Jaitunbi Abdul Salam ShaikhVsDawoodbi Abdul Salam Shaikh And Ors

Date: 27-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms. Ansari Roshan for Plaintiff present and tendered original N/m. No. 2648/19 @ affdvt. in support. T.O.R.
Adv. Qureshi for Defendant No.1 present.
None for Defendant Nos. 2 to 5.
Earlier order, if any, to continue till next date.
Adjd to 15.10.2019 for service and reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Adjd to 04.12.2019 for hearing on N/M and reply to Ch/sum.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Incharge of Court Room No.08
Adv Farzana Sawant for plaintiff present.
Adv. Qureshi for Defendant No.1 present.
None for Defendant Nos. 2 to 4.
Adv Mr. Khandagale for Defendant No.5/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 20/04/2020 for N.M. hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
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: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None for plaintiff.
None for deft no.1 to 4.
Adv.Mr.Khandagale for deft no.5/MCGM present.
Matter adjd to 20.01.2021 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: (Matter pertains to C.R.No.8)
None for plaintiff.
None for defendant No. 1 to 4.
Adv Khandagale for Defendant No.5 /MCGM  present.
Earlier order, if any, to continue till next date.
Matter adjd to 17/03/2021 for hearing of N/M and C/S.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Ms. Ansari Roshan h/f Adv. Siddqui for plaintiff present.
None for deft no.1 to 4.
Adv. Khandagale for deft no.5/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Hearing/Ch/s Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 23/06/2021 for NM and Ch/s Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Kulde h/f Adv A.A. Siddiqui for plaintiff present.
Adv Fahav Qureshi for defendant no.1 present.
None for defendant no.2 to 4.
Adv. Mrs. Tondwalkar for Defendant no.5/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 17/09/2021 for NM and Ch/s hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None for plaintiff.
None for defendant nos.1 to 4..
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant no.5/ MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 13/10/2021 for NM and Ch/s dismissal order.
L.O. at 3.30 p.m.
Adv A.A. Siddique for plaintiff present.
Already adjd. To 13/10/2021 for NM and Ch/s dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv Siddique for plaintiff present.
None for defendant nos.1 to 4.
Adv. Mrs. Tondwalkar for Defendant no.5/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 27/10/2021 for NM and Ch/s dismissal order.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Farzana Sawant h/f. for Plaintiff present.
None for Defendant Nos. 1 to 4.
Adv. Mrs. Tondwalkar for Defendant No.5/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 08/12/2021 for NM and Ch/s. Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv Ms.Afreen Khan H/F Adv A.A.Sidhiqui present for the plaintiff.
Adv. Mrs. Tondwalkar for Defendant no.5/ MCGM
Defendant nos.1 to 4 absent.
Today matter is fixed for NM and CS hearing but on 17.09.2021 and 13.10.2021 both NM and CS kept for dismissal. Hence, it shows that plaintiff is not interested to proceed with the Nm and CS. Hence, both be kept for dismissal. Matter adjourned 21.01.2022.
Matter is adjd to 21.01.2022 for NM and CS dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 16/02/2022 for NM and CS dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: CORAM H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
Matter pertains to C.R. No.08
Adv Afrin Khan h/f Adv Siddique for plaintiff present.
Adv Qureshi for defendant no.1 present.
None for defendant nos.2 to 5.
Earlier order, if any, to continue till next date.
Adjd. to 11/03/2022 for NM and CS dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv Siddique for plaintiff present.
None for defendant no.1 to 4.
Adv Mrs Tondwalkar for defendant no.5/ MCGM is present and has given say on Ch/s No.1296/2019 itself. TOR.
K.B.
L.O. at 3.35 p.m.
Heard Ld Adv for plaintiff and defendant no.5/ MCGM on Ch/s No.1296/2019.
K.B. for order on Ch/s No.1296/2019.
L.O. at 5.30 p.m.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 30/03/2022 for order on Ch/s No.1296/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv Miss Afrin h/f Adv A.A. Siddiqui for plaintiff present.
None for defendant no.1 to 4.
Adv Mrs Tondwalkar for defendant no.5/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 13/04/2022 for compliance by plaintiff in Ch/s proceeding.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv Afrin Khan h/f Adv Siddique for plaintiff present and tendered additional affidavit. TOR and marked as Exh. Copy is served on defendant.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 06/05/2022 for Ch/s reply by defendant / MCGM.
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv Afrin Khan h/f Adv Siddique for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to Ch/s. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 08/07/2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Afrin Khan h/f Adv. A. A. Siddiqui for plaintiff present.
None for deft. Nos. 1 to 4.
Adv. Mrs. Tondwalkar for defendant No. 5/ MCGM is present and requested time to file reply on Ch/S. Time is granted till next date.
Adv. for plaintiff is directed to file affidavit of service regarding service of N/M and Ch/S upon deft. Nos. 2 to 4 on next date.
Earlier order, if any, to continue till next date.
Adjd. to 07/09/2022 for service on deft. Nos. 2 to 4/ N/M and Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Afrin Khan h/f Adv. Siddiqui for plaintiff present.
None for deft. Nos.1 to 4.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant No.5/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 14/10/2022 for service on deft. Nos.2 to 4/ N/M and Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Muskan Shaikh for plaintiff present.
None for deft. Nos.1 to 4.
Adv. Mrs. Tondwalkar for defendant No.5/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adjd. to 30/11/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: As the Court is busy in dictating order in a Notice of Motion made time bound by the Honourable High Court and urgent ad-interim hearing the board is discharged for today.
Adjd. to 27/1/2023 for C/S. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: As Court is on leave, board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: As Court is busy in urgent N/M and ad-interim hearing, board is discharged.
Adjd. to 12/04/2023 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: None for plaintiff.
None for defendant no.-1 to 4.
Adv. Mr. Suryavanshi for defendant no.5/ BMC is present and requested for time to file CS reply. Time is granted till next date.
Adjd. to 18.08.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
None present for def No. 1 to 4
Adjd  to 25.10.2023 for service of writ of summons to def NO. 1 to 4
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 5/BMC present.
Adjd  to  13.12.2023 for service of writ of summons against D-2 to D-4.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant No. 5/BMC present.
Adjd to 24.01.2024 for service of writ of summons against D-2 to D-4.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi  for defendant               No. 5/BMC present.
None present for deft NO. 1
Suit is of year 2018. Deft NO. 2 to 4 not appeared. The plaintiff has not filed affidavit of service of writ of summons. Since last many dates none appered for plaintiff. Hence writ to summons be served upon deft No. 2 to 4  through Bailiff of office of the   Sheriff of Mumbai. Plaintiff to provide plaint  and document upon deft No. 2 to 4.
Deft No. 5 appeared but not filed WS. Hence matter adjorned for No WS order agasint deft No. 1 and 5
Adjd  to  19.04.2024   for  Service of writ of summons upon deft No. 2 to 4, NM Reply  by deft NO. 5 and No WS order against deft No. 1 and 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: As Court is busy in NM and HCTB ch/s hearing, Board is discharged. Hence matter adjourned
Adjd  to  26.06.2024 for Service of writ of summons upon deft No. 2 to 4, NM Reply by deft NO. 5 and No WS order against deft No. 1 and 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: As Court is busy in urgent Ad-interim and NM Hearing matters, Board is discharged, hence matter adjourned.
Adjd  to 31.07.2024    for Service of writ of summons upon deft No. 2 to 4, NM Reply by deft NO. 5 and No WS order against deft No. 1 and 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: None present for plaintiff’s.
Advocate Botlawar for defendant No.5/BMC present and requested time to file reply to NM. Hence matter adjourned as a last chance as suit is of year 2018.
None present for deft No. 1
It appears that Notice of the ch/s is not served upon respondent/proposed defendant. Hence plaintiff to serve ch/s upon respondent till next date.
Adjd  to 23.08.2024  for service of writ of summons upon deft No. 2 to 4, NM reply by deft No. 5 and No WS order against deft No. 1 and 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: None present for plaintiffs
Advocate  Botlawar for defendant No.5/BMC present.
None present for D-1 to 4
Today matter is listed for service of writ of summons upon deft No. 2 to 4 and ch/s upon respondent but none present for plaintiff and no steps taken by the plaintiff to serve writ of summons upon deft No. 2 to 4 and service of ch/s upon Respondent.
Adv for deft/BMC No. 5 requested time to file WS and reply to NM. Hence time is granted as a last chance as suit is of 5 years old. Deft No. 5 appeared but not filed WS, hence matter adjourned for dismissal of suit against deft No. 2 to 4 and ch/s against respondent and No ws order against deft No. 1.
Adjd  to 20.09.2024   for dismissal of suit against deft No. 2 to 4 and ch/s against respondent and No ws order against deft No. 1.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff’s
Advocate Honmane for defendant No. 5/BMC present.
None present for deft No.  1
   Today suit is listed for dismissal of suit against deft No. 2 to 4 for want of writ of summons and dismissal of ch/s. The suit is of year 2018 and pending since long for writ of summons upon deft No. 2 to 4 but plaintiff has not taken steps to serve writ of summon upon deft No 2 to 4. Hence suit against deft No. 2 to 4 is dismissed.
    The plaintiff has taken out ch/s 1296/2019 for addition of Respondent as defendant but plaintiff have not served ch/s upon Respondent / proposed defendant No. 6. Hence ch/s No. 1296/2019 is dismissed for want of prosecution.
Deft No. 1 and 5 appeared long back but they did not filed WS. Deft No. 1 appeared through Adv I. R Qureshi but did not filed WS. Hence suit to proceed without WS of deft    No. 1.
Adv for deft/BMC submitted that writ of summons is not served upon BMC
Adjd  to  16.12.2024  for writ of summons upon deft/BMC/ NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: None present for plaintiff
Advocate Sujata Puri  for defendant No. 5/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
None present for D-1.
Adjd  to 20.01.2025     for writ of summons upon deft/BMC and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant No. 5/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. NM is proceeded without reply. Rest of the defendant are absent.
Adjourned for NM hearing/writ of summons to 10.03.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant No. 5/ MCGM is present. Rest of the defendant are absent.
Adjourned for NM dismissal to  25.06.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
Later on at 3.36  pm.
None present for the plaintiff. Rest of the appearance is same.
The following Order is passed in NM. No. 2648/2019.
ORDER
Today NM was fixed for hearing wherein neither plaintiffs nor their Advocate remain present. There is no application tendered on record seeking adjournment. Record reveals that plaintiffs are absent since last two dates and they are not proceeding with the suit. I believe plaintiff are not inclined to proceed further with NM positivly.  In the event the NM stands dismissed for default. NM No. 2648/2019 is disposed of accordingly.
Adjourned for writ of summons upon defendant/MCGM to 18.08.2025.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 25-06-2025

Main Case No: SUIT/0103151/2018
Main Cnr: MHCC010147512018
Main Filing No: 111447

Registration Number: 102648/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107679/2019
Filing Date: 15-07-2019
First Hearing Date: 27th August 2019
Decision Date: 25th June 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE