Mr. Asif Hasrat Nizami ShaikhVsMr. Ashraf Hasrat Nizami +2 more

Date: 03-07-2018
Business: Adv.S.K.Dubey for plff.present.
The Court Commissioner has filed report . T.O.R. it is now marked at Exh.2 None for deft. .
Adjd.for N/M reply till 9/7/18. Time for register N/M extended.
Adjd for  reply  n/m. on 09.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Plff.and Adv.Mr.S.K.Dubey for Plff.present.
Adv.for Plff.tendered N/m No.2501/18 t.o.r.
Adv Mr.Wasim Khan for Deft present.
Defendant no.1 and 2 present.
He filed reply to N/m t.o.r. and also filed written statement of defendants no.1 and 2 t.o.r.and marked at Exh.3.
Heard both the parties and their Ld.advocates.
It is an admitted fact that parties to the present suit and suit no.2482/2014 is pending in Court room no.01 are same.  In the present suit adv.for Plaintiff has filed the Deed of Family settlement which is at Exh.B (Page no.16 of the Plaint).  The Commissioner\''s report is also filed at Exh.2.  The plaintiff and defendant no.1 are real brothers.  They are governed by Muslim personal Law.  The plaintiff present before the court also submitted that Court room no.1 has referred the matter for mediation.  As both the suits relates to the same Deed of family settlement, it would be appropriate if both the suits are tried by one court. Considering overall factors, it would be appropriate that the present suit be transferred to court Room no.01 to be tried along with suit no.2482/2014. Registrar Civil is directed to place this matter before Hon\''ble Principal Judge for appropriate directions/order.
Adjd.for directions on 20.07.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-07-2018

Date: 20-07-2018
Business: H. H. J. is Nominated as trainer for training on Mediation hence today Board is discharged
Next Purpose: DIRECTIONS
Next Hearing Date: 10-09-2018

Date: 10-09-2018
Business: dv. Mr. Mukesh Dubey for the plff present.
None present for deft nos. 1 and 2 (W.S )
Adv for the plaintiff seeks adjournment. Granted as a last chance.  Matter is adjd. to 12.11.2018 for steps by the plff in respect of deft no. 3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: The court is busy in mediation matters. Hence, board is discharged.
Matter is adjd. to 16.01.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Adv. Mr. Mukesh Dubey for the Plaintiff present.
Adv. Mr. Kumawar for Defendant nos.1 and 2 present.
By consent matter is adjd. to 22.02.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2019

Date: 22-02-2019

Date: 03-05-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2019

Date: 03-05-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Dubey  for plaintiff present.
Draft chamber summons filed by the plaintiff.  Leave is granted to register.
Adjourned for reply to chamber summons and NM hearing to 26.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019

Date: 19-07-2019
Business: Adv. Dubey  for plaintiff present.
Draft chamber summons filed by the plaintiff.  Leave is granted to register.
Adjourned for reply to chamber summons and NM hearing to 26.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Mukesh Dubey  for plaintiff present.
Registered Chamber Summons no. 1374/19 tendered by the plaintiff.
Ld. counsel for the plaintiff submitted that he will file affidavit of service  to the proposed defendants.
Adjourned for affidavit of service to 11.11.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2019

Date: 26-09-2019
Business: Adv. Mukesh Dubey  for plaintiff present.
Registered Chamber Summons no. 1374/19 tendered by the plaintiff.
Ld. counsel for the plaintiff submitted that he will file affidavit of service  to the proposed defendants.
Adjourned for affidavit of service to 11.11.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Khan for defendant nos. 1 and 2 present.
Reply filed by the defendant nos. 1 and 2 to Chamber summons.
The father of the proposed defendant is present but his presence cannot be marked on behalf of the proposed defendant.
Adjourned for filing affidavit of service of CS to the proposed defendant to 16.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2019

Date: 11-11-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Khan for defendant nos. 1 and 2 present.
Reply filed by the defendant nos. 1 and 2 to Chamber summons.
The father of the proposed defendant is present but his presence cannot be marked on behalf of the proposed defendant.
Adjourned for filing affidavit of service of CS to the proposed defendant to 16.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Mr. Dubey for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file affidavit of service.  Granted as a last chance.
The matter is adjd for affidavit of service to 20.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2020

Date: 16-12-2019
Business: Adv. Mr. Dubey for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file affidavit of service.  Granted as a last chance.
The matter is adjd for affidavit of service to 20.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Mukesh Dubey for plaintiff present.
Deft. no.2 present.
Plaintiff filed affidavit of service in respect of service to defendants in Ch/sum.  T.O.R.
The matter is adjd for hearing on Ch/sum to 22.04.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-04-2020

Date: 20-02-2020
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 13-05-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
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: C/S  HEARING
Next Hearing Date: 02-06-2020

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: C/S  HEARING
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: C/S  HEARING
Next Hearing Date: 19-06-2020

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: C/S  HEARING
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: C/S  HEARING
Next Hearing Date: 10-11-2020

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: C/S  HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 27.01.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-01-2021

Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 27.01.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present.
Adjourned as a last chance for hearing on Ch/sum.
The matter is adjd for Ch/sum hearing to 05.03.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-03-2021

Date: 27-01-2021
Business: None present.
Adjourned as a last chance for hearing on Ch/sum.
The matter is adjd for Ch/sum hearing to 05.03.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv. Dubey for plaintiff present.
None for deft.
ORDER IN CH/SUM NO.1374/2019
Heard.  None present for defendants although defendants have filed the reply. The respondent in the matter in-spite of service failed to appear. The contention for the Ld. Counsel for plaintiff is that deft. nos.1 and 2 filed written statement and alleged that suit premises consisting of ground and upper portion was sold by them to Mrs. Nasreen Fatima pursuant to the affidavit dated 01.06.2018 by deft. no.2.  The defendants also alleged that the father of plaintiff and deft. no.1 executed will dated 07.02.2012 and affidavit dated 02.08.2010 in favour of deft. no.1.  Plaintiff submitted that the very fact came to the knowledge of plaintiff after written statement of defendants.  He would submit that those facts are required to be brought on record.  The deft. vide their reply submitted that the plaintiff wish to fill the lacuna in the pleadings. They would submit that the Ch/sum be dismissed.
The plaintiff wish to amend the plaint on the facts which came to the knowledge of plaintiff as per the written statement of deft. nos.1 and 2.  The proposed amendment does not change the nature of the suit.  The plaintiff wish to bring on record the fact of transfer of suit property to the respondent by the defendants. The proposed amendment would curb the multiplicity of proceedings. There is nothing to demonstrate that the proposed amendment is malafide.  If the plaintiff is permitted to amend the plaint, no prejudice would be caused to the defendants.  Trial has not commenced and therefore, in order to avoid further future complications, the Ch/sum needs consideration and hence, it is expedient to pass the following order.
ORDER
1.  Ch/sum no.1374/2019 is made absolute in terms of prayer clause (a) and (b).
2.  Plaintiff to carry out necessary amendment as per the schedule to the Ch/sum within two weeks from today.
3.  Plaintiff after the amendment to provide amended copy on record and to the defendants.
4.   Plaintiff after the amendment to serve writ of summons to the newly added defendant i.e. respondent in Ch/sum.
The matter is adjd for compliance to 20.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2021

