Mrs. Afroz Aslam SiddiquiVsMr. Mohammad Aslam Habibur Rehman Siddiqui And Ors

Date: 09-08-2019
Business: Adv. Sushma Pandey for Plaintiff present.
Adv. Fauzan Shaikh for defendant present.
He tendered original Ch/s No.1440/19 t.o.r.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiffs on draft NM.
Order below draft NM.
Read draft NM, affidavit in support of it, reply of Plaintiffs.
Heard respective counsel for parties.
Defendant has taken out Notice of motion to condone the delay caused in filing of written statement.
Plaintiffs have filed their say to said motion and prayed to impose costs.
It is the contention of defendant that due to ignorance he could not engage counsel at the earliest and thereafter documents required for drafting written statement could not be traced. For these reasons, delay has been caused in filing written statement.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
Keeping in view above legal position, I have considered present draft Notice of motion.
Delay caused is not inordinate and it cannot be said that delay caused is deliberate. Therefore, considering the reason assigned, in order to give an opportunity to the defendant to contest matter on merit, I am inclined to condone the delay caused in filing of written statement. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/- to the plaintiffs within period of one week. Defendant is at liberty to deposit costs payable to the Plaintiffs in Court.
2. Defendant has to file his written statement within one week of payment of costs to the Plaintiffs.
3. For statistical purposes, draft NM be registered.
4. Accordingly, draft NM is disposed off.
Costs is paid by Adv for defendant to the Adv for Plaintiffs.
Ex.3 Written statement filed by defendant t.o.r.
Copy is given to the Plaintiffs.
Adv for defendant submitted that written statement filed by him be treated as reply to NM filed by the Plaintiffs.
Statements of defendant is accepted.
Written statement, Exh.3 is also treated as reply to the NM of Plaintiffs.
Adv for Plaintiffs submitted that they want to file rejoinder.
Time is granted.
Adv for Plaintiff submitted that they do not want to file reply to Ch/s.
Adv for defendant submitted that Plaintiffs and  defendants are residing in suit premises.
Parties are directed to maintain status quo till next date.
Adj for NM hearing and Ch/s reply to 23.09.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv.Sushma Pandey for plaintiff present.
Adv.Fauzan Shaikh for defendant present.
Adv. for plaintiff filed affidavit in reply to C/s 1440/19. t. o. r. Copy given to other side.
She also filed affidavit in rejoinder to reply of defendant to NM 1700/19. t. o. r. Copy given to other side.
Earlier order to continued.
Matter is adjd. for Ch/s hearing to 15.10.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Plaintiff present.
Adv. Fauzan for defendant present.
Plaintiff sought adjournments- Granted.
Adjd to 19.11.2019 Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Adv. Sushma Pandey for plaintiff present.
Adv. Fauzan for defendant present.
Earlier order, if any to continue till next date.
With consent both parties matter is adjourned for hearing to 19.12.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Sushma Pandey for Plaintiff present.
Adv. Shilpa Singh for defendant No. 1 present.
Adv. for Defendant sought adjournment - Granted
Earlier Order, if any to continue till next date.
Adjd. to 16.01.2020 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Sushma Pandey for plaintiff present.
Adv. Fauzan for defendant  present.
Adv. for plaintiff submitted that plaintiff will give inspection of whatever original documents are in her custody relating to suit premises.
Earlier order, if any to continue till next date.
Therefore, matter is adjourned for CS hearing to 11.02.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Plff present.
Adv Pande for plff present.
Adv Fauzan for deft present.
He taken inspection of documents.
Earlier order continued till next date.
Matter stands Adj for Inspection to 06/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv Sushma Pande for plff present.
Adv Fauzan for deft present.
He seeks time for CS hearing.  Granted.
Matter stands Adj for CS hearing to 20/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Chs Hearing to 13.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 13-04-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Chs Hearing to 13.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 13-04-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Chs Hearing to 13.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present.
Matter stands Adj for CS Hearing to 23/02/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Sushma Pande for plff present.
None for deft.
Adv for plff seeks time for hearing on CS.
Matter stands Adj for CS Hearing to 18/03/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv Sushma Pande for plff present.
None for deft.
Earlier order continue.
Matter stands Adj for CS Hearing to 29/04/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Both parties and their Adv absent.
Earlier order to continue till decision of NM.
Matter stands Adj for CS Hearing to 12/10/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Both parties and their Adv absent.
Matter stands Adj for CS Hearing to 17/11/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Both parties and their Adv absent.
Matter stands Adj for CS and NM Hearing to 24/01/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: Both parties and their Adv absent.
Matter stands Adj for CS Hearing to 17/03/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Both parties and their Adv absent.
Matter stands Adj for CS Hearing to 20/04/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Both parties and their Adv absent.
P. O. is busy in dictating order in NM 2149/2018 in SU 2768/2017.
Matter stands Adj for CS Hearing to 23/06/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2022

Date: 23-06-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2022

Date: 23-06-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 15-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 15-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing as last chance to 05/11/2022
Next Purpose: HEARING
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 21/12/2022.
Next Purpose: HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Both parties and their advocate are absent.
Matter is adjourned for hearing to 14/02/2023.
Next Purpose: HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Both parties and their advocate are absent.
Matter adjourned for hearing to 31/03/2023.
Next Purpose: HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned for hearing to 09/06/2023.
Next Purpose: HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Both parties and advocate absent.
Last chance granted for hearing.
Matter adjourned for hearing on 06.07.2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023

Date: 09-06-2023
Business: Both parties and advocate absent.
Last chance granted for hearing.
Matter adjourned for hearing on 06.07.2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023

Date: 09-06-2023
Business: Both parties and advocate absent.
Last chance granted for hearing.
Matter adjourned for hearing on 06.07.2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Granted as last chance
Matter adjourned for hearing on 26/07/2023.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Granted as last chance
Matter adjourned for hearing on 26/07/2023.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Granted as last chance
Matter adjourned for hearing on 26/07/2023.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 02.09.2023.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023

Date: 26-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 02.09.2023.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023

Date: 26-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 02.09.2023.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Plaintiff and advocate absent.
Defendant  and advocate absent.
Since long matter is posted for NM hearing. It reveals that, the plaintiffs are not interested to proceed further in NM 1700/2019, hence Notice of Motion No. 1700 of 2019 is dismissed in default.
Matter adjourned for C/S hearing on 26.09.2023.
Next Purpose: HEARING
Next Hearing Date: 26-09-2023

Date: 02-09-2023
Business: Plaintiff and advocate absent.
Defendant  and advocate absent.
Since long matter is posted for NM hearing. It reveals that, the plaintiffs are not interested to proceed further in NM 1700/2019, hence Notice of Motion No. 1700 of 2019 is dismissed in default.
Matter adjourned for C/S hearing on 26.09.2023.
Next Purpose: HEARING
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Both parties and advocates are absent.
As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
Matter is adj. for hearing to 31/10/2023.
Next Purpose: HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 13.12.2023.
Next Purpose: HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Both parties and advocate absent.
Matter adjourned for C/H hearing  on 31/01/2024.
Next Purpose: HEARING
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Both parties and advocate absent.
Matter adjourned for hearing on 05.03.2024.
Next Purpose: HEARING
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Both parties and advocate absent.
Matter adjourned for hearing on 12.04.2024.
Next Purpose: HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Both parties and advocate absent.
The record shows that matter is pending for the C/S  hearing since 2019. The defendant has not taken any effective steps for the hearing of C/S. It shows that the defendant is not interested to conduct this matter. Hence Chamber Summons no. 1440 of 2019 is dismissed for want of prosecution.
Plaintiff is directed to submit draft issues.
Matter is adjourned for draft issues on 17.08.2024.
Nature Of Disposal: DISMISSED
Disposal Date: 27-06-2024

Main Case No: SUIT/0101502/2019
Main Cnr: MHCC010045682019
Main Filing No: 111447

Filing Number: 108512/2019
Filing Date: 02-08-2019
First Hearing Date: 09th August 2019
Decision Date: 27th June 2024
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE