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NOTICE OF MOTION

Abdul Rehman KhanVsChitavali Babu Shaikh And Ors

CNR MHCC0100072520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 06th November 2019

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100291/2019
Registration Date
21 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Abdul Rehman Khan

    Respondent

    1. 1Chitavali Babu Shaikh And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-01-2019
Business: As court is busy in dictating order in suit no. 2589/16, suit no. 2856/16, suit no. 2879/16, hence board adjd.
Adjd to 07.02.2019 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: Adv. Tripathi for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff tendered original NM 291/19 t.o.r.
Joint affidavit of service filed by Adv for Plaintiff t.o.r.
Adj for NM reply and WS to 27.02.2019.
Next Purpose: REPLY
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Adv. Dixit for Plaintiff present.
Deft and Adv absent.
Defts failed to file their reply.
Hence, adj for NM hearing to 15.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Adv. Tripathi for Plaintiff present.
He filed affidavit of service t.o.r.
Deft and Adv absent.
Arguments of Adv for Plaintiff partly heard.
Adj for further NM hearing to 04.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: None for Plaintiff.
None for Defendant.
Adj for NM hearing to 01.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Court is busy in hearing Chamber Summons in suit no.9480/93 and dictating order on NM in suit no.8316/95, board of second session is discharged and case is adjourned to 14/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Advocate V. R. Tripathi for Plaintiff present
None present for Defendants.
Roznama dated 15/03/2019 shows that affidavit of service of writ of summons is filed by Plaintiff and inspite of it Defendants have not appeared in the matter, however roznama dated 01/07/2019 shows that advocate Mr. Pansare had appeared for Defendant no.1 but it seems that he has not filed vakalatnama for Defendant no.1, hence suit to proceed exparte.
Case is adjourned to 25/09/2019 at 11.00 a.m. for NM hearing and exparte evidence.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Court is busy in dictating order on Notice of Motion in suit no.1762/18 and hearing urgent applications, board of second session is discharged and case is adjourned to 09/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Court is busy in recording of evidence in suit no.6380/03 and dictating judgment in suit no.3857/99, hence case is adjourned to 18/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Mr.Rajesh Dixit for Plaintiff present.
None present for Defendant.
Affidavit of service writ of summons filed on 29/01/2019 shows that summons is served upon defendants.
Roznama dated 01/07/2019 shows that Adv. Pansare was present for Defendant no.1, however, roznama dated 14/08/2019, court has observed that adv. Mr Pansare has not filled his vakalatnama.  As such, defendants have not filled their appearance in the matters. Therefore, suit to proceed ex-parte against defendants. Plaintiff\''s adv. directed to satisfy the court about plaintiffs ownership over suit premises, so that reliefs prayed in Nm can be consider on merits.
Case is adjourned to 06/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Advocate V. R. Tripathi for Plaintiff present
None present for Defendants.
Plaintiff\''s advocate Mr.Tripathi submitted that Plaintiff is claiming relief in NM no.291/19 on the basis of settled possession and on the basis of affidavits of witnesses namely Raziya Khan, Abdul Gaffur and Abdul Hamid Khan.  Further Plaintiff is having rent receipts to show his possession over suit property.
I have perused plaint, documents annexed to the plaint, affidavits of three witnesses referred above.  As Defendants have not appeared in the matter and resisted the contentions raised in the plaint as well as in affidavit filed in support of Notice of Motion and as suit proceeded Exparte against Defendants, I find that prayers claimed in Notice of Motion can be granted as Defendants have not resisted those prayers.  Hence, I proceed to pass following order-
                                ORDER
Notice of Motion no.291 of 2019 is made absolute in terms of prayer clause (a)
Case is adjourned to 28/02/2020 for exparte evidence.
Nature Of Disposal: ALLOWED
Disposal Date: 06-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100851/2019
Filing Date: 21-01-2019
First Hearing Date: 30th January 2019
Decision Date: 06th November 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Nov 2019
    Order Details: Other
Pdf Text: Advocate V. R. Tripathi for Plaintiff present None present for Defendants. Plaintiff&amp#039s
advocate Mr.Tripathi submitted that Plaintiff is claiming relief in NM no.291/19 on the basis of
settled possession and on the basis of affidavits of witnesses namely Raziya Khan, Abdul Gaffur
and Abdul Hamid Khan. Further Plaintiff is having rent receipts to show his possession over suit
property. I have perused plaint, documents annexed to the plaint, affidavits of three witnesses
referred above. As Defendants have not appeared in the matter and resisted the contentions raised in
the plaint as well as in affidavit filed in support of Notice of Motion and as suit proceeded Exparte
against Defendants, I find that prayers claimed in Notice of Motion can be granted as Defendants
have not resisted those prayers. Hence, I proceed to pass following order- ORDER Notice of
Motion no.291 of 2019 is made absolute in terms of prayer clause (a) Case is adjourned to
28/02/2020 for exparte evidence.
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