Date: 29-07-2019
Business: Adv. Chincholikar for plaintiff present.
None present for defendant.
Later on
Haider Ali, representative of defendant present and filed original CS no. 1212/19. He undertakes to serve copy of CS to other side.
Matter stands Adj for reply to CS on 18.09.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv. Chincholikar h/f Adv. Mishra for plaintiff present and seeks time to file reply to NM. Time granted.
None present for defendant.
Matter stands Adj for reply to NM on 16.10.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Meena Pande for plaintiff present and seeks time to file reply. Time granted.
Adv. Lakadawala for defendant present.
Matter stands Adj for filing reply to 05.12.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Mishra for plaintiff present and seeks time to file reply to NM.
Adv. Fatima h/f Adv. Lakadawala for defendant present and submitted that time may be granted as last chance.
After hearing both side, time granted to plaintiff to file reply as a last chance.
Matter stands Adj for NM reply to 23.01.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. G. R. Mishra for plaintiff present.
Adv. Rampurwala for defendant present.
By consent, Matter stands Adj for NM reply/rejoinder to 27.02.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: None present for plaintiff and defendant.
Reply not filed.
Matter stands Adj for NM reply/rejoinder to 22.04.2020.
Next Purpose: REPLY
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
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 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
The case is adjourned to 22.02.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Advocate Ms. Chincholikar for plaintiff present and sought time.
Time is granted.
None for defendants.
The case is adjourned to 26.03.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 17.04.2021 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Matter called out at 04.27 p.m.
None present.
Matter stands adjourned to 06.10.2021 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Matter called out at 5.20 p.m.
Adv. G. R. Mishra for plaintiff present. He tendered reply to CS No.1212/19. TOR.
He undertakes to serve the defendant.
None present for defendant.
Matter stands adjourned to 16.10.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: C/S HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Matter called out at 5.15 p.m.
Adv.G. R. Mishra for plaintiff present.
Adv. Fatima Rampurawala h/f Zainab Lakdawala for defendant present. She made a statement that advocate on record is not available. Therefore, she is seeking time. Time granted by way of last chance.
In the event defendant failed to argue the CS on next date, this court will dismiss the CS.
Matter stands adjourned to 16.11.2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Matter called out at 4.14 p.m.
Adv. Puneet Shukla for plaintiff present.
Adv. A N. Nasikwala @ Z. K. Lakdawala for defendant present.
Matter stands adjourned to 18.12.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Matter called out at 3.30 p.m.
None present for plaintiff.
Adv. A N. Nasikwala @ Z. K. Lakdawala for defendant present.
At the request of advocate for defendant, matter stands adjourned to 17.01.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Matter called out at 11.26 p.m.
Adv. Shubhangi Ashtekar I/b Ghanshyam Mishra for plaintiff present.
Kept back.
Later on at 2.38 p.m.
Adv. Shubhangi Ashtekar I/b Ghanshyam Mishra for plaintiff present.
None present for defendant.
Matter stands adjourned to 10.02.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Matter called out at 3.59 p.m.
Adv. Yogesh Bansal for plaintiff present.
Adv. Fatema Abdeali Rampurawala h/f Z. K. Lakdawala for defendant present.
At the request of Adv. for plaintiff, matter stands adjourned to 25.04.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Shubhangi Ashtekar h/f Ghanshyam Mishra for plaintiff present.
None for defendant.
Matter stands adjourned to 11.07.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None present.
Put up for CS dismissal.
Matter stands adjourned to 24.08.2022 for CS dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Ashwini T. for plaintiff present.
Adv. Nasikwala for defendant present.
Part heard defendant advocate on CS No.1212/2019
Matter stands adjourned to 03.11.2022 for CS (p.h).
Next Purpose: C/S P.H.
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: None present.
Matter stands adjourned to 12.12.2022 for CS (p.h)/order.
Later on at 3.29 p.m.
Adv. G. R. Mishra for plaintiff present.
Already adjourned to 12.12.2022.
Next Purpose: C/S P.H.
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. G. R. Mishra for plaintiff present.
None present for defendant.
Heard the advocate for plaintiff.
Advocate for defendant is absent who had argued earlier in this CS. The defendant is seeking amendment in WS. They want to add a defence regarding the jurisdiction of this court contending that the property is registered with the WAKF on 13.08.2018, hence, this court has no jurisdiction to try the suit and they want to amend the WS as per the schedule annexed with the CS. The plaintiff raised the objections contending that same type of objections were raised in connected matter and the matter is pending before the Honble High Court. He also submitted that the plaintiff has challenged the registration of the trust with the WAKF which is pending before Honble High Court. Lastly, it is his contention that issues are already framed, evidence is adduced, hence, CS is not tenable.
So far as the matter before Honble High Court is concerned, the decision of Honble High Court will definitely affect the contention of the parties. But, I am of the view that the defendants may raise the issue of jurisdiction which is necessary and they are claiming that after the registration of the trust with the WAKF, this suit is not maintainable before this Court.
Admittedly, the matter is yet to be fixed for cross-examination. Hence, the proviso provided under the Rule 17, Order 6 of CPC is not applicable. Consequently, the CS deserved to be allowed.
ORDER
1. CS No.1212/19 is hereby allowed.
2. Defendants are permitted to amend the WS as per schedule and to carry out amendment within stipulated period.
3. Defendant to serve the copy of amended WS to the plaintiff on or before next date.
4. CS is disposed off accordingly.
Matter stands adjourned to 24.01.2023 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 12-12-2022
