Date: 15-01-2020
Business: Advocate Mr. Wasim Ansari for Plaintiff present and filed registered Notice of Motion no.2267/2019 with affidavit in support, t.o.r.
Advocate Ms. Deepti Mehta for Defendant no.1 present and sought time to file reply to Chamber Summons no.2267/19.
Advocate Mr. Desai for Defendant no.2 present
Third party applicant who has taken out Chamber Summons no.1798/18 and his advocate absent. Advocate for Defendant no.2 sought time to file reply to Chamber Summons. Time granted.
Case is adjourned to 26/03/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv Mr.Wasim Ansari for plff present
Adv Mr.M.A. Khan deft No.1 present and seeks time to file reply to the Ch/s taken out by the plff and also by the third party applicant. He submitted that copy of reply will be served in advance on the ld adv. for the plff.
Adv Mr. Ramesh Mandal for third party applicant present.
By consent, Matter is adjd. for Ch/s reply to 23.04.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv. Ramesh Mandal present for the applicant in Chamber Summons No.1799 of 2018.
None present for plaintiff and defendant.
Considering the present Pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till 07/09/2021.
Judge
LO at 11.30 a.m.
Adv. Shri. Wasim Ansari for the plaintiff present and brought to the notice that mistake has occurred in roznama dated 15.01.2020 that registered NM No.2267 of 2019 is tendered in the court on that day by him and in fact, registered Chamber Summons No.2267 of 2019 was tendered in court by him on that date. Having gone through the further contents of the said roznama, I found substance in his submission.
None present for the defendant.
Next date in the matter is already given as 07/09/2021 and advocate for the third party applicant was only present that time. Learned advocate for the plaintiff requested to give shorter date by submitting that he will intimate the changed date to the advocate for the applicant and advocate for the defendant. Since learned advocate for the plaintiff is ready to intimate the change in date to the advocate for the applicant and defendant, date is preponed.
Matter be kept on 05.08.2021 with direction to the advocate for the plaintiff to intimate the change in date to the advocate for the applicant and defendant.
Authenticated copy of the roznama be given to the advocate as per rule.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Mr. Wasim Ansari for plff present.
Adv Mr. Khan for Deft No.1 present and seeks time to file reply to Ch/s No. 2267/2019.
Adv Ms. Anuja Jhunjunwala for deft No. 2 present and seeks time to file reply by submitting that copy of ch/s is servedon her today itself. O- Time to file reply is granted to the deft Nos.1 and 2 in Ch/s No.2267/2019.
Adv Mr. Vipin Kamdi i/b Adv Dusane for D3 to D5 present and submitted that he has already filed reply to Ch/s No.2267/2019.
Matter is adjd. for ch/s reply to 03.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Mr Wasim Ansari for plff present.
Adv. Mr. M.A.Khan for proposed legal heirs deft No.1 present and seeks time to file Ch/s reply.
Adv Mr. Vendant Desai for deft No.2 present and he also seeks time to file reply.
None present for other defts.
Matter is adjd. for Ch/s reply to 11.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Mr. Desai present for plff.
Adv Ms. Mehta present for deft.
By consent matter is adjd. with connected suit No.2399/17 to 16.12.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv Ms. Mehta present for deft present.
Adv Ms. Patel for deft No.2 present.
Adv Mr. Vipin Kamdi i/b Adv Sagar Dusane for deft No.3 to 5 present.
Court is busy in Judgments in suit No.3022/2018 and 1296/2019 hence, this matter is adjd. to 04.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv Mr. Wasim Ansari present for plff.
Adv Mr. M.A. Khan present for deft.No.1 and gave oral undertaking that he will file vakalatnama on behalf of the proposed legal heirs of deceased deft No.1. His oral undertaking is accepted. He endorsed on Ch/s No.2267/2019 that heirs of deft No.1 have no objection to allow the ch/s.
Other defts failed to file reply.
Heard.
The statement made in the affidavit filed in support of the Ch/s about causing death of deft No.1 is supported by the copy of death certificate produced in connected suit No.2399/2017 which shows that deft No.1 has expired on 04.02.2019. It does not appear that the delay in bringing on record HLRs of deceased deft No.1 is intentional. Considering it and the no objection endorsed on the ch/s by the ld. Advocate for the proposed legal heirs of deceased deft No.1, Ch/s No.2267/2019 is allowed in terms of its prayer clauses “a” to “c”. Plff to carry out amendment as per the schedule within two weeks from today.
Adv for the plff endorsed on Ch/s No.1798/2018 that plaintiff has no objection to allow the ch/s subject to consent terms to be filed on next date. Adv for deft No.1 has also endorsed no objection on the said Ch/s. As nobody is present for the applicant in said ch/s, it be kept for hearing on next date.
Matter is adjd. for ch/s hearing to 12.01.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 04-01-2022