Date: 06-07-2018
Business: Adv. Priyanshu Mishra for plff. present.
Deft. present.
Adv. for plff. tendered registered N/M No.2490/18 alongwith supporting affd.
Matter is adjd. to 31.08.2018 for reply on N/M No.2490/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2018
Date: 31-08-2018
Business: Adv. for plff. present.
Adv. Shafi Shaikh for deft. present.
Exh.3 V/P filed by adv. for deft. t.o.r.
Adv. for deft. is seeking time to file reply. Time is granted.
Matter is adjd. to 11.09.2018 for reply and hearing on N/M No.2940/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Adv. for plff. present.
Deft. present.
Kb LO. at 04.15 p.m.
Adv. for plff. present.
Adv. Shafi Shaikh for deft. present and filed reply on N/M No.2490/18.
Copy is served to plff.
Matter is adjd. to 24.09.2018 for hearing on N/M No.2490/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Adv. for plff present.
None for deft.
Adv. for plff has filed rejoinder.
Matter is adjd to.12.10.2018. for hearing on N.M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Adv. for plff. present.
Adv. Kulkarni for deft. present.
kb
L.O. at 3.20 p.m
Same appearance.
On request of Adv. for deft. Matter is adjd. to. 31.10.2018 for hearing on N/M No. 2490/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. for plff. present.
Adv. P.N. Kulkarni for deft. present.
kb
L.O. at 5.00 p.m
Same appearance
On request of Adv. for deft. Matter is adjd. to. 12.11.2018 for hearing on N/M No. 2490/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2018
Date: 12-11-2018
Business: Adv. Mishra for plff. present.
Adv. Kulkarni fir deft. present.
Heard adv. for plff. on N/M No.2490/18
Matter is adjd. to. 13.11.2018 for argument of deft. on N/M No.2490/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2018
Date: 13-11-2018
Business: Adv. Mishra for plff. present.
Adv. P.N. Kulkarni a/w Shafi Shaikh for deft. present.
On the request ad. of deft. allow to file Written argument on next date.
Matter is adjd. to. 15.11.2018 for written argument of deft.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Adv. for deft. written argument on N/M No.2490/18
Copy served on other side.
both parties submits that the matter may be reserved for Order. Hence, Matter is adjd. to. 27.11.2018 for Order on N/M No.2490/18
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: plff. and his adv. absent.
deft. and his adv. absent.
Court is busy in dealing with other matters, and dictating of Suit no. 9381/89 hence,Matter is adjd. to.01.12.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 01-12-2018
Date: 01-12-2018
Business: Adv. R.G. Shatalwar H/f Adv. Shukla for plff. present.
Defendant in person present.
FRSR following order is passed on NM 2490/18.
ORDER
The Notice of Motion No.2490 of 2018 is hereby dismissed and disposed off accordingly.
Matter is adjd. to. 07.12.2018 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv. Mishra for plff. present.
deft. and his adv. absent.
Deft has failed to file W/S. Hence, suit proceeded without W/S of the deft.
Matter is adjd. to. 06.02.2019 for evidence of plff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: Plff. in person present.
Adv. for deft. present. and has filed reply to Ch/sum t.o.r
Copy of Ch/sum served to plff.
Matter is already adjd. to. 06.02.2019 for hearing on Ch/sum.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv. Priyanshu Mishra for plff. present and has filed registered Ch/sum No.161/19 along with supporting affd. t.o.r
Adv. S.A. Shaikh I/b Shafi and Company for deft. present.
Heard the plff. and deft. on Ch/sum No.161/19.
Matter is adjd. to. 18.02.2019 for Order on Ch/sum No.161/19
Next Purpose: NM ORDERS
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Adv. Priyanshu Mishra for plff. present.
Deft. in person present alongwith Adv. Shafi Shaikh present.
The further submission of adv. of deft. is heard on Ch/sum No.161/19.
kb for order.
L.O. at 4.50 p.m
Same appearance
Deft. in person has filed draft NM along with affidavit and sought to register it. TOR. Leave granted to register it.
F.R.S.R following order is passed on Ch/sum No.161/19
O R D E R
1. The Chamber Summons No.161 of 2018 is hereby partly allowed in the following terms.
(i)The plaintiff is allowed to carry out amendment in the plaint as per the schedule annexed to the Chamber Summons,within two weeks.
(ii)After carrying out amendment, plaintiff to serve copy of amended plaint on the defendant.
3.In these terms, the Chamber Summons stands disposed of accordingly.
Matter is adjd. to. 04.03.2019 for compliance and reply to N/M.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: Adv. for plff. present and has filed reply to draft N/M t.o.r.
Adv. for deft. present.
Matter is adjd. to. 25.04.2019 for hearing on N/M
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. for plff. present.
Adv. for deft. present and has filed reply to draft N/M.
Leave is extended to register both the Notices of Motion.
On request of Adv. for plff. Matter is adjd. to. 05.04.2019 for hearing on ad-interim relief and N/M itself
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: By preicpe
Adv. Priyanshu Mishra for plff. present and has filed registered N/M No.1297/19 along with supporting affd. t.o.r
Adv. Shaikh Shafi Ahmed for deft. present and has filed registered N/M No.1367/19 along with supporting affd. t.o.r
Matter is adjd. to. 15.04.2019 for hearing on N/M No.1297/19 taken out by plff. and N/M No.1367/19 taken out by deft.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. for pltff present.
Adv. for deft present.
Matter is adjd. to. 20.04.2019 for hearing on N.M. 1367/19 and N.M.1297/19.
As the plff. is Sr. citizen, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9.
Parties to remain present on next date before C.R.No.09.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Advocate Mr. Mishra for Plaintiff present
Advocate Ms. Heena h/f Adv. Shafi Shaikh for Defendant present
Head Plaintiff advocate about NM. He has referred copies of the papers annexed to NM. On perusal of those copies it is noticed by the Court that the copies of the papers annexed to NM are the correspondence made by Plaintiff with various police authorities and those papers are related to the information received by Plaintiff under RTI Act. Further, papers with NM include the copy of statement recorded by police u/s 161 of CrPC and copies of FRI. On perusal of those documents court made it clear that those documents are not sufficient to show Plaintiff\''s possession or title over suit property, hence Plaintiff\''s advocate referred copies of documents annexed to the plaint. Those documents include copy of P.R. Card of CTS no.248 and copy of sanad of CTS No.248. Further, receipt for registration of certain document issued by Sub Registrar office is also filed on record and argued that in 1982 Plaintiff has submitted conveyance deed of suit property for its registration. Plaintiff\''s advocate fairly admitted that copy of said conveyance deed is not before the Court. On the strength of documents filed with plaint and NM Plaintiff\''s advocate submitted that injunction as prayed by Plaintiff should be granted.
Advocate for Defendant submitted that advocate Mr. Shaffi Shaikh will argue NM on next date. Considering submissions adjourned
Case is adjourned to 30/04/2019 for arguments by advocate for Defendant
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Court is busy in hearing NM argument in suit no.3214/18 and court has to hear urgent matters, hence case is adjourned to 12/07/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: CA of Plaintiff present and submitted that he is intending to file additional affidavit of Plaintiff for submission of compilation of documents. O-Plffs advocate to satisfy as to how such additional affidavit can be filed without list of documents and whether documents referred in affidavit are pleaded or not pleaded in the plaint.
Defendant present. Her advocate absent.
L.O.
Advocate P. S. Mishra for Plaintiff present and submitted that he has referred in the plaint, the documents which are referred in additional affidavit to be filed in support of NM. Plaintiffs advocate further submitted that Defendant may be permitted to file additional reply in respect of those documents. Considering submission additional affidavit in support of NM is t.o.r. Copy is served upon Defendants advocate.
Advocate S. A. Shaikh for Defendant present
Case is adjourned to 19/11/2019 for additional reply by Defendant\''s advocate.
Next Purpose: REPLY
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Advocate Mr. P. S. Mishra for Plaintiffs present and made submissions for NM.No.1297/2019, that time Court has pointed out that plaintiff is claiming ownership of all 594.75 sq. meters i.e. suit property, however said total property as per plaintiffs case was purchased by plaintiff\''s husband and five other persons, hence, plaintiff cannot become owner of all suit property and will have to restrict her claim to her husband\''s share only. Thereupon, plaintiffs advocate submitted that plaintiff will take necessary steps for amendment. It is noticed that initially in plaint, name of plaintiffs C.A. was shown as plaintiff. However, amendment was carried out in the plaint and plaintiff\''s name is shown as Saida Bi alias Syedea Begum. As such as per the provisions of CPC it becomes clear that plaintiffs complete name her age and address are the aspects which are necessary to be pleaded in the plaint therefore if at all Plaintiff will take out any ch/s in future Plaintiff should consider the observations made by the court today.
Advocate Mr. S. A. Shaikh for Defendant present
Case is adjourned to 11/02/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Advocate Mr. Mishra @ Plaintiff present and filed draft Chamber Summons with affidavit in support of Chamber Summons. Leave to register Chamber Summons is granted. Copy of Chamber Summons be served upon other side. Copy of draft Chs is served upon Defendant.
Defendant present.
Case is adjourned to 26/03/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
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 lock down case is adjd. to 11.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Adv.Smt.Nuzhat Ansari for Plaintiff present..
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for Ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/03/2021
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv Mr .Priyanshu Mishra for plff present.
None present for the deft.
Deft failed to file reply to the Ch/s No.722/2020 despite granting sufficient opportunities hence, right of deft to file reply to said Ch/s is forfeited.
Heard ld. Advocate for the plff in Ch/s No.722/2020.
Matter is adjd. for ch/s hearing to 30.03.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Mishra for plaintiff present
None present for defendant to argue CS No.722 of 2020.
Considering the present pandemic Condition, matter adjourned at same stage till next date.
Adjourned for argument of CS to 12.04.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: C/S HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plff.
Adv Mr. Babu Singh h/f Adv Mr. Shaikh for deft present and seeks time to advance argument in Ch/s No.722/2020.
As nobody is present for the plff, time till next date is granted.
Matter is adjd. for Ch/s hearing to 22.11.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for plff.
Son of deft present.
As nobody is present for plff, and as court is busy in other matters,
Matter is adjd. for Ch/s hearing to 27.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: C/S HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: None present for both parties.
Argument of advocate for the plff is already heard in Ch/s No.722/2020 on 12.03.2022.
As nobody appeared for the defts, Ch/s No.722/2020 be kept for order.
Matter is adjd. for Ch/s order to 21.04.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present for plff.
Adv Mr. Fakruddin Khan h/f Adv Mr. Shaikh present for deft. and seeks time to argue Ch/s No. 722/2020.
As per the roznama of previous date, said Ch/s is kept today for order as nobody had appeared for deft on previous date to advance argument however, since the adv for deft is present today, liberty is granted to advance argument. Thus matter is adjd. for argument of deft in Ch/s No.722/2020 to 22.06.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: None present.
keep Ch/s. for Order.
Matter adjd to 04.10.2022 for Ch/s. Order.
Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv.Priyanshu Mishra for plaintiff present. He filed draft chamber summons a/w. Affidavit in support. O-Leave granted to register draft chamber summons.
KB
LO at 04.10 pm
Adv.Priyanshu Mishra for plaintiff present.
Adv.Shafi Shaikh for defendant present.
Defendant received copy of chamber summons.
Matter adjd to 09.12.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Defendant present.
Adv.Lavkush Tiwari h/f.Adv.Priyanshu Mishra for plaintiff present.
Adv.Shafi Shaikh for defendant present.
Plaintiff tendered registered chamber summons No.1826/22 a/w. affidavit t.o.r.
The Adv.for the deft. requested time, hence, adjourned.
Matter adj. to 23.02.2023 for ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Priyanshu Mishra for plaintiff present.
Defendant in person present.
Last chance is granted to defendant to reply in C/S.
Matter adjd to 01-04-2023 for reply in C/S.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv.Sagar Batavia for plaintiff present.
Adv.Shafi Shaikh for defendant present.
The Adv.for the defendant requested for time to file reply. Read the last roznama. Last chance was granted. Adjournment rejected. Chamber summons No.1826/22 to proceed without reply.
Matter adjd to 22.06.2023 for ch/s. hearing.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023
Date: 01-04-2023
Business: Adv.Sagar Batavia for plaintiff present.
Adv.Shafi Shaikh for defendant present.
The Adv.for the defendant requested for time to file reply. Read the last roznama. Last chance was granted. Adjournment rejected. Chamber summons No.1826/22 to proceed without reply.
Matter adjd to 22.06.2023 for ch/s. hearing.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: None present for plaintiff.
Adv. S.A. Shaikh for defendant present.
Matter is adjd.to 13-07-2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Mishra for plaintiff present.
Adv. Shafi Shaikh for defendant present and filed draft NM with supporting affidavit t.o.r. - O- Leave is granted to register the draft NM.
Order on draft NM-
This is NM taken out by plaintiff seeking to set aside no reply order dtd. 01-04-2023 passed by this Court. The plaintiffs counsel filed say on this draft NM claiming that the NM may be allowed subject to imposition of costs. Considering the matter I deem it just and appropriate to allow the NM subject to payment of cost of Rs. 500/- payable to the plaintiff. The draft NM stands accordingly allowed and disposed of. The draft NM be registered for statistical purposes.
The Ld. Counsel of the plaintiff received the cost of Rs. 500/- for the plaintiff.
The reply filed by the defendant the C/S No. 1826/22 t.o.r. marked as Exh.5
Matter is adjd.to 01-08-2023 for C/S Hrg.
Next Purpose: HEARING
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: None for plaintiff.
Adv. Shafi Shaikh for defendant present.
Matter is adjd.to 25-08-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Plaintiff present.
Defendant present.
Adv. for both side absent.
Matter is adjd.to 14-09-2023 for Chs. Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. S. A. Shaikh for defendant present.
The NM No. 1367/2019 though came to be disposed of vide order dtd. 13-07-2023 the same is still shown is pending in CIS. Hence, it be removed from CIS.
Due to paucity of time the matter is adjourned for C/S Hrg.
Matter is adjd.to 10-10-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Adv. Priyanshu Tiwari for plaintiff present.
Adv. Afsar Ansari h/f Adv. Shaikh for defendant present.
Matter is adjd.to 25-10-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. Shafi Shaikh for defendant present.
Matter is adjd.to 03-11-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. Ansari Imran for defendant present.
Heard both sides in C/S No. 1826/22
Matter is adjourned to 21-11-2023 for order in C/S no. 1826/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Adv. Mariyan Ansari a/w Adv. Priyanshu Mishra for plaintiff present.
Adv. Shafi Shaikh for defendant present.
Matter is adjourned to 02-12-2023 for Hearing in C/S by deft.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: Adv. Rupali Gond a/w plaintiff present.
Adv. Ansari a/w defendant no. 1 present and prayed for adjourned as his senior is not available.
Matter is adjourned to 13-12-2023 for C/S Hrg. By deft.as a last chance.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Adv. Shailesh Pal a/w plaintiff present.
Adv. Shaikh for defendant present.
Heard the Ld. Counsel for defendant in C/S No. 1826/22
Matter is adjourned to 19-12-2023 for C/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. Shaikh for defendant present.
The defendants counsel tendered affidavit in reply in C/S No. 722/2020. It is taken on record marked as Exh.6
The Ld. Counsel for plaintiff not presses the C/S No. 722/2020. Hence, C/S No. 722/2020 stands dismissed for want of prosecution.
Heard The Ld. Counsel in C/S No. 1826/2022.
Due to paucity of time matter adjourned for order in C/S No. 1826/22
Matter is adjourned to 22-12-2023 for C/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Adv. Rupal Gond a/w Adv. Priyanshu Mishra a/w plaintiff present and filed citation in C/S No. 1826/22 taken on record.
Defendant in person present.
Matter is adjourned to 09-01-2024 for C/S order
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Adv. Priyanshu Mishra for plaintiff present.
None for defendant
KB LO
As court is busy in dictating order in other matter. Hence, matter stands adjourned.
Matter is adjourned to 15-01-2024 for order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Adv. Sandesh Jadhav a/w plaintiff present.
Defendant in person present.
LO
Adv. Rupali Gone a/w plaintiff present.
Adv. M. A. Khan for defendant present.
F. R.S.R. following order passed in -
ORDER
1. C/S No. 1826/22 stands allowed.
2. The applicant Mohd. Zuber Mohammed Yusuf Shah alias Mohd. Zuber Shah be brought on record as a legal representative of deceased plaintiff Smt. Syeda B @ Syeda Begam interms of prayer clause (b) and (c).
3. Plaintiff shall carry out amendment accordingly on or before next date.
4. C/S No. 1826/22 stands disposed off accordingly.
Matter is adjourned to 09-02-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: (NOT ON BOARD TAKEN ON BOARD By preceipe )
None for plaintiff.
Adv. M. A. Khan for defendant present and filed preceipe taken on record marked as Exh.7
He also filed vakalatnma with NOC of previous advocate t.o.r. marked as Exh.8
Matter is adjourned to 09-02-2024 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. M. A. Khan for defendant present.
Matter is adjourned to 07-03-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Adv. Ansari for plaintiff present.
None for defendant
Matter is adjourned to 23-04-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Adv. Priyanshu Mishra for plaintiff present.
