Date: 20-06-2018
Business: Ms. Priyanka Bagat I/b Yatin Y. Shah, Advocate for Plaintiff, present. None for Defendant. Ms. Bagat prays for issue of notice before execution returnable on 19/07/2018. Hence, issue notice returnable on 19/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2018
Date: 19-07-2018
Business: Smt.Harsha Shah I/b Yatin Shah, Advocate for Plaintiff, present. On request of Smt. Shah for issuance of Show Cause Notice before execution, adjourned to 31/07/2018.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Ms.Priyanka Bagad I/b.Yatin Shah, Advocate for Plaintiff is present. On request of Ms.Bagad, adjourned to 27/08/2018.
Next Purpose: FOR___________________
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Ms. Harsha Shah I/b Yatin Y. Shah, Advocate for Plaintiff, present. Execution Application marked as Exh.A (colly.). Ms. Shah, submits that though the decree sought to be executed is contested Decree, considering the provisions of Order XXI, Rule 22 of CPC and section 8(2)(c) of Bombay City Civil Court Act, 1948, no notice is required to be issued against the defendants and warrants of attachment may be issued directly. Hence, upon hearing Ms. Shah issue warrants of attachment u/o.XXI Rule 43 and 54 of C.P.C., returnable on 10/09/2018.
Next Purpose: FOR___________________
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Ms. Apoorva Pawar I/b Yatin Y. Shah, Advocate for Plaintiff, present. On request of Ms. Pawar, returnable date of warrant is extended till 10/10/2018.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2018
Date: 10-10-2018
Business: Ms. Priyanka Bagat I/b Yatin Y. Shah, Advocate for Plaintiff, present. On request of Ms. Bagat, returnable date of warrants is extended till 01/11/2018.
Next Purpose: FOR___________________
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Ms. Harsha Y. Shah with Ms. Priyanka Bagat I/b Yatin Y. Shah, Advocate for Plaintiff, present. On request of Ms. Shah returnable date of warrants is extended till 31/01/2019.
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2019
Date: 31-01-2019
Business: Miss. Priyanka Bagat, Advocate for plaintiff present. Mr. Khan, defendant present. Shri. Khan, states that he has not been served the copy of exe. Application and has applied for the certified copy of the same, which is likely to be delivered to him by 18/02/2019, and he therefore request time beyond 18/02/2019, enabling him to file reply the matter. Ms. Bagat states that the matter is at the stage of issue of warrant of sale. However, as the defendant has appeared, in the interest of justice, for reply of defendant, by consent adjourned to 27/02/2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Ms. Harsha Shah and Miss. Priyanka Bagat, Advocate for plaintiff present. Ms. Retiwala, Advocate for Defendant Nos.4 to 8, present. Execution Application marked as Exh.A (colly.). Vakalatnama tendered by Ms. Retiwala for Defendant Nos.4 to 8 is t.o.r. and marked as Exh.B. Sheriff report in respect of warrant of attachment u/o.XXI Rule 54 of CPC, bearing No.SJD/A-71967/158/2019, dated 19/01/2019, under this office Inward No.981, dated 24/01/2019, t.o.r. and marked as Exh.C. Copy of the said report addressed to Yatin Shah, Advocate for Plaintiff, tendered in the Court on last occasion by Ms. Bagat, is also t.o.r. and marked as Exh.D. Ms. Shah has tendered warrant of sale, t.o.r. and marked \''X\'' for identification. Ms. Shah states that warrant of sale be issued as the Defendant has not yet filed reply. Ms. Retiwala upon instructions from Defendant states that First Appeal (St.) No.2741 of 2019 has been preferred in the Hon\''ble High Court and she further states that the Defendant is moving before the Hon\''ble Court Room No.01, tomorrow, for certain reliefs. Ms. Shah states that since there is no stay in execution proceedings, warrant of sale be issued. However, as the Defendants have filed Vakalatnama and are moving before the Hon\''ble Court tomorrow in the morning session, it will be appropriate to adjourn the matter till tomorrow for reply of Defendants and for awaiting the orders which may be passed by the Hon\''ble Court tomorrow. Hence, by consent, adjd to 28/02/2019 at 4.00 p.m.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: Ms.Harsha Shah, Advocate for plaintiff present. Ms.Rashida Retiwala, Advocate for Defendant Nos.4 to 8 is present. Though the matter is placed on board today at 4.00 p.m., Advocates appeared before this Court at about 5.30 p.m. after completion of hearing on Chamber Summons taken out by the defendants in Court Room No.1. Ms.Shah has tendered Affidavit Dtd.28/02/2019 in support of Warrant of Sale tendered yesterday, taken on record and marked as Exh.E. Ms.Shah prays that the Warrant of Sale be issued forthwith against all the judgment debtors as the Honourable Court No.1 has not granted stay today when the application moved by the applicants. Ms.Retiwala states that the Chamber Summons has been adjourned to 07/03/2019 for reply of the plaintiff and requests to adjourn the matter beyond 07/03/2019 to see the orders as may be passed by the Honourable Court No.1 on 07/03/2019. Ms.Shah strongly objects for adjournment and insists for issuance of Warrant of Sale. The matter against defendant Nos.2. to 8 has become contested upon filing of Vaklatnama by Ms.Retiwala for Defendant Nos.2 to 8 and also subjudiced before the Honourable Court No.1 as the Chamber Summons in the matter is stated to be pending before the Honourable Court No.1. In such circumstances, it will not be appropriate to issue warrant of Sale against Defendant No.4 to 8 and therefore, it is suggested to Advocate for plaintiff that presently Warrant of Sale as against Defendant No.9 only can be issued by this Court. However, the said suggestion is not acceptable to Advocate for Plaintiff. Both the advocates are contesting the matter hotly. In such circumstances, considering the proviso to the powers delegated to the Registrar under section 8(2) of the Bombay City Civil Court Act, 1948, I think it proper to refer the matter for the decision of a Judge. Accordingly, the matter is hereby submitted to the Honourable Court on 01/03/2019 at 2.45 p.m. Office to take steps for assignment of the matter to Court Room No.1. Parties and Advocates to appear before Court Room No.1 on 01/03/2019 at 2.45 p.m.
Disposal Date: 28-02-2019
Date: 07-03-2019
Business: Resumed.
Adv. Shah for DH and Adv. Retiwala for applicant are present.
Adv. Retiwala for applicants tendered registered Ch/s no. 481/2019 with affidavit. Adv. Shah filed affidavit in reply to Ch/s no. 481/2019.
Adv. Retiwala also filed affidavit in rejoinder. Copies are served on advocate Shah.
Adv. Shah submits that the DH do not want to file sur- rejoinder as the affidavit in rejoinder contents facts prior to the decree.
Adjd for Ch/s arguments to 20.03.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Resumed.
Adv. Ms. Shah for DH and Adv. Ms. Retiwala for applicant and Adv. R. R. Tiwari for obstructionist are present.
Adv. Tiwari filed vakalatnama on behalf of Adv. Tushar Vijay Mandnekar, Obstructionist with the written objections against attachment of the property by claiming that the obstructionist is in occupation of the property under attachment in capacity of tenant.
Order
1. The obstruction application is dismissed.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Resumed
Adv. Shah for Pltff.
Adv. Retiwala for Deft no.4 to 8.
Advocate Retiwala on instructions made a submission that defendant no.4 to 8 will withdraw the first appeal (St.) No.2741 of 2019 within one week.
Heard advocate Shah on N/M No. 903/2019 and reply of advocate Retiwala. Advocate Retiwala also submitted written submission. Advocate Shah seeks time to file written submissions.
Adjd for Written submission of Pltff to 26.03.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 26-03-2019
Date: 22-03-2019
Business: Resumed
Adv. Shah for Pltff.
Adv. Retiwala for Deft no.4 to 8.
Advocate Retiwala on instructions made a submission that defendant no.4 to 8 will withdraw the first appeal (St.) No.2741 of 2019 within one week.
Heard advocate Shah on N/M No. 903/2019 and reply of advocate Retiwala. Advocate Retiwala also submitted written submission. Advocate Shah seeks time to file written submissions.
Adjd for Written submission of Pltff to 26.03.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 26-03-2019
Date: 22-03-2019
Business: Resumed
Adv. Shah for Pltff.
Adv. Retiwala for Deft no.4 to 8.
Advocate Retiwala on instructions made a submission that defendant no.4 to 8 will withdraw the first appeal (St.) No.2741 of 2019 within one week.
Heard advocate Shah on N/M No. 903/2019 and reply of advocate Retiwala. Advocate Retiwala also submitted written submission. Advocate Shah seeks time to file written submissions.
Adjd for Written submission of Pltff to 26.03.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Resumed.
Adv. Ms. Shah for plaintiff present.
JD no. 6 and 7 in person are present.
Adjd to 11.4.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Resumed.
Adv. Shah for Pltff. Adv. Retiwala for Deft no.4 to 8.
The P.O. is busy in passing Ch/s orders in Suit No. 1058/2015 and Judgment in Suit No. 6216/2005. For want of time the board is discharged.
Adjd for hearing to 12.04.2019.
Next Purpose: HEARING
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Resumed.
Adv. Priyanka Bagat for plaintiff and Adv. Retiwala for defendant nos. 4 to 8 and are present.
FRSR the following order is passed on NM No. 903 of 2019.
ORDER
1. The Notice of Motion no. 903 of 2019 is made absolute in terms of prayer clause (a) and (b) in respect of defendant nos. 4 to 8.
2. Parties to bear their own costs of the notice of motion.
Adjd for Ch/s hearing to 14.06.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv. Miss Shah for decree holder present.
Adv. Retiwala for JD nos. 4 to 8 present.
On oral request of advocate of decree holder, adjourned for chamber summons hearing to 9.7.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Adv. Shah for Decree Holder present.
The Ld. counsel for the plaintiff submitted that the matter is before the Hon\''ble High Court tomorrow. It is submitted by the ld. counsel for the plaintiff that before the Hon\''ble High Court defendant counsel made the statement that he will not press for hearing on chamber summons.
Adjourned for hearing on chamber summons to 7.8.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Adv. Apoorva Pawar for DH present.
Judgment Debtor / original defendant no. 7 present
Adjourned for hearing to 30.8.2019.
Next Purpose: HEARING
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Adv. Apoorva Pawar for DH present.
Adv. Retiwala for JD present.
The Ld. counsel for the DH and JD submitted that the the counsel for the JD has made the statement before the HC that they will not go on with the CS. In view of the same matter is adjourned for CS hearing to 16.10.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Shah for DH present.
Adv. Retiwala for JD / original defendant nos. 5 to 8 present.
Adjourned for hearing to 20.11.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Shah for DH present.
Adv. Retiwala for JD / original defendant nos. 5 to 8 present.
Draft NM along with affidavit tendered by Adv. Tiwari on behalf of obstructionist. Leave is granted to register.
Application along with affidavit filed by DH seeking direction from this court for allowing the sale of the property belongs to JD.
Copy of application (Exh. 2) along with affidavit served to the JD.
Adjourned for reply of DH and JD to the NM filed by the obstructionist and reply of JD to Exh. 2 to 13.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Ms. Shah for DH present.
Applicant Tushar is present.
Issue notice to JD no.9 and 10 in respect of application (Exh.8).
DH to take steps to serve Exh.8 to JD no.9 and 10.
Review notice of motion is not registered by the applicant Tushar Madanekar. Last chance is granted to applicant to register the review notice of motion and to serve it to DH.
The matter is adjd for N/M reply to 06.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Harsha Shah for DH present.
JD no.6 and 7 present.
Reply filed by DH to the review N/M. T.O.R.
The matter is adjd for hearing on N/M to 13.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Harsha Shah for DH present.
JD nos.6 and 7 present.
The applicant has not taken the review motion for registration hence, the draft review motion is dismissed for want of compliance. It be registered for statistical purposes.
Ld. counsel for DH submitted that she will take steps against other JD\\\''s.
The matter is adjd for steps to 22.04.2020 at 02.45 pm.
L.O.
Adv. R.R. Tiwari for applicant present.
He filed application for calling back the order dismissing N/M.
O. - The application is moved on the same day hence, the order dismissing the N/M is called back.
The applicant tendered registered N/M No.1083/2020. T.O.R.
The applicant to serve to the copy of N/M to DH.
The matter is adjd for steps and reply to N/M to 22.04.2020 at 02.45 pm.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.12.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None present.
Adjourned for steps and reply.
The matter is adjd for steps and reply to 06.01.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv. Harsha Shah for D.H present.
The matter is adjd for hearing on Ch/s to .23.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Shah for DH present.
Ld. counsel for DH seeks time for hearing on N/M. Granted.
The matter is adjd for N/M hearing to 11.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Shah along with Adv. Apurva Pawar for DH present.
Adv. Tasmin Bora for applicants in Ch/sum no.481/19 present.
None present on behalf of applicant in N/M no.1083/20.
Put N/M no.1083/20 for dismissal.
The Ch/sum no.481/19 was filed for stay of attachment warrant dated 04.10.2018 by the applicants who are original deft. nos.4 to 8. It appears that judgment and decree dated 19.11.2017 in the suit was set aside qua these defendants. Ld. Counsel for applicants submitted that she will make submission on next date in respect of prosecution of Ch/sum no.481/19.
The matter is adjd for dismissal of N/M no.1083/20 to 31.03.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for dismissal of N/M to 04.05.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: Due to Covid-19, matter is adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: P.O is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. R.R. Tiwari for applicant is present.
None for DH and JD.
Last chance for hearing.
Matter adjd for CH/S and NM hearing on 18.10.2021.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Office Order No.213 of 2021 dated 12.10.2021, hereby declared holidays on 18.10.2021. Matter is adjd. to 27.11.2021
Next Purpose: HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 22/02/2022 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Applicant Tushar Mandanekar in NM No. 1083/20 present.
None appeared for DH and JD.
Matter is adjd to 30/03/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. R. R. Tiwari for obstructionist present.
Matter is adjd to 21/06/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Harsha Shah for plaintiff is present.
Adv. Tasmin for defendant is present.
The Ld. Adv.for the plaintiff has tendered original registered CH/S No. 531/22 supported by affidavit. T.O.R.
Copy supplied to other side.
Matter adjd to 11.08.2022 for CH/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Kajal Gupta for plaintiff is present.
Adv.Tasmin Bohra for defendant nos. 4 to 8 is present.
Applicant Tushar Mandanekar is present.
On oral request of applicant matter adjourned for hearing on Ch/S.
Matter adjd to 30.08.2022 for CH/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Divya Tekwani for plaintiff is present and tendered draft CH/S a/w affidavit in support of it. O- Leave granted to register.
None present for defendant.
Matter adjd to 28.09.2022 for CH/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Kajal Gupta for plaintiff is present and tendered original registered CH/S No. 1367/22 a/w affidavit in support of it. T.O.R.
None present for defendant.
Matter adjd to 09.11.2022 for CH/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Kajal Gupta for plaintiff is present.
Adv. Tasreem Vohra for defendant no.s 4 to 8 is present.
Heard both the sides.
Order below CH/S NO. 531/22
Perused the chamber summons and heard both the ld. Advocates. The chamber summons is taken out by the plaintiff for deleting the name of plaintiff no. 4 who died on 03.10.2019 during pending of proceeding. It is contended that already her legal representative are on record. The defendant ask to pass suitable order.
It is contended that the legal representative of deceased plaintiff no. 4 Vijaya Jayantilal Chavan are already on record. The chamber summons is only taken out for deleting her name from array of plaintiff. Hence, considering the submissions Chamber Summons No. 531/22 stands allowed and made absolute in terms of prayer clause (a) and (b).
The plaintiff to carry out amendment with in 14 days.
Chamber summons stands disposed of accordingly.
Order below CH/S NO. 1367/22
Perused the chamber summons and heard both the ld. Advocates. The chamber summons is taken out by the plaintiff for deleting the name of defendant no. 6 from the array of clause title and to bring legal heir/ Legal Representative on record.
It is contended that defendant no. 6 Noor Aattaullha Khan died on 17.10.2021 during pendency of proceeding. Proposed defendant nos. 6(a) and 6(b) are only legal heirs / legal representatives of the deceased. Hence, they being necessary parties needs to be brought on record.
The defendant ask to pass suitable order.
It reveals that defendant no. 6 died on 17.10.2021 leaving behind proposed defendant nos. 6(a) and 6(b) as only legal heir/legal representatives. The right to sue and be sued survive in their favour. Hence, considering the submissions Chamber Summons No. 1367/2022 stands allowed and made absolute in terms of prayer clause (a).
The plaintiff to carry out amendment within 14 days.
Chamber summons stands disposed of accordingly.
Matter adjd to 24.11.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Shweta Singh for D.H. is present.
None present for J.D.
Matter adjd to 19.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv. Sharadha Ghag for plaintiff is present.
Adv. Tasneem Vohra for defendant nos. 4 to 8 is present.
KB LO at 3.55 p.m.
The Ld.Adv.for plaintiff has filed pursis thereby submitted that the plaintiff has challenged the order dtd. 12.04.2019 before the Hon\''ble High Court vide Appeal No. 848/19. It reveals that till date no stay has been granted by the Hon\''ble High Court to the present proceeding. Hence, parties are directed to bring appropriate order from the Hon\''ble High Court, else proceed with the matter.
Matter adjd to 22.02.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: P.O. is on leave. Matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Shweta Singh for plaintiff is present.
Adv. Duraiya Retiwala for defendants no. 4 to 8 is present and filed V/P of defendants no.6(a) and 6(b) t.o.r marked at Exh.9.
Matter adjd to 05.06.2023 for hearing on CH/S No. 481/19.
Next Purpose: C/S HEARING
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Harsha Shah for plaintiff present.
Adv. Anuja Lokat for defendant present.
Matter stands adjourned on 04.07.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Adv. Makhwana for DH is present.
None present for JD.
Matter adjd to 02.08.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Adv. Harsha Shah for DH present.
None for JD when called.
Heard arguments of adv. Harsha Shah for DH.
Order below Chamber summons No. 1022/2023
The plaintiff has taken out present chamber summons to bring LRs of deceased defendant no. 9 on record. It is contended that during pendency of the suit the defendant no. 9 died on 25.01.2023 which came to the knowledge of the plaintiff from the paper publication published in Gujarati Newspaper Gujarat Samachar. Inspite of giving opportunity to defendants, they failed to file reply. Today also, none present for defendants when called. As the right to sue and to be sued survived in favour of legal representatives of deceased defendant no. 9, hence, they being necessary party needs to be joined to the suit and execution proceeding. Hence, following order
ORDER
1. The Chamber Summons No. 1022 of 2023 stands allowed and made absolute in terms of prayer clause (a).
2. Plaintiff to carryout amendment within 14 days.
3. Plaintiff to file copy of amended plaint on record and supply to other side.
4. After carrying out amendment, writ of summons be issued to newly added defendants.
5. Presence of plaintiff is dispensed for carrying out amendment.
6. The Chamber summons No. 1022 of 2023 stands disposed of accordingly.
Matter adjd to 17/08/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Shah for DH is present.
None present for defendant.
K.B.
Later on at 5.30 P.M.
Amendment is carried out.
Matter adjd to 11.09.2023 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Shweta Singh for plaintiff is present.
Adv. Retiwala for defendant no. 2 to 8 is present.
Applicant of the obstructionist is present.
The applicant is directed to serve copy of NM to the plaintiff before next date in advance, else appropriate order will be passed. Notice of motion and chamber summons to be heard.
Matter adjd to 10.10.2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Adv. Kavita Mugse for D/H and in suit for plaintiff is present.
Adv. Retiwala for J/D and in suit for defendant nos. 4 to 8 is present.
Matter adjd to 29-11-2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Adv. Harsha Shah for DH is present.
Adv. R. R. Tiwari for applicant in NM No. 1083/20 is present.
Adv. Duraiya S. Retiwala for applicant in Chs no. 481/19 is present.
Matter adjd to 12.01.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: P.O is on leave
Next Purpose: HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Harsha Shah for plaintiff/DH is present.
Power of attorney defendant no. 4 and 8 and defendant no. 7 is present and seek time. O- Time granted as last chance.
Matter adjd to 12.02.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Adv. Harsha Shah for DH is present.
None present for JD.
Sufficient time is granted to defendant to work out chamber summons no. 481/2019 and notice of motion no. 1083/2020. Today also applicant in chamber summons and applicant in NM are absent. Hence, chs no. 481/2019 and NM No. 1083/2020 are kept for dismissal order.
Matter adjd to 16.03.2024 for NM and Ch/s for dismissal order.
L. O at 3.45 p.m
Adv. Tasneem Vohra h/f Daraiya Retiwala JD no. 4 to 8 is present.
Matter already adjd to 16.03.2024.
Next Purpose: HEARING
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Adv. Kavita Mungase h/f Harsha Shah for plaintiff is present. Applicant in Ch/s No.481 of 2019 and applicant in NM No.1083 of 2020 absent. His advocate absent. Sufficient time granted to work out Ch/s. and NM. Today Ch/s and NM are posted for dismissal order from the roznama it is seen that applicant is not interested to proceed with Ch/s and NM, hence Ch/s No.481 of 2019 and NM No.1083 of 2020 stands dismiss for default. No order is cost.
None for defendant no.4 to 8.
Matter adjd to 15.04.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: Adv. Kavita Mungse for DH is present.
Adv. Arwa Lokat h/f Adv. Daraiya Retiwala for JD is present.
Matter adjd to 02.05.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: P. O is on leave
Next Purpose: HEARING
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Adv. Shweta Singh h/f Harsha Shah for plaintiff is present.
Adv. Tasneem S. Vohra for defendant no.4 to 8 is present and tendered original NM No.1466/2024. Copy already served on other side.
Adv. for plaintiff filed reply to NM No.1466/2024. TOR. Copy served on other side.
Matter adjd to 13.06.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Adv. Harsha Shah for plaintiff/DH is present.
None present for defendant.
Last chance granted to defendant to work out NM, on failure NM will proceed furhter.
Matter adjd to 08.07.2024 for NM hearing.
L.O at 3.20 p.m
Adv. Arwa Lokat h/f Adv. Duriya Retiwala for defendant no.4 to 8 is present.
Matter already adjd to 08.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: Adv. Shweta Singh h/f Yatin Shah for plaintiff/DH is present.
None present for JD.
Matter adjd to 31.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. Harsha Shah for plaintiff/DH is present.
Adv. Retiwala for JD no.4 to 8 is present.
Heard both sides.
F.R.S.R following order is passed in Notice of Motion No.1466 of 2024
ORDER
1. Notice of motion no.1466/2024 is hereby allowed in the following terms :-
(a) Chamber summons no.481/2019 is hereby restored subject to cost of Rs.2000/- to be paid to D.H. within 14 days from today.
(b) Notice of motion is hereby disposed off.
Matter adjd to 13.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Adv. Kavita Mungse h/f Yatin Shah for DH is present.
Adv. Retiwala for JD No.4 to 8 is present.
Cost amount paid. Chamber summons no.481/2019 be restored to its original stage.
Matter adjd to 04.09.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Adv. Harsha Shah for plaintiff is present in suit and for D.H in Execution application no. 113/18
Adv. Retiwala for defendant / Respondent no. 4 to 8 and J.D is present.
The learned advocate for plaintiff seek time on the ground that Appeal from order against the order passed in Notice of motion and same is pending. She seek time , time granted.
Matter adjd to 01/10/2024 for R/E .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2024
Date: 01-10-2024
Business: Adv. Harsha Shah for DH is present.
Adv. Retiwala for JD no.4 to 8 is present.
Matter adjd to 25.10.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Adv. Kavita Mungse h/f Adv. Harsha Shah for DH is present.
Adv. Tasneem Ushra h/f Adv. Retiwala for JD no.4 to 8 is present.
Matter adjd to 12.11.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Harsha Shah for DH is present.
Adv. Retiwala for JD no.4 to 8 is present.
With consent matter adjd to 16.11.2024 for evidence of defendant.
Next Purpose: C/S HEARING
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: Adv. Harsha Shah for DH is present.
Adv. Retiwala for JD no.4 to 8 is present.
With consent matter adjd to 25.11.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: P. O is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Adv. Harsha Shah for DH is present.
Adv. Usma Khan i/b Retiwala for JD no.4 to 7 is present.
Matter adjd to 12.12.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: Adv. Harsha Shah for DH is present.
Adv. Usma Khan i/b Retiwala for JD no.4 to 8 is present.
Matter adjd to 19.12.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: Adv. Kavita Mungse h/f Adv. Harsha Shah for plaintiff is present.
Adv. Arwa Lokat for defendant Nos. 4 to 8 is present.
Both made statement that the matter before Hon\''ble High Court was fixed for hearing on 16.12.2024 however, matter could not reached and adjourned to 20.01.2025 and requested to adjourn the hearing of suit beyond vacation. O- Time granted.
Matter adjd to 23-01-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: Adv. Harsha Shah for DH is present.
Adv. Retiwala for JD no.4 to 8 is present.
Decree passed in the suit no.301/1988 is already set aside. Last chance granted with understanding that no further adjournment will be granted.
With consent matter adjd to 31.01.2025 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: Adv. Harsha Shah for plaintiff is present and seek time. O- Time granted as a last chance.
Adv. Uzma Khan i/b Retiwala for defendant no.4 to 8 is present.
Matter adjd to 06.02.2025 for recording evidence .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: Adv. Harsha Shah for DH is present.
Adv. Usma Khan a/w Adv. Retiwala for JD no.4 to 8 is present.
JD no.4 and 7 present.
Heard both sides.
F.R.S.R following order is passed in Chamber Summons No.481 of 2019
ORDER
1. Chamber summons no.481 of 2019 is hereby allowed with no order as to costs.
2. Attachment warrant dated 04.10.2018 is hereby recalled and cancelled in view of order passed in NM no.903 of 2019.
3. Chamber summons is disposed off.
Matter adjd to 30.04.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Adv. Kavita Mungse for DH is present and seek time. O- Time granted as last chance, on failure further order will be passed on next date.
None present for JD.
Matter adjd to 09.06.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: DH and Adv. Kavita Mungse are absent.
None present for JD.
Matter adjd to 27.06.2025 for steps.
L. O at 12.23 p.m.
Adv. Harsha Shah for DH is present.
Matter adjd to 27.06.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Adv. Priyanshi Shah for DH is present.
None present for JD.
Matter adjd to 12.09.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: Adv. Kavita Mungse for DH is present and filed pursis Exh.23 along with order of Hon'ble High Court dated 05.08.2025 which has granted stay to this proceeding. Hence, matter is adjourned as stayed.
None present for JD.
Matter adjd to 29.11.2025 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: Adv. Kavita Mungse for DH is present and made statement that execution is stayed. Statement is recorded.
None present for JD.
Matter adjd to 24.02.2026 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: P.O is on Leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-04-2026
Date: 29-04-2026
Business: Adv. Kavita Mungse for DH is present.
None present for JD.
Matter adjourned to 20.08.2026 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: CORAM : HIS HONOUR JUDGE SHRI R. S. ARADHYE (C.R.NO.1)
Adv. Kavita Mungse plaintiff is present.
None present for defendant.
Matter adjourned to 06.11.2026 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-11-2026