Date: 05-03-2021
Business: Adv. Dubey for plaintiff present.
None for deft.
ORDER IN CH/SUM NO.1374/2019
Heard.  None present for defendants although defendants have filed the reply. The respondent in the matter in-spite of service failed to appear. The contention for the Ld. Counsel for plaintiff is that deft. nos.1 and 2 filed written statement and alleged that suit premises consisting of ground and upper portion was sold by them to Mrs. Nasreen Fatima pursuant to the affidavit dated 01.06.2018 by deft. no.2.  The defendants also alleged that the father of plaintiff and deft. no.1 executed will dated 07.02.2012 and affidavit dated 02.08.2010 in favour of deft. no.1.  Plaintiff submitted that the very fact came to the knowledge of plaintiff after written statement of defendants.  He would submit that those facts are required to be brought on record.  The deft. vide their reply submitted that the plaintiff wish to fill the lacuna in the pleadings. They would submit that the Ch/sum be dismissed.
The plaintiff wish to amend the plaint on the facts which came to the knowledge of plaintiff as per the written statement of deft. nos.1 and 2.  The proposed amendment does not change the nature of the suit.  The plaintiff wish to bring on record the fact of transfer of suit property to the respondent by the defendants. The proposed amendment would curb the multiplicity of proceedings. There is nothing to demonstrate that the proposed amendment is malafide.  If the plaintiff is permitted to amend the plaint, no prejudice would be caused to the defendants.  Trial has not commenced and therefore, in order to avoid further future complications, the Ch/sum needs consideration and hence, it is expedient to pass the following order.
ORDER
1.  Ch/sum no.1374/2019 is made absolute in terms of prayer clause (a) and (b).
2.  Plaintiff to carry out necessary amendment as per the schedule to the Ch/sum within two weeks from today.
3.  Plaintiff after the amendment to provide amended copy on record and to the defendants.
4.   Plaintiff after the amendment to serve writ of summons to the newly added defendant i.e. respondent in Ch/sum.
The matter is adjd for compliance to 20.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19, matter is adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2021

Date: 20-04-2021
Business: Due to Covid-19, matter is adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 05.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2021

Date: 28-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 05.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present.
Matter adjd for compliance on 12.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
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 08/03/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2022

Date: 12-01-2022
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 08/03/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: None present.
Order below NM No. 2501/18-
None present.  Therefore NM No. 2501/18 stands dismissed in default.  It be removed from board.
Matter is adjd to 18/06/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-06-2022

Date: 08-03-2022

Date: 18-06-2022
Next Purpose: DIRECTIONS
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: None appeared.
Keep back.
In second session, none appeared.
Matter stands Adj for dismissal to 16.07.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: None present when called.
Matter adjd to 17/09/2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present for plaintiff and defendant.
Upon perusal of roznama it reveals that on 08.03.2022 my Ld. Predecessor in Court dismissed in default NM No. 2501/18 and directed to removed it from board. However, it seems that along with NM the suit also came to be removed from CIS, but as stated only NM is disposed of and not the suit. Hence, the CIS Department is hereby directed to restore the suit on the CIS.
Matter adjd to 18.10.2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: None present.
Issue letter to CIS Department for restoration of suit in view of order dtd. 17.09.2022.
Matter adjd to 14.12.2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: None present for plaintiff and defendant.
Issue fresh letter to CIS Department for restoration of suit in view of order dtd.17.09.2022.
Matter adjd to 02.02.2023 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: None present for plaintiff and defendant.
Roznama shows that my Ld. Predecessor in Court allowed CH/S No. 1374/19 passed on dtd. 05.03.2021 however, till date the plaintiff failed to comply with the order. Meanwhile it reveals that instead of removing NM No. 2501/18 from CIS the suit was wrongly removed. Now it is came to be restored. Hence, in the interest of Justice last chance given to the plaintiff to carry out amendment, else the order automatically stands vacated.
Matter adjd to 28.02.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: P.O. is on leave matter adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None present for plaintiff and defendant.
Roznama dtd. 05.03.2021 shows that CH/S No. 1374/19 taken out by the plaintiff came to be allowed with direction to carry out amendment within 14 days. However, plaintiff failed to carry out amendment, hence on 02.02.2023 last chance given to the plaintiff to carry out the amendment. Inspite of that till date the plaintiff failed to carry out the amendment. Hence, the order dtd. 05.03.2021 stands vacated.
Matter adjd to 15.07.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff and defendant.
Roznama shows that since 28.07.2021, none present for the plaintiff. Even the plaintiff failed to carry out amendment in view of order dated 05.03.2021, passed in CS No.1374/2019. Hence, said order came to be vacated. The matter is under the caption of dismissal. Today also none present for plaintiff when called repeatedly. It seems that the plaintiff has lost interest in the matter. Hence, the S. C. Suit No.1522/2018 stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-07-2023

NOTICE OF MOTION/102501/2018
CHAMBER SUMMONS/101374/2019

Registration Number: 101522/2018
Transfer Date: 25-07-2018
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 107599/2018
Filing Date: 11-06-2018
First Hearing Date: 03rd July 2018
Decision Date: 15th July 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE