Mushira Mohammed KhanVsJaibunissa Ibrahim Khan +3 more

Date: 09-07-2018
Business: Adv.Mr.Kapil Shetty for Plff.present.
Adv.for Plff.tendered draft N/m along with affidavit.t.o.r.  Leave granted to register N/m.  Returnable on next date.
Adv.Mr.Satish Paliwala I/b Adv.Wasim Shaikh present and filed vakalatnama t.o.r.and marked at Exh.2.
He also filed adjournment application t.o.r.and marked at Exh.3.-Granted.
Both the parties are directed to present before the court on next date.
Adjd.for consideration of ADR/N/m on 26.07.2018.
Next Purpose: CONSIDERATION
Next Hearing Date: 26-07-2018

Date: 26-07-2018
Business: Plff.Mushira Khan is present.
Adv.Mr.Kapil Shetye for Plff present
Adv.Mr.W.I.Shaikh for Deft.present.
Ad.for Defendant filed written statement t.o.r.and marked at Exh.2.
Adv.for Plaintiff tendered N/m No.2573/18 t.o.r.
Deft.no.3 Batul Shaikh and Deft.no.4 Shuaa Bamne are present.
Order below N/m NO.2573/2018.
 Perused N/m which is supported by an affidavit.  Heard Ld.advocates of both the sides.  The defendants no.3 and 4 present before the court submitted that they are authorized to make the statement on behalf of the defendants no.1 and 2 also.  The defendants present before the court made a statement at Bar that the defendants shall not be creating any third party right or interest with regard to suit flat. More so,  both the parties present before the court also consented for referring the matter to the mediation.   Considering the statement made by the defendants is accepted as an undertaking before the court. In view of the same no purpose would be served in keeping the Nm pending.  Hence N/m no.2573/2018 stands disposed of in view of the statement made by the defendants.
Considering the nature of suit there are elements of settlement between the parties.  Hence as per the provisions of Section 89 of the C.P.C.this matter is referred for mediation.  Parties to the suit to take note that mediation is the confidential process and it is in the interest and the benefit of the party. Parties to take note that mediation process is in good faith. Both the parties and their Ld.advocates have consented for referring the matter for mediation.  Parties to attend the District Mediation Center on 18.08.2018  at 11.00 am.
Adjd.for Mediator\''s report on 24.09.2018
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Wrongly shown on board.
Already adjd. to 24.09.2018.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: H.H.J.is nominated as Trainer for Mediation training hence, board  discharged.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: Adv. Kapil Shetye for plaintiff present and tendered draft chamber summons. O Leave is granted to register chamber summons.
None for defendant
Adjd. to 28.01.2019 for Chamber Summons service
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Adv. Shubham Singh for Plaintiff present.
He tendered original Ch/s no.138/19.
Plff is directed to serve copy on other side.
Adj for service to 01.03.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: As Court is busy in dictating orders, recoding evidence and in other work, hence board is discharged and matter adj for Ch/s to 12.04.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. Momin for Defendant present.
Affidavit of service filed by Plaintiff t.o.r.
Adv for defendant sought time to file reply.
Time is granted.
Adj for Ch/s reply to 20.06.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 20-06-2019

Date: 12-04-2019
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. Momin for Defendant present.
Affidavit of service filed by Plaintiff t.o.r.
Adv for defendant sought time to file reply.
Time is granted.
Adj for Ch/s reply to 20.06.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Plff and Adv absent.
Husband of Plaintiff present.
Adv. S.Y.Sayyed for defendant present.
Ex.3 Mediation report received t.o.r.
Mediation failed.
Adv for defendant filed reply to Ch/s no.138/19 t.o.r.
Copy be served on other side.
Adj for Ch/s hearing to 20.07.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-07-2019

Date: 20-07-2019
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. S.Y.Sayyed for defendants present.
Affidavit in support of reply to Ch/s is filed by the defendants t.o.r.
Copy be served on other side.
Adj for Ch/s hearing to 03.08.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. Kapil Shetye for Plaintiff present.
Defendant no.4 present.
Adv. S.Y.Salim for defendant present.
K.B.
L.O.
Adv. Kapil Shetye for Plaintiff present.
Adv. S.Y.Sayyed for defendant present.
Written notes of arguments filed by defendant to Ch/s t.o.r.
Copy given to other side.
Heard Adv for Plaintiff on Ch/s.
Adj for Ch/s order to 14.08.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. S.Y.Sayyed for defendant present.
K.B.
L.O.
As Court is busy in dictating order in HCTB NM 3608/18 in Suit no. 2204/18, hence adj for Ch/s order to 16.08.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Plff and Adv absent.
Deft and Adv absent.
FRSR following order is passed in Ch/s No.138/19.
ORDER
1. The Chamber Summons No.138 of 2019 is partly allowed to the extent  of proposed para 8(a) contained in Schedule to the Chamber Summons and made absolute only in that regard.
2. The plaintiff is to carry out amendment in relation to proposed para 8(a) in Schedule within period of two weeks from the date of the order.
3. On carrying out amendment the plaintiff has to place amended copy of plaint on record and to serve the same upon the defendants.
4. Accordingly, the Chamber Summons is disposed off.
Adj for compliance to 01.10.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Kapil Shetye for Plaintiff present.
None for defendant.
Plaintiff is directed to serve copy of amended plaint upon defendants and to place amended plaint on record
Adjd. to 13.11.2019  for service.
Next Purpose: SERVICE
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: None present for plaintiff.
None present for defendant.
Plaintiff is directed to comply order dated 1.10.2019.
Adjourned to 12.12.2019 for service.
LO
Adv. Kapil Shettey for plaintiff  present.
And tendered amended copy of plaint on record.
Already, adjourned to 12.12.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. Kapil Shettey of plaintiff present.
He filed affidavit of service  t.o.r.
W/s filed by the defendants is wrongly marked as Exh2
It be marked as Exh2A and correction be made in Roznama also.
Matter is adjourned for additional W/s to 7.01.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Husband of plaintiff present.
KB
LO
Adv. Kapil Shettey for plaintiff present.
Defendants did not file additional written statement.
Therefore, suit is proceeded further and posted for framing of issued.
Adjourned for framing issues to 15.02.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv Kapil Shetye for plff present.
Adv B. R. Yadav for deft present.
Both parties seeks time to file draft issues.  Granted.
Matter stands Adj for draft issues to 02/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv Kapil Shetye for plff present.
He submitted that deft no. 1 and 4 are expired.
He is directed to takes steps for bringing Legal Heirs of deft no. 1 and 4 on the records.
Deft no. 3 present.
Matter stands Adj for Steps to 12.03.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Suit is already disposed of on 03/03/2021. in view of withdrawal application at Exh. 03.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-03-2021

CHAMBER SUMMONS/100138/2019
NOTICE OF MOTION/102573/2018

Filing Number: 108367/2018
Filing Date: 27-06-2018
First Hearing Date: 09th July 2018
Decision Date: 12th March 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE