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NOTICE OF MOTION

Abdul Rehman KhanVsChitavali Babu Shaikh and Ors.

CNR MHCC01000273202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 06th December 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100104/2020
Registration Date
07 Jan 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 28-02-2020
Business: Advocate Mr. Dikshit for Plaintiff present and sought time to file reply to Notice of Motion no.104/2020.  Considering submissions adjourned.
Advocate for Defendant no.3 present and filed registered Notice of Motion no.104/2020 with affidavit in support, t.o.r.
Advocate Mr. Singh for Defendant no.4 present
Case is adjourned to 09/04/2020 for reply to Notice of Motion no.104/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv Mr.Rajesh Dixit for Plaintiff present and mentioned the matter in the morning session.  He seeks time to file reply to Notice of Motion No. 104/2020 of Defendant No.3.
Matter is being adjourned from time to time since 09.04.2020 till date due to Covid-19 pandemic.
As learned advocate for the Plaintiff is seeking time to file reply, matter is adjd. for reply of Plaintiff to Notice of Motion to 08.04.2021.
Judge
Later on at 2.05 p.m.
Adv Mr. Kunal Rane for Defendant No.4 present and submitted that Notice of Motion No 104/2020 of Defendant No.4is pending in the matter for reply of the Plaintiff and without filing reply to the said Notice of Motion, Plaintiff is acting arbitrorily and making construction. He requested to prepone the date. Since next date was given in the morning session on mentioning the matter by learned advocate for the Plaintiff, the date is preponed as is requested by learned advocate for Defendant No.4 with direction to defendant No.4 to intimate the changed date to the advocate for the Plaintiff.
Date given earlier as 08.04.2021is preponed to 08.02.2021. learned advocate for Defendant No.4 submitted that he will intimate the changed date to the advocate on record for the Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv Mr. Tripathi for plff present and filed reply to NM No. 104/2020.
Adv Mr. Kunal Rane for deft No.4 present.
Ld. advocate for deft No.4 submitted that mistake has occurred in roznama dt.28.02.2020 wherein, his presence is marked for deft No.3 even though, he is appearing for deft No.4.
Matter is adjd. for NM hearing to 02.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: Adv. Rajesh Dixit for plaintiff present and filed Sur-Rejoinder in NM No.104/2020.
Adv.Kunal Rane for Defendant No.4 present and filed Affidavit in Rejoinder in NM 104/2020.
Matter adjourned for argument and NM hearing to 19/04/2021.
                                                      Judge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Adv Mr. Rajesh Dixit h/f Adv Mr. V.R. Tripathi for the plff present.
None present for the defendants.
As nobody is present for the defts, considering the present pandemic condition, matter adjourned at same stage till next date.
Matter is adjd. for NM hearing to 03.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv Mr.Dixit for plff present and seeks adjournment by submitting that adv. Tripathi is unable to attend this Court today.
Adv Mr. Kunal Rane for deft present.
Matter is adjd. for NM hearing to 04.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Mr. Tripathi for plff present and seeks adjournment.
Adv Mr. Kunal Rane for deft No.4 present and submitted that if adjournment is granted, it may be granted as a last chance.
O- Adjournment is granted as a last chance.
Matter is adjd. for NM hearing to 21.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv Mr. Tripathi present for plff. and filed draft Ch/s along with affidavit in support for bringing on record HLRs of deft No.1. O- Leave to register is granted with direction to serve the proposed legal heirs.
Adv Mr. Rane  present for deft. No.4.
Adv. for plff seeks time to argue NM No.104/2020. Though last chance was grated on previous date, for giving fair opportunity to the plff, by consent, matter is adjd. for NM hering to  27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv Mr. Tripathi present for plff. and tendered registered Chamber summons No.1476/2021 along with affidavit in support.
Adv Mr. Kunal Rane present for deft.No.4.
Heard arguments of adv. for deft No.4 and adv. for plff in NM No.104/2020.
Matter is adjd. for NM order to 09.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv Mr. Rajesh Dixit present for plff present.
Deft No.4 present in person.
None present for other defts.
Court is busy in other matters hence, matter is adjd. for order to 18.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Plaintiff present with his adv. Dixit.
Defendant No.4 present with his advocate Paramjeet Singh.
Stenographer is on leave. Alternate stenographer is not provided. Court is busy in other matters. For these reasons, matter is adjd. for NM order to 24.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-11-2021

Date: 18-11-2021
Business: Plaintiff present with his adv. Dixit.
Defendant No.4 present with his advocate Paramjeet Singh.
Stenographer is on leave. Alternate stenographer is not provided. Court is busy in other matters. For these reasons, matter is adjd. for NM order to 24.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: None present for plff.
Adv Mr. Parmjit Singh h/f Kunal Rane present for deft.No.4.
F.R.S.R. following order is passed in NM No.104/2020.
                   ORDER
Notice of Motion No.104/2020 is partly allowed as under;
     Order dtd.14/08/2019 passed in the roznama to proceed with the suit exparte against defendant No.4 is hereby set aside and defendant No.4 is permitted to file his written statement. Defendant No.4 shall file his written statement on next date without fail.
	Pending final disposal of the suit, plaintiff or anybody 	claiming through him shall not create third party interests in the 	suit premises in any manner.
                       ----
Matter is adjd. for written statement to 28.01.2022.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 06-12-2021

Additional Case Details

Additional Case Details
Filing Number: 100307/2020
Filing Date: 07-01-2020
First Hearing Date: 28th February 2020
Decision Date: 06th December 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
06 Dec 2021

Order Details: Notice of Motion Pdf Text: 1 NM-104-2020 in SU-95-2019 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.104 OF 2020 (CNR No.MHCC01-000273-2020) IN SUIT NO.95 OF 2019. (CNR No.MHCC01-000273-2019) Abdul Rehman Khan }...PLAINTIFF. Versus Chitavali Babu Shaikh and Ors. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Tripathi, learned advocate for the plaintiff. Shri.Rane, learned advocate for defendant No.4. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered on 06/12/2021) 1. By…

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