Anwar Hajee Ali Mohammed Hajee Cassam Agbotawala And Ors - Applicant - Salim Dawood AgboatwalaVsShantibai Bhika Kharvi And OrsSuit St. No. 5347 of 1984

Date: 28-08-2019
Business: Adv. Surve for Plaintiff present and tendered original Nm No. 2835/19. TOR.
Advocate for plaintiff filed affidavit of service. TOR.
He submitted that out of 10 defendants only court receiver has been served and rest of the defendants could not be served as their registered envelop returned. Plaintiff is at liberty to take appropriate steps for service of notice.
Matter adjd to 10/10/2019 for Steps.
Next Purpose: SERVICE
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv.Survey instructed by Nany Hormasjee for Plaintiff present.
Draft Chamber summons filed by advocate for plaintiff. t.o.r.
O- Leave granted to register it.
After registration put up for consideration.
Adjd. to 14.11.2019
Next Purpose: SERVICE
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Surve for plaintiff present.
Plaintiff tendered register Chamber summons 1830/19
As court busy in passing order in other matter, adjourned to 27.11.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv. Surve for plaintiff present.
Heard advocate for plaintiff.
Adjourned for Chamber summons 1830/19 for order to 30.11.2019.
Next Purpose: HEARING
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: Adv. Surve along with Adv. Nitant Seth I/b Nanu Harmsjee and Co. for plaintiffs present.
None present for defendant.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1830 OF 2019
           Perused chamber summons, affidavit in support of it and copy of documents.
           Heard learned advocate for plaintiffs.
     Chamber summons is taken out by the plaintiffs for substituted service of plaint in suit No.5347 of 1984 and notice motion No.2835 of 2019 in said suit upon defendant Nos.1 to 8 and 10 by publishing public notice in two daily newspapers i.e. Free Press Journal and Nav Shakti Marathi.  It is their contention that notices have been sent at the addresses of defendants by Registered Post but envelopes were returned either for reason insufficient address, person deceased, unknown, not known and left.  Accordingly, they made prayer for substituted service of plaint and notice of motion.
         I have also gone through the affidavit of clerk of plaintiff\''s advocate firm.  He reiterated the above facts in his affidavit.  So far as envelope of defendant No.1 is concerned it returned with remark \''person deceased\''. That being so, question of substituted service relating to deceased defendant does not arise. Therefore, I am not inclined to consider request of plaintiffs for substituted service against deceased defendant No.1.
         So far as defendant Nos.2 to 6 are concerned their envelope returned undelivered with remarks \''unknown\'' while that of defendant No.7 returned with remark \''not known\'' and that of defendant Nos.8 and 10 returned with remark \''left\''.  In above circumstances it is desirable to permit service of plaint and notice of motion upon defendant Nos.2 to 8 and 10 by substituted service by publication of notice in daily newspapers as mentioned in prayer clause (a).  Hence, pass following order
ORDER
1.    Chamber Summons No.1830 of 2019 is allowed only in relation to defendant Nos.2 to 8 and 10 in terms of prayer clause (a) on bearing necessary charges by the plaintiffs.
2.     Accordingly, chamber summons is disposed off.
Plaintiffs are directed to take appropriate proceeding in relation to defendant No.1 who is reported dead.
Adjourned for compliance to 04.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: As PO is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv. Nitant Sheth I/b M/s Nanu Hormasjee and Co. present.
He filed affidavit of service t.o.r.
Service relating to defendant No. 2 to 8 and 10
He sought time to take steps relating to LRs of defendant No. 1
Adjourned to 27.02.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv Surve for plff present.
Matter stands Adj for taking steps to 11/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: HHJ is on leave today
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present.
Matter stands Adj for taking steps to 21/01/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: None present.
Matter stands Adj for Taking Steps to 11/02/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Anupam Surve for plff present.
Exh 02 - He filed application for permission to delete name of deft no. 1 (Deceased). t.o.r.
He submitted that deft no. 1 had created third party rights in favour of existing defts.
Deft no. 1 is expired and his legal heirs are not traceable.
In view of above facts application is allowed.
O- Name of deft no. 1 be deleted.
Plff to carry out amendment forthwith.
Deft no. 2 to 8 and 10 are served through paper publication.  They remain absent.  Plff to register the suit.
Matter stands Adj for Compliance and Further Steps by plff to 22/03/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv Anupam Surve for plff present.
Plff is permitted to carry out amendment and Registrar (Civil) is directed to register the suit within 14 days.
He also directed to file fresh coloured amended copy of plaint on record.
Heard Adv for plff on NM 2835/2019.
NM is for directing the Registry to assign the suit to appropriate Court.  Suit is already restored and assigned to this Court.  Hence NM 2835/2019 is disposed of accordingly.
Adv for plff tendered draft CS for bringing LR\''s of plff\''s no. 1, 2a, 2d, 3 and deleting name of deceased deft no. 4 and renumbering existing plff\''s.  Leave granted to register.
Heard Adv for plff on draft CS.
As suit was stayed by Hon\''ble High Court and record was not traceable and in the mean time above plffs are expired, draft CS is allowed.  Plff to carry out amendment within 14 days.  Plff to register draft CS for statistical purpose.
Nature Of Disposal: ALLOWED
Disposal Date: 22-03-2021

Filing Number: 108375/2019
Filing Date: 29-07-2019
First Hearing Date: 28th August 2019
Decision Date: 22nd March 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE