Shyra Rohinton Mogul - Suit St. No. 10997 of 2019VsZubin Rohinton Mogul

Date: 14-10-2019
Business: Adv. Dalal for plaintiff present.
Adv. Bhadang with Adv. Tanvi Gandhi with Adv. Sanmiksha Gala and Adv. Feroze Patel I/b Adv. Markand Gandhi for defendant present.
Plaintiff and defendant present.
The Ld. counsel for the defendant submits that the defendant wish to meet his father who is at the suit premises .  The Ld. Counsel for the plaintiff, on instructions, submitted that the defendant can meet the father today between 8.00 pm and 9.00 pm and tomorrow between 9.00 am to 10. am.  The defendant undertakes that he would not dispossess the plaintiff and will not hurl abuses to the plaintiff. The defendant admits that the plaintiff is in the possession of the suit premises.
Adjourned for reply to NM to 7.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv. Nankani I/b Adv.  Bhadang for plaintiff present.
Adv. N. Bhadang with Adv. Feroze Patel, Adv. Tanvi Gandhi and Adv. Sanmish Gala for defendant present.
Plaintiff tendered registered NM No. 3817/19.
Limited reply filed by the defendant to NM.  TOR.
The Ld. Advocate for the defendant submitted that the defendant has come all the way from USA and wish to meet the father who is in the suit premises.  He would submit that on last date this court had granted permission to the defendant to meet his father.  The Ld. Counsel for the plaintiff submitted that on same terms and conditions the defendant be permitted to meet father.  The ld. counsel for the defendant submitted that the defendant is leaving India on  Sunday.
             Considering the fact that the defendant is the brother of plaintiff and their father is residing in the sit premises.  Defendant categorically made the statement on last date that the he will not dispossess plaintiff from the suit premises and he stick to the said statement.  There is nothing on the record from the side of plaintiff to suggest that on last date there was untoward incident.  As the defendant has come all the way from USA, it would not be proper to restrict him to meet his father who is staying in the suit premises.  The defendant is permitted to meet his father at the suit premises with direction that he should not involve with any kind of dispute with the plaintiff and should not do any act which is illegal and against the interest of the plaintiff.  The defendant is permitted to meet his father only during the day hours from 10.00 am to 6.00 pm till Saturday and is not permitted to stay in the suit premises.
The Ld. counsel for the plaintiff submitted that he wish to file rejoinder to the reply filed by defendant to NM.
Adjourned for rejoinder / hearing on NM to 4.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
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 FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 14.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None present.
The matter is adjd for N/M hearing to 08.02.2021.
L.O.
Adv. H.S. Khokawala i/b. Nankani and Associates for plaintiff present.
The matter is already adjd for N/M hearing to 08.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv. H.S. Khokawala i/b. Nankani and Associates for plaintiff present.
Adv. Feroze Patel along with Adv. Pratika Vakil i/b. Markand Gandhi and Co. for deft. present.
The matter is adjd for hearing on N/M to 09.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Adv. Khokawala i/b. Nankani and Associates for plaintiff present.
Adv. Vakil h/f. Markand Gandhi and Co. for deft. present.
Ld. counsel for deft. seeks adjournment as his counsel is detected Covid positive.  Granted.
The matter is adjd for N/M hearing to 23.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 02.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Nankani for plaintiff is present.
Adv. Niranjan Bhadang for defendant is present.
Perused the pleadings on record. I have gone through the previous order which was passed at the time of ad-interim hearing. Plaintiff herein is real sister of defendant. Both the Ld. Advocates have submitted that as per the previous order the defendant is visiting suit premises for meeting his father.
Today the NM fixed for is final hearing. Considering overall circumstances, I am of the opinion that the parties to the suit should attend this Court on next date in the afternoon session. Matter be kept for consideration of ADR and NM hearing.
Matter adjd for consideration of ADR and NM hearing on 31.08.2021.
Next Purpose: CONSIDERATION
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Adv. Nankani for plff is present.
Adv. Phiroz Patel for deft is present.
It is submitted by Ld. Adv.of both the sides that the settlement talks are in progress and both the parties are ready to explore possibility of settlement. Both of them consented for referring the matter to lok adalat.
Parties to the suit to attend the lok adalat on 25.09.2021 at 10.00 a.m.
Matter adjd for lok adalat on 25.09.2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Adv. For Plaintiff present
Adv. Pratik Vakil For Defendant present
Matter is not settled before Lokadalat.
Adjd to. 21.10.2021 for parties to present before regular court.
Next Purpose: FOR___________________
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv. I. G Nankani for plff present.
Adv. Vakil for defendant present.
On oral request of adv. of defendant, Matter is adjd to.  29.01.2022for. NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 19/03/2022 for NM for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. I. J. Nankani for plaintiff present.
Adv. Aditya kadam for defendant present.
On oral request of deft adjd.
Matter is adjd to 29/06/2022 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Matter pertains to C.R.No. 1.
Adv. H.S. Khokawala for plff. present.
Adv. Firoz Patel for Defendant  present. He has filed Draft NM.
NM. O- Leave granted to register.
Copy of draft NM supplied to plff.
Matter adjd to 19.10.2022 for Reply on NM
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: P.O.is on leave.
Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Huzefa Khokhawala a/w Adv. Bhakti Jain for plaintiff are present.
Adv. Ankur for defendant is present and tendered original registered NM No. 3090/22 a/w affidavit in support of it. T.O.R.
Matter adjd to 01.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Ms. Bhakti Jain i/b Nankani and Associates for plaintiff is present.
Adv. Mr. Neer Karia i/b Adv. Makrand Gandhi for defendant is present.
On the oral request of Ld. advocate for the plaintiff the matter is adjourned for reply on NM No. 3090/2022.
Matter adjd to 20.06.2023 for NM reply and NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: P. O. is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. H. S. Khokawala for plaintiff present and tendered affidavit in reply to NM 3090/22. T.O.R
Adv. Neela Karia for defendant present.
Matter adjd to 12/10/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Advocate Mr. H.S. Khokhawala i//b Nankani and associates for plaintiff present.
Advocate Mr. Neer Karia i/b Markand Gandhi and Co. for defendant present.
On oral request of both the sides, matter is adjourned.
Matter stands adjourned on 01.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Adv. Bhakti Jain for plaintiff is present.
Adv. Neer Karia  for defendant is present.
By consent of both the parties matter is adjourned.
Matter adjd to 30.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: P. O is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv. Aryaman Ghag for plaintiff is present.
Adv. Neer Karia h/f Markand Gandhi and Co. for defendant is present.
Both seek time for settlement of suit. O- Time granted.
Matter adjd to 04.04.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv. Aryaman Ghag for plaintiff is present.
Adv. Neer Karia i/b Markand Gandhi and Co. for defendant is present.
Both seek time to settle the matter. O- Time granted.
Matter adjd to 08.07.2024 for settlement on the request of both advocates.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: P. O. is on Leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Not on board taken on board by praecipe Exh.3
Adv. H. S. Khokhawala i/b Nankani and Associate for plaintiff is present.
Adv. Firoz Patel i/b Markand Gandhi and Associate for defendant is present.
Vakalatnama already filed in the suit is marked as Exh.2.
On oral request matter is adjourned to 16.08.2024 after the board.
Matter adjd to 16.08.2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Adv. H. S. Khokhawala i/b Nankani and Associates for plaintiff is present.
Adv. Sarmish Gala i/b M/s. Markand Gandhi and Co. for defendant is present.
Plaintiff and defendant both present and tendered consent terms. They are duly identified by respective advocates before the court. Plaintiff and defendant admitted the terms of consent terms were read over to them. The present suit is for decree of injunction. The consent terms are beyond the subject matter of suit. The Ld. Adv. for plaintiff and defendant made statement that consent terms may be taken on record and suit be disposed off in terms of consent terms without passing decree. Statement is recorded. The consent terms are taken on record and marked Exh.4. Suit is disposed off in terms of consent terms Exh.4 with no order as to costs. Bill of costs be prepared. Notice of motion no.3090/2022 and 3817/2019 disposed off in terms of Exh.4.
Nature Of Disposal: OTHER
Disposal Date: 16-08-2024

Filing Number: 111137/2019
Filing Date: 11-10-2019
First Hearing Date: 14th October 2019
Decision Date: 16th August 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE