Riyad Rashid Oomerbhoy and Ors.VsDureshwar Salim Begmohammed and Ors.

Date: 31-08-2019
Business: Advocate Nisha Shah for Plaintiff present
Advocate Maheshwar for Defendant no.1a and 2 present and submitted that adjmt may be granted for filing NM reply.
Advocate Amit Ahuja for Defendant no.3 and 4 present
Letter dated 27/08/2019 from Structural Engineer Kishor H. Parkar Consultancy and service Pvt. Ltd is received along with the structural report kept in packed envelope.  Said envelope is opened in presence of lawyers of the parties.  The letter sent by Structural Engineer Kishor H. Parkar Consultancy and service Pvt. Ltd is t.o.r. O-Filed.  It is marked as Exh.12.  It is made clear that the structural auditors report will be exhibited when it will be proved by concerned parties.
Plaintiff\''s advocate submitted that Plaintiff is pressing hard for ad- interim relief hence adjmt should not be granted and matter may be kept back.
Considering submissions made matter is adjourned to 03/09/2019.  It is made clear that, if on said date, Defendants will not file reply, court will hear Plaintiff\''s argument and will decide NM on merits.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Adv. Ahuja for defendant No. 3 and 4 present.
Adv. Ajit Malvani along with Adv. Gitanjali  for defendant No. 1 and 2 present.
Exh- 13 Adv. Kalpesh Joshi for plaintiff present and submitted that he will file pursis.
Adv. For plaintiff filed a pursis. Tor.
Board is discharged due to want of electricity.
Case is adjourned to 13/09/2019f for NM reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Advocate Joshi for Plaintiff present and filed registered Notice of Motion no.3331/2019 with affidavit in support, t.o.r.
Advocate Ajit Manvani for Defendant no.1a and 2 present and filed vakalatnama Exh.14 on behalf of Defendant no.1a and 2 along with reply to NM no.3267/19 and 3331/19 on behalf of Defendant no.1a and 2, t.o.r.
Advocate Nidhi for Defendant no.3 and 4  present
Till the decision of both the Nms Defendants are directed to continue the undertaking given by them by filing pursis Exh.13.
As there are 2 Notice of Motions to be heard, court will not be able to give much time to the parties, as this court is over burden with work, hence parties are directed to file written notes of arguments, so that court can perused those notes and can pass necessary orders.
Case is adjourned to 10/10/2019 for filing written notes of arguments/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Advocate J. K. Mashter for Plaintiff present
Advocate Ajit Manvani for Defendant no.1 and 2 present and submitted that court commissioner has not provided copy of his report to the parties.  Hence parties are directed to give reminder to court commissioner so that he can provide copies to all concerned parties.
Advocate Nidhi for Defendant no.3 and 4 present
Both learned lawyers submitted that on next date they will argue NM.  Considering submissions adjourned.
Case is adjourned to 22/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020

Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Advocate Mr. J. K. Mashter for Plaintiff present
Advocate Mr. Ajit Manvani for Defendant no.1a and 2 present and submitted that he is going to file his written notes of arguments in respect of pending NM except Notice of Motion no.1427/13 today.
Advocate Ms. Riddhi for Defendant no.3 and 4 present
Advocate for Plaintiff filed written notes of arguments in respect of NM no.4736/19, t.o.r.  Copy served upon other side.
K.B.
L.O. at 3.30 p.m.
Advocate Mr. Ajit Manvani for Defendant no.1a and 2 filed written notes of arguments in respect of Notice of Motion No.4736/19, 3267/19 and 3331/19 t.o.r.  Copies are served upon advocate for Plaintiff.
Case is adjourned to 24/01/2020 for filing written notes of arguments in respect of NM 1427/13.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Advocate J. K. Mashter for Plaintiff present and filed written notes of arguments in respect of Notice of Motion no.1427/13 t.o.r.
Advocate Ajit Manwani for Defendant no.1a and 2 present and filed written notes of arguments in respect of Notice of Motion no.1427/13, t.o.r.
Advocate Ms. Riddhi for Defendant no.3 and 4 present
Court was busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as passing order on Notice of Motion no.295/2020 in suit no.201/2020 and court has to hear argument in suit no.8472/86 after completion of the order of Notice of Motion no.295/2020, hence case is adjourned to 27/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Advocate Mr. Fauzdar for Plaintiff present and press hard for ad interim relief in respect of Notice of Motion no.4736/19.
Advocate Mr. Ajit Manvani for Defendant no.1a and 2 present and submitted that copy of written notes of arguments in respect of  NM no.4736/19 is not served upon Defendants advocate.   Advocate for Plaintiff is directed to serve copy of written notes of arguments in respect of Notice of Motion no.4736/19 upon advocate for Defendant nos.1a and 2.
Advocate Ms. Riddhi Shah for Defendant no.3 and 4 present and filed written notes of arguments in respect of Notice of Motion no.1427/13,  t.o.r.
Written notes of arguments in respect of N Ms are filed however this court has to dictate judgment in suit no.8472/86, hence case is adjourned to 24/04/2020 for NM hearing. It is made clear that, if this court will get the time after completing the judgments, in the suits which are finally heard by this court which is under transfer, this court will proceed to pass NM orders.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: By Precipee
N.O.B. T.O.B.
Adv. Mr. Jamsheed Master a/w Rushad Irani i/b Purazar P. Foozdar for plaintiff present
None for defendant.
Heard Adv. for plaintiff at the length. The plaintiff is seeking permission for water proofing roof of his flat by this Notice of Motion. The plaintiff has not served the notice to the defendants no.1 and 2. The plaintiff has only served the notice by email to their advocate. The Court is doubtful as to whether the Defendants no. 1 and 2 are aware about the pressing of this application during this lock down period. Therefore, it is necessary to issue to defendants no. 1 and 2 before passing any order on this Notice of Motion. The present period is lock down period and any kind of construction activities are restricted during the same. The movement and work of the labours are also not permitted. Moreover, plaintiff has not sought any permission from Municipal Corporation for carrying out the said water proofing by filing an application. In this circumstances, it could not be just in proper to pass any order as to carrying out the work of the water proofing without notice to the defendant no.1 and 2 and in absence of any permission of the Municipal Corporation. Hence, the following order is passed -
                                    ORDER
1. Issue notice to the defendant no. 1 and 2.
2. The plaintiff is directed to serve the notice of this Notice of motion No. 4736 of 2019.
Case is adjourned to 11.05.2020 for N/M Arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: Coram  His Honour AdHoc Judge Shri Deepak L. Bhagwat.
Lock Down Court No.3 Seating in C.R. No.41.
Adv. Mr. Jamsheed Master a.w. Rushad Irani i.b Purazar P. Fauzdar for plaintiff present.
Defendant No.2  and his wife Ayesha is present.
Advocates of defendants are not present.
Considering the lockdown situation this court instructed the parties and their advocates to see whether temporary peacefull arragement by settlement between the parties can be made. The court also given some time to the parties. The parties resolved as follows
1. That the defendants agreed to the water proofing of the terrace being carried by the plaintiffs through structural Engineer namely M.s Shetgiri and Associates, if same M/s Shetgiri and Associates is not ready to do the work, then any other structural Engineer from the panel of Engineers/ Architects maintainted by the Court Receiver\''s office of the Hon\''ble Bombay High Court.
2. This will be the temporary arrangement only for the lockdown period and that the notice of motion will remain pending and will be heard on merits after the lockdown period.
3. The defendants contended that they are agreeing to this temporary arrangement only on humanitarian ground.
Matter adjd. To 04.06.2020 for NM Argument.
Authenticated copy be given to both the parties.

                                                                  Judge
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: By precipe
Adv. Mr. Jamsheed Master a/w. Rushad Irani i/b. Purazar P. Fouzdar for plaintiff present.
Adv  Mr.Manmohan Amonkar a/w.  Adv. Jacob Kaoan T.T.  for defendant no. 2 present. He filed  vakalatnama on behalf of deft.no.2. T.O.R.
Draft NM tendered by defendant no.2. T.O.R.
Leave is granted to register the NM. Copy of draft NM alongwith affidavit is served to plaintiff.
Heard argument advanced on behalf of advocate for defendant no. 2. Adv for plff  is requested that this NM taken out by deft no.2 for recall and set aside the order passed by the Court dated 11/05/2020. Therefore, he requested for short adjmnt for filing reply.
Next Purpose: REPLY
Next Hearing Date: 26-05-2020

Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020

Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020

Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020

Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020

Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020

Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020

Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020

Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020

Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020

Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020

Date: 10-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020

Date: 10-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020

Date: 10-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv.  J. K. Master for plaintiff present.
Adv. Manmohan Amolkar for defendant no. 2 present.
Adv. Nidhi Salion for def. no. 3 and 4 present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Adjd to 15.01.2021 for  reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv. Amonkar for defendant no. 2 present.
Adv. Danawala for defendant no. 3 and 4 present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party
Adjd to 12.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Purazar Fouzdar for plaintiffs present.
Adv. Manmohan Amonkar for defendant no. 2 present.
Adv. Shaunak Gokhale for defendant no. 3 and 4 present.
On oral request of Ld. Adv. for defendants adjournment granted.
Adjd to 08.04.2021 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Mentioned by praecipe.  NOB. TOB.
Adv. S. M. A. Sahid for plaintiff present.
Issue writ of summons to the defendants for answering the claim and settlement of issues.
Adjd to 08.04.2021 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: At. 11.01 am
Adv. Mr. J. K. Master along with Adv. Mr. Fouzdar for plaintiff present.
None for defendants.
Heard adv. for plaintiff. He argued about the urgency of the case. There are five notice of motions. The plaintiff desires to carryout the repairs so as to stop leakage of the rain water. Considering the present season of heavy rains the notice of motion of plaintiff is to be heard.
Defendant to appear before the Court to argue on next date and/or argue through video conference.
Adjd for NM hearing to 22/07/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according  to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for  argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according  to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for  argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according  to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for  argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according  to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for  argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according  to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for  argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according  to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for  argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: At 11.01 am
Adv. Mr. Purazar Fouzdar along with Adv. Radhika Motiani for plaintiff present.
Kb L. O at 11.25 am
Adv. Manmohan Amonkar along with Adv. Jacob Kadantot for defendant No. 2 present.
Adv. for defendant No. 2 filed additional affidavit of defendant No. 2 in NM No. 4736/19. t.o.r.
Adv. for plaintiff filed additional affidavit of plaintiff No. 2 in NM No. 4736/19. t.o.r.
Heard arguments of Adv. for defendant No. 2 partly.
Adjd for further NM arguments to 28/07/2021
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Adv. Jamsheed Master along with Adv. Mr. Fouzdar for plaintiff present.
Adv. Manmohan Amonkar for defendant No. 2 present.
Pursis filed by Adv. for plaintiff and Adv. for defendant No. 2 dt. 28.07.2021. t.o.r.
FRSR the following order is passed in NM No. 4736/19 in suit No. 1609/13
                                   ORDER
In view of the above pursis as the parties agree to get the repairs done from MHADA the notice of motion stands disposed of as withdrawn.
The pursis filed by the parties is part of the notice of motion and be annexed to this order.
FRSR the following order is passed in NM No.  1228/2020 in suit No. 1609/13
                                     ORDER
Advocate for defendant No. 2 orally stated that as per instructions the defendant does not desire to proceed with the notice of motion. Hence notice of motion is disposed of as withdrawn.
Adjd for hearing of notice of motion No. 1035/21 to 13/08/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv. Mr. Jamsheed K. Master I/b Adv. Mr. Fouzdar for plaintiff present.
Adv. for plaintiff filed affidavit of service of Mr. Tejas Konduskar stating that defendant No. 1 and 2 have received the writ of summons and defendant No. 3 and 4 are not served.
Mr. Ashirwad Sapre, intern on behalf of  Adv. Mr. Amonkar for defendant present and stated that the advocate is not well therefore he will not be able to come.
Adv. for plaintiff strongly objected on the ground that whenever the matter is for argument of NM No. 1035/2021 the defendant tries to prolong the hearing of the notice of motion thereby causing serious prejudice to the proceeding by delaying tactics and objected for adjournment.
Considering the submission on behalf of defendant that the advocate is not well a last opportunity is given to defendant to argue NM No. 1035/2021 on next date failing which the NM will he heard and decided without argument of defendant.
Adv. for plaintiff stated that the suit be proceeded exparte against defendant No. 1 and 2. The report of service of summons is filed today while submitting the same adv. for plaintiff stated that defendant No. 1 and 2 are represented by advocate in notice of motions.
The court has started regular working since 02.08.2021 and considering the above fact the exparte order cannot be passed today against defendant No. 1 and 2
Adv. for plaintiff stated that adv. for defendant No. 3 and 4 have appeared in notice of motion but not accepting the writ of summons. The service of writ of summons to defendant No. 3 and 4 has come back with remark addressee left. The writ of summons is to be served to defendants unless incase defendant/advocate is present on their behalf waives the service of writ of summons. Now adv. for plaintiff stated that vakalatnama is filed by defendants in the suit. Interpreter/sheristedar is directed to verify the record in that respect.
Adjd for NM hearing to 31/08/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Adv. Mr. Jamsheed Master for plaintiff present.
Adv. Mr. Manmohan Amonkar for deft No. 2 present.
Heard arguments of Adv. Mr. master for plaintiff partly on NM No.1035/21
Interpreter stated that after searching the file, the notice of motion 1035/21 is not found.
Adv. For plaintiff stated that he has tendered registered NM NO. 1035/21 in the court on 08.04.2021.
In the roznama dt. 08.04.2021 there is no mention of the notice of motion tendered by adv. For plaintiff.
Interpreter/concerned clerk to verify the record and again state whether the notice of motion is in the file or not and at the same time adv. For plaintiff to verify from his record and state about it.
Adjd for NM hearing to 17/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Advocate h/f Adv. Fouzdar For plaintiff present and requested to keep back
Adv. Manmohan Amonkar for defendant No. 2 present.
Kb L . O at 4.26 pm
Adv. Mr. J. K. Master for plaintiff present.
Adv. For defendant No. 2 absent.
On perusal of roznama dt. 31.08.2021 the interpreter/concerned clerk was directed to verify and to state whether notice of motion is in the file or not.
Sheristedar stated that on verification the notice of motion itself is not tendered.
Adv. For plaintiff has filed on record the copy of notice of motion No. 1035/2021. t.o.r.
During the argument Adv. Master for plaintiff has referred affidavit in reply to the notice of motion No. 1416/2020 filed on 10.11.2020. The reply affidavit to the notice of motion No. 1035/21 is also not found as per the statement of sheristedar.
I have part heard adv. Mr. Master for plaintiff on 31.08.2021 and today. Sheristedar is directed to get searched the document from concerned clerk and as there are many notice of motions get tagged all the concerned papers of notice of motions separately and arrange the file properly.
Adv. For plaintiff has drawn my attention to affidavit of service dt. 31.07.2021 stating that deft No. 1 (a) and 2 are served in the month of May 2021 therefore suit be proceeded exparte against them.
Adv. For defendant No. 2 stated that he is appearing for defendant No. 2 to that adv. For plaintiff stated that written statement is not yet filed by defendant No. 2.
Adjourned for passing exparte orders against defendant No.
 1 (a)
Adjd for NM arguments PH to 24/09/2021
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Mr. J. K. Master for plaintiff present.
Adv. Manmohan Amonkar for defendant No. 2 present.
Adv. For plaintiff filed additional affidavit of plaintiff No. 2. t.o.r.
Heard arguments of Adv. Mr. Master for plaintiff and Adv. Mr. Amonkar for defendant No. 2.
If both the parties wants to rely on any of the authorities on the point of production of document they may do so and both the advocates in such circumstances to supply the copy of that authority to each other prior to argument on next date.
Adv. For defendant No. 2 pointed out typographical error on roznama dt. 17.09.2021 that he is appearing for deft NO. 2 but even tough his presence is noted thereafter it is again typed as adv. For defendant No. 2 absent.
Adjd for NM reply to the argument of defendant by plaintiff to 27/09/2021
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: At 11.05 am
Adv. Mr. J. K. Master for plaintiff present.
Adv. Mr. Manmohan Amonkar for defendant No. 2 present.
Heard arguments of Adv. Mr. Master for plaintiff and Adv. Mr. Amonkar for defendant for notice of motion.
Adjd for NM orders to 04/10/2021
Next Purpose: NM  ORDERS
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv. Declan Fernandez h/f Adv. J. K. Master for plaintiff present.
None for defendant.
The concerned clerk was told to handover the file for reading at  10.40 am
The suit was sent in chamber but the NM was not tagged properly and was sent back to concerned clerk. Till 3.47 pm the same is not given for reading.
Now the said file is put up before me at 3.49 pm for reading. Due to the above fact the order could not be passed.
Adjd for NM orders to 08/10/2021
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv. J. K. Master for plaintiff present.
Adv. Amonkar for deft NO. 2 present.
FRSR the following order is passed in NM No. 1035/21
ORDER
1. The Notice of Motion is allowed.
2. The defendant No. 2 is directed to give inspection of the original documents  relied by him in Notice of Motion No. 1416 of 2020 to the plaintiff.
3. No order as to costs.
4. Accordingly, Notice of Motion is disposed of.
Adjd for NM hearing to 28/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Adv. Mr. J. K. Master for plaintiff present.
Adv. Mr. Manmohan Amonkar for defendant No. 2 present.
Adv. Anvi Jain I/b Apex Law For defendant No. 3 and 4 present.
Adv. For defendant No. 2 stated that defendant wants to file additional affidavit to bring facts on record.
Adv. For plaintiff is ready to argue NM No. 3331/19 and 3267/19.
The suit is pending since 2013. The suit is filed by plaintiff to appoint him as Mutawali of wakf and direct defendant NO. 1 to execute necessary documents. Direction is also sought for removal of defendant No. 1 from Mutawaliship of said wakf. Permanent injunction is sought against deft NO. 1 from acting as mutawali of said wakf. On perusal of roznama dt. 03.10.2016 preliminary issue whether this court has jurisdiction to entertain and try suit. This issue is framed by my predecessor. The NM which is pending for hearing will be heard but the parties are directed to argue preliminary issue first as it is in respect of jurisdiction. The same cannot be kept pending for years together for miscellaneous reliefs sought by plaintiff and the main suit is for declaration of plaintiff as Mutawali.
Adv. For plaintiff after verification of roznama has pointed out order passed in ch.s No. 899/19 stating that the amendment is allowed in plaint. The section 9A of CPC is repealed. Therefore on the basis of roznama the suit was fixed for hearing of Notice of motion which is decided. Adv. Fr plaintiff stated that preliminary issue is to be decided at time of final hearing and not this stage. There is amendment in the month of December 2018 in respect of repeal of section 9A of CPC thereby where the preliminary issue is framed the same is to be decided.
The preliminary issue in this matter was framed on 03.10.2016 and thereafter other miscellaneous applications in the form of NM/chamber summons were filed. Contention of adv. For plaintiff that preliminary issue to be decided at the time of final hearing cannot be accepted. In view of clarification to section 9A to CPC in the month december 2018.
Adjd for hearing on preliminary issue to 14/12/2021
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: at 11.54 am
Adv. Sapre h/f Adv. Amonkar for deft NO. 2 present.
Kb in afternoon session
L. O at 2.58pm
Adv. Radhika Motiani I/b Adv. Fouzdar For plaintiff present.
Adv. Amonkar For defendant NO. 2 present.
Adv. Anvi Jain for defendant NO. 3 and 4 present.
Court is busy in passing judgment in suit No. 312/90 hence adjourned.
Adjd for NM hearing to 01/02/2022
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None for plaintiff.
Adv. Nidhi Salian I/b Apex Law Partners for defendant nos.3 and 4 is present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for argument on preliminary issue to 15/03/2022.
LO.
Adv. Sapre h/f advocate Amonkar for defendant no.2 is present.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: At 03.06 pm
Adv. Sapre h/f Adv. Amonkar For defendant No. 2 present.
None for plaintiff.
Adv. Anvi Jain For defendant No. 3 and 4 present.
Both the advocates are seeking adjournment. Adjournment granted as last chance.
Adjd for NM hearing to 14/06/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Pudazar P.  for plaintiff present.
Adv. Manmohan A. Amonkar for defendant no. 2 present.
With consent of both sides, matter is kept for argument on  preliminary issue of jurisdiction framed in roznama dtd. 03-10-2016.
Matter is adjd. to 18-08-2022 for argument on  preliminary issue of jurisdiction framed in roznama dtd. 03-10-2016.  3.30 pm
Next Purpose: HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Dedan Fernandes for plaintiff present and prayed for adjournment  - allowed
Adv. Manmohan Amonkar for defendant no.2  present.
Adv. Nidhi Salin  for defendant no.3 and 4  present.
Matter is adjd.to  04-10-2022 for NM Hrg. 2.45 pm
Next Purpose: HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Next Purpose: HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. Hafiz Sureman a/w Adv. Fernandez a/w Adv. Sayad Zhair for plaintiff present.
Adv. Manmohan Amonkar for defendants no. 2 present.
Adv.  Nidhi Salin for defendant no. 3 and 4   present.
Matter is adjd.to 29-11-2022 for Hrg on preliminary issue.
Next Purpose: HEARING
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Next Purpose: HEARING
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Next Purpose: HEARING
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None for plaintiff present.
Adv. Niddhi Saliyan for defendant no. 3 and 4 present.
Plaintiff is directed to remain present on next date and aruge the matter on preliminary issue.
Matter adjourned for hearing on preliminary issue to 25/08/2023.
Next Purpose: HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv.  J. K. Master for plaintiff present.
Adv. Priayansh Jain for defendant no. 3 and 4 present.
None for defendant no. 1 and 2 present.
Due to absence of defendant no. 1 and 2, matter adjourned for hearing on preliminary issue.
Matter adjourned for hearing to 21/10/2023.
Next Purpose: HEARING
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Adv. J. K. Master for plaintiff present.
None for defendant no. 1 to 4 present.
Today matter is kept for hearing on preliminay issues. But none present for defendant. The advocate for plaintiff ready to argue on issues, thus defendant are directed to remain present on next date and proceed with hearing on above issue, otherwise plaintiff will be heard in their absence.
Matter adjourned for hearing on preliminary issues to 14/12/2023.
Next Purpose: HEARING
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. J. K. Master a/w H. Rahman for plaintiff present and submitted that matter is pending for hearing on preliminary issues. None of the defendant remain present and ready for hearing on preliminary issues. Therefore matter lastly adjourned for hearing on preliminary issues, if on next date, the defendant who raised the preliminary issue, failed to proceed with matter, preliminary issue will be decided along  with other issues.
Adv. Samarth Sadavarte for defendant no. 2 present and undertake to file V/p on  next date.
None for defendant no. 1, 3 and 4 present.
Matter adjourned for hearing to 22/02/2024.
L. O.
After passing order Adv. Mariyam Kachwala For defendant no. 3 and 4 present.
Already Matter adjourned for hearing to 22/02/2024.
Next Purpose: HEARING
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Adv. J. K. Master for plaintiff present.
Adv. Samarth Sadavarte for defendant no. 2 present.
Adv. Nidhi Saliyan for defendant no. 3 and 4 present.
Matter adjourned for NM hearing to 13/03/2024.
Next Purpose: HEARING
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Adv.  Declan Fernandes For plaintiff present.
Adv. Muley for defendant no. 2 present and filed V/p. TOR, and marked as Exh.18
Adv. Nidhi for defendant no. 3 and 4 present.
Matter adjourned for NM hearing to 04/04/2024.
Next Purpose: HEARING
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv. Jamsheed Master For plaintiff present.
Adv. Nidhi For defendant no. 3 and 4 present.
Matter adjourned for NM hearing to 13/06/2024.
Next Purpose: HEARING
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: HEARING
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Adv.  Jamsheed K. Master a/w Gaurav Suryavanshi for plaintiff present.
Adv. S. D. Mulye for defendant no. 1a present.
Matter adjourned for NM argument to 03/08/2024.
L. O.
Adv. Nidhi Salian for defendant no. 3 and 4 present.
Matter already adjourned for NM argument to 03/08/2024.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Jamsheed Master for plaintiff present.
Adv. S. D. Muley for defendant no. 1 and 2 present.
Adv. Mariyam for defendant no. 3 and 4 present.
Court is busy in other matter.
Matter adjourned for NM argument to 02/09/2024 at 2.45 PM. L. O.
Advocate for plaintiff filed application at Exhibit-17. O-Seen and filed.
Matter already adjourned for NM argument to 02/09/2024 at 2.45 PM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Adv. Jamshed Master a/w Declan Fernandes for plaintiff present.
Adv. S. D. Mulye for defendant no. 1a present.
Adv. Nidhi Salian for defendant no. 3 and 4 present.
Court is busy in other matter.
Matter adjourned for NM argument to 04/10/2024 at 2.45 PM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: Adv. Jamshed Master for plaintiff present.
Advocate for defendant no. 2 present.
Adv. Harshada Gaikwad for defendant no. 3 and 4 present.
Court is busy in other matter.
Matter adjourned for NM argument to 19/10/2024 at 2.45 PM.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: Adv. Jehan Lalkaka a/w Dedan Fernandes a/w Sayed Zahir for plaintiff present.
Adv. Nidhi Salian i/b Apex Law partners for defendant no. 3 and 4 present.
Defendant no. 2 in person present.
Court is busy in other matter.
Matter adjourned for NM argument to 13/12/2024.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: PO is on leave hence matter adjourned
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: Adv. Pawan Tiwari for plaintiff present and seeks time for argument. Time granted till next date.
Advocate for plaintiff filed V/p at Exhibit-18. Taken on record.
Adv. Shivani Ghonde for defendant no. 3 and 4 present.
Matter adjourned for NM argument to 21/04/2025.
Later on..
Adv. S. D. Mulye for defendant no. 2 present and tendered draft notice of motion along with affidavit in support thereof. Taken on record. Leave is granted to register it.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: Adv. Ashok Dhanuka for plaintiff present.
Adv. S.D. Muley for defendant present and tendered registered NM 1017/25 along with affidavit in support. Served copy to other side.
Ld. Adv. for plaintiff filed reply to the notice of motion 1017/25.
As per order dated 03/04/2025, today plaintiff has paid Rs. 2000/- to the defendant.
Adv. Diksha Panchal for defendant no. 3 and 4 present.
Matter adjourned on 20-06-2025.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: Advocate Mr. Ashok Dhanuka for plaintiff present.
None for defendant. Matter is for hearing of NM Nos.-1427/2013, 3267/2019, 3331/2019 and 1416/2020. Matter be adjourned for hearing. Defendant is directed to remain present for hearing, failing which matter be proceed without hearing of defendant.
Later on at 3.51 p.m.
Advocate Mr. S. D. Mulye defendant No.1(a) present and seeks time to file re-joinder to reply filed by the plaintiff.
Advocate Ms. Diksha Panchal i/b Apex Law for defendant Nos. 3 and 4 present.
Matter is adjourned to 26-06-2025 for NM arguments/re-joinder.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: Advocate Mr. Vipul Makwana for plaintiff present. Advocate Mr. S. D. Mulye for def. No.1 present. Court is vacant and hence, matter adjourned.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: matter received from CR. no. 23.
P. O. is on leave, matter adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: Adv. Ashok Dhanuka a/w Vipul Makwana for plaintiff present.
Adv. Diksha Panchal i/b Apex Law Partners for defendant no. 3 & 4 present.
Adv. S.D. Mulye for defendant no. 2 present. He filed affidavit in rejoinder on Notice of motion 1017/2025.
Matter adjourned for Hearing to 19.08.2025
Next Purpose: HEARING
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: None for plaintiff.
Adv. Mohd. Subhan Teli for respondent no. 3 and 4 present.
Due to heavy rain, the courts working hampered.
Matter adjourned for NM hearing to 17/10/2025.
Later on :-
Adv. Hitesh Gupta for plaintiff present. He requested to prepone the date and keep the matter on 10.9.25 :- Request is granted. Plaintiff is directed to intimate regarding changing of date to the defendant and file affidavit of service on next date.
Adjd for affidavit of service and NM hearing on 10.09.25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Ashok Dhanuka for plaintiff present.
Adv. Nidhi Salian for defendant no. 3 and 4 present.
Adv. S. D. Muley for defendant no. 1a present and seek time for NM hearing. Time granted till next date.
Matter adjourned for NM hearing to 17/10/2025 at 12.30 PM..
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: Adv. Ashok Dhanuka a/w Adv. Vipul Makwana a/w Adv. Hitesh Gupte for plaintiff present.
Adv. Diksha Panchal i/b Apex Law Partners for defendant no. 3 & 4 present.
On last date Adv. S.D.Muley for defendant no. 1a was present and seek time for hearing, he granted time till today.
Today advocate for defendant no. 1a through his clerk filed adjournment application. Taken on record and marked Exh.20. O- Considering the fact that NM’s are old hence rejected.
NM are too old. It appears that 2 NM’s are of 2019. It appears that, adv. for defendant 1a is not ready to argue on NM therefore on the next date arguments of the plaintiff will be heard.
Defendant no. 1a is directed to remain present with his advocate to argue on NM 1427/2013, else matter will be proceed in his absence.
Matter adjourned for NM hearing on 13.11.2025
Later On
Defendant no. 1a in person present.
Matter already adjourned for NM hearing on 13.11.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2025

Date: 13-11-2025

Date: 25-11-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Ashok Dhanuka alongwith Adv. Hitesh Gupte present for plaintiff and filed application to correct the roznama of NM no.1427/2013. Taken on record. Marked as Exh-21. O- CC to verify and report.
Adv. S. D. Mulye present in morning sessions for defendant no.1(a).
Defendant no.1(a) is present.
Matter is adjd. for NM hearing to 18.12.2025 at 12:30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Firoz Bharucha alongwith Adv. Ashok Dhanuka, Adv. Hitesh Gupte and Adv. Vipul Makwana present for plaintiff.
Adv. Diksha Panchal I/b Apex Law Partners present for defendant no.3 and 4.
Matter is adjd. for preliminarily issue framed by court on
03.10.2016 to 06.02.2026 at 12:00 p.m.
Later on at 12:37 p.m.
Adv. S. D. Mule present for defendant no.1(a).
NM no.1427/2013 is already disposed off on 08.03.2019 and found R and P.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
Adv. Ashok Dhanuka alongwith Adv. Vipu Makwana i/b W3 Legal LLP present for plaintiff and filed pursis. Taken on record. Marked as Exh-  .
Adv. for plaitiff also tendered the order in Writ Petition no.17326 of 2025. Taken on record.
Coram: N. J. Jamadar, J.
Dated: 03 February, 2026.
PC:
6. The learned Judge, City Civil Court, is requested to make an endeavour to hear and decide the preliminary issue, as framed, as expeditiously as possible, and, preferably, within a period of eight months from 6th February, 2026.
7. The parties shall co-operate with the learned Judge, City Civil Court, in the expeditious hearing and disposal of the suit and shall not seek unnecessary adjournments.
Adv. S. D. Mulye present for defendant no.2 and filed further affidavit of defendant no.2. Taken on record.
Defendant no.2 is present.
Adv. Diksha Pancha i/b Apex Law Partners present for defendant no.3 and 4 and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register granted. Copy is served to other-side.
Order below Exh-21:
Adv. for plaintiff submitted that NM no.1427/2013 is shown wrongly decided on 08.03.2019 and on perusal of roznama dtd.08.03.2019 it appears that the order of NM no.305/2019 is pasted on the roznama NM no.305/2019 is not the matter of this suit. Records and Proceedings shows that NM no.1427/2013 neither heard nor decided by this court. Therefore, NM No.1427/2013 is taken on record again and restore in CIS. The Ld. Advocates to argue on NM no.1427/213 in due course.
The Preliminary issues is framed by the court on 03.10.2016 as:
    1. Whether this court has jurisdiction to entertain and try the suit?
    2. The plaintiff and defendant to lead evidence on issue of jurisdiction, if
         any.
The plaintiff has filed say on the draft Notice of Motion of defendant no.3 and 4 itself.
Adv. for defendant no.2 requested for time to file reply on draft Notice of Motion.
By consent.
Matter is adjd. for evidence on Preliminary issues by defendant no.2 and reply on NM of defendant no.3 and 4 by defendant no.2 to 16.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
None present for plaintiff.
Adv. S. D. Mulye present for defendant no.2 and seeks time for submission on jurisdiction. He seeks time to file reply on NM no.861/2026. He also filed application. Taken on record. Marked as Exh-22. O- Allowed. He also filed application about making enquiry about the jurisdiction to Registrar of City Civil Court, Mumbai. Taken on record. Marked as Exh-23.
KB
Later on at 12:05 p.m.
Adv. Diksha P. Panchal i/b Apex Law Partners present for defendant no.3 and 4 and tendered registered NM no.861/2026 alongwith affidavit in support Taken on record. She also filed pursis that they do not want to lead evidence on the issue of jurisdiction. Taken on record. Marked as Exh-24.
Matter is adjd. for reply on NM no.861/2026 to 18.04.2026 at 12:00 p.m.
Later on at 03:14 p.m.
Adv. Vipul Makwana present for plaintiff and submitted that matter be kept for evidence on preliminary issue and reply on NM no.861/2026 and hearing NM no.1427/2013 to 20.04.2026 at 12:00 p.m.
Plaintiff to communicate the change of date to defendants.
Later on at 05:20 p.m.
Adv. Sudhanshu Tiwari present for plaintiff and filed pursis for placing events that transpired on 16.03.2026. Taken on record. Marked as Exh-25. O- Advocate of defendant no.2 to note.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: CORAM : H.H.J. SHRI A. A. LAULKAR (C.R.NO.66)
Adv. Prashant Pandey along-with Adv. Vipul Makwana  Adv. Dinesh Jadhwani, Adv. Sayed Zakir i/b N3 Legal LLP present for plaintiff.
Adv. S. P. Mulye present for defendant no.2 and he requested for short time for filing reply to NM no.861/2026. O- Time is granted strictly as a last chance. The Adv. for defendant no.2 ensures to supply copy of his reply to plaintiff as well as defendant no.3 and 4 in advanced by 30.04.2026.
Adv. Diskha Panchal i/b Apex Law Partners present for defendant no.3 and 4.
Ld. Adv. for plaintiff filed draft Chamber Summons alongwith affidavit in support. Taken on record. O- Leave to register granted. Copy served to other-side. Adv. for defendant no.3 and 4 filed reply over Draft Chamber Summons itself.
Adv. for defendant no.2 filed reply over Draft Chamber Summons itself.
Heard both sides on Draft Chamber Summons.
Matter is adjd. for order on draft CS and tendering registered CS on 30.04.2026 at 12:30 p.m. and CS service NM no.861/2026 reply and Evidence on preliminary issues to 05.05.2026 at 12:30 p.m.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: CORAM : H.H.J. SHRI AMIT A. LAULKAR  (C.R.NO.66)
Adv. Prashant Pandey along-with Adv. Ashok Dhanuka, Adv. Hitesh Gupta i/b W3LEGAL LLP present for plaintiff.
Adv. Diksha Panchal i/b Apex Law Partners present for defendant no.3 and 4.
Defendant no.2 is present and filed adjournment application. Taken on record. Marked as Exh-26. O- Other-side to say. Plaintiffs and defendant no.3 and 4 has filed their reply overleaf. O- In view of specific reasoning mentioned herein, adjournment is granted.
Adv. for plaintiff filed registered Chamber Summons no.1005/2026. Taken on record. Both parties were already heard on said Chamber Summons. Hence, today it was kept for order.
F.R.S.R. following order is passed:
Order below Chamber Summons No.1005 of 2026:
1. Chamber Summons No.1005 of 2026 is allowed.
2. Plaintiff is permitted to delete the name of deceased Defendant No.1A from the cause title of the plaint and from all the pending Notice of Motions as detailed in the schedule annexed herewith the chamber summons, before next date.
3. Post amendment, amended copy of the plaint be served upon the defendants.
4. Accordingly, Chamber Summons stands disposed of.
Record reveals that the Honourable High Court, Bombay vide its order dtd.03.02.2026 passed in Writ Petition No.17326/2025 has directed this court to make and endeavour to hear and decide the preliminary issue, as framed, as expeditiously as possible, and, preferably, within a period of 8 months from 06.02.2026. In such legal scenario and mandate of the Honourable High Court, Bombay, the preliminary issue need to be heard expeditiously. Record also reveals that, till date neither party has opted to file evidence on the preliminary issue. There appears statement on record that parties are not  willing to file evidence in respect of preliminary issues. Therefore, the preliminary issues be fixed for final hearing. Since, the matter is High Court Time Bound, both parties have directed to proceed with the suit positively and the hearing of the preliminary be taken up day-to-day wise.
Matter is adjd. for hearing on preliminary issues/H.C.T.B. to 09.06.2026 at 02:45 p.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: CORAM : H.H.J. D. R. DESHPANDE  (C.R.NO.66)
Adv. Ashok Dhanuka along-with Adv. Hitesh Gupta,  Adv.  Vipul,  Adv. Sudhanshu Tiwari i/b W3LEGAL LLP present for plaintiff and filed affidavit of service of copy of the amended plaint. Taken on record. Marked as Exh-27.
None present for defendant right now.
Post the matter for hearing on preliminary issue raised by order dtd.03.10.2016 in the afternoon.
KB afternoon
Later on at 03:07 p.m.
Adv. S. D. Mulle present for defendant no.2.
Adv. Jyoti Vishwakarma i/b Adv. Nidhi Salian  present for defendant no.3 and 4.
Ld. Adv. for defendants submits that this court has not received any order for the transfer of this matter to any other Forum, and for that purpose, he has sought for information from the Registrar, City Civil and Sessions Court, Mumbai. However, the preliminary issue pertaining to inherent lack of jurisdiction of Civil Court by virtue of bar provided by the Waqf Fact which is irrespective of whether or not, there is an order of transfer of this matter to any other Forum. The Honourable High Court has directed this court to expedite the hearing on preliminary issue. Hence, prayer of grant of time is rejected.
Heard Ld. Adv. for plaintiff on preliminary issue. He has submitted written notes of argument. Taken on record. Marked as Exh-28.
Ld. Adv. for defendants seeks time to argue on behalf of defendants. O- Granted.
Matter is adjd. for hearing on preliminary issues/H.C.T.B. in morning session to 20.06.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: PO is on leave, hence matter adjourned
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: PO is on leave, hence matter adjourned
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Ashok Dhanuka present for plaintiff.
Plaintiffs are absent.
Defendant no.2 and his advocate on record are absent for hearing.
Adv. Archana Deshpande h/f Adv. Shrirang Mulye present for defendant no.2 and filed adjournment application. Taken on record. Marked as Exh-29. O- Last chance granted to defendant no.2 for hearing as it is a Time Bound Matter by Honourable High Court. On 27.07.2026 no adjournment will be granted.
Adv. Jyoti Vishwakarma i/b Apex Law Partners present for defendant no.3 and 4.
Matter is adjd. for H.C.T.B. to 27.07.2026 at 12:00 p.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Ashok Dhanuka along-with Adv. Sudhanshu Tiwari present for plaintiff.
Defendants no.1 and 2 and their advocate on record absent.
Adv. Nidhi Salian i/b Apex Law Partners present for defendant no.3 and 4.
Matter is adjd. for H.C.T.B. to 06.08.2026 at 12:00 p.m.
Later on at 03:13 p.m.
Adv. S. D. Mulye present for defendant no.2.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: PO is on training.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: CORAM : H.H.J. K. S. Zanwar  (C.R.NO.66)
Adv. Ashok Dhanuka along-with Adv. Nikhil Sonar i/b W3Legal LLP present for plaintiff.
Adv. Jyoti Vishwakarma i/b Apex Law Partners present for defendant no.3 and 4.
Defendant and their advocate on record absent.
KB
Later on at 01:15 p.m.
Defendant no.2 is present and filed adjournment application. Taken on record. Marked as Exh-30. O- Time granted till next date.
CA of defendant no.4 is present.
To ask the Advocate for defendant no.2 whether he consent to decide this issue at the time of final adjudication. Otherwise, we keep this matter for hearing after 05.09.2026.
Matter is adjd. for H.C.T.B. to 31.08.2026 at 12:00 p.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: CORAM H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Ashok Dhanuka along-with Adv. Pranali Rawool i/b W3Legal LLP present for plaintiff and filed one application to bring on record the facts concerning roznama dtd.18.08.2026 along-with the email received by him from advocate of defendant no.2. Taken on record. Marked as Exh-31. O- Exh-31 filed and disposed off.
Defendant no.2 is present. Advocate on record absent. Defendant no.2 filed one application at Exh-32 regarding to answer the last roznama and mentioned that preliminary issue must be heard and decided at the preliminary stage only.
On dt.18.08.2026, advocate for defendant no.2 is absent but defendant no.2 is present and advocate for plaintiff is ready for argument on preliminary issue but due to paucity of time, court asked to both parties whether they are ready to decide the issue regarding jurisdiction at the final stage. But advocate for defendant no.2 taking it in a very wrong manner and filed todays application. Advocate for plaintiff as well as court were not intending to contempt any order of Honourable High Court. Hence, matter is posted for argument on preliminary issues. Hence, application Exh-32 filed and disposed off.
Adv. Jyoti Vishwakarma i/b Apex Law Partners present for defendant no.3 and 4.
As it is a Time Bound matter. Both parties are directed to remain present on 11.09.2026 for hearing on preliminary issue. If fail, court will pass appropriate order.
Matter is adjd. for H.C.T.B. to 11.09.2026 at 12.00 p.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Ashok Dhanuka along-with Adv. Pranali Rawool, Adv. Hitesh Gupta i/b W3Legal LLP present for plaintiffs.
Adv. S. D. Mulye present for defendant no.2
Adv. Jyoti Vishwakarma i/b Apex Law Partners present for defendant no.3 and 4.
Heard both sides.
Matter is adjd. for H.C.T.B. to 03.10.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-10-2026

Main Case No: SUIT/0101609/2013
Main Cnr: MHCC010019662013
Main Filing No: 111447

Registration Number: 103267/2019
Transfer Date: 06-05-2020
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 103267/2019
Transfer Date: 21-05-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 103267/2019
Transfer Date: 08-06-2020
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 103267/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Registration Number: 103267/2019
Transfer Date: 21-04-2025
From Court: 66 - COURT 66 ADDL SESSIONS JUDGE
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Registration Number: 103267/2019
Transfer Date: 20-06-2025
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 23 - COURT 23  ADDL SESSIONS JUDGE

Registration Number: 103267/2019
Transfer Date: 01-07-2025
From Court: 23 - COURT 23  ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 109500/2019
Filing Date: 27-08-2019
First Hearing Date: 31st August 2019
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE