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NOTICE OF MOTION

Shri Dastgir Rukmuddin ShaikhVsAmin Maktum Shaikh and Anr.

CNR MHCC01000763202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED IN DEFAULT
Decision Date: 03rd July 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100333/2020
Registration Date
20 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 29-01-2020
    Business: Adv.Yadav for Plaintiff present and filed original NM No.333/2020.
    None present for Defendant.   EOC till next.
    Case is adjourned to 07/04/2020 for  N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 18-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 15/03/2021 for NM reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv Mr. Yadav for plff present.
    Adv Mr. Pandey for deft present and seeks time to file reply.
    Time granted till next date with direction that order dt.17.01.2019 to continue till next date.
    By consent matter is adjd. for NM reply and hearing to 26.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    
    Date: 18-11-2021
    Business: Adv Mr. J.S. Yadav present for plff. and seeks time to file rejoinder in NM No.333/2020
    Deft No.1 present in person  and submitted that his advocate is unable to attend the court today.
    By consent, matter is adjd. for  NM rejoinder and hearing to 24.01.2022.
    Earlier interim order, if any, to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Adv Mr.J.S. Yadav for plff present.
    None present for deft .
    On request of ld. Advocate for plff, earlier interim order, if any, to continue till next date as nobody is present for the deft.
    Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd.for NM hearing to 13.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: (Matter pertains to Court Room No.62.)
    Adv. Ramadious for Def. 1 present.
    None for plaintiff.
    Matter is adjd. for NM hearing to 05.07.2022.
    Earlier interim order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv.J.S.Yadav h/f.Adv.V.P. Shukla for plaintiff present.
    Adv.P.S.Pandey for deft. present.
    The Ld.Adv.for the pltff requested for adjournment contending that Adv.Shukla is not feeling well. Last chance granted.
    Matter adjd to 22.08.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv.Abhishek Shukla for plaintiff present. He orally requested for adjournment.
    Adv.P.S.Pandey for defendant present.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 06.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv.Sunita Dubey for plaintiff present. She orally requested time to file rejoinder in motion.
    None present for deft.
    On oral request of pltff. earlier order of interim relief if any to continue till next date.
    Matter adjd to 28.11.2022 for rejoinder/NM hearing.
    Next Purpose: REJOINDER
    Next Hearing Date: 28-11-2022
    
    Date: 06-10-2022
    Business: Adv.Sunita Dubey for plaintiff present. She orally requested time to file rejoinder in motion.
    None present for deft.
    On oral request of pltff. earlier order of interim relief if any to continue till next date.
    Matter adjd to 28.11.2022 for rejoinder/NM hearing.
    Next Purpose: REJOINDER
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv.Sunita Dubey h/f.Adv.B.P.Shukla for plaintiff present and filed rejoinder in NM 333/20 t.o.r. and marked as Exh.3. She undertakes to serve copy of Exh.3 on the defendants. On oral request earlier order is continued.
    None present for defendants.
    Matter adj. to 30.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 28-11-2022
    Business: Adv.Sunita Dubey h/f.Adv.B.P.Shukla for plaintiff present and filed rejoinder in NM 333/20 t.o.r. and marked as Exh.3. She undertakes to serve copy of Exh.3 on the defendants. On oral request earlier order is continued.
    None present for defendants.
    Matter adj. to 30.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Matter pertains to CR No.62.
    Adv. Abhishak Shukla h/f V. P. Shukla for plaintiff present.
    Adv. P. S. Pandy for Defendant present.
    On oral request of platff. Earlier order of interim relief if any to continue till next date.
    Matter adjd to 05.04.2023 for NM hearing.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Defendant present.
    Adv.Megha Shigvan h/f.Adv.B.P. Shukla for plaintiff present.
    Earlier order of interim relief if any to continue till next date.
    On request of plaintiff matter adjd to 27.06.2023 for NM hearing as last chance.
    Judge
    LO at 03.50 pm
    Adv.P.S. Pandey for defendant present.
    Matter adjd to 27.06.2023 for NM hearing as last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 05-04-2023
    Business: Defendant present.
    Adv.Megha Shigvan h/f.Adv.B.P. Shukla for plaintiff present.
    Earlier order of interim relief if any to continue till next date.
    On request of plaintiff matter adjd to 27.06.2023 for NM hearing as last chance.
    Judge
    LO at 03.50 pm
    Adv.P.S. Pandey for defendant present.
    Matter adjd to 27.06.2023 for NM hearing as last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Adv. Sunita Dubey for plaintiff present.
    Adv. Mr. Pandey for defendant present.
    Matter is adjd.to   12.09.2023 for hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: CORAM H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    Adv. Sunita Dubey for plaintiff present.
    Adv. P. S. Pandey for defendants is present.
    Earlier order, if any, be continue till next date of hearing.
    Matter is adjd. to 26-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2023
    
    Date: 12-09-2023
    Business: CORAM H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    Adv. Sunita Dubey for plaintiff present.
    Adv. P. S. Pandey for defendants is present.
    Earlier order, if any, be continue till next date of hearing.
    Matter is adjd. to 26-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv. Sunita Dubey  for plaintiff present.
    Adv. P. S. Pandey for defendant present.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjd.to  20-12-2023 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Adv. B. P. Shukla for plaintiff present.
    None for defendant.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjourned to  14-02 -2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 20-12-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Advocate B.P. Shukla for Plaintiff present.
    None for defendant present.
    Later on at 03.24 pm.
    Advocate P. S. Pandey for defendant present.
    Earlier order, if any, to be continue till next date.
    Matter stands adjourned on 18.03.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-05-2024
    
    Date: 07-05-2024
    Business: CORAM :- H.H.J. SHRI. V.M. PATHADE (CR.62)
    Matter pertains to C.R. No. 65
    Advocate J.S.Yadav for plaintiff present .
    None present for defendant.
    Earlier order, if any, to be continue till next date.
    Matter stands adjourned on 03.07.2024 for order in Notice of
    Motion Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: Adv. B. P. Shukla for plaintiff present.
    Adv. P. S. Pande for defendant present.
    Defendant No.1 present. Both advocates submitted that there are earlier orders on record that defendants will not create third party interest in suit premises.
    Learned Adv. for defendant after consultation with defendant No.1 present before the court submitted that defendant will not create third party interest in suit premises till disposal of the suit. Statement is accepted.
    On the statement of the learned Adv. for defendant the Notice of Motion of the plaintiff bearing No. 333/2020 is disposed of.
    The Learned Adv. for defendant submitted that his reply in Notice of Motion No. 333/2020 may be treated as written statement of defendants to the suit. Learned Adv. for plaintiff has no objection for that. Hence, the reply of the reply on behalf of defendants to Notice of Motion No. 333/2020 is taken on record as written statement to the suit. Sheristedar to take note and tag the reply in Notice of Motion No. 333/2020 along with suit.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 03-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100907/2020
    Filing Date: 20-01-2020
    First Hearing Date: 29th January 2020
    Decision Date: 03rd July 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Jul 2024

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100333/2020 Shri Dastgir Rukmuddin Shaikh Vs Amin Maktum Shaikh and Anr. Date : 03-07-2024 Business : Adv. B. P. Shukla for plaintiff present. Adv. P. S. Pande for defendant present. Defendant No.1 present. Both advocates submitted that there are earlier orders on record that defendants will not create third party interest in suit premises. Learned Adv. for defendant…

    Read Full Order

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