Order Details: Notice of Motion Pdf Text: 1 NM 120-2018 in SU 2616-2017 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.120 OF 2018 (CNR No.MHCC01-000391-2018) IN SUIT NO.2616 OF 2017. (CNR No.MHCC01-011225-2017) Shahnawaz Ahmed Ansari }...PLAINTIFF. Versus Akhlaque Ahmed Ansari and Ors. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Mishra, learned advocate for the plaintiff. Shri.M.A.Khan, learned advocate for defendant Nos.1 to 3. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered…
NOTICE OF MOTION
Shahnawaz Ahmed Ansari S/o. Akhlaque Ahmed AnsariVsAkhlaque Ahmed Ansari +2 more
CNR MHCC01000391201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 10th December 2021
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100120/2018
- Registration Date
- 10 Jan 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 27-03-2018
Business: Matter adj. for Rejoinder to 13.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2018
Date: 13-07-2018
Business: Matter adj. for NM Reply to 16.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Matter adj. for Rejoinder to 06.02.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adjd. to 23.4.2019. for rejoinder in N/M 120/18.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Matter adj. for Compliance and NM Hearing to 05.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Advocate for Plaintiff present
Advocate Mr. Khan for Defendant no.1 to 3 present
Earlier order to continue till next date.
Court is busy in hearing Notice of Motion in suit no.8489/1993 which is Hon\''ble High Court Time Bound matter and court has to her Notice of Motion in suit no.1398/09, hence case is adjourned to 19/08/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 06/11/2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Advocate Mr. Jitendra Mishra for Plaintiff present
Advocate Ms. Deepti Mehta for Defendant present and submitted that her senior advocate is not available today hence matter may be adjourned. Considering submissions adjourned.
Earlier order to continue till next date.
Case is adjourned to 24/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 24-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 17-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv.Smt. Mishra for plaintiff present.
None present for defendant.
Advocate for plaintiff seeks adjournment.
As nobody is present for the defendant, on request of advocate for the plaintiff matter adjourned for NM hearing to 23.04.2021.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Adv. Ashutosh Mishra for plaintiff present.
Adv. Ramesh Mandal h/f. M.A. Khan for defendant present.
By consent, matter adjourned for NM hearing to 27/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv Mr. Ashutosh Mishra h/f Adv Mr. Jitendra Mishra for plff present.
Deft No.3 present in person and seeks adjorunment by submitting that adv. for defts is unable to attend this court today. O- Adjournment is granted with direction that earlier interim order, if any, to continue till next date.
Matter is adjd. for NM hearing to 20.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv Ms. Nilu Mishra present for plff. and seeks adjournment by submitting that adv. on record of the plff is busy in some other Court.
Adv Mr.Khan present for deft. and objected for adjournment by submitting that adjournment is being claimed on every date by getting the earlier interim order continued. Though there is substance in the submission of adv. for the deft, adjournment is a last chance is granted.
Matter is adjd. for NM hearing to 30.10.2021.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv Mr. Mishra for plff present.
Adv Mr. M.A. Khan for deft present.
K.B.
L.O. at 4.15 p.m.
Same appearance.
Court is busy in other matters hence, this matter is adjd. till next date for NM hearing.
Matter is adjd. for N.M. hearing to 17.11.2021.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv Smt. Mishra present for plff.
None present for deft.
Court is busy in other matters hence, matter is adjd. for NM hearing to
20.12.2021.
Earlier order, if any, to continue till next date.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv Mr. Jitendra Mishra for plff present.
Adv. M.A. Khan for the deft present.
Ld. advocates for both parties submitted that on 17.11.2021, next date of today ie.20.11.2021 was given but in the roznama of previous date, next date is wrongly mentioned as 20.12.2021. Both the learned advocates are ready with the gone matter today hence, hearing in N.M.No.120/2018 is heard by consent today.
Heard argument partly of Adv for plff. in NM No.120/2018.
Court has to take up other matters hence, by consent, this matter is adjd. for argument of deft on 01.12.2021.
Earlier interim order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv Mr. Nilu Mishra for plff present.
Adv. M.A. Khan for the deft present.
Ld. advocate for deft Nos.1 to 3 submitted that matter is not reflected on today’s board wrongly. Having gone through the roznama, substance is found in his submission.
Heard argument of adv. for deft Nos.1 to 3 in NM No.120/2018.
During argument, ld. Advocate for deft Nos.1 to 3 submitted that counter claim is filed by deft No.1. He submitted that he will check the record whether said counter claim is served on the plff.
By consent, matter is adjd. for further hearing in N.M.No.120/2018 to 02/12/2021.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Ms. Nilu Mishra for plff present.
Adv Mr. M.A.Khan for deft Nos.1,2 and 3 present and served copy of counter claim on the adv. for the plff in the Court today.
Ld advocate for both parties submitted that they don’t want to make any further submission in N.M.No.120/2018.
Adjd. for N.M.order and WS of plff to the counter claim to 10.12.2021.
Earlier interim order to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv Mr. Ashutosh Mishra h/f Jiterndra Mishra present for plff.
None present for deft.
K.B.
L.O. at 4.10 p.m.
Adv Mr. Ashutosh Mishra h/f Jiterndra Mishra present for plff.
None present for deft.
F.R.S.R. following order is passed in NM No.120/2018
ORDER
Notice of Motion No.120 of 2018 is partly allowed as under.
Pending final disposal of the suit, defendant Nos.1 to 3 and/or anybody claiming through them is temporarily restrained from disturbing into plaintiff’s use and occupation in respect of shop No.5, Mubarak Manzil situated at Sankli Street, 2nd X Lane, Byculla (W), Mumbai, without following due process of law.
Other prayers made by the plaintiff in the Notice of Motion are rejected.
----
Matter is adjd. for WS of plff to counter claim to 10.01.2022.
Authenticated copy of this roznama be given to the adv for the plff as per rules.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-12-2021Additional Case Details
Additional Case Details
Filing Number: 100478/2018 Filing Date: 10-01-2018 First Hearing Date: 27th March 2018 Decision Date: 10th December 2021 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
10 Dec 2021
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