Anjuman E-Nurul Islam Trust +1 moreVsTabbat Hussain Rehamtulla +3 more

Date: 23-07-2019
Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to 04/10/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: P.O. is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv.  for plff. present.
Plff. filed Ch/sum. original copy.
Matter is adjd. to 07.12.2019 for reply on Ch/sum.
Next Purpose: C/S REPLY
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Court is busy in final argument of Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
Adv.Ravindra Singh for plaintiff present.
Adv.Richa Singh for defendant no.1 to 9 present.
Matter is adj to 05/02/2020 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: P.O. IS ON LEAVE
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: Due to Covid-19
None present.
Matter is adj 04/11/2020 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Due to Covid-19 none present.
Next Purpose: C/S REPLY
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv Singh for plaintiff present.
Defendant and advocate absent.
Matter adjd to 17/03/2021 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Next Purpose: C/S REPLY
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Advocate Ravindra Singh for plaintiff is present.
None present for defendants.
Adjourned for CS hearing to 25/01/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Parties and their advs are absent.
Adjourned for Chamber summons hearing to  12.4.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Next Purpose: C/S  HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for C/s hearing to 18.07.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Karan Chaudhary present for plaintiff and sought time to file death certificate. Record shows that Chamber Summons is more than 04 years old and plaintiff had not taken any effort to file death certificate on record. On request of adv. for plaintiff, time granted as a last chance to file death certificate, otherwise CS no.2307/2018 will be dismissed.
None present for defendant.
Matter is adjd. for C/S hearing to 07.08.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. Neha Pandey present for plaintiff and sought time to taking instructions.
None present for defendant.
CA of Defendant No.9 filed application for withdrawal of his presence as defendant No.9 died on 26.01.2023. TOR. Marked as Exh.04. O- Granted.
Matter is adjd. for C.S. Hearing to 25/09/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Neha Pandey present for plaintiff and sought time to take instruction from plaintiff to argue on ch/s.
Record shows that ch/s are more than 4 years old, adjournment granted as last chance.
None present for defendant.
Matter is adjd. for ch/s hearing to 18.10.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Sana Khan present for plaintiff.
None present for defendant.
Adv. for plaintiff has not file death certificate and service affidavit regarding service of Chamber Summons on LR’s of defendants.
Matter is adjd. for C/S hearing to 07.12.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Adv. for plaintiff has not filed death certificate and service affidavit of Chamber Summons. Both the Chamber Summons are more than four years old. Hence, keep for Chamber Summons dismissal order on next date.
Matter is adjd. for C/S dismissal to 25.01.2024.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Adv. Devki Shahu for Plaintiff present.
None for defendants No.1 to 8 and 10 to 14 present.
Matter stands adjourned on 17.02.2024 for dismissal of CS.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024

Date: 18-03-2024

Date: 24-06-2024

Date: 31-07-2024

Date: 08-10-2024
Business: Adv. Pooja Narvekar h/f Adv. S. M. Saraogi for plaintiff present and filed draft Chamber Summons along with affidavit. Leave granted to register it.
None for defendant present.
Matter adjourned for service, reply, and filing registered Chamber Summons.
Matter stands adjourned on 30/11/2024 for service, reply, and filing registered Chamber Summons.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: Adv. Vikash Mishra h/f Adv. Saraogi for plaintiff present and filed affidavit of service in respect of Chamber Summons No.2298/2024. Seen. Taken on record.
None for defendant present.
Matter adjourned for filing reply.
Matter stands adjourned on 23/12/2024 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 23-12-2024

Date: 23-12-2024
Business: Adv. Vikas Mishra h/f Adv. Saraogi for plaintiff present and filed registered Chamber Summons No.2298/2024. Taken on record.
None for defendant present.
No reply is filed by the defendant. Hence, matter is adjourned for Notice of Motion hearing.
Matter stands adjourned on 18/02/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: Adv. Ravindra Singh h/f Adv. Saraogi for plaintiff present.
None for defendant present.
No reply is filed in Chamber Summons No.2298/2024 despite sufficient opportunities. Learned Adv. for plaintiff submitted that service affidavit is on record. Hence, Chamber Summons No.2298/2024 is allowed in terms of prayer clause (a). Plaintiff to carry out necessary amendment on or before next date as per law. Proceeding of Chamber Summons No.2298/2024 in Suit No.174/2018 is closed. Parties to take note.
Notice of Motion No.3079/2019 of defendant No.9 is pending. No steps are taken for proceeding with Notice of Motion No.3079/2019. Hence, Notice of Motion No.3079/2019 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.3079/2019 in Suit No.174/2018 is closed. Parties to take note.
Matter stands adjourned on 21/03/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: Adv. Neha Pande for plaintiff present.
None for defendant present.
Adv. for plaintiff Not Pressed the Chamber Summons No.1191/2019 and Chamber Summons No.2307/2018. However, at next juncture she submitted that she is withdrawing her endorsement and Chamber Summons be kept pending.
Matter stands adjourned on 02/05/2025 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: Lallan Shamu Khan, Secretary of  Anjuman E Nurul Isalam trust Plaintiff no. 2 in person present.
Adv. Disha h/f Adv. Sarogi for plaintiff present and filed application for withdrawal of suit with liberty to file a fresh. TOR and marked as Exh.5  .
ORDER BELOW EXH. No. 1
	The plaintiff has filed an application under Order XXIII Rule 1(3) of the Code of Civil Procedure, 1908, seeking permission to withdraw the suit with liberty to file afresh on the same cause of action by alleging that plaint suffered from formal defect.
2. 	Heard learned Advocate for the plaintiff and perused the record. Defendants are remain absent since  four years.
3.       The plaintiff sought relief for withdrawal of this suit with liberty to file a fresh. Verified the plaintiff, he is identified by his counsel. He has voluntarily submitted for withdrawal of this suit. He has no inducement or coercion for withdrawal of the suit. He has submitted that there are several confusion with respect to the cause of action of the suit.
4. 	It is also clear that if confusion remains with respect to the cause of action to the suit then there has been omission in the plaint to include whole of the claim, which plaintiff was entitled to make in respect of the cause of action available to him. Such omission entails consequences under Order 2 Rule 2 of the Code. The petitioner cannot sue again in respect of the omitted portion of the claim. Thus, the likelihood of the suit failing on a technical defect cannot be ruled out.
5. 	 This Court is satisfied that there is sufficient ground for allowing the plaintiff to withdraw the suit with liberty to file a fresh suit subject to limitation, if any. Hence, I pass following order:
Order
1.	Application at Exh. 5 is allowed.
2.	The instant suit is disposed off as withdrawn and the plaintiff is permitted to file a suit afresh subject to limitation, if any.
3.	Interim order, if any shall stand vacated.
4.       Court fees be refunded as per rules.
5.        Parties to bear their own costs.
6.   Pending chamber summons No. 1191/19 and 2307/18 are disposed off..
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-05-2025

Main Case No: SUIT/0100174/2018
Main Cnr: MHCC010129932017
Main Filing No: 111447

Registration Number: 101191/2019
Transfer Date: 14-10-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 101191/2019
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Registration Number: 101191/2019
Transfer Date: 05-01-2024
From Court: 63 - COURT 63 ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Registration Number: 101191/2019
Transfer Date: 23-04-2025
From Court: 65 - COURT 65 ADDL SESSIONS JUDGE
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Filing Number: 107064/2019
Filing Date: 03-07-2019
First Hearing Date: 23rd July 2019
Decision Date: 02nd May 2025
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE