ASHFAQUE HUSSAIN IQBAL MANSOORIVsIqbal Hussian Mansoori

Date: 07-05-2019
Business: Adjd. to
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Adjd. to
Next Purpose: DIRECTIONS
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: As Court is vacant, board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Court is on Orientation Training.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: CORAM- H.H.THE AD-HOC JUDGE SHRI. B. P. VYAS(C.R.No.3)
Adv. Yashvi Panchal for plaintiff present.
Adv.for defendant present.
Adjd. to  18-06-2020 for N/M Reply.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: DUE TO UNLOCK-1, PARTIES AND ADV. ABSENT, HENCE ADJ.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: Due to Unlock-1, Parties and Adv. absent.
Hence Adj. to
Next Purpose: DIRECTIONS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: 12-11-2020 CORAM - H.H.J SHRI. S. N. SALVE  (C.R.No.16)
Suit- 1076/19
Due to Covid-19, parties and advocates are absent.
Hence, adjd to 05-03-2021
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: 05-03-2021 CORAM-H.H.J SHRI. S. N. SALVE, AD-HOC AND ASST. SESSIONS JUDGE, (C.R.No.16)
87 Civil Suit/1076/2019
Adv. Shradha Ingle h/f Adv. P. D. Gandhi for plaintiff present.
None for deft.
Reply not filed.
Matter is adjd. for 17-06-2021 for reply.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: 17-06-2021 CORAM-HIS HONOUR ADHOC CITY CIVIL AND ADDL. SESSIONS JUDGE SHRI D. B. MANE. (C.R.No.16)
70 Civil Suit/1076/2019
Adv. Hardik Desai h/f Adv. P. D. Gandhi for plaintiff present.
None for deft.
Matter is adjd. for reply to Notice of Motion No. 1612/19 and 1613/19 to 03-08-2021.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: 03-08-2021 CORAM-HIS HONOUR ADHOC CITY CIVIL AND ADDL. SESSIONS JUDGE SHRI D. B. MANE. (C.R.No.16)
83 Civil Suit 1076/2019
Adv. Khare h/f Adv. P. D. Gandhi for plaintiff present.
Adv. Shukla h/f Adv. Sanjay Pandya for Deft. present.
Matter is adjd. to 12-10-2021 for Reply to Notice of Motion.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: As court is vacant. Board discharged.
Matter is adjd. to
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: 04-01-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
Su.  1076/19
Adv. Maaz for plaintiff present.
Defendants and their advocates absent.
Despite sufficient chances deft failed to file reply to NM.
Hence NM to proceed without reply of deft.
Matter is adjd to 22-04-2022 for NM hearing.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: 22-04-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
Su. 1076/19
Adv. Bansode for plaintiff present.
Adv. Pandya for Deft. Present.
Advocate for Plaintiff tendered Registered N/M No.  1193/2022    alongwith affidavit in support, T.O.R.
Adv for deft undertakes to file v/n on the next date.
Matter is adjd to 22-07-2022 for NM hearing.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: As Court is on Leave, board is discharged. Adjd to
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: 16-09-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
Su. 1076/2019
Adv. Shraddha Ingle for plaintiff present.
Adv. Sanjay for Deft. no. 1 and 2 Present.
Matter is adjd to 15-12-2022 for NM hearing.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: SU- 1076/2019
Advocate Maldar for plaintiff present.
Advocate Sanjay pandya for defendant nos. 1 and 2 present.
Earlier order, if any, to continue till next date.
Adjourned for reply on notice of motion no. 1193/2022 to 14-03-2023.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: SU-1076/2019
Adv. Maldar for plaintiff present.
Adv. Sanjay Pandya for deft no. 1 and 2 present.
Exh. 7  Adv for deft no. 2 filed pursis contenting that, deft no. 1
            expired on 26/12/2022 alongwith death certificate.  t.o.r.
Learned advocate for plaintiff orally requested time for steps.
Time granted.
Earlier order, if any, to continue till next date.
Adj for steps in respect of deceased deft no. 1 to 03-05-2023.
Next Purpose: STEPS
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: SU- 1076/2019
Advocate Gaurav Bansode for plaintiff present.
None for defendant.
Earlier order, if any, to continue till next date.
Adjourned for steps in respect of deceased deft no. 1 to 12-07-2023.
Next Purpose: STEPS
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: SU- 1076/2019
Advocate Kalawadia for plaintiff present.
None for defendant.
Earlier order, if any, to continue till next date.
Adj for steps in respect of deceased deft no. 1 to 24-11-2023.
Next Purpose: STEPS
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: SU- 1076/2019
Plaintiff present.
Advocate Maldar h/f adv. Kalawadia for plaintiff present.
Defendant No.2 present.
Advocate Sanjay N. Pandey for defendant nos. 1 and 2.
Advocate for plaintiff seeking date for taking steps in respect to decease defendant no.1.
Last chance granted to plaintiff to taking steps.
Earlier order, if any, to continue till next date.
Adjourned for steps in respect of decease deft no. 1 to 18-12-2023.
Next Purpose: STEPS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: 18/12/2023 CORAM H.H. JUDGE SHRI. A.V.DHULDHULE (C.R.NO.5)
Civil Su.- 1076/2016 (Matter pertains to C.R. No.03)
Advocate Maldar h/f Advocate Kalawadiya for plaintiff present.
Advocate Dhananjay Shukla for Defendant present.
Earlier order, if any, to continue till next date.
Adjourned for steps  to 16-02-2024.
Next Purpose: STEPS
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: SU- 1076/2019
Advocate Kalawadia for plaintiff present.
Defendant No.2 present.
None for defendant No.3
Advocate for the plaintiff tendered draft chamber summons alongwith supporting affidavit. t.o.r.
Leave granted to register the same and service to other side.
Copy supplied to defendant No.2.
Earlier order, if any, to continue till next date.
Adjourned for tendering original Ch/s and service to Ch/s to defendant No.3 to 14-06-2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: 14/06/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR
                    (C. R. NO.3)
SU- 1076/2019
Advocate Maldar h/f advocate Kalawadia for plaintiff present.
Defendant No.2 present.
Advocate Sanjay Pandya for defendant No.2 present.
None for other defendants.
Advocate for the plaintiff tendered Registered Chamber Summons No. 301 of 2024  alongwith supporting affidavit. t.o.r.
Advocate for defendant No.2 filed reply on Ch/s No. 301/2024 itself. TOR.
Heard argument of learned advocate for plaintiff and defendant No.2 on Ch/s No. 301/2024.
ORDER ON CHAMBER SUMMONS NO. 301 OF 2024.
Plaintiff had taken out the present Chamber Summons No. 301 of 2024 for Delete the Name of the Defendant No.1 in the above suit along with other interim / Misc. proceedings on account of his death on 26.12.2022, and in terms of the schedule annexed hereto.
According to plaintiff during the pendency of the suit, Defendant No.1 who is his father and also the father of Defendant No.2 is expired on 26/12/2022. Plaintiff further submitted that he and defendant No.2 are the only legal heirs of the Defendant No.1 as her mother predeceased her father. There are no other legal heirs and therefore all the necessary parties are already present in the present suit. Thus prayed that name of defendant No.1 is required to be deleted. Plaintiff be to allowed to carry out necessary amendment as per Schedule annexed with the Chamber Summons. No harm and injury would cause to the defendants if Chamber Summons is allowed.
Defendant No.2 had filed reply on Chamber Summons No. 301 of 2024 itself.
Perused the Chamber Summons. Heard Both sides. During the pendency of this suit, defendant No.1 died on 26/12/2022. His legal heirs are already on record Hence, it is necessary to delete the name of Defendant No.1 from the above suit along with other interim / Misc.  proceedings.
In the interest of justice I passed following order-
1. Chamber Summons No. 301 of 2024 is allowed.
2. The name of deceased defendant No.1 is hereby allowed to be deleted in the above suit along with other interim / Misc.  proceedings. Plaintiff to carry out the amendment as per schedule annexed with the Chamber Summons.
3. Plaintiff to carry out the necessary amendment in the plaint within time as per schedule annexed with the Chamber Summons.
4. No order as to costs.
5. Chamber Summons No. 301 of 2024 is disposed off accordingly.
Advocate for plaintiff filed reply on N/M No. 1193/2022 itself. TOR.
Heard argument of learned advocate for plaintiff and defendant No.2 on N/M No. 1193/2022.
ORDER ON NOTICE OF MOTION NO. 1193 OF 2022.
Defendant Nos. 1 and 2 have taken out Notice of Motion No. 1193 of 2022 for set aside the Order dated 4th January 2022 and the Affidavit in Reply on N/M Nos. 1612/2019 and 1613/2019 filed by Defendant Nos. 1 and 2 be taken on record.
According to Defendant nos. 1 and 2 N/M Nos. 1612/2019 and 1613/2019 was duly served upon them but defendant Nos. 1 and 2 have failed to file reply on that Notice of Motion. Defendant No.1 submitted that he is senior citizen and suffering from ailments. He was admitted in the Hospital of Dr. Balabhai Nanavati, S.V.Road, Vile Parle, Mumbai 400 056 on 22nd June 2019 for taking treatment for ailment from the Consultant Dr. Rajiv Bhagwat and was discharged on 26th June 2019. For the aforesaid reason mentioned he could not remain present in the Court on 4th January 2022.
In case defendant nos. 1 and 2 have not allowed to contest the matter then great harm, injury, prejudice and loss will be caused to the Defendant nos. 1 and 2. So, in the interest of Justice the Notice of Motion be allowed.
Advocate for plaintiff filed affidavit in reply on Notice of Motion No. 1193 of 2022 itself.
Considering the nature of suit, it is necessary to give opportunity to the Defendant nos. 1 and 2 to set aside the order dated 4th January 2022 and the Affidavit in reply on N/M Nos. 1612/2019 and 1613/2019 filed by defendant nos. 1 and 2 be taken on record.
Hence, I pass following order-
1. Notice of Motion No. 1193 of 2022 stands allowed with costs.
2. Order date 4th January 2022 is hereby set aside subject to cost of Rs.1,000/ (Rupees One Thousand Only). The costs be paid to the plaintiff in person.
3. After payment of costs Reply on Notice of Motion Nos. 1612/2019 and 1613/2019 is taken on record.
4. Notice of Motion No. 1193 of 2022 is disposed off accordingly.
Advocate for plaintiff to serve copy of contempt N/M to other side.
Earlier order, if any, to continue till next date.
Adjourned for compliance to 23-07-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: 23/07/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR
                    (C. R. NO.3)
SU- 1076/2019
Advocate Kalawadia for plaintiff present.
Defendant No.2 present.
Advocate Sanjay Pandya for defendant No.2 present.
None for other defendants.
Defendant No.2 paid cost of Rs. 1000/- to advocate for plaintiff and complied.
Advocate for defendant No.2 filed reply on Notice of Motion Nos. 1612/2019 TOR.
Copy supplied to other side
Earlier order, if any, to continue till next date.
Adjourned for hearing on N/m No. 1612/2019 and 1613/2019 to 27-11-2024.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: 27/11/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR
                    (C. R. NO.3)
SU- 1076/2019
Advocate Kalawadia for plaintiff present.
Advocate Sanjay Pandey for defendant No.2 present.
None for other defendants.
Advocate for the defendant No.2 tendered Registered Notice of motion No. 3675 of 2024 alongwith supporting affidavit. t.o.r.
Copy supplied to advocate for plaintiff.
Earlier order, if any, to continue till next date.
Adjourned for reply on N/m No. 3675/2024 to 07-01-2025.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: SU- 1076/2019
Advocate Anil Nikam for plaintiff present.
None for defendants.
Earlier order if any, to continue till next date.
Adjourned for reply on notice of motion to 25-03-2025.
Later on.
Advocate Hetal for defendant No.2 present.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: 25/03/2025 CORAM-H.H.J. SHRI. S. M. AGARKAR (C.R.05)
SU- 1076/2019 (Matter pertains to C.R. No.03)
Advocate Kalawadia for plaintiff present.
Advocate Hetal Chitola h/f adv. Sanjay Pandya for defendant No.2 present.
None for other defendants.
Earlier order if any, to continue till next date.
Adjourned for filing reply on notice of motion to 3675/2024 to 07-04-2025.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: 07/04/2025 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR
                    (C. R. NO.3)
SU 1076/2019 (NM 1613/2019, 1612/2019, 3675/2024)
 MHCC04-003545-2019
Advocate Nikam h/f Kalawadia for plaintiff present.
Advocate Sanjay Pandya for defendant no. 2 present.
Adv for plaintiff to supply copy of Contempt NM on Adv for defendant no. 2 on or before next date.
Earlier order if any, to continue till next date.
Adjourned for NM reply to 21-07-2025.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: 21/07/2025 CORAM -City Civil and Addl. Sessions Judge SMT. S.S. TODKAR
                    (C. R. NO.3)
SU 1076/2019 (NM 3675/2024, 1612/2019, 1613/2019)
Advocate Nikam for plaintiff present.
Advocate Sanjay Pandya for defendant no.2 present.
Last chance is granted to plaintiff to file reply to NM.
Earlier order if any, to continue till next date.
Adjourned for service of contempt NM upon defendant no. 2 to 07-08-2025.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: 07/08/2025 CORAM -City Civil and Addl. Sessions Judge SMT. S.S. TODKAR
                    (C. R. NO.3)
SU 1076/2019 (NM 1612/2019, 1613/2019, 3675/2024)
Advocate Nikam for plaintiff present.
Advocate Jyoti Mishra for defendant no.2 present.
Copy of contempt served upon adv for defendant no.2.
Say given by Adv for plaintiff NM no. 3675/2024 on NM itself.
Earlier order if any, to continue till next date.
Kb
Order on Notice of Motion No. 3675/2024
   Defendant no.2 have taken out notice of motion no. 3675/2024 for condonation of delay of in filing Written Statement.

    According to Defendant no. 2 , due to medical emergency in his family he could no contact his advocate to give instruciton for filing written statement.  Defendant no. 1 expired on 26.12.2022 and late defendant no.1’s wife also expired on 24.12.2021 so there is delay in written statement. If written statement of defendant no.2 is not taken on record then grave harm and prejudice would cause to him. The delay is not deliberate and intentional. Hence this Notice of Motion.
    Advocate for Plaintiff filed reply on Notice of Motion No. 3675/2024 on NM itself and raised strong objection.
     Perused the Notice of Motion No. 3675/2024 and reply. Heard both sides. Record shows that Writ of summons duly served on defendant no. 2. Reason for delay is not deliberate and intentional. So in the interest of Justice it is necessary to condone the delay in filing written statement subject to cost .
In the result I passed followed order -
1.  Notice of Motion No. 3675 of 2024 stands allowed with costs.
2. Delay in filing written statement is condoned subject to costs of Rs.2,000/- (Rupees Two Thousand Only). The Costs be paid to Plaintiff on or before next date.
3. After payment of costs the Written Statement of Defendant No. 2 be taken on record and be exhibited.
4.  Notice of Motion No 3675 of 2024 is disposed off accordingly.
Adjourned for complaince to 10-10-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: 10/10/2025 CORAM -City Civil and Addl. Sessions Judge SMT. S.S. TODKAR
                    (C. R. NO.3)
SU 1076/2019 (NM 1612/2019, 1613/2019)
Advocate Anil Nikam for plaintiff present.
Defendant no. 2 present.
Cost paid and complied. Hence written statement of defendant no. 2 is taken on record.
Exh.8  Written statement of defendant no.2
Plaintiff to take steps for service of defendant no.3.
Earlier order if any, to continue till next date.
Adjourned for steps for service of defendant no.3 to 12-01-2026.
Next Purpose: SERVICE
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: 12/01/2026 CORAM H.H.J. SMT. S. N. SACHDEO, AD-HOC JUDGE, CITY CIVIL COURT AND ADDITIONAL SESSIONS JUDGE       (C. R. NO.2)
SU 1076/2019 (NM 1612/2019, 1613/2019)(Matter pertains to C. R. NO. 3 )
Both the parties and their Advocate absent.
Adjourned for service to 24-03-2026.
Later on at 3.27 p.m.
Advocate Nikam for plaintiff present.
None for defendant.
Earlier order if any, to continue till next date.
Adjourned for service to 24-03-2026.
Next Purpose: SERVICE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: 24/03/2026 CORAM -City Civil and Addl. Sessions Judge SMT. N.S. ANEKAR
                    (C. R. NO.3)
SU 1076/2019 (NM 1612/2019, 1613/2019)
Advocate Nikam for plaintiff present.
None for defendant.
Earlier order if any, to continue till next date.
Adjourned for NM reply to 28-04-2026.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: 28/04/2026 CORAM -City Civil and Addl. Sessions Judge SMT. N.S. ANEKAR
                    (C. R. NO.3)
SU 1076/2019  (NM 1612/2019, 1613/2019)
Advocate Nikam for plaintiff present.
Advocate Sanjay Pandya for defendant no.2 present.
On the oral request of Ld. Advocate for plaintiff, adjournment granted.
Earlier order if any, to continue till next date.
Adjourned for NM reply to 08-07-2026.
Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
Next Hearing Date: 08-07-2026

Date: 08-07-2026
Business: 08/07/2026 CORAM -City Civil and Addl. Sessions Judge SMT. N.S. ANEKAR
                    (C. R. NO.3)
SU 1076/2019 (NM 1612/2019, 1613/2019)
None present for plaintiff.
Defendant no.2 present.
Advocate Sanjay Pandya for defendant no.2 present.
Advocate for defendant no.2 filed reply to NM No.1613/2019   t.o.r.
Adjourned for NM hearing to 14-10-2026.
Later on
Advocate Anil Nikam for plaintiff present.
Copy of reply to NM no. 1613/2019 supplied to other side.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 14-10-2026.
Next Purpose: NOTICE OF  MOTION FOR HEARING
Next Hearing Date: 14-10-2026

Main Case No: Civil Suit/0201076/2019
Main Cnr: MHCC040035452019
Main Filing No: 503

Registration Number: 201613/2019
Transfer Date: 16-03-2020
From Court: 3 - Ad-hoc Judge, City Civil Court and Asst. Sessions Judge
To Court: 16 - Assistant Sessions Judge

Registration Number: 201613/2019
Transfer Date: 04-01-2022
From Court: 16 - Ad-hoc Judge, City Civil Court and Asst. Sessions Judge
To Court: 3 - Judge City Civil Court and Additional Sessions Judge

Filing Number: 203844/2019
Filing Date: 03-05-2019
First Hearing Date: 07th May 2019
Court Number And Judge: 3-Judge City Civil Court and Additional Sessions Judge