Shardaben Devsibhai AtroliaVsJyotiben Jayantilal Daki +3 more

Date: 16-09-2019
Business: Matter called out(11.44am)
None present.
Matter adj for directions on 04/12/19.
Later on
Adv.R.M. Pardesiwalla i/b Adv.Manoj Nair for plaintiff present.
Seeking time to extended returnable dated of summons. Request accepted.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Matter called out(2.00pm)
Adv.R.M.Pardiwalla i/b Manoj B.Nair for plaintiff present draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft notice of handed-over to the plaintiff advocate for registration.
Matter is adj to 24/01/2020 for N/M reply.
Next Purpose: REPLY
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Matter is called out at 4.01pm
Adv.R.M.Pardiwalla i/b Manoj for plaintiff present.
(Exh-1)Plaint
(Exh-2)Vakalatnama                                                                       (Exh-3)Memorandumof register address.
(Exh-4)List of documents.
Plaintiff tendered affidavit of service (Exh-5) alongwith the original writ of summons which shows that defendant are served.  Inspite of service none present.  Hence, suit to proceed without ex-parte.
Plaintiff tendered registered N/M No.4724/19 alongwith affidavit. T.O.R.
Matter is adj to 18/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Matter is called out at 3.27pm
Adv.Rustom Pardiwalla i/b Adv.Manoj B.Nair for plaintiff present.
Adv.Jitendra Tiwari filed vakalatnama on behalf for def.no.2. (Exh-6) T.O.R
Adv. for def.no.2 tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Copy serve to the plaintiff.
Draft N/M handed-over the def.no.2 advocate for registration.
Matter is adj to 24/03/2020 for N/M reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
Plaintiff and adv. absent.
Adv. Sandeep Singh for defendant present.
Matter is adj for hearing on NM on 06-04-2021
L.O. at 2.40 PM
Adv. Mrs. Lata P. Kharawa for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present.
Matter adj for NM hearing on 06.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: CORAM  H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
None present for plaintiff.
None present for defendant.
Adjourned for  NM hearing to 11.10.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None present for plaintiff.
None present for defendant.
Adjourned for NM hearing to 05.01.2022.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Advocate Adnan Sakharkar for plaintiff is present and filed reply on NM No.4724/19.
None present for defendant.
Adjourned for NM hearing to 07.02.2022.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: (As per office order no. 27 of 2022, letter no. RG/1611/9/2022 dated 06/02/2022, to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, the City Civil and Sessions Court declared closed, hence matter adjourned.)
Advocate Sakharkar for plaintiff is present.
None present for defendant.
Adjourned for NM hearing to 01.03.2022.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Advocate Pardiwala a/w Advocate Adnan Sakharkar for plaintiff is present.
None present for defendant.
It is hereby directed to the advocate for defendant to get register draft NM on or before next date, otherwise necessary order to be passed.
It is hereby directed to the advocate for defendant on next date to remain present and argue on NM, otherwise necessary order to be passed.
Adjourned for hearing on NM No.4724/19 to 12.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Advocate Mr. Pardiwala for plaintiff is present.
None present for defendant.
It is directed to the advocate for defendant to argue on NM on next date. Otherwise, necessary order will be passed.
Adjourned for NM hearing to 20.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adjourned for NM for Hearing to 28/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Shilpa Salvi h/f Adv. Pardiwala present for plaintiff.
Plaintiff is present.
None present for defendant.
Record shows that defendant had taken Draft NM on 18.02.2020 and not yet registered. If defendant failed to get register the draft NM, further order will be pass.
Matter is adjd. for NM no.4724/2019 hearing to 27.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Rustom Pardiwala present for plaintiff.
Plaintiff in person present.
None present for defendant.
Record shows that defendant had taken out draft NM for condoning delay to set-a-side ex-parte order. It was taken on 18.02.2020 and since then till today not taken for registration. Matter is adjourned as a last chance to defendant to register draft NM, failure of which NM will be dismissed in default.
Matter is adjd. for taking steps to 04.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. R. N. Pardiwala i/b Adv. Manoj Nair present for plaintiff.
None present for defendant.
Record shows that by observing that the defendant nos.01 an 02 had not filed draft Notice of Motion taken on 18.02.2020 for condoning delay and set-a-side ex-parte order. Till today said Notice of Motion is not filed on record. Hence, the draft Notice of Motion is dismissed in default. Draft Notice of Motion be sent for registration statistically. Matter is adjourned for reply to NM no.4724/2019.
Matter is adjd. for NM reply to 13.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. R. N. Pardiwala present for plaintiff.
None present for defendant.
Matter is adjd. for NM hearing to 28.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. R. N. Pardiwala present for plaintiff.
None present for defendant.
Record shows that Notice of Motion no.4724/2019 is not duly served on defendant nos.01 and 02. Plaintiff to served Notice of Motion on them through bailiff of this court.
Matter is adjd. for NM hearing to 15.01.2024.
LO at 05: 45 p.m.
Adv. for plaintiff pointed out that Notice of Motion is served on defendant nos.01 and 02 on 19.12.2019 from the endorsement on the docket of Notice of Motion. In view of that there is no need of service of Notice of Motion on defendant nos.01 and 02.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Adv. R.N. Pardiwala for Plaintiff present.
None for defendants No.1 to 4 present.
Heard Adv. R.N. Pardiwala in NM No.4724/2019.
Matter stands adjourned on 18.01.2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Adv Seema Salve for Plaintiff present.
None for defendant present.
F.R.S.R. following order is passed in NM No.4724/2019
ORDER
1. Notice of motion No.4724 of 2019 is partly made absolute in terms of prayer clause (b).
2. Defendants No.1 and 2 are thereby restrained from  sub-letting and/or giving on license and/or parting with possession of and/or transferring or assigning in any other manner their interest in the said Shop No.5 situated at Madhav Baug Charity Fund, C. P. Tank, Mumbai in favour of any other person or third party.
34. Proceeding of Notice of Motion No.4724 of 2019 in Suit No.2372  of 2019 is closed.
Matter stands adjourned on 16/03/2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Advocate Shilpa Salve alongwith plaintiff present and submitted that the NM is already disposed of and now matter is fixed for ex-parte evidence of plaintiff.
None for defendant present.
Matter stands adjourned on 20.08.2024 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: Adv. Shilpa Salve h/f Adv. Pardiwala along with plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter adjourned for recording ex-parte evidence.
Matter stands adjourned on 05/10/2024 for recording ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: Adv. Shilpa Salve h/f Adv. Pardiwala for plaintiff present.
None for defendant present.
Keep Back.
Later on.
None present at 12.30 PM.
Matter adjourned for recording evidence.
Matter stands adjourned on 13/01/2025 for recording evidence.
Later on. 01.25 PM
Adv. Pardiwala for plaintiff present and filed evidence affidavit. O-Read and Recorded. Taken on record and marked as Exhibit-7. He also filed list of documents along with documents. Seen. Taken on record and marked as Exhibit-8.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 26/03/2025 for hearing on exhibition of documents.
Later on.
Adv. Aryan Pardiwala along with plaintiff present.
Next Purpose: HEARING
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: Adv. Adeeba Khan for plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 15/07/2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: P.O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 01-08-2025

Date: 01-08-2025
Business: Adv. Shilpa Kamthe i/b Adv. Rustom Pardiwala for plaintiff present.
Plaintiff present.
None for defendant present.
Adv. for plaintiff requested for keeping back matter.
Keep Back.
Later on.
Adv. Rustom Pardiwala for plaintiff present.
Plaintiff present.
None for defendant present.
The original deed of family settlement dated 26/08/2002 is marked as Exhibit-9.
Copy of legal notice dated 24/04/2018 address of defendant No.1 and 2, notice is marked as Exhibit-10.
Original registered AD packet containing notice address to defendant No.1 and defendant No.2, notices are marked as Exhibit-11 and Exhibit-12 respectively.
Original affidavit of defendant No.3 dated 25/07/2019 and original affidavit of defendant No.4 dated 25/07/2019 the said affidavits are marked as Exhibit-13 and Exhibit-14 respectively.
Matter stands adjourned on 17/09/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: Adv. Shilpa Kambale h/f Adv. Pardiwala along with plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Pardiwala along with plaintiff present.
None for defendant present.
Matter stands adjourned on 13/10/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: Adv. Shilpa Kambale h/f Adv. Rustom Pardiwala for plaintiff present.
None for defendant present.
Matter stands adjourned on 15/01/2026 for recording further evidence if any.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-01-2026

Date: 15-01-2026
Business: In view of Municipal Election held on 15/01/2026 the government declared holiday with direction to take court work against on 24/04/2026. In view of it the matter posted on next day that is on 16/01/2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-01-2026

Date: 16-01-2026
Business: In view of Municipal Election held on 15/01/2026 the government declared holiday with direction to take court work against on 24/04/2026. In view of it the matter taken on board today that is on 16.01.2026.
Matter stands adjourned on 13/02/2026 for recording further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: Adv. Vinod Prajapti h/f Adv. Pardiwala for plaintiff present.
None for defendant present.
Keep Back.
Later on.
None for plaintiff present.
None for defendant present.
Since 01/08/2025 no further steps for recoding of evidence are taken by the plaintiff. Hence, put up for evidence close order.
Matter stands adjourned on 23/03/2026 for further steps.
Later on.
About 1.55 pm. the lady Advocate for plaintiff appeared and requested to adjourn the matter without taking steps. So the court asked to take steps on the next date.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: Not on board. Taken on board. By Praecipe.
Adv. Shilpa Kambale h/f Adv. Manoj Nair for plaintiff present and and requested for taking matter on today’s board by moving praecipe. O-Allow to take on board. Taken on record and marked as Exhibit-15.
Witness present.
Adv. for plaintiff filed application for recall of other dated 13/02/2026. O-Other side to say. Taken on record and marked as Exhibit-16.
Adv. for plaintiff filed affidavit of examination in chief of PW-2 (Vinod Prajapti). O-The deponent is present accepted the contents. O-Read and Record. Taken on record and marked as Exhibit-17.
She also filed affidavit of evidence of examination in chief of plaintiff witness Anilkumar Karsandas Daki PW-3. O-The deponent is present accepted contents and signature. O-Read and Record. Taken on record and marked as Exhibit-18.
Matter already stands adjourned on 23/03/2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 22/04/2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: adv Shilpa Kamble for plaintiff present alongwith plaintiff present.
None for defendant present.(Suit is proceeding ex-party against defendant.)
Adv for plaintiff has sought time to lead further evidence in the matter.
Matter stands adjourned on 22-07-2026 for Further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: None for plaintiff present.
None for defendant present.
PW-3 present. on his request matter is kept back.
Later on at 11.49 AM.
Adv. Shilpa Kamble i/b Adv. Manoj Nair for plaintiff  present and  sought time to secure the present of PW-4 on next date.
Matter stands adjourned on 19-11-2026 for evidence of PW-4.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2026

NOTICE OF MOTION/103425/2023
NOTICE OF MOTION/104724/2019

Registration Number: 102372/2019
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Registration Number: 102372/2019
Transfer Date: 01-01-2024
From Court: 63 - COURT 63 ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 108432/2019
Filing Date: 30-07-2019
First Hearing Date: 16th September 2019
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE