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NOTICE OF MOTION

Dinesh Shankar ShindeVsAbdul Ajiz Mohd Khan

CNR MHCC0100078420192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th December 2019

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100321/2019
Registration Date
22 Jan 2019

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: 02-02-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Ex.2 Adv. Darshan Jain filed V/n for Defendant t.o.r.
    Plff tendered original NM no.321/19 t.o.r.
    K.B.
    L.O.
    Deft is directed to serve the copy of reply in advance to the Plaintiff.
    As Court is busy in dictating orders in NM and Ch/s, adj for reply and hearing on the point of ad interim to 06.02.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv. Kudalkar for Defendant present.
    Adv. Thakur for Plaintiff present.
    Arguments of both sides partly heard on ad-interim.
    Adj for reply and hearing on ad-interim to 13.02.2019.
    Next Purpose: REPLY
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: As P.O. is on leave in second sessions, hence board is discharged and matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Adv. Rajesh Thakur Plaintiff in person present.
    Deft and Adv absent.
    Deft failed to file reply, therefore NM to proceed further without reply of Defendant.
    Plff in person filed compilation of documents.
    Adj for NM hearing to 28.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Adv. R.S.Thakur for Plaintiff present.
    Deft and Adv absent.
    Heard arguments of Adv for Plaintiff on NM.
    Adj for NM hearing of Defendant to 11.03.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Plaintiff present. Adv. R. S. Thakur for Plaintiff present.
    None present for defendant.
    Adjd. for NM hearing in default for order to 01.04.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Adv. Kudalkar for Defendant present.
    K.B.
    L.O.
    Ex.3 Appln. for setting aside no reply order dtd.16.02.19 filed by Defendants t.o.r.
    Other side to say.
    Say filed by Plaintiff on appln.,Exh.3.
    Heard both sides on appln.,Exh.3.
    Considering reason assigned by defendant and in the interest of justice and fair trial, order dtd.16.02.2019 is hereby set aside and reply filed by defendants is taken on record.
    Accordingly, appln.,Exh.3 is disposed off.
    Reply filed by defendant to NM t.o.r.
    Adj for NM hearing to 11.04.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Adv. Kudalkar for Defendant present.
    Rejoinder filed by Plaintiff t.o.r.
    Copy given to other side.
    K.B.
    L.O.
    Heard arguments of both sides on NM.
    Adj for NM order to 20.04.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Adv. Kudalkar for Defendant present.
    Deft present.
    As Court is busy in recording evidence, in hearing arguments and in other Court work, hence adj for NM order to 26.04.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Adv. R.S.Thakur for Plaintiff present.
    Plff is present.
    Deft no.1 is present. Adv absent.
    As Steno is not available, hence adj for order to 03.05.2019.
    L.O.
    Adv. Darshan Jain for Defendant present.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Plff is present. Adv absent.
    Deft is present. Adv absent.
    K.B.
    L.O.
    As Court is busy in dictating orders in other matters, hence adj for order to 04.05.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Plff and Adv absent.
    Deft no.1 present. Adv absent.
    K.B.
    L.O.
    Plaintiff in person present.
    There are conflicting claims about possession over suit land. Plaintiff has relied upon copy of Agreement for Sale wherein it is mentioned that suit land is more particularly described in schedule herein under written and delineated on the plan thereof hereto annexed by red coloured boundary line. As it is photostat copy of agreement along with photocopy of plan so it could not be ascertained as to which portion is marked by red coloured. Therefore, for just decision of notice of motion plaintiff is directed to produce original agreement for perusal of the court.
    Adjd for compliance to 03.06.2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Adv. Kamble for Defendant present.
    Adv for Plaintiff submitted that after verifying the copy of agreement with original from the official of the department of the Court, he will produce the same on record and also supply copy of the same to other side.
    Plaintiff is also directed to file certified copy of map of Survey No.160/1 and 161.
    K.B.
    L.O.
    Adv. Kudalkar for Defendant present.
    Adj for compliance to 13.06.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Plaintiff present. His advocate absent.
    Adv. Kamble for defendant present.
    Plaintiff filed copy of Agreement for Sale - TOR
    Plaintiff sought adjournment  Granted as prayed.
    Adjd. for further compliance to 15.07.2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: Adv.  Rajesh Thakur for Plaintiff present.
    Adv. Darshan Jain for defendant present.
    K.B.
    L.O.
    Adv for Plaintiff submitted list of documents alongwith documents.
    Copy given to other side.
    Adj for hearing only in relation to documents.
    Hence, adj for NM hearing to 06.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Adv. Kudalkar for Defendant present.
    Adv for defendant filed compilation of document alongwith document t.o.r.
    Copy given to other side.
    Heard counsel for both parties.
    Adj for order to 19.08.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Plaintiff is present. Adv absent.
    Defendant is present. Adv absent.
    As Court is busy in other matters, hence adj for orders to 22.08.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Plff and Adv absent.
    Adv. Jain for defendant present.
    As Court is busy in hearing arguments in High Court time bound matter, hence adj for NM order to 27.08.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: None for Plaintiff.
    Adv. Kudalkar for Defendant present.
    Court is busy in other matter hence adjourned.
    Matter adjd to 29/08/2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Matter adjd to 31/08/2019 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: As Court is busy in hearing arguments in NM in SU 640/13, hence adj for order to 04.09.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Matter adjd to 19/09/2019 for Compliance.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Plaintiff absent.
    Adv. Kudalkar for defendant present.
    Adv. For defendants filed compilation of documents along with documents t.o.r. Copy is given to other side. Compilation of documents filed by adv. Of defendant.
    Matter is adj. To 3.10.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Plaintiff preset.
    Adv. Darshan Jain for defendant present.
    Plaintiff filed pursis t.o.r.
    Copy is given to other side.
    Adv. For defendant sought time to make compliance for earlier order time is granted as last chance.
    Adjd.to 19.10.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Plaintiff absent.
    Adv. Dinesh Yadav for plaintiff present.
    Adv. Vaibhavi Pawar for defendant present.
    Adv. For defendant sought time to file document.
    O- Time granted as last chance.
    Adjourned to 11.11.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. Rajesh Thakur for Plaintiff present.
    Adv. Kudalkar for defendant present.
    Adv for defendant sought time to comply order dtd.04.09.2019. Sufficient time has been granted to the defendant to make compliance of the order but defendant failed to produce copy of report of concerned Officer of BMC. Therefore, now matter is posted for NM order to 23.11.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Plaintiff present.
    Defendant present.
    Adv. Darshan Jain for defendant present.
    Defendant filed compilation of document i.e. BMC demolition report.
    Copy is given to plaintiff.
    Plaintiff is at liberty to file rejoinder to said document.
    In view of this development matter is posted for rejoinder.
    Adjourned for rejoinder to 27.11.2019
    Next Purpose: REJOINDER
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Rajesh Thakur for plaintiff present.
    Adv. Kudalkar along with Adv. Darshan Jain present.
    Heard further argument of both side.
    Adjourned for NM order to 6.12.2019
    Next Purpose: ORDER
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: None present for plaintiff.
    Adv. Darshan Jain for defendant present.
    KB
    As court is busy in passing order in other matter,
    Adjourned for order to 7.12.2019
    Next Purpose: ORDER
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Business: Adv. Dinesh Yadav for plaintiff present.
    Adv. Darshan Jain for defendant present.
    Defendant No.1 present.
    KB
    LO
    As Court is busy in dictating orders in other matters, hence adj for order to 10.12.2019.
    Next Purpose: ORDER
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Plaintiff present.
    Adv. Darshan Jain for defendants present.
    FRSR following order passed below NM 321/19
    Notice of Motion No.321 of 2019 stands dismissed and disposed off accordingly.
    Adjourned for direction to 17.01.2020
    Nature Of Disposal: DISMISSED
    Disposal Date: 10-12-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100839/2019
    Filing Date: 22-01-2019
    First Hearing Date: 02nd February 2019
    Decision Date: 10th December 2019
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Dec 2019

    Order Details: Notice of Motion Pdf Text: N/M No.321/2019 1 Suit No.3244/2018 CNR No.MHCC010007842019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.321 OF 2019 IN SUIT NO.3244 OF 2018 Dinesh Shankar Shinde .. Plaintiff Versus Abdul Ajiz Mohd. Khan and Another .. Defendants Mr. Rajesh S. Thakur, advocate for plaintiff Mr. Suraj S. Kudalkar, advocate for defendants CORAM : M. T. ASIM, J COURT ROOM NO.02 DATED : 10th December, 2019 ORAL ORDER By this…

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