None for defendant
Matter is adjourned to 07-05-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Adv. Priyanshu Mishra for plaintiff present.
None for defendant
Matter is adjourned to 29-06-2024 for hrg in NM No. 1297/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: Adv. Mishra for plaintiff present.
Adv. Fehmida Ahmed h/f. Adv. M. B. Shirsal for defendant present.
Ld. Counsel for the Plaintiff has not pressed this Notice of motion and prayed for its disposal as per the provisions of law. When the plaintiff herself is not willing to continue with the Notice of motion filed by her, I think no reason to continue with it. In the result following order is passed.
Order
Notice of Motion No. 1297 of 2019 is hereby accordingly disposed of as not pressed.
Matter is adjourned to 14-08-2024 for Framing is issues.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Plaintiff a/w his Adv.Priyansh Mishra for plaintiff present and filed draft issues It is taken on record.
None for defendant.
Matter is adjourned to 24-09-2024 for Framing issues.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. S. Solkar for defendant present.
Matter is adjourned to 05-11-2024 for framing issues.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: Plaintiff in person present.
None for defendant.
Matter is adjourned to 03.01.2025 for for framing of issues.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: Court is on leave.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: Court is on leave.
Next Purpose: FRAMING ISSUES P.H.
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: Plaintiff in person present.
None for defendant.
Today is matter kept for framing of issues. On perusal of the record and proceeding it has come to notice on 07.12.2018 order was passed suit proceed without WS of defendant and matter was inadvertently posted for issues. Infact it ought to have been posted for evidence of plaintiff.
Adv. for the plaintiff and defendant directed to clarify on this point as matter be kept for steps or Plaintiff evidence.
Matter is adjourned to 17.06.2025 for Recording evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Plaintiff in person present.
None for defendant.
Later on at 12.43 pm,
Adv. Solkar for defendant present and tendered search precipee (for R and P). It is taken on record and marked as Exh.9.
O- Allowed.
Matter is adjourned to 03.09.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Adv. Priyanshu Mishra a/w plaintiff present.
Adv. Raksha Panchal for defendant present.
Matter is adjourned to 04.11.2025 for filing affidavit of examination in chief of the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Priyank Mishra alongwith plaintiff present.
Adv. Solkar h/f Adv. M. A. Khan for defendant present.
The advocate for defendant files an application that the defendant has not filed his written statement on record. It is taken on record and marked as Exh.10. O- The advocate for defendant is directed to take steps/ to file fresh notice of motion for condonation of delay in filing his written statement.
Matter is adjourned to 14.01.2026 for steps by defendant.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Priyanshu Mishra for plaintiff present.
None for defendant.
Matter is adjourned to 21.02.2026 for filing evidence affidavit and list of documents.
Later on at 11.35 am
Adv. Rohan Sawant for defendant present.
Matter is adjourned to 21.02.2026 for filing evidence affidavit and list of documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Plaintiff in person present.
Adv. Akhlaque Solkar h/f Adv. Ahmed Khan for defendant present.
Kept Back.
Later on at 01.20 pm
Adv. Priyanshu Mishra alongwith plaintiff present.
Adv. Akhlaque Solkar h/f Adv. Ahmed Khan alongwith defendant present and tendered draft notice of motion alongwith affidavit in support. O- Leave is granted to register Notice of Motion.
Reply filed by advocate for plaintiff on draft notice of motion overleaf.
Order passed in draft notice of motion
1. Advocate for defendant has filed this draft notice of motion for resotration of NM No. 1367/2019 which was filed for setting aside without Written Statement order passed against defendant on 07/12/2018. It is the contention of defendant that they had taken out notice of motion no. 1367/2019 which was shown to have been disposed of in the roznama dated 14/09/2023, but in fact there was no order passed in the said notice of motion. He submitted that on 13/07/2023 the draft notice of motion filed by defendant for filing reply to notice of motion taken out by plaintiff was came to be allowed subject to costs of Rs. 500/- which was paid by defendant on that day itself. But notice of motion no. 1367/2019 was not heard or no order was passed by the Court. He submitted that said notice of motion was wrongly shown as disposed of and prayed to restore the same.
2. The Ld. Advocate for plaintiff filed reply overleaf the draft notice of motion and opposed the same on the ground of delay and submitted that heavy costs be imposed.
3. Heard both the sides. Perused record. It is matter of record that on 13/07/2023 defendant tendered draft notice of motion for setting aside noreply order dated 01/04/2023 passed in Chamber summons no. 1826/2022 taken out by plaintiff and on the same day said draft notice of motion was allowed subject to costs of Rs.500/-. Record further shows that on 13/07/2023 defendant paid the costs to plaintiff and reply was taken on record. Record further shows that when the matter was posted on 14/09/2023 for arguments on Chamber Summons, mistakenly notice of motion no. 1367/2019 shown to have been disposed of vide order dated 13/07/2023 and the same was removed from CIS. IN fact on 13/07/2023 there was no order passed in Notice of motion no. 1367/2019 and therefore the said mistake needs to be rectified. Hence, I pass the following order:
ORDER
1. Draft notice of motion is hereby allowed.
2. Notice of motion no. 1367/2019 is restored.
3. In the facts and circumstances of the case, no orders as to costs.
4. Draft notice of motion be registered for statistical purpose.
5. Draft notice of motion is disposed of accordingly.
Order passed in NM no. 1367/2019
1. Defendant has filed this Notice of Motion for setting aside without written statement order and for condoning the delay in filing the written statement. It is the contention of defendant that writ of summons was served on 04/06/2018 and there was order passed by the Court rejecting the notice of motion taken out by the plaintiff for injunction. Thereafter there were proceeding taken before the Hon’ble HighCourt and in this Court and defendant could not instruct his advocate to draft written statement and file the same on record. It is contention of defendant that valuable rights of the parties are involved in the litigation and if the permission will not be granted to file written statement on record by setting aside without writtenstatement order it will cause grave prejudice to defendant. On the other hand no prejudice would cause to plaintiff if the written statement will be taken on record. Hence, prayed to setaside without written statement order and to take on record written statement.
2. Ld. Advocate for plaintiff strongly opposed the notice of motion and submitted that there is no legal or bonafide ground mentioned for not filing the written statement on record within time. The defendant was well aware that the written statement was required to be filed within stipulated period, but inspite of it failed to file written statement on record within time. He submitted that the notice of motion taken out by defendant is misconceived and needs to be rejected with heavy costs.
3. Heard both the sides. Perused record. Defendant was served with writ of summons on 04/06/2018 and put appearance in the Court. But as the defendant failed to file written statement within time and therefore, the court was constrained to proceed the suit without written statement of defendant by order dated 07/12/2018. It is after passing the said order, defendant has taken out this notice of motion on 18/02/2019. There is much delay in filing the written statement on record. To decide the dispute between the parties on merit, an opportunity needs tobe given to defendant to defend the suit. Admittedly there is delay in filing the written statement on record, but the suit is in respect of immovable property, wherein valuable rights are involved. The delay caused in filing the written statement, plaintiff can be compensated by imposing costs on the defendant. Hence, in the interest of justice, I am of the considered opinion that the notice of motion filed by defendant needs tobe allowed. Hence, i pass the following order:
ORDER
1. Notice of motion no. 1367/2019 is hereby allowed subject to payment of costs of Rs.5,000/- to the plaintiff.
2. After payment of costs, the written statement filed be taken on record.
3. Notice of motion no. 1367/2019 is disposed of accordingly.
In view of the compliance, Written statement is taken on record and marked as Exh.11. Copy of Written Statement supplied to Ld. Advocate for plaintiff.
Matter is adjourned to 09.04.2026 for draft issues by defendant.
Later on at 02.45 pm
Adv. for defendant no. 1 tendered registered notice of motion No. 1078/2026 alongwith affidavit in support. It is already disposed of.
Matter is adjourned to 09.04.2026 for draft issues by defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.25 am
Plaintiff in person present.
CA of defendant present.
Kept Back.
Later on at 12.35 pm
Adv. Holamagi alongwith plaintiff present.
Adv. Akhlaque Solkar alongwith CA of defendant present.
Matter is adjourned to 17.06.2026 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR(C.R. NO.62)
NOT ON BOARD TAKEN ON BOARD.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 09-05-2026 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 09-05-2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026
Date: 09-05-2026
Business: Adv for plaintiff absent.
Adv for defendant absent.
Not settled.
Matter is adjourned to 17.06.2026
Next Purpose: SETTLEMENT
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Priyanshu Mishra for plaintiff present.
None for defendant.
Draft issues not filed by defendant.
Matter is adjourned to 06.11.2026 for Draft issues of defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-11-2026