Mr.Abdul Rahman s/o.Abdul Aziz Fitwalla +8 moreVsMohammed Islam Abdul Salaam Qureshi +10 more

Date: 13-07-2018
Business: None present for the plff.
None present for the deft.
The plaintiff has failed to file proof of service of writ of summons.
Matter is adjd. to 20.08.2018 for affidavit of service or for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2018

Date: 20-08-2018
Business: Plaintiff no. 4 present.
None present for the deft.
Application filed by plff no. 4 for extension of time to serve writ of summons. t.o.r.   Time is extended.
Matter is adjd. to 16.10.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: None present Adv. for the Plaintiff present.
Adv. for Defendant present.
Prove of service of Writ of summons not tendered.
Matter is adjd. to 13.11.2018 for Prove of service of Writ of summons /or dismissal order.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: None present for the plffs.
Matter is adjd. to 5.02.2019 for proof of service of writ of summons of the deft  or for dismissal order.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: As Court is busy in hearing arguments in Suit No.3856/08 and Suit No.9650/90. Hence, Board is discharged.
Matter is adjd. to 04.04.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Resumed.
None for plaintiff.  Adv. Mohnish Choudhari for defendant no. 1 is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 3 A - Application by Plaintiff no. 4 dtd. 20.08.2018.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Vakalatnama of Adv. Choudhari for defendant no. 1. O- Seen and filed.
He seeks time to file written statement.  Time is granted subject to statutory limitations.  Liberty to mention.
Exh. 7 - Original writ of summons with affidavit.  O- filed.
It appears there from that the defendant no. 9 is also served with writ of summons on 01.09.2018 and she accepted summons on behalf of def. Nos. 2 to 8, 10 and 11.  She has not appeared in the matter.  The suit be heard ex-parte against defendant no. 2 to 4 and 6 to 11.  The plaintiff is directed to explain whether the defendant nos. 5 is minor or attained majority.  Thereafter necessary orders will be passed in the matter.
Adjd for written statement of def. no. 1/no w.s. orders to 15.07.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: None present for plaintiffs and defendants.
The defendant no. 1 failed to file written statement within the statutory period.  Hence the suit is proceeded without written statement of defendant no. 1.  Plaintiff, as per the  order dated 4.4.2019, had not submitted that the deft. no. 5 is minor or attained majority.  Plaintiff to comply the order dated 4.4.2019.
Matter is adjourned for compliance of order dated 4.4.2019 and exparte evidence to 13.9.2019.
LO
Plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: PW-1 present.
None resent for defendants.
Compilation of documents filed by the plaintiffs.  TOR.
Affidavit of examination in chief of PW-1 Abdul Hakim Abdul Aziz Fitwalla.
Adjourned for hearing on admissibility of the documents to 11.11.2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Plaintiff no. 1 present.
Adv. Mohammed Iftikhar Ali for plaintiff present.
Adjourned for hearing on admissibility of the documents to 23.11.2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Muhammed Iftikhar Ali for plaintiffs present.
Adv. Mohanish Choudhari for defendant no. 1 present.
Defendant no. 1 tendered draft NM along with  supporting affidavit and written statement.  Leave is granted to register.
Heard Ld. counsel for the defendant no. 1 and plaintiffs on draft NM.
Order on draft Notice of Motion
The  counsel for the defendant no. 1 submitted that the writ of summons without annexures was served upon  defendant no. 1 on 1.9.2018.  On 16.10.2018 the advocate for the defendant no. 1 appeared in the matter and no one from the side of the plaintiff appeared and the matter was adjourned to 13.11.2018.  On 14.1.2019 the advocate for the defendant no.1 pointed out while appearing in the suit no. 731/18 that the plaintiffs have served writ of summons without annextures therefore written statement could not be filed.  The plaintiffs served the annexures at the office of the advocate for defendant no. 1 on 24.1.2019.  As the defendant no. 1 was not keeping well and therefore could not give instruction to his advocate for preparing written statement.  Thereafter defendant no. 1 forgot to update his advocate.  The defendant no. 1 was travelling for business and religious purpose therefore lost the track of the matter. The defendant no. 1 therefore now wish to file written statement and there is delay of 273 days for which he prayed for condoning it.
        The Ld. Advocate for the plaintiff vehemently opposed the present NM on the count that the defendant No .1 has not made out sufficient cause for delay.  He would submit that delay is intentional an deliberate.   He would further submit that in order to substantiate the statement in affidavit the defendant no. 1 has not filed any document
              The reason assigned by the defendant no. 1 is not supported by document.  The reason assigned by the defendant no. 1 for delay does not appears to be justifiable.  Be that as it may, the defendant no. 1 wish to participate in the proceeding.  No doubt plaintiff has filed his affidavit of examination in chief and compilation of documents.  The plaintiff is required to be compensated by costs if the delay is condoned.  Even otherwise there should not be any hyper technical and pedantic approach in dealing with such type of motion. No prejudice would be caused to the plaintiffs if the written statement is taken on record.  In the interest of justice, the Notice of Motion needs consideration.   Hence it is expedient to pass following order.
ORDER
1.  Draft Notice of Motion is made absolute in terms of prayer clause (a) to (c) subject to costs of Rs. 5,000/- to be paid by defendant no. 1 to the plaintiffs or their advocate within a period of 2 weeks from today.
2.  Payment of costs is subject precedent.
3.  On payment of costs written statement of defendant no.1  be taken on record.
4.  Notice of Motion  is disposed of accordingly and it be registered for the statistical purpose.
_____________________________________________
Adjourned  for issues to 20.2.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: None for plaintiff.
Adv. Chaudhari for deft. no.1 present.
Adv. for deft. no.1 tendered original N/M no.4656/19. T.O.R.
Adv. for deft. no.1 tenders acknowledgment in respect of payment to the plaintiff.
It appears that deft. no.1 has complied with the order. W/S of deft. no.1 is taken on record.
W/S of deft. no.1.
O. - Read and recorded.
The matter is adjd for framing issues to 10.06.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2020

Date: 10-06-2020
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: FRAMING ISSUES
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: None present.
Issues framed.
The matter is adjd for list of witness/evidence to 11.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present.
The matter is adjd for evidence of plaintiff to 01.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2021

Date: 01-04-2021
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 evidence to 17.07.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 21.09.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv. Samina for plaintiff is present.
None for defendant.
Plaintiff no.4 Abdul Hakim is present.
Today the case is fixed for filing affidavit of evidence on behalf of the plaintiff. It is submitted on behalf of Ld. Adv.for the plaintiff that prior to filing of written statement by the defendants, the plaintiff has already filed the affidavit of examination in chief vide Exh.10 along with list of document Exh.9. The plaintiffs witness present as well as the Adv.for the plaintiff has submitted that the same affidavit evidence be considered for this suit regarding the issues which are framed at Exh.13.
Therefore, the considering the oral submissions, today again the oath is administered to the witness. He has admitted the contents of affidavit Exh.8 and the signature therein. As this evidence was filed prior to the written statement, the plaintiff is directed to serve the copy of Exh.8 and list along with document Exh.9 upon the defendants.
Matter be kept for admission and denial on 08.12.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Pltff no. 4 Abdul Hakim present.
He has filed the service report as per order dt. 21/09/2021 and according to the pltff it is served on adv for deft no. 1 on 25/09/2021.  The service report is TOR and marked as Exh. 14.
None appeared for deft no. 1.
PW-1 Abdul Hakim Abdul Aziz Fitwala is present.  Oath is administered to the witness.
Document at Sr. No. 1 vide list of document Exh. 9 is the general power of attorney executed in favour of pltff no. 4.  now marked as Exh. 15.
Document at Sr. No. 2 vide list of document Exh. 9 is the family tree prepared by PW-1 under his signature now marked as Exh. 16.
Document at Sr. No. 6 vide list of document Exh. 9 is the certified copy of conveyance deed dt. 24/12/2010 being public document u/s 73 of the Evidence Act is now marked as Exh. 17.
Matter is adjd to 24/02/2022 for Cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Mohd. Iftikhar Ali for pltff present.
Adv. Choudhary for deft no. 1 present.
Adv for deft no. 1 has tendered draft NM.  Leave is granted to register the same.  Copy served to pltff.
Matter is adjd to 16/06/2022 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv Mohanish Chaudhary for defendant no.1 present. He tendered N.M. 1093/2022 along with affidavit in support.
L.O.
Adv Mohammed Ali for plaintiff present.
Matter addj to 29/08/2022 for N.M. Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Plaintiff no. 4 is present and filed reply to NM no.1093/22. T.O.R.
None present for defendant.
Matter adjd to 09.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Plaintiff is present.
Adv. Mohnish Choudhary for defendant no.1 is present.
On oral request of Ld. Adv.for defendant no.1 matter adjourned for NM hearing.
Matter adjd to 10.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Adv. Mohd. Iftikhar Ali for plaintiff is present.
None present for defendant.
KB LO at 4.05 p.m.
Same appearance for plaintiff.
Matter adjd to 17.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. Mohd. Iftikhar Ali  for plaintiff is present.
Adv. Sujit Bugade for defendant is present and filed compilation of documents. T.O.R. Seen.
Matter adjd to 13.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: P.O. is on leave hence matter adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Akshar Mishra h/f Adv. Chaudhary for defendant present. Plaintiff present.
On oral request of defendant, matter adjourned.
Matter adjd to  29/08/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Plaintiff a/w Adv. Tabish Jamdar h/f Adv. M. Ali is present.
None present for defendant.
Last chance granted to the defendant to argue NM.
Matter adjd to 27.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Mohammed Iftikhar Ali for plaintiff is present.
Adv. Akshay Mishra h/f Chaudhary for defendant is present and seeking time to argue the notice of motion. Record shows that already last chance granted to the defendant to argue their NM taken out under order 7 rule 11 of CPC. Therefore, considering the request matter is adjourned subject to payment of cost of Rs. 2000/- paid to the DLSA, Mumbai.
Matter adjd to 05.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: This court is newly established on 02.01.2024.
Matter received from CR. NO.
None present for plaintiff.
None present for defendant.
Matter adjourned for NM hearing to 03-02-2024.
LO at 4.55 pm.
Adv. Muhammed Iftikhar Ali for plaintiff present.
Matter adjourned for NM hearing to 03-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Mohammed Iftikhar Ali for all plaintiff alongwith plaintiff no.4 present.
None for defendant Nos.1 to 11.
LO at 3.20 pm..
Adv. Akshay Mishra for defendant no.1 present and filed an application t.o.r. and marked as Exh.18.O- Cash and finance to accept the amount.
Matter adjourned for NM hearing P.H. to 28-02-2024.
Next Purpose: NM  P.H.
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: The Court is on leave
Next Purpose: NM  P.H.
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff in person present.
None for defendant. Last chance granted.
Matter adjourned for NM  argument by defendant P. H. to 24-04-2024.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Court is on leave
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: The Court is on Leave.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff No.4 alongwith his Adv. Muhammaed Iftikhar Ali for all plaintiff is present and tendered draft NM alongwith affidavit in support. O-Leave is granted to register. Copy is served upon defendant No.1.
Adv. Akshay Mishra for defendant No.1 is present.
None for other defendants.
Matter is adjourned for NM reply to 18-10-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff No.4 alongwith his Adv. Saiba Siddique h/f Adv. M. I. Ali for plaintiffs is present. She tendered registered NM No.4446/24 alongwith affidavit in support. TOR. Copy is served today upon advocate of defendant No.1.
Adv. Akkshay H. Mishra for defendant No.1 is present and undertakes to file his VP on the next date.
None for defendant No.2.
Matter adjourned for NM No.1093/22 for hearing as a last chance and NM No.4446/24 for reply by defendants to 17-12-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: Plaintiff No.4 a/w his Adv. Mohd. Iftikhar Ali is present.
Adv. Malcolm Vaz i/b Adv Hardik Desai for defendant No.1 is present. He seeks time to file reply to NM No.4446/2024.
None for other defendants.
Plaintiffs to file affidavit of service upon defendants No.2 to 9 in NM No.4446/2024.
Matter adjourned for filing reply to NM No.4446/2024 by defendant No.1 as a last chance and for filing affidavit of service upon defendants No.2 to 9 to 17.02.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff No.1 a/w his Adv. M. I. Ali is present.
None for defendants.
Matter adjourned for filing reply by defendant No.1 to NM No.4446/2024 as a last chance to 24.04.2025.
Next Purpose: REPLY
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: Plaintiff No. 4 a/w his Adv. Mohd. Iftikhar Ali is present.
Adv. Veer Patel i/b Adv. Ravish Mishra for defendant No. 1 is present. He filed his V.P. TOR. And marked as Exh.19. He seeks time. None for other defendants.
Matter adjourned for reply  to NM to 03.07.2025.
Next Purpose: REPLY
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Adv. Asad Ali h/f Mohd Iftikhar Ali for plaintiff is present.
Plaintiff no.1 present.
Adv. Vir Patel i/b Ravish Mishra for defendant no. 1 is present and sought time to file reply already more than sufficient time was granted. In December 24, last chance was given thereafter two more dates were given but no reply as such NM to proceed without reply of defendant No.1. Affidavit of service upon defendant no. 2 to 9 not filed matter kept for dismissal orders against defendant no. 2 to 9.
Matter adjourned for order  to 25.08.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
K.B.
Later on at 3.25 p.m.
Adv. Sonam sharma h/f Moh. I. Ali for plaintiff is present and submitted that the defendants No.2 to 9 has been served but she want time to file affidavit of service. O- Granted as last chance at same stage.
Adv. Ameen Raibakker for defendant No.1 is present and tendered draft NM a/w affidavit in support. O- Leave is granted to register. Copy be served upon other side and file affidavit of service.
Matter adjourned for dismissal to 29.11.2025.
                                                                                 Judge
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Asad Ali h/f Adv. Mohd Muhammed Ali for plaintiff is present.
Adv. Vir Patel i/b Ravish Mishra for defendant no.1 is present.
Plaintiff adv present and he pointed that Ex-party order was already passed against 2 to 4 and 6 to 11.
No Ex-party order was passed against defendant no.5. Plaintiff to take appropriate steps for service of notice to defendant no.5.
Matter adjourned for steps to 23-01-2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-01-2026

Date: 23-01-2026
Business: Court is vacant hence matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff No.4 a/w Adv. Asad Ali is present and filed affidavit of service of defendant No.5 in NM No.4446/24. TOR.
None for defendant.
Matter adjourned for NM hearing to 21.07.2026.
                                                                                 Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: None for plaintiff and defendant
Later on at 3.32 p.m.
Adv. Yogesh Patel for defendant no. 1 present.
Matter is adjourned for NM hearing  to 04.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: P. O. is on training hence, matter is adjourned to 16.09.2026 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2026

NOTICE OF MOTION/104656/2019
NOTICE OF MOTION/104446/2024
NOTICE OF MOTION/101093/2022

Registration Number: 101526/2018
Transfer Date: 01-01-2024
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101526/2018
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Registration Number: 101526/2018
Transfer Date: 03-01-2024
From Court: 81 - COURT 81 ADDL. SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101526/2018
Transfer Date: 15-07-2026
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 21 - COURT 21  ADDL SESSIONS JUDGE

Filing Number: 106467/2018
Filing Date: 02-05-2018
First Hearing Date: 13th July 2018
Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE