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NOTICE OF MOTION

Salman Mohamed Umer PothawalaVsAmiv Ahmed Zahuruddin - deceased - 1a. Smt Zubeda Wd - o Amir Ahmed Zahuruddin

CNR MHCC01000809201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 15th March 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100324/2019
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: 26-03-2019
    Business: Adv. Akashay Pawar for Plaintiff Present.
    Adv. Madhavi Rai for defendant nos. 1-a to 1-c Present and tendered original registered N.M 324/19 is t.o.r.
    Defendant no. 1-B Present and filed reply to N.M. 324/19.
    adjd to 16/04/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Plaintiff present.
    Adv for deft 1A to 1C Mr.Madhvi Rai present
    Plaintiff requested for adjournment. O-Granted.
    Matter is Adjd for N/M 324/19 Hearing to 23.08.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: None for the Plaintiff.
    Adv for deft 1A to 1C Ms.Madhavi Rai present.
    She stated that deft No. 1E is senior citizen.
    Matter be transfer to senior citizen court CR No.7.
    Matter is Adjd for N/M 324/19 Hearing to 15.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Matter called out at 3.33 p.m.
    Adv Mr. Pawar for plff. present.
    Adv Mr. Omprakash Pandey  for deft. present.
    At the request of plff.
    Matter is adj for NM hearing on 27.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Matter called out(3.05pm)
    Adv.Akshay Pawar I/b Kunal Bhamage for plaintiff present.
    Adv.Omprakash Pandey for defendant present.
    Plaintiff is permitted to re-register N/M No.1087/2010.  Motion be handed-over to the advocate of plaintiff.
    Matter is adj to 09/01/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Matter is called out at 3.44pm
    Adv.Akshay Pawar h/f Adv.Kunal Bhanage for plaintiff present.
    Adv.Omprakash Pandey for defendant present.
    In view of N/M No.324/19 the plaintiff seeking permission to withdraw N/M No.4590/19.  Order- Permission granted.
    Notice of Motion No.4590/19 disposed off as withdrawn.
    Ad-interim granted on 18/01/2019 be continued till next date.
    Matter is adj to 21/02/2020 for N/M No.324/19 hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Matter is called out at 3.02pm
    Adv.Akshay Pawar for plaintiff present.
    Adv.Sapna Pandey for defendant present.
    Plaintiff seeking time. Time granted by way last chance.
    Earlier order to continue.
    Matter is adj to 16/03/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Matter is called out at 2.51pm
    Plaintiff and his advocate absent.
    Adv.Aneeta Vasani for defendant present.
    Matter is adj to 16/04/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 07/08/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Plaintiff and his advocate absent.
    Adv.Omprakash Pandey for defendant present.
    Matter is adj to 04/02/2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Plaintiff and advocate absent.
    Adv for defendant present.
    Matter adjd for N.M. hearing as a last chance on 25/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Adv for plaintiff present. He requested to continue the earlier order dated 18/01/2019.
    Adv for defendant present. He opposed to continue the earlier order as earlier order was not continued from 16/03/2020 onwards.
    Due to the break out of Covid-19 the earlier interim orders are continued by the Hon High Court by common order, therefore, the earlier order is continued till next date.
    Matter adjd for N.M. hearing on 22/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for NM hearing on 18.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: None present for plaintiff.
    Advocate Omprakash Pande for defendant is present.
    It is hereby directed to Adv for plaintiff and his Advocate are hereby to argue on NM on next date, otherwise necessary order will be passed.
    Adjourned for NM hearing to 18/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: None present for plaintiff.
    Advocate Omprakash Pandey for defendant is present.
    Adjourned for NM hearing to 15.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adjourned for NM for hearing to 24/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
    (NOB TOB)(By preceipe moved by the deft   - allowed)
    (Incharge Court Room No. 63)
    Adv. Akshay Pawar for plaintiff present.
    Adv. Suchita Pandey for defendants 1 (A), 1(B)and 1(C)  present.
    Both sides filed consent terms t.o.r. marked as Exh.6
    They also filed pursis regarding clarification of name of defendant no. 1 (C) t.o.r. marked as Exh.7
    Consent terms Exh. 6 are signed by both sides and they are identified by their respective advocates. As per contents in consent terms, the plaintiff has paid total Rs. 19,00,000/- to the defendants and defendants are going to handover possession of the suit premises to the plaintiff. As both sides are voluntarily compromising the matter and they are represented by their advocates, settlement does not appear to be out come of any pressure or factor   affecting to its legality.  Considering all these aspects, I pass the following order :
    - ORDER -
    1. Suit No. 3322/2010 (Old High Court Suit no. 712/10)  is decreed in terms of Consent Terms (Exh.6).
    2. Parties shall bear their own cost.
    3. Court fees shall be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
    4. Consent Terms (Exh.6) shall form part and parcel of the Compromise Decree.
    5. Compromise decree be drawn up accordingly.
    6. Notice of Motion No. 324/2019 is  disposed off having become infructuous due to disposal of the main matter.
    Nature Of Disposal: OTHER
    Disposal Date: 15-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100918/2019
    Filing Date: 22-01-2019
    First Hearing Date: 26th March 2019
    Decision Date: 15th March 2023
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Mar 2023

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100324/2019 Salman Mohamed Umer Pothawala Vs Amiv Ahmed Zahuruddin - deceased - 1a. Smt Zubeda Wd - o Amir Ahmed Zahuruddin Date : 15-03-2023 Business : CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66) (NOB TOB)(By preceipe moved by the deft - allowed) (Incharge Court Room No. 63) Adv. Akshay Pawar for plaintiff present. Adv. Suchita Pandey for defendants 1 (A), 1(B)and 1(C) present. Both sides…

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