Mr. Alauddin KhanVsMr. Salauddin Khan +9 more

Date: 13-01-2020
Business: Court is busy recording of evidence in Suit No.1055 of 2008, Suit No. 3293 of 13 and Suit No.2864 of 2014, hence board discharge.
Matter is adjd. for directions to 16/03/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Due to direction to combat Corona virus, board is discharged as
only matters for argument are taken up.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Business: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 03-04-2021

Date: 03-04-2021

Date: 29-06-2021
Business: due to covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Manisha Mundhe  for plaintiff present.
Adv. Chandramore for defendant No.8 present.
Adv. Trivedi for defendant No.9 present.
Plaintiff to file affidavit of service of summons suit on all defendants.
Draft N/M along with affidavit in support of N/M tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.
Issue notice to defendants.
Matter is adjd. to 30/09/2021 for tendering registered NM/filing affidavit of service of summons suit.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv. Ms. Manisha Munde  for the plaintiff present and filed service of affidavit. t.o.r.
Adv. Chandramore for defendant No.8 present.
Advocate for the plaintiff tendered registered N/M No.1964/2021 along with affidavit in support. t.o.r.
Advocate for the plaintiff filed an application for substitute service to defendants No.2, 4 and 5.
O- Substitute service is allowed subject to affidavit in terms of contents of application.
Matter is adjd. to 16/11/2021 for filing affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv. Mr. Rajguru for the plaintiff present and filed affidavit of service to defendants No.2, 4 and 5
Adv. Chandramore for defendant/BMC No.8 present.
Adv. Mr. Trivedi for defendant No.9 present.
Defendants No.8 and 9 have failed to file WS. Hence, the suit to proceed without WS against defendants No.8 and 9.
Matter is adjd. to 03/01/2022 for ex-parte order against other defendants.
Next Purpose: FOR___________________
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Court is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Ms. Manisha Munde for the plaintiff present.
Advocate Mrs. Chandramore for defendant No.8/BMC present.
Advocate Mr. Trivedi for the defendant No.9/SRA present.
As the Court is busy in dictating order in N/M No.640/2019, hence, Matter is adjd. to 07.04.2022 ex-parte against the defendant and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: None present for parties.
Matter is adjd. to 29-06-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Malini Desai for plaintiff present and submitted that she is ready for argument.
Adv. Chandramore for defendant no.8/BMC present.
Adv. Trivedi deft.no. 9/SRA present.
Perusing record it appears that, the substitute service affidavit to deft.no. 2,4 and 5 on 16.11.2021. The deft.no. 2, 4 and 5 failed to appears hence suit proceed exparte against Deft.no. 2,4 and 5.
Plaintiff adv. seeking time for service to deft.no.1.
Matter is adjd. to 16.09.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 17.11.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: SERVICE
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv. Manini Desai for plaintiff present and tendered affidavit of service.
Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Jagdish Nagar for defendant no. 2 present and filed VP. TOR. It is marked at Exh.5 and He also filed draft Notice of Motion along with affidavit in support. T.O.R. O- Leave is granted to register the Notice of Motion.
He also filed written statement. Served copy of written statement and Notice of Motion to the plaintiff.
Matter is adjourned to 09.02.2023 for Reply to NM filed by Deft.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Manini Desai for plaintiff present
Adv. Jagdish Nagar for defendant no. 2 present and filed application, TOR. It is marked at Exh.6 for extension of time to register Notice of Motion. Time extended.
Matter is adjourned to 08.03.2023 for Notice of Motion Hearing/Reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. Sadanand Bansode for plaintiff present.
Adv. Jagdish Nadar for defendant No. 2 present and filed  registered Notice of Motion No. 845/23 alongwith affidavit in support.
Adv. Khandagale for Defendant No.8/BMC present.
Adv. Mr. Trivedi for Defendant No.9/SRA present
Matter is adjourned to 13.06.2023 for Notice of Motion No. 845/23 Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: The plaintiff is present in person.
Adv. Mr. Sadanand Bansode for the plaintiff is present.
Adv. Mr. Jagdish Nagar for defendant No. 2 is present.
Adv. Mr. Trivedi for defendant No. 9/SRA is present.
Advocate for the plaintiff sought adjournment for filing reply to the NM of defendant No. 2.
Adjourned for NM reply/NM hearing to 03.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. for the plaintiff is present.
Adv. Ms. Aprita Chopra for defendant No. 2 is present.
Adv. Mr. Trivedi for defendant No.9/SRA is present.
Adv for the plaintiff seeks time to file reply to NM of defendant No.2. He also submits that plaintiff is expired and he has to take steps for bring on record his legal-heirs and sought adjournment.
Adv. for defendant No. 9/SRA submitted that NM of defendant No. 2 is not served upon defendant No. 9.
Adjourned for taking steps by plaintiff and reply to NM to 04.09.2023.
LO at 04:30 pm.
Adv. Ms. Chandramore for defendant/BMC is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Adv. Ms. Saba Shaikh for the plaintiff is present.
Adv. Mr. Jagdish Nagar for defendant No. 2 is present.
Adv. Mr. Trivedi for defendant No.9 /SRA is present.
Adv. for the plaintiff sought adjournment by submitting that plaintiff has to tender Ch/s as plaintiff is expired.
Matter is adjourned to 16.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: None present for the plaintiff.
Adv. Mr. Gaurav R. Nyayanit for defendant No. 2 is present.
Adv. Mr. Trivedi for defendant No.9/SRA is present.
Matter is adjourned to 08.01.2024 for steps.
LO at 04:32 pm.
Adv. Ms. Saba Shaikh for the plaintiff is present and tendered draft Ch/s along-with affidavit in support. O- Leave is granted to register the same till the next date.
Matter is adjourned to 08.01.2024 for steps/service.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Plaintiff is present
Adv. Ms.Saba Shaikh for the plaintiff is present.
Defendant No. 2 is present
Adv. Mr. Gaurav for defendant no. 2/ is present.
Adv. Mr. Trivedi for def. No. 9 is present
Adv. Mrs. Chandramore for def no. 8/ BMC is present.
Adv for plaintiff tendered registered Ch/s No. 1966/2023.
Adv for def. no. 2 seeks time to file reply to ch/s. Time granted.
Matter is adjourned to 12.03.2024 for reply for Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Adv. Ms.Saba Shaikh for the plaintiff is present.
Adv. Mr.Jagdish Nagar for defendant no.2 is present.
Adv. Mrs.Chandramore for defendant no.8/BMC is present.
Adv. Mr.Trivedi for defendant no.9/SRA is present.
Adv. for plaintiff supplied copy of Ch/s upon defendant no.2.
Adv. for defendant no.8 filed reply to Ch/s overleaf.
Adv. for defendant no.2 seeks time to file reply to Ch/s.
ADv. for plaintiff seeks time to file affidavit of service.
Matter is adjourned to 29.04.2024 for Ch/s reply and NM.
Next Purpose: C/S REPLY
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Defendant no.2 is present.
Adv. Mr.Rohan Sharma for the plaintiff is present.
Adv. Mr.Gaurav Nayanit for defendant No.2 is present.
Adv.Mr.Trivedi for defendant no.9/SRA is present.
Adv. for defendant no.2 filed reply to Ch/s No.1966/2023 taken on record.
Matter is adjourned to 08.07.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Adv. Tabish Jamdar i/b. Adv. Memon for plaintiff is present.
Adv. Gaurav for deft. no. 2 is present. On next date reply file positively, otherwise matter is kept for CH/s. hearing.
Matter is adjourned to 26.08.2024 for CH/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Plaintiff present.
Adv Jeetendra Rajguru for plaintiff present.
Adv Gaurav Nyaynit for defendant no.2 present.
Adv Trivedi for defendant no.9 present.
Adv Rahul Rathod for BMC present.
Matter is adjourned 07.10.2024 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: As P.O. has gone for training programme at Uttan,Thane. Hence,board is discharged. Matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Adv. Khan Farha for proposed plaintiff present.
Adv. Gaurav Dnyani for defendant no.2 present.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Trivedi for defendant/SRA present.
Matter is adjourned to 23/12/24 fr CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-12-2024

Date: 23-12-2024
Business: Adv. Khan Farha for proposed plaintiff present.
Adv. Gaurav Dnyani for defendant no.2 present.
Adv. Bhandari h/f Adv. Trivedi for defendant/SRA present.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 27/01/25 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Adv. Farhana Khan present for plaintiff.
Adv.  present for defendant no. 2.
Advocate Trivedi for defendant no. 9/SRA present.
Affidavit of reply filed by defendant no. 2 to NM no. 1964/21.
Copy served to the other side.
Adv. for defendant no. 9 submitted that, he does not want to file reply on NM.
None present for other defendants.
Matter is adjourned to 11-03-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: As  the Court is on leave.  Hence, board is discharged and matter stands adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Plaintiff present.
Adv. Tabish Jamdar for proposed plaintiff present.
Adv. Jagdish Nagar for deft. no. 2 present.
Advocate Rahul Rathod for defendant no. 8/BMC present.
Advocate Trivedi for defendant no. 9/SRA present.
Matter is adjourned to 02/07/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv. Khan Farhana present for plaintiff.
Advocate Kunal Torne for defendant no. 2 present.
Advocate Rahul Rathod for defendant no. 8/BMC present.
Advocate Bhandari h/f Adv. Trivedi for defendant no. 9/SRA present.
Heard argument by ld adv. for plaintiff and defendant on CS no. 1966/23.
Order on CS no. 1966/23.
CS 1966/23 is filed to bring legal heirs of original plaintiff on record.
Copy of death certificate is filed. It is submitted that, plaintiff died on 24/03/23 leaving behind applicant no. 1 to 8, legal heirs. In support file afresh affidavit dt. 19/12/2024. Defendant no. 8 opposed tge Cs on the ground that, it is not in limitation and suit is already abated.
     Defendant no. 2 opposed the application contending that, material facts are suppressed. Legal heirs certificate is also not filed on record and prayed for rejection of the same.
     I have gone through record. It is not in dispute that, original plaintiff died on 24/03/2023 and the application is moved on 27/10/2023. There is delay of around 4 months. The proposed legal heirs are interested to proceed with the matter.  Hence, CS 1966/23 is allowed and disposed of accordingly. Proposed legal heirs be brought on record as Plaintiff no. 1A to 1H. Plaintiff to make necessary correction.
Matter is adjourned for compliance to 08/09/25.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Adv. Preeti Jain i/b Adv. Farhana Khan present for plaintiff and tendered amended copy of plaint. TOR.
Adv. Kunal Torne present for defendant no.2 present.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Trivedi for defendant no.9/SRA present.
Matter is adjourned to 13.10.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: Adv. Khan Farhana i/b Memon  Co. present for plaintiff.
Adv. Gaurav Nyayanit for defendant no.2 present.
Adv. Trivedi for defendant no.9/SRA present.
Adv. Rahul Rathod for defendant no.8/BMC present.
The Court is busy in dictating the Judgment in Suit no.2201/2010, Order in NM no.782/2025 in Suit No.6533/2024, Order in H.C.T.B. NM no.2114/2024 in Suit no.5673/2024 and Order in NM no.849/2025 in Suit No.337/2025. Therefore, Board is discharged.
Matter is adjourned to 15.12.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Adv. Tabish Jamdar i/b Adv. Usama Memon present for plaintiff.
Adv. Rahul Rathod for defendant no.8/BMC present.
Adv. Trivedi for defendant/SRA present.
The Court is busy in dictating Order in Suit no.2723/2025 and hearing arguments on NM in Suit no.4505/2024 hence, Matter is adjourned to 27.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Adv. Tabish Jamdar i/b Adv. Usama Memon present for plaintiff.
Adv. Kunal Torne for defendant no.2 present.
Adv. Rahul Rathod for defendant no.8/BMC present.
KB LO at 3.35pm
Plaintiff no.1 present.
Advocate for plaintiff filed reply to NM 845/2023.TOR. O-RR.
Matter is adjourned to 07.03.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
None present for plaintiff.
None present for defendants.
Kept Back.
Later On. At 03.10 p.m.
Adv Tabish Jamdar i/b Adv Usama Memon for plaintiff present.
Adv Arpita Chopre for deft no.2 present.
Advocate for plaintiff has supplied copy of reply to the advocate for defendant in NM 845/2023.
Adv for deft submitted that her senior advocate to argue the NM. Hence, with consent of both the parties matter is adjourned.
Matter is adjourned to 26/03/2026 for NM Hearing.
                                                                                                   Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Plaintiff present.
Adv. Pratham Singh i/b Adv. Usama Memon present for plaintiff.
Adv. Gaurav Nyaynit for defendant no.2 present and filed rejoinder to the reply of NM 845/2023 by plaintiff. TOR.
Adv. Rahul Rathod for defendant no.8/BMC present.
As Court time is over in dictating order on NM in Suit nos.4376/2011 and 907/2013 and in Hearing arguments on Stamp No.7680/2026 and on NM in Suit No.1077/2026 hence, Matter is adjourned to 10.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: None present for plaintiff.
Defendant no.1 present.
Adv. Ritika Mohanka h/f Adv. Jagdish Nagar present for defendant no.2.
Adv. Pooja Nagarthawar for defendant/BMC present.
Order below Notice of Motion No.845 of 2023
Heard Advocate for defendant no.2. None present on behalf of plaintiff. Perused the NM 845/2023 alongwith affidavit of the defendant no.2. Perused reply of the plaintiff and rejoinder to the reply on NM filed by the defendant no.2. Considering the submission, in order to decide the matter on merit it is necessary to grant permission to the defendant no.2 to contest this suit and for that purpose setting-aside Ex-parte order dated 22.08.2022 is necessary but as present NM is filed on 17.12.2022 in Suit filed in the year 2019 and order of Ex-parte is passed on 22.08.2022 therefore, considering the grounds mentioned in the Notice of Motion though the plaintiff has opposed the present NM, for the reasons stated above, NM 845/2023 deserves to be allowed but subject to imposing cost on the defendant no.2. Hence, following order is passed
ORDER
1.Notice of Motion No.845 of 2023 is allowed subject to cost of Rs.1,000/- to be paid by the defendant no.2 to the plaintiff.
2.On payment of amount of cost till next date by the defendant no.2, order dated 22.08.2022 passed against defendant no.2 is set-aside and thereafter, WS already filed on record by the defendant no.2 be taken on record.
Matter is adjourned to 03.10.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2026

CHAMBER SUMMONS/101966/2023
NOTICE OF MOTION/100845/2023
NOTICE OF MOTION/101964/2021

Registration Number: 102931/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 110923/2019
Filing Date: 07-10-2019
First Hearing Date: 13th January 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE