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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay 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

    4
    Final Order 2
    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 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…

    Read Full Order
    Order 2
    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…

    Read Full Order

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