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NOTICE OF MOTION

Nakhuda Mohammed Ali RogayVsRafiq Shelar And Ors

CNR MHCC0100065720183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th August 2018

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100181/2018
Registration Date
15 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Petitioner

    1. 1Nakhuda Mohammed Ali Rogay

    Respondent

    1. 1Rafiq Shelar And Ors

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-01-2018
Business: Matter adj. for Hearing on Preliminary Issue to 16.03.2018 in morning session.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-03-2018

Date: 16-03-2018
Business: Matter adj. for Hearing on Preliminary Issue to 18.06.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Matter adj. for Compliance and Hearing on Preliminary Issue to 16.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-08-2018

Date: 16-08-2018
Business: Adv. Ms. Manasi Bandiwade for plaintiffs present.
None for defendant.
Cost is not paid by plaintiffs as per order dated 18.6.2018.
In view of deletion of section 9A of CPC, the preliminary issues framed on 27.7.2017 shall be considered while framing issues in the suit.
kept  back
Later on at 12.05 pm.
None for plaintiff.
Adv. Ms. Poojari for defendant present.
Heard Ld. Counsel for defendant in NM No. 181/2018.
This notice of motion is filed by defendants praying for staying the suit before Small Causes Court on the ground that the subject matter of both the suits filed by present plaintiff are identical and the issues arising in both the suits are same. There is no dispute that the present suit was filed in the year 2010 and the suit before the Small Causes Court has been filed in the year 2017.
Under section 10 of CPC, no court shall proceed with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. In the instant case, the suit pending before this Court is the previously instituted suit and the suit filed before the Small Causes Court is subsequently filed. Hence the prayer made in the present notice of motion is not tenable before this court. At this stage, the Ld. Counsel for defendants submits that she is not pressing the notice of motion and she may be permitted to withdraw the notice of motion with liberty to take appropriate steps. In view of this request, notice of motion  no.181/2018 is disposed of as not pressed with liberty to take appropriate steps in accordance with law.
Nature Of Disposal: DISMISSED
Disposal Date: 16-08-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 100774/2018
Filing Date: 15-01-2018
First Hearing Date: 19th January 2018
Decision Date: 16th August 2018
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Aug 2018

    Order Details: Other Pdf Text: 16.08.2018 SU 1821/10 CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03) Adv. Ms. Manasi Bandiwade for plaintiffs present. None for defendant. Cost is not paid by plaintiffs as per order dated 18.6.2018. In view of deletion of section 9A of CPC, the preliminary issues framed on 27.7.2017 shall be considered while framing issues in the suit. kept back Later on at 12.05 pm. None for plaintiff. Adv. Ms. Poojari for defendant present. Heard Ld. Counsel for…

    Read Full Order

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