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NOTICE OF MOTION

Mohammed Karim Ibrahim ShaikhVsMohammed Aabid Ansari

CNR MHCC0100126320202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 27th November 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100493/2020
Registration Date
30 Jan 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 31-01-2020
Business: Adv. P. S. Tiwari for plaintiff present.
Adv. Vinay Bhorge for defendant present and filed registered Notice of Motion No.493 of 2020.
Copy be served upon plaintiff.
Adjourned for NM reply to 15.02.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Plff present.
Adv Parab for plff present.
Adv Atul Umekar for deft present.
He filed compilation of documents in support of NM. t.o.r.  Copy served to Adv for plff.
Adv for plff seeks time to file reply.  Granted as last chance.
Matter stands Adj for NM reply to 23/03/2020.
Next Purpose: REPLY
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 01-04-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 05-05-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: REPLY
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: None present.
Matter stands Adj for NM Hearing to 25/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv P. S. Tiwari for plff present.
Adv. Atul Umekar for deft present.
Adv for plff submitted that reply of NM is ready but his client
is out off station. Hence he seeks adjd. Granted as last chance.
Unaffirmed copy of NM reply is given to adv for deft.
Matter stands Adj for NM reply/ Hearing to 08.03.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021

Date: 25-02-2021
Business: Adv P. S. Tiwari for plff present.
Adv. Atul Umekar for deft present.
Adv for plff submitted that reply of NM is ready but his client
is out off station. Hence he seeks adjd. Granted as last chance.
Unaffirmed copy of NM reply is given to adv for deft.
Matter stands Adj for NM reply/ Hearing to 08.03.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. P. S. Tiwari for plaintiff present.
Plaintiff file reply to NM 493/2020.
Defendant present.
Matter stands Adj  to 07/04/2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. Reshmi Parab for plaintiff present.
Adjd for NM for hearing on 21.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv P. S. Tiwari for plff present.
None for deft.
Matter stands Adj for NM Hearing to 21/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv P. S. Tiwari for plff present.
Deft present and his Adv absent.
He submitted that his Adv met with an accident.
Hence matter stands Adj for NM Hearing to 18/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: Holiday declared on 16/10/2021 and 18/10/2021 as per office order 213 of 2021 dated 12/10/2021.
Hence board discharge and adjourned to 27/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv P. S. Tiwari for plff present.
Deft present.
Adv Atul Umekar for deft present.
Heard Adv for the plff and deft on Notice of Motion 493/2020.  It is for condonation of delay in filing written statement of the sole deft.  In paragraph no. 4 of affidavit in support of notice of motion, deft stated that on 18/12/2019, he engaged new Adv and handed over all papers to him. Present notice of motion is filed in January 2020.  Suit is for possession of flat and declaring the deft as trace passer. Considering the nature of the suit, matter needs to be decided on merits by giving fair opportunity the deft to contest the suit.  However the plff belatedly filing the written statement especially when the plff filed affidavit of his evidence in the year 2017 and the matter was fixed for cross-examination.  Under the facts and circumstance, notice of motion liable to be allowed subject to cost.
Hence F. R. S. R. following order is passed -
Order
1. Notice of Motion 493 of 2020 is allowed subject to cost of Rs. 15,000/- to be paid to the plff before next date.
2. After payment of cost, written statement of deft be taken on record and marked as exhibit.
3. Notice of motion no. 493 of 2020 is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 27-11-2021

Additional Case Details

Additional Case Details
Filing Number: 101404/2020
Filing Date: 30-01-2020
First Hearing Date: 31st January 2020
Decision Date: 27th November 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
27 Nov 2021

Order Details: Notice of Motion Pdf Text: 27.11.2021 27 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) SU 97/2016 @ NM 493/2020 Adv P. S. Tiwari for plff present. Deft present. Adv Atul Umekar for deft present. Heard Adv for the plff and deft on Notice of Motion 493/2020. It is for condonation of delay in filing written statement of the sole deft. In paragraph no. 4 of affidavit in support of notice of motion,…

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