Date: 02-12-2019
Business: Adv.Jishan Ansari I/b. Shamim and co. for plaintiff present.
He seeks time for service on defendants.
O- Granted.
He also tendered draft NM alongwith affidavit in support. O- Leave to register is granted.
Matter adj for service and NM to 15/01/2020.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Next Purpose: SERVICE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv.Murtuza for Plaintiff is present.
Adv. Jay Vora for defendant no. 1 is present.
By consent matter is adjd. to 09/04/2020.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Lockdown
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None for plaintiff.
Adv. Mr. Jay Vora for the defendant No.1.
Reply to NM No. 4867/2019 filed by advocate for the defendant No.1.
Last chance is granted to the plaintiff to tender registered NM.
Matter is adjd. to 26/04/2021 for tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: due to covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: due to covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv Ansari present for the plaintiff. He tendered register NM No.4869/19 TOR
He also filed affidavit of service.
None present for the defendant.
Matter is adjd. to 12.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv.Ansari for Plff. present and filed rejoinder to reply to N/m 4867/19. Copy is served upon Deft. No. 1.
Adv. Jay Bhora for Deft. No. 1 present.
None present for MHADA.
Matter is adjd. to 15-06-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Ansari for plaintiff present and seeks time for N/m hearing.O- Time granted.
Adv. Jay Vora for defendant no. 1 present.
Matter is adjd. to 03-08-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Shamin for plaintiff present.
Adv. Jay Vora for defendant no. 1 present.
The service is effected to Deft.no. 2 and 3 in 01.01.2020 but they failed to file WS. Hence suit proceed without WS against Deft.no. 2 and 3
Matter is adjd. to 21.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is busy in hearing argument in NM No. 3158/21 in Suit No. 2303/21 and NM No. 2661/21 in Suit No. 1513/22. Hence, board is discharged.
Matter is adjd. to 23.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Shamin for plaintiff present.
Adv. Jay Vora for defendant no. 1 present.
Matter is adjd. to 04.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Shamin for plaintiff present.
Adv. Jai Vora for defendant no. 1 present and seeking time for NM hearing. Time granted.
Matter is adjourned to 01.03.2023 for Notice of Motion Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: As Court is busy in dictating Judgments in Suit No.646/2017, 2874/2015 and hearing argument in Notice of Motion No. 3592/22 in Suit No. 3020/2008. Hence, board is discharged.
Matter is adjourned to 19.04.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv.Ansari for plaintiff is present.
Adv.Jay Vora for defendant no.1 is present.
Matter is adjourned to 12.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Mr. Ansari for the plaintiff is present.
Adv. Mr. Jay Vohra for defendant No. 1 is present.
It is submitted by ld. advocate for the plaintiff that plaintiff No. 1 is expired and he wants to move Ch/s for bringing on record his legal-heirs and prayed adjournment. Hence, matter is adjourned.
Matter is adjourned to 02.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Adv. Mr. Ansari for the plaintiff is present.
Adv. Mr. Jay Vohra for defendant is present.
Adv. for the plaintiff tendered draft Ch/s along-with affidavit in support. O- Leave is granted to register the same till the next date. Copy is supplied to the other side.
KB LO at 05:07 pm.
Adv. for the plaintiff filed original registered Ch/s No. 1347/2023 along-with affidavit in support. TOR.
Adv. for the defendant endorsed say on Ch/s overleaf. Heard.
The following order is passed on Ch/s. No. 1347/2023:
Present chamber summons has been taken out on behalf of the plaintiff for amendment. It is contention of the plaintiff that plaintiff No. 1 is died on 06.05.2023. Copy of Death Certificate is produced on record. Plaintiff prayed for bringing on record legal-heirs of deceased plaintiff and for carrying consequential amendment.
Defendant No. 1 filed say overleaf and submitted that chamber summons be allowed and defendant No. 1 request to file additional written statement. Since chamber summons is filed within limitation it needs to be allowed. In the result, I proceed to pass following Order:
ORDER
1. Chamber Summons No. 1347 of 2023 is made absolute.
2. Plaintiff is permitted to amend the plaint as prayed.
3. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
4. Chamber Summons No. 1347 of 2023 stands disposed off.
Matter is adjourned to 17.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Plaintiff No. 3 is present.
Adv. Mr. Ansari for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant No.2/MHADA is present.
Adv. for the plaintiff submitted that he has carried out amendment and is ready to serve copy to the defendants. Today he submitted copy of amended plaint on record.
Matter is adjourned to 18.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: The Court is busy in hearing on NM No. 3158/2021 in SU No 2303/2021. Hence, board is discharged.
Matter is adjourned to 06.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Adv. Mr.Murtuza Slatewala for the plaintiff is present.
Adv. Mr. Jay Ora for defendant No. 1 is present.
With consent both the parties matter is adjourned.
Matter is adjourned to 14.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Adv. Mr.Ansari for the plaintiff is present.
Adv. Ms.J.A.Sarkhot i/b Adv. Sugandha Meher for defendant no.1 is present.
Adv. for defendant no.1 filed VN marked at Exh-6.
Adv. for plaintiff prayed for adjournment.
With consent of both the parties matter is adjourned to 13.03.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. Mr.Shamin for the plaintiff is present.
Adv. Ms.J.A.Sarkhot i/b Adv. Sugandha Meher for defendant no.1 is present.
Adv. for plaintiff filed additional affidavit of plaintiff in NM 4867/19. Copy supplied to other sides
Matter is adjourned to 24.04.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Adv. Mr.Ansari for the plaintiff is present.
Adv. Ms.J.A.Sarkot for defendant No.1 is present.
Adv. for defendant no.1 filed affidavit in reply to the additional affidavit filed by plaintiff. Copy served to the adv. for plaintiff.
Matter is adjourned to 19.06.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Adv. Mr.Ali Khan i/b Shamin and Co. for the plaintiff is present.
Adv. Ms.J.S.Sarkot for defendant No.1 is present.
Matter is adjourned to 18.09.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: As per Office Order No. 273/2024, Court is declared holiday on account of Polling Day. Hence, Matter is adjourned to 24/12/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: None present for plaintiff.
Adv. J. A. Sanchet a/w Adv. S. P. Meher present for defendant no. 1.
As plaintiff and his advocate are absent, Matter is adjourned to 14/02/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: Adv. S. Shamin present for plaintiff.
Adv. J. S. Sarkhot a/w Adv. S. P. Meher present for defendant no. 1.
None present for other defendants.
Heard argument by ld adv. for plaintiff and defendant no. 1 on NM no. 4867/2019.
The matter is referred for mediation as both the advocates submitted that there may be settlement between the parties.
Matter is adjourned to 02/04/2025 for Mediation report/NM order.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv. A. A. Khan i/b Adv. S. Shmamin and co. present for plaintiff.
Adv. Sugandha Meher present for defendant no. 1.
Matter is adjourned to 25/06/25 for appearance of other defendants.
Next Purpose: FOR APPERANCE
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: Adv.Murtuza Slatewala for Plaintiff present.
Adv. for plaintiff, defendant and all the plaintiffs and defendant no. 1 present before the court and they affirmed the contents of consent terms. It is submitted that, matter was referred for mediation and the mediation report alongwith consent terms is filed before the court. in para 3 of the consent terms in third line after the word bearing, they wants to add the word, ‘Room’ and further in para no. 4 line no. 4 after the word floor wants to add word ‘Shivraj Bhavan’ which was left by mistake. accordingly they corrected it before the court. the consent terms is taken on record. All the parties submitted that, one Dhaku viz. Manjula is not made a party and plaintiffs agreed to undertake to keep indemnified the defendant no. 1 and his heirs from any claim, considering the nature of suit, it is adjourned for order.
Matter is adjourned to 30.06.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: Adv. Sharif Lakdawala present for plaintiff.
Adv. Sana Khan present for defendants.
F.R.S.R. following order is passed below Exh. 1.
ORDER
1) The suit is decreed in view of the consent terms at Exh. 7.
2) Decree be drawn up as per the consent terms.
3) Consent terms Exh. 7 be formed part and parcel of the decree.
4) Court fees can be refundable as per rules.
5) In view of disposal of suit, the NM no. 4867/2019 is also disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 30-06-2025