Shri. Sayyed Abdul Said Haji Abdul RahimVsM.S. Excellent Realtors Developers +4 more

Date: 11-02-2020
Business: Plff in person present.
He filed application for recovery of rent from deft @ rate of 58,000/- p.m.
O- Issue writ of summons.
Matter stands Adj for compliance and hearing to 27/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv B. N. Pandhare (SA) for plff present.
Exh 02 - He filed VP. t.o.r.
Adv Sana Shaikh for deft no. 1 and 2 present.
Exh 03 - She filed VP for deft no. 1 and 2. t.o.r.
Adv Firoz Behlim for deft no. 4 present and undertakes to file VP on next date.
Belli Detarwala, Secretary, representative of deft no. 5 present.
Matter pertains to senior citizen.  It be transferred to C. R. No. 07.
Matter stands Adj for compliance to 19/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Plff in person present.
Adv Firoz Behlim for deft no. 4 present.
As matter is pertains to senior Citizen.
Registrar Civil to comply and take necessary steps to transfer in Senior Citizen Court.
Matter stands Adj for compliance to 13/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Plaintiff in person present.
Bailiff report received. (Exh-4)  It appears that, defendant no.5 to 13 were not served on the given address.  Hence, plaintiff to provide correct address and thereafter, notices be issued to the def.no.5 to 13.
Plaintiff filed separate application for summons.(Exh-5) Order- Plaintiff allowed to serve by RPAD or Even by Bailiff.
Matter is adj to 12/10/2020 for service report.
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Plaintiff in person present.
He has filed application for substituted service.  I have perused the application as well the attested photo copy of postal received by way of service upon the defendants.  On last occasion the defendant submitted bailiff report  which shows that, service could not be effected due to absence of defendant on the given address. Today plaintiff in person insisting for permission to make paper publication.  But, in my view, the plaintiff has not submitted the proof that, defendants are trying to avoid the service nor the plaintiff furnish return envelopes in the court.  Plaintiff even today did not furnish original writ of summons to this court.  Hence, application can not be consider at this stage.  Hence, application  rejected.
Matter is adj to 16/10/2020 for service.
Later on 1.14pm
Submit fresh writ of summons along with sheriff report . T.O.R
Next Purpose: SERVICE
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Plaintiff in person present.
Defendant no. 1,2, 4 and 5 although served and present on 27.02.2020, but, till date did not file Written statement.  Hence, suit to proceed ex-party against them.
Matter is adj to 23/10/2020 for service report.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: Matter called out(11.41am)
Plaintiff in person present.
Adv.Sana Shaikh for defendant no.1  and 2 present.
Plaintiff in person filed application for serving members of Aashirwad Housing Society by way of substituted service. (Exh-6)
Plaintiff also filed service affidavit along with original copy of return envelope.(Exh-7) Order-  Perused application and return envelopes. It appears that, the addresses are avoiding the service even though plaintiff tried to serve them.  Hence, plaintiff is allowed to serve the members of Aashirwad Housing Society  by way of substituted services.
Plaintiff to make paper publication in two local news papers.
Parties to act on authenticated copy.
Matter is adj for compliance on 01/12/2020
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Matter called out(11.31am)
Plaintiff in person present.
Adv.Sana Shaikh a/w Tashad Kakalia for defendant no.1 and 2 present.
Adv.Ashok Varma for defendant no.9 present.
kept back.
Second time matter called out(11.47am)
Plaintiff in person present.
Adv.Sana Shaikh a/w Tashad Kakalia for defendant no.1 and 2 present.
Adv.Ashok Varma for defendant no.9 present.
Adv.Kamalakar L.Koli for defendant no.9 present.(for legal heirs as the def.no.9 expired)
It appears that, plaintiff who is appearing in person have served to the proposed committee members of Aashirwad Co-operative Housing Society.  However, there is no amendment in the title clause of the plaint.   Hence, plaintiff is allowed to carryout necessary amendment in title clause.
Adv.Kamalakar Koli appearing for defendant no.9.  He has inform that, defendant no.9 is expired.  Hence, plaintiff to take necessary steps.
Adv.  Kakalia for defendant no.1 and 2 tendered draft draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft N/M handed over the def.no.1 and 2 advocate for registration. He undertake to serve copy of draft N/M to the plaintiff.
Matter is adj to 13/01/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
Plaintiff in person present.
He pointed out that on 01-12-2020 he filed affidavit of service on defendant no. 5 to 13 along with copy News papers in which substitute notice was publish and photos of pasting the notice on those defendants address.
The affidavit is available on record along with the documents as above. Is is collectively marked as Exh. 08
He tender bunch of document in 2 parts along with list of documents. List of Documents marked as Exh. 09.
Adv. Kamlakar Koli for defendant no. 9(2) filed V/N. t.o.r.
Adv. Sachi Neygandhi h/f adv. Sana Shaikh for defendant no. 1 and 2.
She tender registered Notice of Motion bearing no. 1896/2020 along with affidavit.
She undertakes that she would provide the copy of notice of motion to plaintiff on next date.
Matter is adj for hearing on N/M on 08-04-2021
L.O. at 2.30 pm
Adv. Huda Diamandwala I/b Damand and co.  for defendant no. 3 and 5 present. She filed V/n for defendant no. 3 and 5.t.o.r. Is marked as Exh. 10
She filed to tender NM and requested to grand permission to register it. O. leave grant to register.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv Firoz Behlim for defendant no.4 present. He filed application for production of death certificate of defendant no.04. Allowed.
Plaintiff in person present. He filed application to pass no Wr/St order against the defendant no.08. Application t.o.r. marked as Exh-18.
Defendant to file say on Exh-18.
Plaintiff filed draft N.M. along with affidavit in support. Leave is granted to register.
Matter adjd for say and hearing on Exh-18 and reply in N.M. on 21/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: None present for plaintiff.
Advocate Sana Shaikh for defendant nos. 1 and 2 present.
Advocate Firoz Behlin for defendant no. 4 present.
Advocate Manohar Shetty for defendant no. 12A to 12D present.
Adjourned for NM hearing to 27.07.2021.
L.O. at 01.08 p.m.
Plaintiff present and filed list of documents. T.O.R. and marked as Exh. 19.
Adjourned for NM hearing to 27.07.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: N.O.B.T.O.B.
Plaintiff in person present. He file draft NM alongwith affidavit. Leave  is granted to register draft NM.
None present for defendant.
Matter already Adjourned for NM hearing on 27.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Plaintiff in person present and filed list of documents at Exh. 08.
Advocate Tushad Kakalia for defendant no. 1 and 2 is present and requested short adjournment for filing NM for accepting W.S. Request is allowed.
Exh.09- List of service affidavit filed by plaintiff.
Adjourned for filing NM /NM hearing to 06.08.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Plaintiff in person present and filed affidavit at Exh. 20 and list of documents at Exh.21. Its copy served on the advocate for defendant nos. 1,2 and 4.
Advocate Sana Shaikh for defendant nos. 1 and 2 is present and filed draft NM for condonation of delay alongwith written statement. Leave is granted to register NM.
Advocate Firoz Behalim for defendant no. 4 is present and requested short adjournment for appearing on behalf of the legal hairs of defendant no. 4. Request is allowed.
Plaintiff filed application at Exh. 22 for appointing advocate.
O-Seen.
Adjourned for NM reply to 15.09.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Plaintiff in person present and filed reply on NM taken out by defendant nos. 1 and 2. (NM No.2054/21)
Advocate Sana Shaikh for defendant nos. 1 and 2 is present and filed registered NM No. 2054/21.
Advocate Firoz Behalim for legal heirs of defendant no. 4 is present and filed V/P on behalf of legal heirs of defendant no. 4. It is marked as Exh.23.
Advocate Nooran Patel for defendant no. 5 is present and filed registered NM No. 163/21.
Adjourned for reply on NM No. 163/21 to 14.10.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Matter pertains to Court No.63.
By preceipe.
Advocate Arvind Taral for defendant no.3 present and filed Vakalatnama marked as Exh-23.
Advocate for defendant no.3 tendered draft Notice of Motion. Leave is granted to registered draft Notice of Motion.
Matter already adjourned to 14.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Plaintiff in person present.
Advocate Sachi Ved h/f Advocate Sana Shaikh for defendant nos. 1 and 2 is present.
Advocate Firoj Behalim for defendant no.4A is present and filed registered NM No.2377/21. Its copy served on plaintiff.
Adjourned for reply on NM No.2377/21 to 09.11.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Plaintiff in person present.
Advocate Sachi for defendant no.1 and 2 is present.
Advocate Arvind Taral for defendant no.3 is present.
Plaintiff tendered reply to NM No.2377/2021 and service affidavit of Ch/s No.1537/2021 - t.o.r. Copy served to other side.
Adjourned for NM hearing to 01.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Plaintiff in person present.
Advocate Ms. Sachi Ved for defendant no.1 and 2 is present and requested short adjournment for filing reply on C/S No.1537/21. Request is allowed.
Advocate Mr. Taral a/w Advocate Mr. Firoj for defendant no.3A is present and requested short adjournment for filing reply on C/S No.1537/21. Request is allowed.
Adjourned for C/S reply to 20.12.2021.
L.O. at 12.55 p.m.
Plaintiff in person present and filed written notes of arguments in Chamber Summons and all Notice of Motion.
Adjourned for C/S reply to 20.12.2021.
                                                                                        Judge
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Plaintiff is present and filed letter issued by District Legal Service Authority, Mumbai for appointment of advocate Mr. Tipase. It is marked as Exh.24.
Advocate Mr. Tipase for plaintiff is present.
Advocate Sachi Ved for defendant nos. 1 and 2 is present and filed reply on C/S No.1537/21 itself.
Advocate Firoj Behalim h/f Adv. Taral for defendant nos. 3 (a) is present and requested short adjournment for filing reply on C/S. Request is allowed subject to last chance.
Advocate Dhiren Patel for defendant nos.3 and 5 is present and he submitted that he not received copy of C/S.
It is directed to the plaintiff to furnish copy of C/S to the defendant nos. 3 and 5.
Adjourned for C/S reply and hearing to 14.01.2022.
                                                                                        Judge
Next Purpose: C/S REPLY
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: N.O.B. T.O.B.
Plaintiff is present and filed draft NM. Leave is granted to register NM.
K.B.
L.O. at 1.30 p.m.
Plaintiff is present and filed registered NM No.152/22. T.O.R.
Matter already adjourned to 14.01.2022.
                                                                                        Judge
Next Purpose: C/S REPLY
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Plaintiff in person is present.
Advocate Ashutosh Thipase for plaintiff is present.
Advocate Sachi Ved for defendant nos.1 and 2 is present.
Advocate Ashutosh Thipase for plaintiff filed letter at Exh.25.
Plaintiff filed service affidavit of NM No.152/22.
Advocate for defendant nos.1 and 2 submitted that copy of NM No.152/22 received yesterday. Due to Covid pandemic she not in position to meet her client. Therefore, she requires two months time for filing reply on NM No.152/22. Request is granted.
Adjourned for NM reply to 17.03.2022.
L.O. at 2.52 p.m.
Advocate Noorain Patel for defendant nos.3 and 5 is present.
Adjourned for NM reply to 17.03.2022.
                                                                                        Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: N.O.B. T.O.B.
By precipe
Plaintiff in person present and filed precipe as well as application at  Exh.26.
Order- Exh. 26 is allowed. The application filed below Exh.14 on behalf of the plaintiff is treated as NM and its affidavit filed below Exh.15. Leave is granted to register NM.
Matter already adjourned to 17.03.2022.
L.O. at 3.35 p.m.
Plaintiff in person present and filed registered NM No.355/22.
Matter already adjourned to 17.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Plaintiff is present and filed service affidavit. T.O.R.
Advocate Sachi Ved for defendant no.1 and 2 is present.
Advocate Arvind Taral for defendant no.3 is present.
Heard arguments of plaintiff and advocate for defendant no.3 on NM No.2377/21.
K.B.
L.O. at 3.30 p.m.
Advocate H. Diamondwala for defendant no.5 is present.
Adjourned for order on NM No.2377/21 and hearing on Chamber summons and Notice of Motions to 06.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: By preacipe and Application marked as Exh-27.
Plaintiff in person present
It is directed to the plaintiff to informed next date to the defendants and their advocates.
Adjourned to 17.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adjourned for NM for hearing to 04/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: COURT IS VACANT.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Plaintiff in person present and filed application for hearing in NM and fixing the matter for evidence with direction to produce documents to the defendant t.o.r. marked as Exh. 28
None for defendants
Matter is adjd.to 02-12-2022 for other side to say on
Exh 28 and NM Hrg..
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Plaintiff in person present and submitted that he was present on 02-12-2022 and 11-01-2023 and requested to mark his presence.
Adv. Arvind Taral for defendant no. 3 present.
None for other defendants
Considering submission of plaintiff in person, his presence is also marked for two dates of hearing i.e. 02-12-2022 and 11-01-2023.
Matter is adjd.to 26-04-2023 for other side to say on
Exh 28 and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Plaintiff in person is present and filed application. TOR – Seen and filed.
Advocate Tushar Kakalia for defendant no. 1 and 2 is present.
Advocate Noorain Patel for defendant no. 3 and 5 is present.
Advocate Arvind Taral for defendant no.4 is present.
None for other defendants.
There are 10 Notice of Motions are pending. Hence, Plaintiff is hereby directed to argue on Motion of year 2020.
Adjd. for hearing on NM NO. 1896/2020 to 05/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. R. N. Tambat present for plaintiff and filed Vakalatnama t.o.r. Marked as Exh-29.
Adv. Arvind Taran present for defendant no.03.
Adv. for other defendants are absent.
It appears from record that 09 Notice of Motion and 01 Chamber Summons are pending for hearing. With the assistance of both the advocates this court has segregated pending Notice of Motion and Chamber Summons and find that 03 Notice of Motion for condoning delay and filing Written Statement taken by defendants are pending, which will be taken for hearing on next date and thereafter 06 Notice of Motion taken by plaintiff for various reasons will be taken for hearing.
Matter is adjd. for NM hearing to 09.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Plaintiff in person present and filed service affidavit of NM no.2858/2023. t.o.r. Copies are given to adv. for defendant no.03 and adv. for defendant nos.04 to 06.
Adv. Arvind Taran present for defendant no.03.
Adv. Rupesh Yadav I/b Adv. Nuren Patel present for defendant nos.04 to 06.
None present for defendant nos.01 and 02.
Adv. for defendant no.03 not pressed NM no.2377/2021. It appears from said Notice of Motion that it is filed by son of defendant no.03 and not by defendant no.03. Son has no right to file Notice of Motion to condone the delay caused for fling Written Statement by defendant no.03. Therefore, advocate not pressed Notice of Motion. Accordingly, NM no.2377/2021 is disposed off.
Adv. for defendant no.01 and 02 are absent to argue on NM no.1896/2020 and NM no.2054/2021. Hence, both the Notice of Motion are kept for dismissal order.
NM filed by plaintiff are kept for hearing on next date. Adv. for defendants are directed to file reply on NM to 2858/2023.
Matter is adjd. for NM hearing to 14.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Plaintiff in person present.
Adv. Sagar Korgaonkar i/b Adv. Tushar Kakariya present for defendant no.01.
Adv. Rupesh Yadav h/f Diamondwala and Co. present for defendant nos.03 and 05.
Adv. for  defendant no.01 filed adjournment application. t.o.r. Marked as Exh-31.
Plaintiff opposed the adjournment application.
Plaintiff in person filed Written Argument in support of NM no.1553/2021 and NM no.1082/2021. t.o.r. Copies are served on advocate for defendants. Plaintiff also filed service affidavit in respect of serving Written Argument of both the Notice of Motion on defendant nos.01, 02, 03a 04 and 09  and their advocates. t.o.r.
Application for adjournment by defendant no.01 is granted as a last chance.
Adv. for defendant nos.03 to 05 submitted that his senior is busy in other court. Hence, matter is kept back.
KB
LO at 04:37 p.m.
Adv. Noorain Patel for defendant nos.03 and 05.
Heard argument for defendant nos.03 and 05 and the plaintiff on NM no.163/2021.
Matter is adjourned for order on NM no.163/2021 and hearing on other Notice of Motion.
Matter is adjd. for NM order to 09.10.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Plaintiff in person prsent.
Adv. Tushad Takalia i/b Adv. Sana shaikh present for defendant nos.01 and 02.
Adv. Duren Patel present for defendant nos.03 and 05.
F. R.S.R. following order is passed on:
Order:
Notice of Motion No. 163 of 2021 is dismissed and accordingly, disposed off.
Plaintiff filed written argument in support of CS no.1537/2021. t.o.r.
Heard adv. for defendant no.01 and plaintiff on NM no.1896/2020. Keep for order on next date.
Adv. for defendant no.01 is permitted to take inspection of the record.
Matter is adjd. for NM order to 26.10.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Plaintiff in person present.
Adv. Tushar Kakaria present for defendant nos.01 and 02.
Adv. Dhuren Patel present for defendant nos.03 and 05.
Adv. for defendant nos.01 and 02 submitted that he is not processing prayer clause (a) and (b) in Notice of Motion no.1896/2020 and he has placed on record written statement.
Matter is adjourned for order on Notice of Motion no.1896/2020.
Plaintiff in person filed service affidavit of written argument in Chamber Summons no.1537/2021. t.o.r.
Matter is adjd. for NM order to 28.11.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Plaintiff in person present and filed
Adv. Rupesh Yadav h/f Diamondwala and Co. present for defendant nos.03 and 05.
F. R.S.R. following order is passed on:
Order:
1. Notice of Motion No.1896 of 2020 is partly allowed in terms of prayer clause (c) and (d) subject to costs of Rs. 1500/- to be paid to plaintiff within two weeks from today.
2. After deposit of costs in court or payment of costs to plaintiff, written statement of defendant Nos. 1 and 2 be taken on record.
3. Notice of Motion No.1896 of 2020 is disposed off, accordingly.
KB
Plaintiff in person submitted that he has filed written argument in Notice of Motion no.1553/2021, Notice of Motion no.1537/2021 and Notice of Motion no.1082/2021. Defendants have not filed reply to these Notice of Motions. Hence, matter is adjourned for order on these Notice of Motions. Plaintiff has filed one affidavit on record. Copy is served on advocate for defendant nos.03 and 05.
Matter is adjd. for NM order to 15.12.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Tushar Kakalia present for defendant nos.01 and 02 and sought time to file reply to Notice of Motion no.1553/2021, Notice of Motion no.1082/2021 and Notice of Motion no.1537/2021.
Plaintiff in person was present in the first session, but he is absent when the matter is called out in the second session.
Today the matter is fixed for orders on aforesaid Notice of Motion. However, due to paucity of time and dictating judgment in Suit no.3622/2008 kept tomorrow, orders on aforesaid Notice of Motion are not yet dictated. Hence, matter is adjourned with liberty to defendant os.01 and 02 to file reply with application for cancellation of no reply order so as to give liberty to contest Notice of Motion which can be deicide on merit. Considering the urgency express by plaintiff on last many days, matter is adjourned for two week only. At this stage, plaintiff appeared in the court and filed application. Taken on record. Marked as Exh-32. Copy is given to defendant nos.01 and 02.
Adv. for defendant tried to tender demand draft of the cost which plaintiff refused to accept.
Matter is adjd. for NM orders to 05.01.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Plaintiff in person present and filed precipe for taking the matter on board.- Allowed.
He filed application with supporting affidavit for interim injunction and other relief. t.o.r. - it be registered as Notice of Motion.
Plaintiff in person received above application for registration as Notice of Motion.
None for defendant present.
Matter already adjourned on 05.01.2024 for NM order and for filing registered NM by the plaintiff.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Plaintiff in person present.
Adv. Tushad Kakdia for defendants No.1 and 2 present and filed affidavit in reply in Notice of Motion No.1553/2021 t.o.r.-seen.
He also filed affidavit in reply in Notice of Motion No.1082/2021 t.o.r.-seen.
He also filed affidavit in reply in Chamber Summons No.1537/2021 t.o.r.-seen.
He also filed draft Notice of Motion alongwith affidavit in support
for recalling ordered dated 28.11.2023. t.o.r. Leave is granted to
register Notice of Motion.
None present for defendants No.3 to 13.
As the plaintiff refused to accept cost of Rs.1,500/- as per ordered in NM No.1896/2020, defendants No.1 and 2 are directed to deposite cost of Rs.1,500/- in the account section of the Court in compliance of order in NM No.1896/2020.
Matter stands adjourned on 30.01.2024 for filing registered NM by the plaintiff and affidavit of service regarding NM and for rejoinder in NM No.1553/2021, NM No.1082/2021 and CS No.1537/2021 by the plaintiff and also for filing registered NM by defendants No.1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Not on Board. Taken on Board.
By precipe.
Plaintiff in person present and filed precipe for taking the matter on board t.o.r. and marked as Exhibit-33. -Allowed.
He filed draft Notice of Motion alongwith affidavit in support t.o.r. Leave is granted to register Notice of Motion.
He filed affidavit in reply in Notice of Motion No.25/2024 t.o.r.-seen.
He also filed affidavit of service regarding NM No.25/2024 -seen.
None for defendants No.1 to 5 present.
Later on at 5.20 pm.
Plaintiff in person present and filed registered Notice of Motion No.409/2024 a/w affidavit in support t.o.r.
He also filed affidavit of service regarding NM No.409/2024 -seen.
Matter already adjourned on 30.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Plaintiff in person present.
Adv. Asha Mishra for defendants No.1 and 2 present and filed pursis regarding compliance of order in Notice of Motion No.1896/2020 t.o.r. and marked as Exhibit-34 -seen.
In view of order in NM No.1896/2020, written statement of defendant No.1 and 2 is marked as Exhibit-35 -seen.
Adv. Uren Patel for defendants No.3 and 5 present.
Matter stands adjourned on 22.03.2024 for affidavit of service regarding NM and rejoinder in NM No.1553/2021, NM No.1082/2021 and CS No.1537/2021 by the plaintiff and also for filing registered NM by the plaintiff and also for reply in NM No.25/2024 by the defendants.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Plaintiff in person present and filed draft Notice of Motion alongwith affidavit in support t.o.r. Leave is granted to register Notice of Motion.
None for defendant present.
Later on at 12.45 pm.
Plaintiff in person present and filed registered Notice of Motion No.1244/2024 t.o.r.
Later on at 02.45 pm.
Advocate Asha Mishra for defendants No.1 and 2 present.
Advocate Noorain Patel for defendants No.3 and 5 present and received copy of Notice of Motion No.1244/2024 filed by the plaintiff today.
Matter stands adjourned on 20.06.2024 for affidavit of service
regarding Notice of Motion and rejoinder in Notice of Motion
No.1553/2021, Notice of Motion No.1082/2021 and Chamber
Summons No.1537/2021 by the plaintiff and also for filing
registered Notice of Motion by the plaintiff and also for reply in
Notice of Motion No.25/2024 and Notice of Motion No.1244/2024
by the defendants.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: None for plaintiff present.
Advocate Vishal Makwana for defendants No.3 and 5 present.
None for other defendants.
Matter stands adjourned on 26.09.2024 for affidavit of service regarding Notice of Motion and rejoinder in Notice of Motion No.1553/2021, Notice of Motion No.1082/2021 and Chamber Summons No.1537/2021 by the plaintiff and also for filing registered Notice of Motion by the plaintiff and also for reply in Notice of Motion No.25/2024 and Notice of Motion No.1244/2024 by the defendants.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: None present for plaintiff.
Adv. Safina Badami for defendant No.1 present.
Adv. Patel for defendant No. 3 and 5 present.
One paradaneshi lady appeared and submitted that plaintiff has died. She submitted time be given for taking steps. Such submissions can not be entertained in view of the question of identity. Hence, such appearance and submissions of that paradaneshi lady can not be recorded.
Record reveals that ten notice of motions are pending. Ld.Adv. for defendants submits that all the motions are taken out by plaintiff. No steps are taken for the proceeding with motions. It appears that plaintiff is not interested to proceeding with notice of motions. Hence, notice of motions taken out by plaintiff are posted for dismissal order.
Matter adjourned for dismissal order.
Matter stands adjourned on 11.11.2024 for dismissal order.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: None for plaintiff present.
Adv. Talif Bharapurwala for defendant No.1 present.
None for other defendant present.
Keep Back.
Later on.
1.Notice of Motion No.1082/2021
2.Notice of Motion No.1553/2021
3.Notice of Motion No. 2436/2021
4.Notice of Motion No.152/2022
5.Notice of Motion No.355/2022
6.Notice of Motion No.2858/2023
7.Notice of Motion No.25/2024
8.Notice of Motion No.409/2024
9.Notice of Motion No.1244/2024
The above 9 Notice of Motions at serial No. 1 to 9 are fixed for dismissal order. The plaintiff has not taken any steps for proceeding with these Notice of Motions since long. It appears that plaintiff is not interested in proceeding with Notice of Motions. Hence, Notice of Motion No.1082/2021
Notice of Motion No.1553/2021, Notice of Motion No. 2436/2021, Notice of Motion No.152/2022, Notice of Motion No.355/2022, Notice of Motion No.2858/2023, Notice of Motion No.25/2024, Notice of Motion No.409/2024 and Notice of Motion No.1244/2024 are dismissed in default and for want of prosecution. Proceedings in aforesaid Notice of Motions are closed. Parties to take note.
Notice of Motion No.2054/2021 is fixed for dismissal order. Defendant No.1 has not taken any steps for proceeding with Notice of Motion since long. It appears that defendant No.1 is not interested in proceeding with Notice of Motions. Hence, Notice of Motion No. 2054/2021 is dismissed in default and for want of prosecution. Proceedings in aforesaid Notice of Motion No.2054/2021 is closed. Parties to take note.
Similarily, no steps are taken by the plaintiff for proceeding with the Chamber Summons. Hence, Chamber Summons is posted for dismissal order.
Matter adjourned for dismissal of Chamber Summons.
Matter stands adjourned on 09/01/2025 for dismissal of Chamber Summons.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: None for plaintiff present.
Adv. Tajjanum Khan for applicant present and filed vakalatnama. Seen. Taken on record and marked as Exhibit-36.
He also filed draft Chamber Summons along with affidavit. Leave granted to register it.
Adv. Talib Bharapurwala for defendant No.1 present.
Adv. Shrushti for defendant No.3 and 5 present.
None for other defendant present.
Matter stands adjourned on 27/02/2025 for service, reply, and filing registered Chamber Summons.
Next Purpose: SERVICE
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: None for plaintiff present.
Adv. Khan for applicant in Chamber Summons No.364/2025 and submitted registered Chamber Summons No.364/2025 along with affidavit. Taken on record.
Adv. Patel for defendant No.3 and 5 present and seeks time for filing reply. Time granted.
None for other defendant present.
Matter stands adjourned on 19/04/2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: Adv. Tausif h/f Adv. Tajmual for plaintiff present.
Adv. Talib Bharapurwala for defendant No.1 and 2 present.
Adv. Patel ne for defendant No.3 to 5 present and seeks time for filing reply. Time granted.
Matter stands adjourned on 28/04/2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: Adv. Fauzan Khan for plaintiff present.
None for defendant present.
Time is granted as a last chance to file reply to Chamber Summons. Parties to take note.
Matter stands adjourned on 01/07/2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: P. O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: None for plaintiff present.
Adv. Renuka Swami i/b Dimandwala and Co. for defendant No.3 and 5 present.
None for other defendant present.
Matter stands adjourned on 12/11/2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: P. O. is on half day leave (Second Session).
Next Purpose: REPLY
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 29.01.2026 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: None for plaintiff present.
Adv.  Saud Sardar for defendant No.3 and 5 present.
Adv. Jyoti Barai for applicant present.
None for other defendant present.
Matter stands adjourned on 05/03/2026 for Chamber Summons put up for no reply order against plaintiff and defendant.
Next Purpose: ORDER
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: None for plaintiff present.
None for defendant present.
Keep Back.
Later on.
None for plaintiff present.
None for defendant present.
Adv. Ganesh for proposed plaintiff in Chamber Summons No.364/2025 present and filed vakalatnama. O-filed.  Taken on record and marked as Exhibit-37.
Matter stands adjourned on 24/06/2026 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: None for plaintiff present.
Adv. Safina Badami for defendant no 1 present.
Adv. Yasar Khan for defendant society is  present.
Plaintiff is expired. Applicant has taken out Chamber Summons to substitute their name in the place of deceased plaintiff and continue with the suit. Adv. for applicant sought time to file vakalatnama on behalf of rest of the applicant.
Adv. for defendant no 1 has given oral no objection for allowing the Chamber Summons . Her statement is recorded
Matter stands adjourned on 16-07-2026 for filing reply by defendant Society and filing VP.
Next Purpose: REPLY
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: Adv. Jyoti Barai for proposed plaintiff present and filed vakalatnama a/w POI. Taken on record and marked as Exhibit- 38 O- Filed.
Adv. Safina Badami for defendant no. 1 present.
Adv. Yasar Khan  for defendant no. 3 present.
heard both sides on Chamber Summons no.
F.R.S.R. following order is passed in Chamber Summons No.364/25.
ORDER
1. The present Chamber Summons No.364 of 2025 is made absolute in terms of prayer clause (a) to (c).
2. Delay in filing of Chamber Summons is condoned.
3. Applicants are permitted to amend the plaint, deleting the name of original plaintiff and incorporate their names as legal heirs and representatives and carry out amendment as per schedule within 14 days from the date of this order
4. Applicants shall supply copy of amended plaint to the other side and also for the Court.
5. The present Chamber Summons No.364 of 2025 is disposed of accordingly.
Chamber summons no 1537/26 is pending since long. It was taken out by original plaintiff. Even applicant/ his heirs are not interested to pursue the same. Hence, Chamber Summons no 1537/26 is dismissed in default.
Matter stands adjourned on 29-07-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Adv. Ganesh Singh for plaintiff present
None for defendant present.
Plaintiff has already complied the order passed  in Chamber Summons.
Matter stands adjourned on 25-08-2026 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2026

Date: 25-08-2026
Business: Adv. Jyoti R Barai i/b Adv. Ganesh Singh for plaintiff present.
Adv.  Safina Badami for defendant no 1 present.
Adv. Yasar Khan i/b Diamondwala and Co. for defendant present.
Adv. for plaintiff sought time to serve copy of amended plaint to defendant no. 3. and also to file it in the court. Considering her request, short adjournment granted.
Matter stands adjourned on 29-09-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2026

NOTICE OF MOTION/101082/2021
NOTICE OF MOTION/102377/2021
NOTICE OF MOTION/100025/2024
CHAMBER SUMMONS/100364/2025
NOTICE OF MOTION/102054/2021
NOTICE OF MOTION/101896/2020
NOTICE OF MOTION/101553/2021
NOTICE OF MOTION/100152/2022
TRANSFER APPL/100056/2022
NOTICE OF MOTION/100409/2024
NOTICE OF MOTION/101244/2024
NOTICE OF MOTION/102858/2023
NOTICE OF MOTION/100355/2022
CHAMBER SUMMONS/101537/2021
NOTICE OF MOTION/100163/2021
NOTICE OF MOTION/102436/2021

Registration Number: 100359/2020
Transfer Date: 04-09-2020
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100359/2020
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Registration Number: 100359/2020
Transfer Date: 01-01-2024
From Court: 63 - COURT 63 ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 113615/2019
Filing Date: 07-12-2019
First Hearing Date: 11th February 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE