next Purpose: REPLY
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Shamim for plaintiff present.
D-1 (In-person) present.
Matter adjd for reply on 31/07/2019.
Next Purpose: REPLY
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv. Ansari for plaintiff present.
Adv. Gore for defendant present.
Court is busy in dictating Judgment in SCTB Matter No.7860/04, hence this suit is adjourned.
Matter adjourned for reply on 18/09/2019.
Next Purpose: REPLY
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: H.H.J. is on Leave
Next Purpose: REPLY
Next Hearing Date: 06-11-2019

Date: 18-09-2019
Business: H.H.J. is on Leave
Next Purpose: REPLY
Next Hearing Date: 06-11-2019

Date: 18-09-2019
Business: H.H.J. is on Leave
Next Purpose: REPLY
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Ansari for plaintiff present.
Adv. Ajay Mistry for defendant present.
Ld. Counsel for plaintiff endorsed reply on NM 4692/18
both side arguments heard on NM 4692/18
Matter adjd. for order of NM No.4692/18 and hearing of NM 1676/18 to 02/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 02-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 02-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Murtuja for plaintiff present.
Adv. Milind Rawant for defendant present.
Heard both sides. Keep for order.
Matter adjd for NM Order 20/12/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Mr. Ajay Mistry for defendant no. 1 and 2 present.
F.R.S.R. following order is passed-
ORDER
N/M no.  4692/18 is allowed as under
1. Ex-parte order passed against both the defendants dtd. 12.9.2018 is hereby set aside.
2. No reply order dtd. 12.9.2018 passed against both the defendants to the N/M no. 1676/18 is hereby set aside.
3. Both the defendants are permitted to file written statement to the suit and reply to the N/M no. 1676/18 till next date.
4. Costs in  cause.
Matter adjd to 24.1.2020 for filing written statement of both the defendant to the suit and reply to the N/M no. 1676/18.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
Adv. Ajay Mistry for defendant No. 1 and 2 present.
Exh.04-Adv. for deft no. 1 and 2 filed written statement of deft no.1 only. TOR. O-As per order passed on 20/12/2019 in NM No.4692/18, the WS of deft no.1 is read and recorded.
The Ld Adv appearing for deft no. 1 and 2 submits that copy of NM No. 1676/18 is not provided, therefore he could not prepare reply to the same. He further states that time be granted for filing written statement of deft no. 2 and reply of deft no. 1 and 2. He further states that deft no.2 is discharged from the hospital recently and she is senior citizen. Time granted till next date.
Kb..
Later on at 03.08 pm.
Adv. Ansari for plaintiff present.
Matter adjd for WS of deft no. 2 and reply of deft no. 1 and 2 on  04/03/2020 at 02.45 pm.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: None for plaintiff.
Adv. Ajay Mistry for both defendant present.
Ld Adv for both defendants filed reply of defendant no.1 t.o.r.
O- R and R.
Ld Adv for both defendants submits that defendant no.2 again admitted in the J.J. Hospital. Therefore, he seeks time to file WS and reply. Time granted till next date.
Matter adjd for WS and NM reply to 08-04-2020 at 2.45 pm.
L.O. at 2.57 pm
Adv Ansari for plaintiff present.
Copy of the reply is provided to the plaintiff advocate today in the court.
Matter adjd for WS and NM reply to 08-04-2020 at 2.45 pm.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
Today matter is posted for filing WS of defendant no.2 and NM reply of defendant no.1 and 2.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for filing WS of defendant no.2 and NM reply of defendant no.1 and 2 to 01-02-2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Court is vacant
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Court is vacant
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is Vacant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Court is Vacant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: None for plff
None for defendant
Matter is adjd on 06.09.2022 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None for plff
None for defendant
Main matter is listed on 03.10.2022.  Hence adjourned on 03.10.2022
Matter is adjd on 03.10.2022 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Matter called out at 3.42 pm
None for plff
None for defendant
Matter is adjd on 02.12.2022 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Matter called out at 2.54 pm
None present
Main matter is  listed on 21.01.2023.  Hence, matter adjourned.
Matter is adjd on 21.01.2023 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: None present for both parties.
Record shows that advocate for defendant no. 2 has tendered death certificate of defendant no. 2 on 01/02/2021. The defendant no. 2 has expired on 22/08/2020. Since then plaintiff has not taken steps to bring on record the legal heirs. Therefore suit against defendant no. 2 stands abated. Both the parities are not attending matter. Matter put up for further order.
Matter is adjd on 23-03-2023 for steps.
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Matter is already adj to 30/09/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Plaintiff present.
Adv. for defendant present.
kept back.
Matter called out at 3.15pm
Plaintiff present.
Adv.Ansari i/b Shamim and Company for plaintiff present.
Plaintiff filed application for withdraw of the suit unconditionally T.O.R marked as Exh-6
Plaintiff present submits that he want to withdraw the suit unconditionally.  Order on Exh-6- Other side to say.
Matter is adj to 12/10/2023 for reply on Exh-6
Later on at 3.36pm
Adv.Sadashiv Tanawade for defendant No.1 present.   He filed reply on Exh-6 itself.   He also submits that defendant No.2 is dead.
Matter is adj to 12/10/2023 for order on Exh-6
Next Purpose: ORDER
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Manisha Jadhav h/f Adv.Gore for defendant No.1 present.
kept back for order.
As court is busy hearing in other matter hence, matter is adj to 13/10/2023 for order on Exh-6.
Next Purpose: ORDER
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Slatewala i/b S.Shamim and Company for plaintiff present.
None for defendant.
                        ORDER BELOW EXHIBIT-6.
    Vide this application the plaintiff wants to withdraw the suit.  Defendant No.1 has no objection.  It is submission Ld.Adv.for the plaintiff that defendant No.2 is dead.  In such circumstances there is no hurdle to allow the application.   Accordingly Suit No.1849/2019 is disposed off as withdrawn as per Exh-6.   Court fee be refunded as per the rules.
Accordingly N/M No.1708/2018 also disposed off.
Nature Of Disposal: OTHER
Disposal Date: 13-10-2023

Main Case No: SUIT/0100736/2018
Main Cnr: MHCC010017972018
Main Filing No: 111447

Registration Number: 101676/2018
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 105617/2018
Filing Date: 24-04-2018
First Hearing Date: 20th June 2018
Decision Date: 13th October 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE