Order Details: Notice of Motion Pdf Text: NM 555/18 in SU 258/18 .. 1 .. Order CNR No. MHCC010021042018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 555 OF 2018 IN SUIT NO. 258 OF 2018 Mohammad Gulam Rasool ...Plaintiff. V/s. Zia Apartments Cooperative Housing Society Ltd. ...Defendant. Appearances: Ld. Adv. Mr. Khan Javed Akhtar for plaintiff. Ld. Adv. Ms. J.P. Thakkar for all defendant. CORAM : HIS HONOUR JUDGE SHRI SADRUDDIN A. QUAZI (C.R.No.04) DATED…
SUIT - SHORT CAUSE CIVIL SUIT
Mohammad Gulam RasoolVsZia Apartments Co-operative Housing Society Ltd.
CNR MHCC01001314201866-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th June 2023
TrustJury record updated 08 Sept 2026
Case Overview
- Registration Number
- 100258/2018
- Registration Date
- 25 Jan 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 15-02-2018 Business: Plff. and his adv. absent. Adv. for deft. present. Exh.3 V/P filed by adv. for deft. t.o.r. Reply to N/M No.555/18 filed by adv. for deft. t.o.r. Matter is adjd. to 11.04.2018 for hearing on N/M No.555/18. Next Purpose: NM FOR HEARING Next Hearing Date: 11-04-2018 Date: 11-04-2018 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 28-06-2018 Date: 28-06-2018 Business: Plff. power of attorney holder is present. Adv. for deft. present. Deft. society Chairman is present. Plff. tendered registered N/M No.555/18 alongwith supporting affd. t.o.r. Matter is adjd. to 28.09.2018 for hearing on N/M No.555/18. Next Purpose: NM FOR HEARING Next Hearing Date: 28-09-2018 Date: 28-09-2018 Business: Adv. Javed Khan for pltff present. Adv. J.P. Thakkar for deft present. On request of Adv. for pltff, the matter is adjd. for hearing on NM to 29.10.18. Next Purpose: NM FOR HEARING Next Hearing Date: 29-10-2018 Date: 29-10-2018 Business: Adv. Khan Javed Akhtar for plff. present. Adv. for deft. present. Adv. for plff. tendered rejoinder in N/M No. 555/18 On request of Adv. for plff. Matter is adjd. to. 06.12.2018 for hearing on N/M No. 555/18 Next Purpose: NM FOR HEARING Next Hearing Date: 06-12-2018 Date: 06-12-2018 Business: Adv. Khan Javed Akhtar for plff. present. Adv. Thakkar for deft. present. kb L.O. at 4.30 p.m Same appearance Heard adv. for plff. and deft. on N/M No.555/18 Matter is adjd. to. 11.12.2018 for Order on N/M No.555/18 Next Purpose: NM ORDERS Next Hearing Date: 11-12-2018 Date: 11-12-2018 Business: Adv. for plff. present. Adv. for deft. present. F.R.SR following order is passed on NM 555/18 O R D E R 1.The Notice of Motion No.555 of 2018 is hereby partly allowed in following terms. (i) Temporary injunction, pending the hearing and disposal of the suit is hereby granted restraining the defendant from dispossessing of the plaintiff from the suit premises, with liberty to the defendant to move appropriate authorities under relevant law in case of violation of any rules and regulations and law by the plaintiff in respect of the use of the suit premises. (ii)Request to appoint Court Commissioner is hereby rejected. (iii)In these terms, the Notice of Motion stands disposed off accordingly. Matter is adjd. to. 02.02.2019 for W/S Next Purpose: WRITTEN STATEMENT Next Hearing Date: 02-02-2019 Date: 02-02-2019 Business: plff. and his adv. absent. Adv. for deft. present. Adv. for deft. has submits that copy of plaint is not served on the deft. Hence, the plff. to serve the writ of summons and file report on next date. Matter is adjd. to. 19.03.2019 for filing service of writ of summons. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 19-03-2019 Date: 19-03-2019 Business: plff. and his adv. absent. deft. and his adv. absent. As plff. is absent, Matter is adjd. to. 24.06.2019 for report of service of writ of summons. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 24-06-2019 Date: 24-06-2019 Business: Court is busy in dictating Judgment in suit no.3522/2012 which is Supreme Court Time bound matter, hence case is adjourned to 04/09/2019. L.O. Advocate Mr. Khan Javed Akhtar for Plaintiff present Advocate Mr. Nandlal Manek h/f Ms. J. P. Thakkar for Defendant present and filed Written Statement for Defendant, t.o.r. Defendant to serve copy of Written Statement upon other side. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 04-09-2019 Date: 04-09-2019 Business: Matter called out(12.52pm) Plaintiff in person present. Plaintiff seeking time. Time granted. Defendant and his advocate absent. Matter adj for affidavit of service on 11/11/19. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 11-11-2019 Date: 11-11-2019 Business: Matter called out(12.04pm) None present for plaintiff. Adv.Manjeet Choithari h/f J.P.Thakkar for defendant present. Defendant to file service report. Matter is adj to 13/01/2020 for service report. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-01-2020 Date: 13-01-2020 Business: P.O. is on Leave. Adj. to 26-03-2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 26-03-2020 Date: 26-03-2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-04-2020 Date: 07-04-2020 Reason For Adjournment: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-04-2020 Date: 18-04-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 29-05-2020 Date: 29-05-2020 Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-06-2020 Date: 16-06-2020 Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19) Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-09-2020 Date: 10-09-2020 Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19). Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 04-12-2020 Date: 04-12-2020 Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 30-03-2021 Date: 30-03-2021 Business: Adv. Amit Jaiswar for plaintiff present. None for defendants. In view of office order No. 64/2021 dtd. 29.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the plaintiff. Adjd to 06.07.2021 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-07-2021 Date: 06-07-2021 Business: Nobody present. Due to COVID-19 pandemic, matter is adjourned. Adjd for affidavit of service to 26/08/2021 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 26-08-2021 Date: 26-08-2021 Business: At 11.44 am None for both parties The written statement is filed on 24.06.2019 therefore now the suit is for framing issues. Though in the Written statement is marked as Exh.4 but not shown in roznama dt. 24.06.2019. Hence note be taken accordingly. Adjd for framing issues to 01/12/2021 Next Purpose: FRAMING ISSUES Next Hearing Date: 01-12-2021 Date: 01-12-2021 Business: Dt.01/12/2021 Suit 258/18 IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04 Court is busy in hearing Suit No.312/1990 hence, matter is adjd for framing issues to 15/01/2022. Next Purpose: FRAMING ISSUES Next Hearing Date: 15-01-2022 Date: 15-01-2022 Business: Court is on leave Next Purpose: FRAMING ISSUES Next Hearing Date: 16-02-2022 Date: 16-02-2022 Business: BY PRECEIPE O- Allowed. Adv. Pankaj Pandey filed vakalatnama on behalf of plaintiff. T.O.R. O- Filed Adv. For plaintiff tendered draft contempt notice of motion along with affidavit in support. O- Leave granted to register notice of motion. Already adjd to 19/03/2022 Next Purpose: FRAMING ISSUES Next Hearing Date: 19-03-2022 Date: 19-03-2022 Business: None present when called at 2.48 pm Registered notice of motion is not filed. Adjd for compliance to 22/04/2022 Next Purpose: COMPLIANCE Next Hearing Date: 22-04-2022 Date: 22-04-2022 Business: Dt.22/04/2022 Suit 258/18 NM 957/22 IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66 Adv. Atul Pathak for plaintiff present. Adv. Nandesh M. h/f J.P. Thakkar for defendant present. Plaintiff present. Adv. Plaintiff filed register contempt notice of motion no-957/22 along with affidavit in support. TOR. Adjd for affidavit of service to 12-07-2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 12-07-2022 Date: 12-07-2022 Business: None for plaintiff. None for defendant Matter is adjd. to 08-09-2022 for affidavit of service regarding NM by plaintiff. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 08-09-2022 Date: 08-09-2022 Business: Court is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-11-2022 Date: 07-11-2022 Business: Adv. Seema Pandey for plaintiff present. None for defendant Matter is adjd.to 13-01-2023 for affidavit of service regarding NM by plaintiff Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-01-2023 Date: 13-01-2023 Date: 08-03-2023 Business: Adv. Bhumi Kansara for plaintiff present. None for defendants. Matter is adjd.to 06-06-2023 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-06-2023 Date: 06-06-2023 Business: None for plaintiff present. None for defendant present. Matter adjourned for affidavit of service to 07/08/2023. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 28-06-2023 Date: 28-06-2023 Business: By precipe. Application filed by adv. For plaintiff taken on record and marked as Exh 5 Adv. Seema Pandey h/f Pankaj Pandey for plaintiff present. Plaintiff present. None for defendant. Advocate for plaintiff tendered the pursis for withdrawal of suit and marked as Exh 6 TOR. It is unconditional withdrawal of the suit and not seek any liberty to file another suit. therefore plaintiff is permitted to withdrawal of suit. Hence following order Order 1) Suit bearing no. 258 of 2018 is disposed off as withdrawn. 2) All pending application in the suit are also disposed off. 3) Notice of Motion no. 957 of 2022 is disposed off. 3) Court fees be return as per rules. Nature Of Disposal: WITHDRAWL Disposal Date: 28-06-2023
Additional Case Details
Additional Case Details
Filing Number: 101408/2018 Filing Date: 23-01-2018 First Hearing Date: 15th February 2018 Decision Date: 28th June 2023 Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE
Orders
4Final Order 228 Jun 2023
28 Jun 2023
Order Details: Other Pdf Text: 28/06/2023 SR. NO. 36 CORAM : HIS HONOUR JUDGE SHRI. S. D. KULKARNI (C. R. No. 66) SU 258/2018 Exh 5 Exh. 6 By precipe. Application filed by adv. For plaintiff taken on record and marked as Exh 5 Adv. Seema Pandey h/f Pankaj Pandey for plaintiff present. Plaintiff present. None for defendant. Advocate for plaintiff tendered the pursis for withdrawal of suit and marked as Exh 6 TOR. It is unconditional withdrawal of the suit and not seek any liberty to file another suit. therefore plaintiff is permitted to withdrawal of suit. Hence following order:- Order 1) Suit bearing no. 258 of 2018 is disposed off as withdrawn. 2) All pending application in the suit are also disposed off. 3) Notice of Motion no. 957 of 2022 is disposed off. 3) Court fees be return as per rules. Judge -- 1 of 1 --
Interim Order 1Full order available
11 Dec 2018
Order 228 Jun 2023
28 Jun 2023
Order Details: Other Pdf Text: 28/06/2023 SR. NO. 36 CORAM : HIS HONOUR JUDGE SHRI. S. D. KULKARNI (C. R. No. 66) SU 258/2018 Exh 5 Exh. 6 By precipe. Application filed by adv. For plaintiff taken on record and marked as Exh 5 Adv. Seema Pandey h/f Pankaj Pandey for plaintiff present. Plaintiff present. None for defendant. Advocate for plaintiff tendered the pursis for withdrawal of suit and marked as Exh 6 TOR. It is unconditional withdrawal of the suit and not seek any liberty to file another suit. therefore plaintiff is permitted to withdrawal of suit. Hence following order:- Order 1) Suit bearing no. 258 of 2018 is disposed off as withdrawn. 2) All pending application in the suit are also disposed off. 3) Notice of Motion no. 957 of 2022 is disposed off. 3) Court fees be return as per rules. Judge -- 1 of 1 --
Order 1Full order available
11 Dec 2018
Order Details: Notice of Motion Pdf Text: NM 555/18 in SU 258/18 .. 1 .. Order CNR No. MHCC010021042018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 555 OF 2018 IN SUIT NO. 258 OF 2018 Mohammad Gulam Rasool ...Plaintiff. V/s. Zia Apartments Cooperative Housing Society Ltd. ...Defendant. Appearances: Ld. Adv. Mr. Khan Javed Akhtar for plaintiff. Ld. Adv. Ms. J.P. Thakkar for all defendant. CORAM : HIS HONOUR JUDGE SHRI SADRUDDIN A. QUAZI (C.R.No.04) DATED…
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