Mr. Shakir ShahVsM/s. A. H. Construction +1 more

Date: 08-04-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
Issue writ of summons to the defts.
Matter is adjd. to. 10.07.2019 for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Adv. for plff absent.
Adv. for deft absent.
plfff is absent no service report is filed. Kept the matter for dismissal for want to step.
Matter is adjd. to. 03/08/2019 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: DISMISSAL
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Adv. P. K. Thorne for plff present.
Plaint
VP
Address Memo
List of documents
Affidavit of service filed by advocate for plff alongwith acknowledgment receipts of speed post. TOR.
It appears that defendants despite service of writ of summons failed to remain present. Hence defendants are marked Ex-parte.
Adjd for Evidence of plaintiff to 16.12.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Court is vacant, board is discharge.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: None for plaintiff.
Defendants ex parte.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.25 a.m.  Hence kept for dismissal on next date.
Adjd to  02-04-2020 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 02-04-2020

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

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

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

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present.
Matter stands Adj for Dismissal to 12/01/2020.
Next Purpose: DISMISSAL
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present.
Matter stands Adj for Dismissal to 20/02/2021.
Next Purpose: DISMISSAL
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv Mohan Pathak for plff present.
He filed adjournment application. TOR.
As the case is fixed for dismissal order. Adjournment application filed by adv for the plff is not tenable. Hence it is rejected. At the request of adv for plff, One last chance can be given to the plff for evidence, in default in dismissal.
Matter stands Adj for Dismissal to 03.04.2021
Next Purpose: DISMISSAL
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: Holiday declared on 19.06.2021 as per office order 106/2021 dated 14/06/2021.
Due to covid matter is adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Plff absent.
Adv Pramod Tambe for plff present.
Affidavit of examination-in-chief of plff is not filed today also.
Matter stands Adj for Dismissal order to 16/10/2021.
Next Purpose: DISMISSAL
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: Holiday declared on 16/10/2021 and 18/10/2021 as per office order 213 of 2021 dated 12/10/2021.
Hence board discharge and adjourned to 23/10/2021.
Next Purpose: DISMISSAL
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Plff present.
Adv Premanand Torane for plff present.
None for deft.
Suit is already ex-parte.
Exh 06 - Plff filed his examination-in-chief. t.o.r.
Exh 07 - He also filed list of documents along with list. t.o.r.
Copies be served on deft.
Matter stands Adj for Hearing on Admission and denial to 13/01/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: Due to covid-19 matter is adjd
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Plff present and his Adv absent.
None for deft.
Plff is directed to serve copy of Exh. 06 and 07 to Adv for deft.
Matter stands Adj for Admission and Denial to 25/04/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Plff present.
Adv Premanand Torne for plff present.
Exh 08 - He filed additional affidavit of examination-in-chief. t.o.r.
Exh 09 - He also filed additional compilation of documents. t.o.r.
P. O. is busy in dictating Judgment in SU 9918/1988.
Hence, matter stands Adj for Admission and Denial to 05/07/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Both parties and their advocate are absent.
Matter is adjd for admission and denial to 05/09/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-09-2022

Date: 05-09-2022

Date: 16-11-2022
Business: Adv. Ashay Gajbhiye for plaintiff present.
He seek time for R/E. Time granted.
Plaintiff present.
None  for defendant present.
Matter is adjd for R/E to 18/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Matter pertains to CR. 02.
Adv. Mohan Pathak for plaintiff present.
plaintiff present he filed application for permission to produce documents .Allowed.
Additional list of documents TOR and marked as Exh. 9A
Adj. to 31/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned to 24/07/2023 for R/E.
L. O.
Adv. Ashay Gajbhiye for plaintiff present.
Plaintiff present.
Already adjourned to 24/07/2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Both parties and advocate absent.
Matter adjourned for R/E on 10.11.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Both parties and advocate absent.
Later on at 11.35 A.M.
Plaintiff present.
Matter adjourned for Recording Evidence on 02.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: Both parties and advocate absent.
Later on at 11.35 A.M.
Plaintiff present.
Advocate Mr. Premanand Thorane for plaintiff present.
Matter adjourned for Recording Evidence on 20.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: Plaintiff present.
Advocate Mr. Ashay Gajbhiye for plaintiff present.
Defendant and advocate absent.
Kept back
Later on at 11.55 A.M.
Mr. Shakir Ibrahim Shah present.
Heard advocate for plaintiff. Perused documents vide list Exhibit-7 and 7A. By the oral evidence, plaintiff has proved the documents at serial no. 1 to 13 at Exhibit-7 and serial no. 1 at Exhibit-7A. Hence those documents are exhibited as Exhibit-10 to Exhibit-20.
The Serial No. 1 to 13 of Exhibit-7 and Serial  No. 1 of Exhibit-7A are exhibited as followed-
Exhibit-10 The original agreement for monthly tenancy dated 06/08/1997.
Exhibit-11 The office copy of the original certificate dated 10.04.2009 alongwith map of suit premises.
Exhibit-12 The rent receipt dated 09.11.2009, Aadhar card, SBI Banks passbook and Telephone bill.
Exhibit-13 The original shop and establishment license of Sterling Management and All India Business Promotion Council.
Exhibit-14 The original letter dated 02/11/2007.
Exhibit-15 The office copy of the said irrevocable consent of me and my family and Mr. Taherali Chapkhanwala.
Exhibit-16 The office copy of the police complaint and complaint to police commissioner in writing dated 05.11.2014 and 13.11.2014 respectively and informants copy of FIR no. 394/2014.
Exhibit-17 The original train tickets me and my family.
Exhibit-18 The copy of the list of the said article.
Exhibit-19 The office copy of the letters of plaintiff dated 12/06/2015, 18/07/2017, 20/11/2017 and 28/12/2017
Exhibit-20 The original agreement for leave and license dated 19.09.1986.
Matter adjourned for Recording Evidence on 21.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: PO is on training, hence matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Advocate Mr. Mosin Naik for defendant present and seeks time. O- Granted.
Plaintiff and advocate absent.
Later on at 11.30 A.M.
Plaintiff present.
Advocate Mr. Mohan Pathak for plaintiff present and filed application for permission to lead further evidence. O- Other side to say.
Plaintiff is directed to serve copy to other side.
Matter adjourned for Recording Evidence on 28.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Plaintiff present.
Advocate Ashay Gajbhiye for plaintiff present and filed application to lead further evidence. Taken on record and marked Exhibit-21. O- Allowed.
Plaintiff is directed to keep present his witness on next date.
Matter is adjourned for Further Evidence on 13.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: Advocate Mohan Pathak for plaintiff present.
Advocate Mosin Naik appears for defendant no. 2 present and filed vakalatnama taken on record and marked as Exhibit-22.
He tendered draft Notice of motion. O- Leave granted to register it. Copy is served on other side.
Matter is adjourned for NM Reply on 07.10.2024.
Next Purpose: REPLY
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: Plaintiff present.
Advocate Mr. Qureshi h.f. Mosin Naik for defendant no. 2 present and tendered registered notice of motion no. 4234/2024.
Kept back
Later on at 3.35 P.M.
Advocaet Mohan Pathak for plaintiff present and submitted reply to NM 4234/2024. Copy served to other side.
Matter is adjourned for NM hearing on 27.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Advocate Ashay Gajbhiye for plaintiff present.
Advocate Mosin Naik for defendant present.
Matter is adjourned for NM Hearing on 20.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: Advocate Mosin Naik for defendant no. 2 present.
Plaintiff present and seeks time. O- Granted.
Matter is adjourned for NM hearing on 01.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: P.O IS ON LEAVE
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2025

Date: 10-07-2025
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: Court is on Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: Advocate Sana Khan for plaintiff is present.
None present for defendant.
Heard argument of advocate for plaintiff on NM.
Later on at 3.30 P.M.
Advocate Mr. Mosin Naik for applicant in N/M and defendant no. 2 in suit is present.
Heard argument of advocate for defendant no. 2 on NM.
FRSR following order is passed -
ORDER
1. Notice of Motion No.4234 of 2024 is allowed.
2. Ex-party order dated 02.11.2019 passed against defendant No.2, is hereby setside subject to cost of Rs.3,000/- (Rupees Three Thousand only) payable to the plaintiff. Defendant No.2 is at liberty to deposit aforesaid cost amount in the Court before next date.
3. Post cost compliances, the plaintiff is hereby directed to serve copy of plaint along with its annexures upon defendant No.2.
4. Defendant No.2 is hereby permitted to place its Written statement on record.
5. Accordingly, notice of motion stands disposed of.
Matter adjourned to 22.01.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: None present for plaintiff.
Advocate Mosin Naik for defendant no. 2 is present.
Matter adjourned to 13.03.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: P.O IS ON LEAVE
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2026

Date: 19-06-2026
Business: None present for plaintiff.
Advocate Sangharshika P. Sonawane i/b Mosin Naik for defendant no. 2 is present.
Plaintiff failed to supply the copy of plaint and annexures to the defendant no. 2.
Matter adjourned to 14.08.2026 for Consequential Order.
Next Purpose: ORDER
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: Plaintiff is present.
Advocate Krishna Yadav i/b Oshay Gazbiye for plaintiff is present.
Advocate Aaron Dias for defendant no. 2 is present.
Defendant has not complied with the order clause 2 in the order dated 01.12.2025 in NM no. 4234/2024, hence suit to proceed ex-parte against the defendant deeming the absence of effect of order dated 01.12.2025 for non compliance of condition preceding.
Matter adjourned to 21.09.2026 for Ex-parte hearing.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-09-2026

NOTICE OF MOTION/104234/2024

Registration Number: 100753/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 108596/2018
Filing Date: 29-06-2018
First Hearing Date: 08th April 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE