Date: 26-07-2019
Business: Adv. Siddiqui for defendant nos.1 and 2 present.
Copy of application in MA No.65/19 be served upon Receiver and MA No.65/19 be kept alongwith MA No.12/19.
Adj for service to 03.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 03-08-2019
Date: 26-07-2019
Business: Adv. Siddiqui for defendant nos.1 and 2 present.
Copy of application in MA No.65/19 be served upon Receiver and MA No.65/19 be kept alongwith MA No.12/19.
Adj for service to 03.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Plff and Adv absent.
Adv. Siddiqui for heirs of defendant nos.1 and 2 present.
Mr. S.S.Toraskar, Section Officer, Court Receiver, High Court, Bombay is present.
Representative of Court Receiver pointed out that physical possession of the property was taken from defendant nos.1 and 2 and said fact is revealed in the report. However, present application is filed by the applicants who claimed to be legal representatives of defendant no.1. Nothing is placed on record about the consent of either defendant no.2 or his legal representatives. Applicant to clarify in that regard and Court Receiver is to file reply in MA No.65/19.
Adj for reply of Court Receiver to 21.08.2019.
Next Purpose: REPLY
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Plff and Adv absent.
Adv. Siddiqui for defendant no.1 and 2 present.
Mr. Vitthal Dudhani, representative of Court Receiver present.
Representative of Court Receiver filed pursis to the effect that reply of Court Receiver Report No.96/2019 in MA No.12/19 be treated as reply of Court Receiver in application MA No.65/19 t.o.r.
Ex.2 Pursis alongwith copy of report.
Issue notice to the legal representatives of the Plaintiff and legal representatives of defendant no.2 Merajuddin.
Applicants are directed to give details of the legal representatives of Plaintiff and defendant no.2 on record on affidavit. They are also directed to take appropriate proceeding for amending the cause title in relation to minor applicants.
Adj for steps to 24.09.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv.Ansari for applicant present.
None for respondent.
Adv. Fro plaintiff sought adjournment for taking steps.
Time is granted
Matter is adjd to 15.11.2019 for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Siddiqui for applicant present.
Affidavit of Najma Shaikh and affidavit of Jamila Banu and others filed by Adv for applicant t.o.r.
K.B.
L.O at 12.32 p.m.
Affidavit filed by applicant no. 1 in compliance of order dated 21.08.2019.
Mrs. Jamila Bano Hakimuddin Shaikh, Mr. Feroz Alam Hakimuddin Shaikh, Mr. Sameer Hakimuddin Shaikh, Mr. Nazimuddin Hakumuddin Shaikh, Mr. Tariq Hakumuddin Shaikh legal representatives of original plaintiff present. Verified them. They admit contents of no objection (Exh-B) given by them as correct.
Najama Mehrajuddin Shaikh present. Verified her. She admits contents of no objection (Exh-C) as correct.
Tabarej Shaikh to remain present on next date for verification.
Adjourned for direction to 21.11.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Mr. Shaikh Tabarez Alam Hakimuddin Legal representative of deceased Hakim Uddin Shaikh the plaintiff present.
Adv. Siddhiqee for applicant present.
Verified Shaikh Tabarez in relation to no-objection Ex B
He admits contains of the same as true and correct.
Matter is adjourned for hearing to 5.12.2019.
Next Purpose: HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Miss Roshan for applicant present.
Heard adv. for applicant.
Adjourned for order to 12.12.2019
Next Purpose: ORDER
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: None present.
As court is busy in passing order in other matter,
Adjourned for order to 18.12.2020
Next Purpose: ORDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: None present.
KB
LO
Adv. Ansari for applicant present.
Applicants have not filed no-objection from the legal representatives of defendant no 3 and defendant Nos 4 to 7.
Further, report has been received from the court receiver vide Exh.2 which shows that court receiver has sought direction as to from whom costs is to be recovered and so also charges and expenses of court receiver in the matter are to be recovered.
Therefore, applicants to clarify in above respect.
Matter is adjourned for compliance to 08.01.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Miss Sawant for applicant present.
She sought time to make compliance.
Adjourned for compliance to 30.01.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Farzana Sawant for applicant present.
She sought time for making compliance
O- Time is granted.
Adjourned for compliance to 18.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv Farzana Sawant for applicant present.
She seeks time for compliance. Granted.
Matter stands Adj for compliance to 20/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present
Matter stands Adj for Compliance to 17.04.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv Ansari Roshan for applicant present.
Matter stands Adj for Compliance to 01/03/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv Roshan Ansari for applicant present.
She seeks time for compliance. Granted.
Matter stands Adj for Compliance to 17/04/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv Siddiqui for applicant present.
He is directed to file written submission.
Matter stands Adj for Hearing to 28/08/2021.
Next Purpose: HEARING
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: Adv Afroz Siddiqui for applicant present.
Heard Adv for applicant. He also filed written submissions. Possession of the suit premises was taken by the Court Receiver during pendency of the suit from the deft no. 1. Thereafter suit was dismissed. Court Receiver was discharged. Legal Heirs of plffs given no objections to handover the possession of the suit premises to deft no. 1.
Matter stands Adj for Order to 02/09/2021.
Next Purpose: ORDER
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: 02.09.2021
03
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
MA 65/2019
Adv Afrin Khan for applicant present.
FRSR following order is passed.
Order
1.Application No.65 of 2019 is allowed.
2.Applicants shall pay the charges/dues of the Court Receiver.
3.After payment of the charges/dues as above, the Court Receiver is directed to handover possession of the suit premises to applicants and the Court Receiver stands discharged from the case without passing accounts in the matter.
4.Application No. 65 of 2019 is disposed of.
Judge
Nature Of Disposal: ALLOWED
Disposal Date: 02-09-2021
