Mehrunnisa Mohammed Iqbl AnsariVsAzizur Rehman +4 more

Date: 27-09-2019
Business: Adv. Wasim Ansari for the Plaintiff present.
Adv. Satamkar h/f Kandekar for Defendant-4 present.
Adv. Mr. Salian for Defendant no. 1 and 2 present.
Written Statement tendered by Defendant No. 1 and 2  present.
Original registered N/M No. 3138/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Application filed by the Plaintiff for extension of time to serve of writ of summons to Defendant-3. Time is extended.
Matter is adjd. to 9.10.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Wasim Ansari for the Plaintiff present.
Adv. Mohan Salian for Defendant-1 and 2 present.
Adv. Mr. Satamkar for deft-4 present.
Application tendered by the Plaintiff for seeking extension of time to serve to Defendant no. 3. t.o.r.  Allowed
There is possibility of settlement. Hence by consent matter is adjd. to 11.12.2019 for settlement
Next Purpose: SETTLEMENT
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Adv. Vasim Ansari  for Plaintiff is present.
Adv. Mohan Salian  for defendant no. 1 and 2 is present.
Adv. Kandekar for defendant no. 4 is present.
Adv. Tausib Ansari for defendant no.3 is present. He filed V/N on behalf of defendant no. 3 TOR he seeks time for tendering reply O granted.
Matter is adjourned for  reply of defendant no. 3  to 08/01/2020.
Next Purpose: REPLY
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: C.A of plaintiff is present.
Adv. Kandekar  for defendant no.4 is present.
Adv. Tousif Ansari for defendant no.3 is present. He filed reply to NM No. 3138/2019
Adv. Kavita Bhagwat I/b MGS Legal for  for defendant no. 1 and 2 is present.
Matter is adjd.  for NM reply/hearing to 03/03/2020 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Wasim Ansari for Plaintiff present.
Adv. Kavita Bhagwat for D/1 and 2 present.
Adv. Kaustib Ansari for D/3 present.
Adv. Satamkar for D/4 present.
Adv. Ms. Chandramore for D/5 present.
No other defendants filed reply.
Matter is adjd. for NM hearing to 4/4/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Mr. Wasim Ansari for the plaintiff.
None for defendants No.1 and 2.
Adv. Pathak h/f Adv. Mr. Kandekar for the defendant No.4.
Adv. Chandramore for the defendant No.5.
Last chance is granted for NM hearing.
Matter is adjd. to 08/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 05.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Ld. Adv. Wasim Ansari for Plaintiff present.
None for Defendant.
Matter is adjd. to 04.10.2021 for N/M. Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: As the Court is busy in dictating Judgment in SU No.623/2012 and  NM No.1621/2018 (SU No.1542/2017) order and  inspection of Notary Work. Hence, board is discharged.
Matter is adjd. to 07/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: As Court is busy in hearing argument in SU 6988/06 and other precipe matters. Hence. Board is discharged.
Matter is adjd. to 13.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: Adv.Wasim Ansari for plaintiff is present.
None for defendant.
Ld. Advocate for plaintiff prays for hearing of NM. However, none present for defendant and in view of SOP. Matter is adjd. to 08.02.2022 for hearing of NM. If defendants fail to conduct hearing physically/virtually, plaintiff argument will be heard.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv Vasim Ansari for plaintiff present.
Adv Mr.Mohan for defendant nos.1 and 2 present.
Matter is adjd. to 05.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: Adv.Wasim Ansari for plaintiff is present.
Adv.Pathak h/f Kandekar for defendant no.4/MHADA is present.
Adv.Mohan Salian for defendant no.1 and 2 is present.
Ld advocate for plaintiff submits the matter is for NM hearing. Ld advocate for defendant no.1 and 2 submits that defendant no.3 is necessary for hearing of NM. Today defendant no.3 is absent. He has filed reply to the Notice of Motion. In the circumstance the matter is lastly adjourned for NM hearing. If defendant no.3 fails to appear and argue on next date, NM will be heard in his absence.
Matter is adjd. to 24.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Vasim Ansari for plaintiff present.
Adv.Saliyan for defendant nos. 1 and 2
Adv. Pathak h/f Adv. Kandekar for MHADA present..
Adv. Chandramore for BMC present.
Heard Ld. advocate for Plaintiff and defendant nos. 1 and 2 and BMC on N/m 3138/19.
Matter is kept back at the request of Ld. advocate for MHADA.
LO
Adv. Kandekar for MHADA present.
Heard Adv. Kandekar for MHADA.
Matter is adjd. to 05-04-2022 for order on N/m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Adv. Vasim Ansari for plaintiff present.
Adv. Saliyan for defendant nos. 1 and 2 present.
None present for defendant no. 3.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
KB
Adv. Vasim Ansari for plaintiff present.
Adv. Saliyan for defendant nos. 1 and 2 present.
None present for defendant no. 3.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
For the reason separately recorded, the following order is passed.
                                    ORDER

