Kafil Ahmed Laik Ahmed ShaikhVsVakil Ahmed Laik Ahmed Shaikh

Date: 30-09-2019
Business: None present.
Issue writ of summons against defendants.
Adjourned for affidavit of service of writ of summons to 5.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Mr. Wasim Khan for plaintiff present.
None for deft.
Plaintiff tendered registered N/M no.4187/19.  T.O.R.
On perusal of the report on N/M, it appears that the defendant was not available at his residence and his wife who was present was not aware when he will come back and she refused to accept the service.  The Ld. Counsel for the plaintiff submitted that this is good service and in support of his contention, he would place reliance upon judgments.
The matter is adjd for N/M hearing to 10.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Kumawat for plaintiff present.
Adv. Khandare for deft. present.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Vakalatnama filed by Adv. for deft.
O. - Seen and filed.
Ld. counsel for plaintiff undertakes to supply plaint, annexures to the plaint and N/M along with supporting affidavit to the deft. or his counsel on or before next date.
The matter is adjd for compliance and reply to N/M to 09.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Wasim Khan for plaintiff present.
Adv. Khandare for deft. present.  Deft. present.
Ld. counsel for plaintiff submitted that the copy of plaint, annexures and N/M were supplied to deft. on 05.03.2020.
L.O.
Deft. present.
Deft. filed application for adjournment.
O. - Granted.
Adv. Khandare filed application to withdraw vakalatnama.
O. - Permission is granted to applicant/advocate to withdraw vakalatnama.
The matter is adjd for N/M reply to 26.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Business: adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 16.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv. Khan for plaintiff present.
None for deft.
The matter is adjd for N/M reply to 15.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Bushra Khan h/f. Adv. Wasim Khan for plaintiff present.
Deft. present.
Application for time to file reply and written statement filed by deft.  T.O.R.
ORDER BELOW EXH.8
On perusal of record, it appears that the deft. was given time to file written statement on 09.03.2020 and the date was fixed for filing written statement by deft. on 26.03.2020 but at that time, lock-down was imposed and the Courts were not regularly functioning.  Subsequently after lifting of the partial lock-down, the restricted entries were given to the litigants.  In view of the same, the application needs consideration. Hence, allowed.  Granted as a last chance to the deft. to file reply and written statement.
The matter is adjd for reply and written statement to 22.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Wasim Khan for plaintiff present.
Adv. Kamlesh Mishra for deft. present and filed vakalatnama on behalf of def.  Tor and marked at Exh. 9 O- Seen and filed.
Ld. Counsel for the defendant seeks time to file reply and w.s.  The defendant for the first time appeared in the matter on 09.10.2019 since then he has not filed the w.s. and reply.  On last date considering the situation of Pandemic and  lockdown he was granted an opportunity by way of last chance.  Despite of that the defendant fail to file w.s. and reply.  Hence suit to proceed without w.s. of defendant and NM to proceed without reply of Defendant.
The matter is adjd for NM hearing to 25.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 12/07/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Adv. Wasim Khan for plff present.
Adv. Kamlesh Mishra for deft present. Tendered two draft notice of motion.  Leave granted to resister the nm. Adv.for deft also filed written statement with reply to NM
Matter adjd.to 31/08/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: None for plff.
Adv. Kamlesh Mishra for deft is present and tendered original registered NM No. 1582/21 and NM No. 1583/21. T.O.R.
Matter adjd for NM reply on 08.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv. Wasim Khan for plaintiff is present.
Adv. Mishra for defendant is present.
                       Order below NM No. 1582/21
Perused the notice of motion which is supported by an affidavit of defendant. Heard Ld. Adv.of  both the sides. I have also perused the order passed by my Ld. Predecessor dtd. 22.03.2021. It is the matter of record that the previous lawyer of defendant has withdrawn the vakalatnama on 09.03.2020 and thereafter due to Covid -19 pandemic the Courts were closed and started functioning from January 2021. It is also the matter of record that no regular Courts were started and again due to the second wave from March 2021 there was lock down. In my opinion the genuine reasons are mentioned in paras no. 3 to 9 of the affidavit in support of notice of motion for granting an opportunity to the defendant to contest the suit on merits. The plaintiff and defendant are herein are real brothers and dispute is with regard to residential/commercial premises. Thus considering overall circumstances, and in the interest of Justice the order dtd. 22.03.2021 needs to be set aside. Hence, I pass the following order-
                                        ORDER
Notice of Motion No. 1582/21 is allowed and made absolute in terms of prayer clause (a) and (b) with a direction that the written statement which is already placed on record be taken on record and marked as Exh.10 and defendant to supply the copy of written statement and notice of motion reply to the plaintiff today itself.
                    Order below NM No. 1583/21
Perused the notice of motion which is supported by an affidavit. Heard both the sides. In consonance of the order passed by Hon\''ble Apex Court in su moto writ petition no. 3/2020, as the period which was expired in pandemic lock down, the so called delay as mentioned needs to condoned in the interest of Justice. Hence, I pass the following order-
                                        ORDER
Notice of Motion No. 1583/21 is allowed and made absolute in terms of prayer clause (a). Notice of Motion is disposed of accordingly.
Copy of reply and WS served upon other side.
Plaintiff is present.
The dispute herein is between two real brothers regarding the commercial/ residential premises. Considering the nature of the dispute, I am of the opinion that parties to the suit may be benefited if referred it to mediation. Both parties and advocates have consented for mediation. Hence, as per Section 89 of the CPC, this matter is referred to mediation. Parties are directed to attend District Mediation Centre on 15.11.2021 at 2.00 p.m.
Matter adjd for Mediators report on 28.01.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   03/03/2022 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for pltff.
Adv. Kamlesh Mishra for deft present.
Pltff present.
Matter is adjd to 27/06/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: P.O. is on leave. Matter adjd to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Wasim Khan for plaintiff is present.
Defendant is present.
Letter a/w mediation report received from mediation centre that the matter is not settled t.o.r marked as Exh.11 and Exh.12.
                Order below NM No. 4187/19
The Ld. Adv.for plaintiff not pressed the NM No. 4187/19.
Hence, its stands disposed of as not press.
Matter adjd to 18.11.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: None present for plaintiff and defendant.
Matter adjd to 23.01.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None present for plaintiff.
Adv. Kamlesh Mishra for defendant is present.
Last chance given to file draft issues.
Matter adjd to 23.03.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: P.O. is on leave matter adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: P. O. is on leave( Morning Session ). Matter adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: None present for plaintiff.
Defendant is present.
The dispute is in between two brothers. There is amicable chances of settlement. Hence, the matter is referred to Mah Lok Adalat to be held on 09.09.2023.
Issue notices to parties.
Issues framed. Exh-13.
Matter adjd to 09.09.2023 for Mah Lok Adalat .
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023

Date: 11-12-2023
Business: None present for plaintiff and defendant.
Matter adjd to 14.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: None present for plaintiff.
Defendant no. 1 is present.
Last chance granted to plaintiff to lead evidence.
Matter adjd to 11.06.2024 for evidence of plaintiff on the request of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: None present for plaintiff.
Defendant is present.
Sufficient time is granted to plaintiff to lead oral evidence. Issues are framed on 24.08.2023. From the roznama it is seen that plaintiff is not interested to proceed with the matter. Last chance granted to plaintiff to lead oral evidence on court motion, on failure suit will be dismissed for default on next date.
Matter adjd to 20.07.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: P. O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: None present for plaintiff and defendant.
Plaintiff and advocate both are absent since 11.12.2023. Plaintiff did not take steps to lead oral evidence despite sufficient opportunity. From the roznama it is seen that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default with no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 31-08-2024

NOTICE OF MOTION/101583/2021
NOTICE OF MOTION/101582/2021
NOTICE OF MOTION/104187/2019

Filing Number: 109357/2019
Filing Date: 23-08-2019
First Hearing Date: 30th September 2019
Decision Date: 31st August 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE