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CASE DISPOSED
Contested--ALLOWED
Decision Date: 07th March 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100429/2020
Registration Date
28 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: 17-02-2020
    Business: Advocate for plaintiff present.
    Advocate Riddhi Shah I/b Apex Law Partners for defendant no. 5(a) to (e) present.
    K/B
    Advocate Kandekar for Mhada filed registered N/M No.429/2020 the applicant is directed to served plaintiff and defendants.
    Adj for N/M Hearing to 18/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Nobody present.
    As per office order No. 60 of 2020 dt. 16.03.2020 in view of declaration of Novel Corona virus COVID-19, suit is adjourned.
    Adjd for NM hearing to 05/05/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv. Pathak h/f Pande for plaintiff present.
    None for defendant.
    Today matter is for NM hearing.
    He seeks time for NM hearing.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Hence, time granted till next date.
    Matter adjd for NM hearing to 14-01-2021.
    L.O. at 2.38 pm
    Adv Riddhi for defendant no. 5a to 5e present.
    Matter adjd for NM hearing to 14-01-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Chandekar for applicant/ MHADA present.
    None for plaintiff.    None for defendant.
    Today matter is for NM hearing.
    Perused record. He states he served copy of NM to the plaintiff on 17-02-2020 and ready to serve NM to plaintiff and defendant.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for serving copy of NM to plaintiff and defendant and filing service affidavit to 18-02-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Satamkar h/f Kandekar for applicant present.
    None for plaintiff
    Adv. Riddhi Shah for defendant no. 5a to 5e present.
    Today matter is for service affidavit.
    He seeks time to file service affidavit about serving copy of NM to plaintiff and defendant.
    Today copy of NM is served to adv of defendant no. 5a to 5e in the court today.
    Matter adjd for service affidavit to 19-04-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the  Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: None present.
    Matter adjd for affidavit of service to 26-10-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Kandekar for applicant present.
    None for respondent.
    Matter adjd for Service affidavit to 09.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-12-2021
    
    Date: 26-10-2021
    Business: Adv. Kandekar for applicant present.
    None for respondent.
    Matter adjd for Service affidavit to 09.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv. Pathak for Applicant/plaintiff present.
    Adv.  for defendant present.
    KB.
    Later on at 3:35 PM.
    Exh: 5 Service affidavit of motion. O – Seen.
    Defendant failed to file reply on motion.
    Hence to proceed without reply of defendant.
    Matter adjd for NM hearing to 28.01.2022.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 09-12-2021
    Business: Adv. Pathak for Applicant/plaintiff present.
    Adv.  for defendant present.
    KB.
    Later on at 3:35 PM.
    Exh: 5 Service affidavit of motion. O – Seen.
    Defendant failed to file reply on motion.
    Hence to proceed without reply of defendant.
    Matter adjd for NM hearing to 28.01.2022.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 11-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Adv. Pathak for Applicant present.
    None present for plaintiff.
    None present for defendant.
    Heard Ld. Adv. for applicant. Matter be kept for order of NM.
    Matter Adjd for NM Order on 07/03/2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-03-2022
    
    Date: 21-02-2022
    Business: Adv. Pathak for Applicant present.
    None present for plaintiff.
    None present for defendant.
    Heard Ld. Adv. for applicant. Matter be kept for order of NM.
    Matter Adjd for NM Order on 07/03/2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Pooja Narvekar for plaintiff present.
    None present for defendant.
    Adv. Pathak for applicant present.
    F.R.S.R. following order in Notice of Motion No.429 of 2020 in S. C. Suit no.8958 of 1999 is passed-
    ORDER
    1. The Notice of Motion No.429 of 2020 is allowed .
    2. The applicant Mhada is allowed  to inspect the suit building i.e. Cess Building (1,2 and 5) i.e. Kondaji Chawl, J. W. Road, Parel, Mumbai- 400012 and to take measurement of the rooms occupied by the Occupants/tenants and the shop premises as per rules.
    3. The Court Receiver shall allow the Applicants/their office/representative to take measurement of premises/shops as per rules.
    4. The applicant Mhada shall inform the court receiver accordingly.
    5. The applicant shall bear the costs of Motion and measurement.
    Matter Adjd for compliance on 21/04/2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 07-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101249/2020
    Filing Date: 28-01-2020
    First Hearing Date: 17th February 2020
    Decision Date: 07th March 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Mar 2022

    Order Details: Notice of Motion Pdf Text: MHCC010010722020 CNR NO. MHCC010010722020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.429 OF 2020 IN SUIT NO.8958 OF 1999 (HIGH COURT SUIT NO.3836 OF 1999) The Maharashtra Housing Area & ] Development Authority ]...Applicant Mulla Shabribhai Shaikh ] Abbdul Hussain Ghadiali and Ors. ]… Plaintiff. V/s. Abbasbhai Shaikh Abdul Hussain ] Ghadiali and Ors. ]... Defendants. Appearances : Ld. Adv. Mr. Pathak for Applicant. Ld Adv. Niddhi Salian for…

    Read Full Order

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