Mrs. Ruksana Aarif Hussain ZariwalaVsHaseen Kadir Khan +11 more

Date: 30-01-2020
Business: Adv. S.K. Mulla for pltff present.
Plaint
Vakalatnama.
Memorandum of address.
List of document.
Issue writ of summons.
The matter is adjd for Affidavit of service to 22.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
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: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Mulla for plaintiff present.
None for deft.
Adv. for plaintiff seeks leave to serve the deft. through bailiff service.  Allowed.
The matter is adjd for affidavit of service to 12.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 20.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv.for plaintiff is present.
Matter adjd for NM on 17.12.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Adv S. K. Mulla for pltff present.
Adv A. N. Nashikwala for deft nos. 1 to 6 present and filed VP. TOR. Marked as Exh. 5
Adv for deft nos 1 to 6 also filed reply to NM No. 2887/21.  TOR.
Pltff is directed to tender on record original NM No. 2887/21 by next date.
Matter is adjd to 22/06/2022 for Affidavit of service of deft no. 7 to 12.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Asim Sayyed for plaintiff is present.
Adv. Mariyam Nasikwala for defendant nos. 1 to 6 is present.
Plaintiff is directed to tender on record original NM No. 2887/21 by next date.
On oral request of Adv.for plaintiff matter adjourned for
tendering on record original registered NM No. 2887/21 and affidavit of service.
Matter adjd to 12.08.2022  for tendering on record original registered NM No. 2887/21 and affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. S.K. Shukla for plaintiff is present and tendered original registered NM No. 2887/21 a/w affidavit in support of NM. T.O.R.
None present for defendant.
The Ld. Adv.for plaintiff has filed application for issue service to defendant no. 8 to 11 t.o.r marked as Exh.6. Allowed.
Matter adjd to 04.11.2022 for service of defendant no. 8 to 11 and NM reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. S. K. Mulla for plaintiff present.
Adv. Mariyam Nasikwala for defendant Nos.1 to 6 is present.
On oral request last chance given to the plaintiff for filing affidavit of service.
Matter adjd to 11/01/2023 for filing affidavit of service by plaintiff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. S.K. Mulla for plaintiff is present.
Adv. Marium Nasikwala for defendant nos. 1 to 6 is present.
Matter adjd to 20.02.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: None present for plaintiff and defendant.
Issue notices to both the parties for attending National Lok Adalat scheduled to be held on 30.04.2023 at 10.30 a.m.
Matter adjd to 30.04.2023 for Lok Adalat.
LO at 3.45 p.m.
Adv. Q.S. Kapasi i/b S.K. Mulla for plaintiff present and filed affidavit of service t.o.r marked at Exh.7.
Upon perusal of close envelop filed a/w affidavit of service it reveals that defendant no. 9 refused to accept the summons. Hence, it amounts to due service. Therefore, the matter proceeded ex-parte against defendant no.9. So far as defendant no.8 is concerned the close envelop is returned with the remark insufficient address and so far as defendant no. 10 is concerned the close envelop returned with remark no such person in the address. Therefore, the plaintiff is directed to take effective steps to serve defendants no. 8 and 10.
The Ld.Adv.for plaintiff make a statement that the defendant no.12 is no more. Hence, he is directed to take appropriate steps for bringing Lrs on record.
Matter adjd to 30.06.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: None present for plaintiff.
Son of defendant no.1 present.
Defendant no.2 present.
Roznama dtd. 18.04.2023 shows that Ld. Advocate for plaintiff make a statement that defendant no.12 is no more. Therefore, he sought time to take steps for bringing L. R s of deceased defendant no.12 on record. However, till date no steps taken for bringing them on record. Defendant no.2 and son of defendant no.1 upon inquiry said that defendant no.12 died during the Lockdown period. Hence, the suit against defendant no.12 stands abated.
Matter adjd to 19.12.2023 for N/M hearing.
L.O.
Adv. Mr. S. K. Mulla for plaintiff present and filed an  application for pasting service to defendant no.8,10 and 11.
T.O.R. it is marked Exh.8.
It is submitted that the plaintiff wants to serve copy of writ of summons on defendant no.8,10 and 11 through Baillif hence, considering the request application stands allowed. Application Exh.8 is stands disposed of.
Matter is already adjd to 19.12.2023 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: P.O. is on leave. Matter adjourned to
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. S. K. Mulla for plaintiff is present and filed application Exh. 9 seeking permission for service of writ of summons on defendant no.8, 10 and 11.
Issue writ of summons and NM as prayed.
None present for defendant.
Matter adjd to 06.05.2024 for report.
Next Purpose: REPORT
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: None present for plaintiff and defendant.
Matter adjd to 19.07.2024 for steps for service of writ of summons and notice of NM.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: P. O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Adv. S. K. Mulla for plaintiff is present and seek time for service of writ of summons on defendant no.8, 10 and 11. O- Time granted.
None present for defendant
Matter adjd to 16.10.2024 for steps on the request of Adv. for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: None present for plaintiff and defendant.
Sufficient time is granted to plaintiff for service of writ of summons on defendant no.8, 10 and 11. The plaintiff is directed to take fresh steps for service of writ of summons for defendant no.8, 10 and 11, on failure further order will be passed on next date.
Matter adjd to 09.12.2024 for steps .
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: None present for plaintiff and defendant.
Sufficient time is granted to plaintiff to serve writ of summons on defendant no.8, 10 and 11. However, plaintiff has failed to serve writ of summons. Hence, suit stands dismissed against defendant no.8, 10 and 11 for want of steps with no order as to costs.
Matter adjd to 11.02.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: None present for plaintiff.
Adv. Nasikwala for defendant no.1 to 6 is present.
Sufficient time is granted to plaintiff to work out NM. From the roznama it is seen that plaintiff is not interested to proceed with NM. Hence, notice of motion no.2887/2021 stands dismissed with no order as to costs.
Defendant no.1 to 6 failed to file written statement. Suit to proceed further without written statement of defendant no.1 to 6.
Matter adjd to 14.07.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: None present for both sides.
Matter adjd to 13.10.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: None present for plaintiff and defendant.
Last chance granted to plaintiff to lead oral evidence, on failure order regarding dismissal of suit will be passed on next date.
Matter adjd to 17.01.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: None present for plaintiff.
None present for defendant.
The plaintiff has not adduced her evidence. The suit is already kept for dismissal orders. Still one more opportunity is granted to the plaintiff to adduce her evidence.
Matter adjourned to 07.05.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-05-2026

Date: 07-05-2026
Business: None present for plaintiff.
None present for defendant.
Matter adjourned to 12.08.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: None present for plaintiff and defendant.
From the record it appears that since last 5-6 dates none appeared for plaintiff. Suit is of the year 2020, so taking into consideration granted opportunity it be kept for dismissal orders on next date.
Matter adjourned to 05.09.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: Declared holiday as Gopalkala. Hence, matter adjourned to 07.09.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: In view of office order No.270/2026 dated 04.09.2026, on account of Gopalkala holiday is declared on 05.09.2026. Hence, matter is taken on todays board and adjourned.
Matter adjourned to 31.10.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 31-10-2026

NOTICE OF MOTION/102887/2021

Filing Number: 114033/2019
Filing Date: 17-12-2019
First Hearing Date: 30th January 2020
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE