Jaffer Suleman Musafirkhana Trust +4 moreVsMr. Ashraf Mansoor Shaikh +1 more

Date: 27-01-2020
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: None present for Plaintiff.
Advocate Sappanna Walavalkar @ Defendant present and filed vakalatnama, t.o.r. He requested to keep the matter by submitting that Defendant is going to file Written Statement in this matter.
K.B.
L.O. at 2.00 p.m.
Advocate for Defendant present and filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay for taking Written Statement on  record.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.  He also filed Written Statement. It is made clear  that Written Statement will be accepted after decision of draft Notice of Motion taken out by Defendant.
Case is adjourned to 20/07/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for NM reply rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Advocate Mr. Sampanna Valavalkar for Defendants  present and filed registered Notice of Motion no.1485/2020 with affidavit in support, t.o.r.  He also filed affidavit of service of Notice of Motion showing that copy of Notice of Motion sent to Plaintiff\''s advocate firm returned unclaimed however it is served upon Plaintiff.
It seems that due to Corona pandemic, no one is present for plaintiff, hence case is adjourned to 16/02/2021 for Plaintiff\''s reply to the Notice of Motion.
L.O.
Advocate Mr. Shreni I/b ANB Legal for Plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv Ms. Maheshwari for plff present and filed reply to NM No.1485/2020. Copy of reply served on adv. for deft.
Adv Mr. Sampanna Walawalkar for deft present with deft.
Adjd. for NM hearing to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Adv.Rucha Maheshwari for plaintiff present.
None present for defendant.
As nobody is present for the defendant, considering the present Pandemic condition matter is adjourned for NM hearing to 10.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv Ms. Maheswari for plff present.
Deft present in person. His advocate absent.
Adv. for plff and deft both mentioned the matter in the  morning session. Deft filed adjournment application. Adv. for plff endorsed no objection on said application. O-Allowed.
Matter is adjd. for NM hearing to 09.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv. Usha Maheshwari for plaintiff present.
Adv. Mukesh Gupta for defendant present and filed written argument in NM No.1485/2020.
Heard argument orally for advocate for plaintiff.
FRSR following order is passed in NM No.1485 of 2020.
                                ORDER
	Notice of Motion No.1485 of 2020 is allowed subject to cost of Rs.500/-.
                            -------------------
Later on
Clerk Shashikant Waghela of advocate for the plaintiff present.
Defendant present with advocate Mukesh Gupta.
Cost as per order in NM NO.1485 of 2020 is paid by defendant to Clerk Shashikant Waghela of the advocate for the plaintiff in the court hence, WS of defendant is R and R.
Exh.3 WS of defendant.
Matter is adjd. for draft issues to 18/11/2021.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv Krusha Maheshwari present for plff. and filed affidavit in rejoinder to the WS filed by the deft.
None present for deft.
Matter is adjd. for draft issues to 18.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Ms. Krusha Maheshwari present for plff. and filed draft issues.
None present for deft.
Issues (L) framed at Exh.4.
Matter is adjd. for evidence to 12.07.2022.
Judge
L.O.at
Adv Mr. Sampanna Walawalkar for deft present.
Already adjd. to 12.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv.Krusha Maheshwari for plaintiff present.
None present for deft.
Adv. of plaintiff filed affidavit of evidence of Mr.Rashid Oomer t.o.r. and marked as Exh.5.
Adv. of plaintiff filed affidavit of documents a/w. List of documents and documents. The affidavit and list are marked as Exh.6 (colly.).
The plaintiff undertakes to serve the copy of affidavit of evidence and list of documents on the defendants on or before next date.
Matter adjd to 29.08.2022 for defendants say on documents/ admissibility of documents.
Judge
LO at 12.00 noon
Adv.Reema Swami for defendant present.
Matter adjd to 29.08.2022 for defendants say on documents/ admissibility of documents.
Next Purpose: REPLY
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Defendant present
Adv.Krusha Maheshwari for plaintiff present.
Adv.Sampann Walawalkar for defendant present. He filed say on documents t.o.r. and marked as Exh.7. Copy is received by the plaintiff.
Matter adjd to 10.11.2022 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv.Shreni Shetty i/b.ANB Legal for plaintiff present.
None present for deft.
Heard the plaintiff on documents at list Exh.6. No argument of the defendants.
Matter adj. to 16.01.2023 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Defendant present.
Adv.Swati Chandan i/b.ANB Legal for plaintiff present.
Adv.Mukesh Gupta h/f.Adv.Sampann Walawalkar for defendant present. He submits that say on documents be considered as defendant\''s argument.
Plaintiff to keep witness present.
Matter adjd to 07.03.2023 for order on documents and cross-examination of PW-1.
Next Purpose: ORDER
Next Hearing Date: 07-03-2023

Date: 07-03-2023
Business: As holiday was declared on 07.03.2023 hence taken on 08.03.2023.
Adv.Swati Chandan for plaintiff present. Matter adjd to 25.04.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. Swati Chandan i/b ANB Legal for plaintiff present.
Adv. Valavalkar for defendant present.
Kept back.
Later on at 5.47 p.m.
Due to paucity of time, matter adjd to 06.07.2023 for Cross/order.
Next Purpose: ORDER
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Swati Chandan for plaintiff present.
Adv. Pallavi Gaikwad a/w defendant present and prayed for adjournment.
Matter is adjd.to 04-09-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Adv. Vinita Melvin for plaintiff present.
Adv. Sampanna Walavalkar a/w defendant present.
Matter is adjd.to 12-10-2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Vinita Malvin for plaintiff present.
None for defendant
Matter is adjd.to 30-11-2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Adv. Vinita Melvin  for plaintiff present.
Adv. Sampanna Walavalkar for defendant present
Heard The Ld. Counsel for  plaintiff and defendant as regards to admissibility of documents relied upon by the plaintiff vide list of document Exh. 6.
Matter is adjourned to 14-03-2024 for order on admissibility of documents
Next Purpose: ORDER
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Adv. Vinita Melvin i/b. ANB Legal for plaintiff present.
Adv. Walavalkar for defendant present.
Order on admissibility of document relied upon by the plaintiff
Order
Heard the Ld. Counsel for the plaintiff and for the defendant. The defendant admitted the document at sr. no. 4 from the compilation of document to which reference is made in the affidavit of examination in chief of PW-1 Rashid Suleman Umar. Hence, the document at sr. no. 1 being proved is admitted in evidence and marked Exh. 08. The document at sr no. 1 being a certified copy of the registered Sale Deed dtd. 15.01.2004, wherein the plaintiff trust appears to be the purchaser, the plaintiff ought to have had produced on record the original sale deed or ought to have had sought permission to adduce secondary evidence in respect of the sale deed. In absence of such leave, Certified copy of the sale deed cannot be admitted in evidence. The document at sr. no. 2 which is stated to be a copy of list of tenants annexed to the said registered sale deed dtd. 15.01.2004, the same being a part of the said sale deed, in absence of the original sale deed, the list of tenants cannot be admitted in evidence. As regards to document sr no. 3 which is said to be copy of legal notice issued by the plaintiff  through their advocate to the defendants advocate and the defendant having admitted the letter correspondence dtd. 24.09.2019 sent to the plaintiffs advocate. The copy of said legal notice at sr. no. 3 is admitted in evidence and is accordingly marked Exh. 09.
Matter is adjourned to  15-04-2024 for Cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv. Meenakshi Pahuja i/b for plaintiff present.
Adv. Walawalkar for defendant present.
Below pursis Exh. 10 plaintiffs have filed Original copy of sale deed dtd. 15.01.2004 along with the supported affidavit It is taken on record and marked as Exh. 10 and 11.
Matter is adjourned to   19-08-2024 for Reply of other side on the produced document.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Adv. Antara  for plaintiff present.
Defendant alongwith Adv. Sampana Walawalkar is  defendant and filed reply to the document below Exh. 10. It is taken on record and marked as Exh. 12.
Copy of the same furnished to other side.
Matter is adjourned to   19-09-2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: None for plaintiff present.
Adv. Sampana Walawalkar alongwith defendant present.
Matter is adjourned to   05-11-2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Adv. Shreni Shetty for plaintiff present.
Adv. Sampann Walavalkar for defendant present.
Heard both the sides on Exh.10.
Matter is adjourned to 02.12.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: Adv. Antara Kolambi for plaintiff present.
Adv. Sampanna Walavalkar a/w defendant present.
Vide order Dtd.14.03.2024 PW-1 Rashid Suleman Umar has tendered original copy of sale deed. It is admissible in evidence thus marked as an Exh.13.
Matter is adjourned to 22.01.2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Adv. Antara Kalambi for plaintiff present.
Adv. Sampanna Walavalkar a/w defendant present and filed adjournment application. It is taken on record and marked as Exh.13.
Written say given by plaintiffs advocate on itself.
Witness present.
Matter is adjourned to 13.02.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: Adv. Antara Kalambi for plaintiff present.
Adv. Sanpana Walawalkar  for defendant present.
k.b.
Deferring the cross-examination till next date, accordingly it is deferred.
Matter is adjourned to 07-04-2025 for R/E  (Cross P. H.).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Adv. Antara present for plaintiff.
Adv. Ashraf Shaikh a/w defendant present.
Court is busy cross-examination in time bound matter SU.2537/2013. Hence, matter kept for next date.
Matter is adjourned to 10.06.2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: Adv. Antara Kalambi for plaintiff present.
Adv. Sampanna Walawalkar for defendant present.
Witness present.
The cross-examination of the plaintiff witness is reserved till next date on the request of the advocate of the defendant.
Matter is adjourned to 03-07-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Adv. Antara Kalambi a/w Shreni Shetty for plaintiff present.
Adv. Sampanna Walavalkar a/w defendant present.
KB.
Later on,
Cross-examination of PW-3 by Adv. V. Y. Ambedkar for defendant commenced and concluded.
Matter is adjourned to 24.07.2025 for Evidence of the defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adv. Antara Kalambi for plaintiff present and filed evidence closed pursis. It is taken on record and marked as Exh. 14.
Adv. Sampanna Walawalkar alongwith defendant present.
Matter is adjourned to 04-08-2025 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: Adv. Pashin Ichhaporia for plaintiffs present and filed pursis regarding correction in evidence dtd.13.02.2025, 10.06.2025 and 03.07.2025. It is taken on record and marked as Exh.15.
Copy of the same furnished to other side.
Adv. Sampanna Walavalkar a/w defendant present.
KB
Later on at 12.00 pm,
Adv. Pashin Ichhaporia for the plaintiff present.
Adv. Sampanna Walavalkar for defendant present and filed affidavit of evidence in lieu of examination in chief along-with list of documents. It is taken on record and respectively marked as Exh.16 and Exh.17.
Adv. Sampanna Walavalkar for defendant filed draft notice of motion along-with affidavit of support.
O- Leave to register draft NM is granted.
Copy of the same furnished to other side.
Matter is adjourned to 25.09.2025 for reply on NM and say on Exh.17.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Pashin Ichhapora for plaintiff present and tendered draft notice of motion alongwith affidavit in support. O-Leave is granted to register Notice of Motion.
Defendant No. 1 in person present and directed to tender registered notice of motion No. 4970/2025 on next date.
Matter is adjourned to 20.01.2026 for NM reply.
                                                                                        Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Pashin Icchapurra for plaintiff present and tendered registered notice of motion 6586/2025. He also tendered affidavit in reply to NM No. 4970/2025.  Copy of the is same furnished to other side.
Adv. Sampanna Walavalkar for defendant present and tendered registered notice of motion 4970/2025 and sought time to file reply to NM no. 6586/2025.
Matter is adjourned to 26.02.2026 for NM reply and rejoinder.
Later on at 05.00 pm
Adv. Sampanna Walavalkar alongwith defendant present                                                                                                     and tendered affidavit in reply in Motion no. 6586/2025. Copy of the same is furnished to other side on 10/11/2025.
Matter is adjourned to 26.02.2026 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Pashin Icchaporia for plaintiff present.
Adv. Sampanna Walavalkar for defendant present.
Both the Ld. Advocates submitted that they donot want to file any rejoinder.
Matter is adjourned to 27.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.05 pm
Adv. Pashin Icchaporia i/b ANB Legal  for plaintiff present.
Adv. Yugandhara Gaonkar a/w Adv. Sampanna Walavalkar for defendant present.
As court is busy in passing order in NM no. 2452/2026 and dictating judgment. Hence matter adjourned.
Matter is adjourned to 04.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: P,O. is on training
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Adv. Pashin Ichhaporia i/b ANB Legal for plaintiff present.
Adv. Yugandhara M. Gaonkar for defendant present.
Ld. advocate for defendant seek time to argue on NM.
Both parties shall argue on next date.
Matter is adjourned to 19.10.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2026

NOTICE OF MOTION/106586/2025
NOTICE OF MOTION/101485/2020
NOTICE OF MOTION/104970/2025

Registration Number: 100080/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 114064/2019
Filing Date: 18-12-2019
First Hearing Date: 27th January 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE