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NOTICE OF MOTION

Mohammed Rafique Mohammed BabulaVsSalim Memon And Ors +1 more

CNR MHCC0100086820192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th August 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100345/2019
Registration Date
23 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-02-2019
    Business: Adv. Khatri for Plaintiff present.
    Adv. Sapna Sharma for Defendant no.1 present.
    Plff tendered original NM 345/19 t.o.r.
    Adv for Plaintiff sought time for service of notice of motion and writ of summons upon Defendant no.2. Time is granted.
    Adj for service to 05.04.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adv. Sapna Sharma for Defendant no.1 present.
    Plff and Adv absent.
    Adj for service to 29.06.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: Adv. Ms.Ansari for Plaintiff present.
    Plaintiff is present.
    Deft. no.1 is present. Adv absent.
    Ex.5 Original writ of summons filed by Adv for Plaintiff t.o.r.
    Summons not served upon defendant no.2.
    Plaintiff is to take steps for service of writ of summons upon Defendant no.2.
    Adj for steps to 24.07.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. Khatri for Plaintiff present.
    Adv. Priyanka Bhandari for defendant no.1 present.
    Adv for Plaintiff sought extension of time for service of writ of summons and NM upon defendant no.2.
    Time is extended.
    Adj for service to 27.08.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Adv. Khatri For Plaintiff present.
    Adv. Priyanka Bhandari For defendant no.1 present.
    Copy NM is not served upon defendant no. 2. Advocate for Plaintiff sought extension of time for service of writ of summons and notice of motion upon defendant no. 2.
    Time is extended.
    Matter adjd to 03/10/2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Khatree for Plaintiff present.
    Adv. Sapana Sharma  for defendant no 1 present.
    Application filed by adv for plaintiff for permission to serve defendant no 2 by substituted service.
    Order -
    It appears that defendant no 2 is avoiding service of notice and he was not found on two occasions when bailiff went to the place of business of defendant no 2.  Therefore, Notice be served upon defendant no 2 by affixing the copy thereof in some conspicuous place in court house and also upon conspicuous part of the place of business of defendant no 2 through bailiff under order 5 rules 17 and 20 of CPC.
    Accordingly, application is allowed and disposed of.
    Matter is adjd to 8.11.2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Khatree for plaintiff
    Adv. Priyanka Bhandari for defendant no 1 present.
    Adv. For plaintiff sought extension of time for service of NM as per order dated 3.10.2019.
    O- Time is extended.
    Adjd. to 9.12.2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: P. O. is on leave hence adj.
    Next Purpose: SERVICE
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Khatree for plaintiff present.
    Plaintiff tendered registered NM 345/19 t.o.r.
    Adv. Mansi Chikore appeared for defendant No. 2 and undertakes to file V/N.
    Adv. for plaintiff filed original Writ of summons.
    Writ of summons is duly served upon defendant No. 2.
    Adv. for defendant No. 2 submitted that copy of plaint and annexure to it are not supplied.
    Plaintiff is directed to supply copy of annexure and plaint to defendant No. 2
    Defendant No. 2 has to file W/S within prescribed period.
    Adjourned for direction and reply to NM to 14.02.2020
    Next Purpose: SERVICE
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Adv Khatri for plff present.
    Adv Sonia Sutrale for deft no. 1 present.
    Adv Manasi Chikode h/f Adv Ramchandani for deft no. 2 present.
    Exh 06 - She filed VP for deft no. 2. t.o.r.
    She seeks time to file written statement on next date.
    Matter stands Adj for directions to 19/03/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Both parties and their Adv absent.
    Matter stands Adj for directions to 13/04/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-06-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv Manasi Chikode for deft no. 2 present.
    Matter stands Adj for Directions to 22/01/2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv Dheeraj Ramchandani for deft no. 2 present.
    He tendered draft NM.  Leave to register.  Granted.
    He is directed to serve NM on other side.
    Matter stands Adj for NM Service to 16/03/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Ms. Rajvi Veera, intern of Adv for plff present.
    She seeks time to file reply on NM 306/2021.  Granted.
    Adv Ramchandani for deft no. 2 present.
    He tendered register NM 306/2021. t.o.r.
    He filed affidavit in reply to NM 345/2019. t.o.r.
    Matter stands Adj for NM Reply and hearing to 19/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Due to covid matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 02-07-2021
    
    Date: 19-04-2021
    Business: Due to covid matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 02-07-2021
    
    Date: 19-04-2021
    Business: Due to covid matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: Due to Covid-19 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Both parties and their Adv absent.
    Matter stands Adj for NM Reply and Hearing to 12/10/2021.
    Next Purpose: REPLY
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Khatri for plff present.
    He seeks time to file reply on NM 306/2021.  Granted.
    Adv Niraj Ramchandani for deft no. 2 present.
    Matter stands Adj for NM Reply to 25/11/2021.
    Next Purpose: REPLY
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Plaintiff and their advocate absent.
    Adv. Priyanka Bhandari for defendant No. 1 present.
    Adv. Dhiraj Ramchandani for defendant No. 2 present.
    Defendant No. 1, and 2 present.
    Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
    Adjd. to 18/01/2022 for Reply on NM.
    Next Purpose: REPLY
    Next Hearing Date: 18-01-2022
    
    Date: 25-11-2021
    Business: Plaintiff and their advocate absent.
    Adv. Priyanka Bhandari for defendant No. 1 present.
    Adv. Dhiraj Ramchandani for defendant No. 2 present.
    Defendant No. 1, and 2 present.
    Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
    Adjd. to 18/01/2022 for Reply on NM.
    Next Purpose: REPLY
    Next Hearing Date: 18-01-2022
    
    Date: 25-11-2021
    Business: Plaintiff and their advocate absent.
    Adv. Priyanka Bhandari for defendant No. 1 present.
    Adv. Dhiraj Ramchandani for defendant No. 2 present.
    Defendant No. 1, and 2 present.
    Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
    Adjd. to 18/01/2022 for Reply on NM.
    Next Purpose: REPLY
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv Khatri for plff present.
    He filed reply to NM 306/2021. t.o.r.  Copy given to Adv for deft no. 2.  He is directed to serve copy of deft no. 2.
    Adv Priyanka Pande for deft no. 2 present.
    Heard Adv for both parties on NM 306/2021.
    F. R. S. R. following order is passed -
    ORDER
    (1) Notice of Motion No. 306/2021 is allowed and disposed of.
    (2) Written statement of defendant no.2 is taken on record and marked as Exh.7.
    Matter stands Adj for NM Hearing to 26/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv Sujay Prabhu for plff present.
    Adv Priyanka Bhandari for deft no. 1 present.
    Adv Priyanka Pande for deft no. 2 present.
    P. O. is busy in dictating Judgment in SU 2988/2004.
    Hence, matter stands Adj for NM Hearing to 12/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. Khatri for plaintiff present.
    He seeks time . Time granted as last chance.
    Adv. Amit Kumar Singh for defendant No.1 present.
    Adv. Dhiraj Ramchandani for defendant No.2 present.
    Adj for  NM hearing to 25/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 12-07-2022
    Business: Adv. Khatri for plaintiff present.
    He seeks time . Time granted as last chance.
    Adv. Amit Kumar Singh for defendant No.1 present.
    Adv. Dhiraj Ramchandani for defendant No.2 present.
    Adj for  NM hearing to 25/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Khatri for plaintiff present.
    Adv.  Amit Kumar Singh for defendant no. 1 present.
    Defendant no. 2 absent.
    kb.
    Heard both advocates for parties.
    FRSR following order passed :-
    Order
    1) Notice of Motion No. 345/2019 is hereby allowed.
    2)Defendant no. 1 and 2  are hereby restrained from causing obstruction in the lawful possession of plaintiff in the suit premises specifically described in plaint para 1 till the decision of suit.
    3) No order as to costs.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100951/2019
    Filing Date: 23-01-2019
    First Hearing Date: 12th February 2019
    Decision Date: 25th August 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Aug 2022

    Order Details: Notice of Motion Pdf Text: ORDER ..1.. MHCC010008682019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.345 OF 2019 IN S.C. SUIT NO.2638 OF 2018 Mohammed Rafique Mohammed Babula. … Plaintiff Versus. Salim Memon and another. … Defendants. Appearance: Adv. Khatri for plaintiff. Adv. Amit Kumar Singh for defendant no.1. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 25th August, 2022. ORAL ORDER Perused pleading and heard advocate for the parties. 2. I…

    Read Full Order

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