1. Notice of Motion No. 3138 of 2019 is  allowed.
2. Defendant Nos.1 and 2 are hereby temporarily restrained from creating any third party interest in the suit premises or putting any third person in the possession thereof  till the final disposal of this suit.
3. Defendant Nos.1 and 2 are hereby further directed to pay balance amount of transit rent i.e. Rs.3,61,600/- for the period of 15.06.2018 to 14.06.2020 and pay further amount to the plaintiff as per her entitlement in the light of agreement of permanent alternate accommodation dated 24.02.2015.
4. Cost of the Notice of Motion will follow in main cause.
5. Notice of Motion No. 3138 of 2019 is disposed of accordingly.
Matter is adjd. to 08-06-2022 for issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. Wasim Ansari for plaintiff present and files draft issues.
Adv. Mohan Sage for defendant nos. 1 and 2 present.
He submitted that he has filed appeal against N/m and seek time to file draft issues.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Matter is adjd. to 22-07-2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Wasim Ansari for plaintiff present.
Adv. Harshida Kotian for defendant no. 1 and 2
Adv.Chandramore for defendant/BMC present.
Adv Pathak H/f Adv Kandekar present for MHADA.
Matter is adjd. to 12.08.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Wasim Ansari for plaintiff present.
Adv. Kotian for defendant no. 1 and 2 present and submitted that he have preferred and appeal before high court.
Adv Pathak H/f Adv Kandekar present for MHADA/deft.no.4.
Matter is adjd. to 29.09.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: POA of plaintiff and his Adv. Wasim Ansari present
Adv Pathak H/f Adv Kandekar present for MHADA/deft.
Matter is adjd. to 05.12.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Wasim Ansari for plaintiff present and tendered register Notice of Motion no. 06/2023 alongwith affidavit in support. TOR.
Adv. Salian for deft.nos. 1 and 2 present and submitted that he is going to issue the cheque to the plaintiff on the next date as one of the partner of defendant is not available.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft no.4 present.
Matter is adjourned to 09.02.2023 for Reply/compliance.
Next Purpose: REPLY
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Wasim Ansari for plaintiff present and submitted that Cheque issued by the defendant after clearance of the cheque he will withdraw the suit.
Adv. Salian for defendant Nos. 1 and 2 present.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft no.4 present.
By consent Matter is adjourned to 24.02.2023 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Wasim Ansari for plaintiff present and he is going to file terms of settlement and requested to keep back the matter.
Adv. Mohan Salian for defendant Nos. 1 and 2 present.
Adv. Kandekar for Deft no.4/MHADA present.
KB
LO at 3.47 pm
The CA of plaintiff filed pursis, TOR. It is marked at Exh.7 for withdrawal of the suit unconditionally. The Advocate of defendant nos. 1 and 2 also made signature on the withdrawal pursis.  As per the pursis the plaintiff is going to withdraw the suit unconditionally. Hence, considering the pursis suit is withdrawn unconditionally and disposed off accordingly. In view of suit is withdrawn the Notice of Motion No. 06/2023 is hereby disposed. Court fees be refunded as per law.
Nature Of Disposal: WITHDRAWL
Disposal Date: 24-02-2023

NOTICE OF MOTION/103138/2019
NOTICE OF MOTION/100006/2023

Registration Number: 102196/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 108444/2019
Filing Date: 30-07-2019
First Hearing Date: 27th September 2019
Decision Date: 24th February 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE