Order Details: Notice of Motion Pdf Text: 1 NM-509-2020 in SU-324-2020 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.509 OF 2020 (CNR No.MHCC01-001335-2020) IN SUIT NO.324 OF 2020. (CNR No.MHCC01-001039-2020) Mohammed Sajid Mohammad Hanif Ansari }...PLAINTIFF. Versus Ansari Mohammed Yunus Mohammed Hanif & Ors.}...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Kapil Shetye, learned advocate for the plaintiff. Shri.Agrawal, learned advocate for defendant No.1. Nobody appeared for defendant Nos.2 to 8. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) ----------------------------------------------------------------------------------------- O R A…
NOTICE OF MOTION
Mr. Mohammed Sajid Mohammad Hanif Ansari - Through Shivshankar LatureVsMr Ansari Mohammed Yunus Mohammed Hanif
CNR MHCC01001335202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd May 2022
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100509/2020
- Registration Date
- 01 Feb 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 03-02-2020
Business: Advocate Mr. Kapil Shetty for Plaintiff present and additional affidavit of Plaintiff, t.o.r. He also filed registered Notice of Motion no.509/2020 with affidavit in support, t.o.r.
Advocate Mr. Jitesh Agrawal for Defendant no.1 present filed short reply to Notice of Motion, t.o.r.
Advocate Mohan Salian for Defendant no.3 and 4 present and filed vakalatnama, t.o.r. and sought time to file NM reply.
Plaintiff advocate submitted that let Defendant no.3 and 4 file NM reply thereafter arguments about NM may be heard. Considering submissions adjourned.
Case is adjourned to 02/03/2020 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Advocate Kapil Shetty for Plaintiff present
Intern advocate Anjuni h/f adv. Jitesh Agrawal @ Defendant no.1 and 2 present
Advocate Kavita Bhagvat for Defendant no.3 and 4 present and filed NM reply, t.o.r. Copy served upon Plaintiff\''s advocate and advocate for Defendant no.1 as well as Defendant no.1 and 2 in person.
Case is adjourned to 09/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: In view of lockdown case is adjd. to 04.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 09-06-2020
Business: In view of lockdown case is adjd. to 04.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Adv. kapil shettye for plaintiff present.
Defendant absent. Matter is adj to 29/09/2020
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
Adv. Shri. Jitesh Agarwal for Defendant No.1 present..
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv.Akash Darji for defendants.
None present for Plaintiff.
K.B. At 2.00 p.m.
L.O. at 2.25 P.M.
Adv. Kapil Shetye for plaintiff present and filled 2 affidavits of Rejoinders to Notice of Motion reply filed by defendants no. 1 and defendants 2 and 4. T.O.R. Plaintiff\''s advocate submitted that copies of rejoinders are already served upon those defendants.
Hence case is adjourned to 06/01/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv Mr. Kapil Shetye for Plaintiff present
Adv Ms. Kainat Shaikh for Defendant no.1 and 2 present and seeks adjournment by submitting that her senior advocate is unable to attend this Court today. Learned advocate for Plaintiff requested for short date if next date is given. By consent, matter is adjd. for argument on Notice of Motion No. 509/2020 ot 11.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv Mr. Kapil Shetye for Plaintiff present.
Adv Mr. Jitesh Agarwal for Defendant No.1 present.
Learned advocate for Plaintiff requested to grant interim relief in favour of the Plaintiff restraining the Defendant No.1 from creating third party interest in the suit premises. Learned advocate for Defendant No.1 submitted that he wants to file sur-rejoinder and Defendant No.1 will not create third party interest in suit premises till next date. He also submitted that def No.1 has already received possession of suit premises from the developer.
By consent, matter is adjd. for filing sur-rejoinder by Defendant No.1 and for hearing on Notice of Motion to 26.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. ShriKapil Shetty for plaintiff present.
None present for defendant.
KB
LO
Adv. Jitesh Agrawal for defendant present.
As court is busy in hearing argument in SU No.2731 of 2018 hence, matter adjourned to 22.04.2021. Earlier order if any to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv Mr. Kapil Shetye for plff present.
Adv Mr. Agrawal for deft No.1 present and seeks adjournment for filing sur-rejoinder in NM No.509/2020 by submitting that deft No.1 will not create third party interest in the suit premises till next date.
Matter is adjd. for NM hearing to 13.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv Mr. Kapil Shetye present for plff.
Adv Mr. Agarwal present for deft. and filed sur-rejoinder in NM No.509/2020. Copy served on the adv. for the plff.
Adv. for the deft continued his earlier statement.
By consent, matter is adjd. for NM hearing to 03.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Kapil Shetye for plff. present.
Adv. Smt. Jignesha for deft. present and seeks adjournment by submitting that the statement made earlier is continued till next date.
By consent, matter is adjourned for hearing to 10.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Kapil Shetye for plaintiff present and filed reply to sur-rejoinder filed by defendant No.1 alongwith documents. Copies served on the advocate for the defendant.
Adv. Agrawal for defendant present and submitted that statement made previously is continued till next date.
By consent, matter is adjourned for NM hearing to 07.03.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv Mr. Kapil Shetye for plff preesnt.
Adv Ms. Sunaina present for deft No.1 and seeks adjournment.
None present for other defts.
Adv for deft No.1 submitted that statement made previously is continued till next date.
By consent, matter is adjd. for NM hearing to 05.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv Mr. Kapil Shetye present for plff.
Adv Mr. Jitesh Agarwal present for deft.
K.B.
L.O.at 3.55 p.m.
Same appearance as above.
Adv for deft filed pursis that deft No.1 has received possession and deft No.1 is in possession of suit premises since year 2021. Copy given to the adv for plff. Adv for deft seeks adjournment.
Adv for plff objected for adjournment however, since adv for deft No.1 submitted that he wants to produce certain more documents, adjournment as a last chance is granted.
By consent, matter is adjd. for NM hearing to 20.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv Mr. Kapil Shetye present for plff. and produced one document with list in NM No.509/2020.
Adv Mr. Jitesh Agarwal present for deft. No.1 and produced one document in NM No. 509/2020.
None present fo other defts.
Heard arguments of adv fo plff. in NM no. 509/2020.
Heard argument partly adv for def No. 1 in said NM.
Adv for deft No. 1 seeks time to file case laws.
Matter is adjd. for filing case laws to 29.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Adv. Shete for plaintiff present.
Adv. Jitesh Agarwal for D1 present and filed additional affidavit of defendant No.1 in NM No.509 of 2020.
Copy given to the advocate for the plaintiff.
Advocate for plaintiff submitted that he will file counter affidavit on next date.
By consent, matter adjourned for Order NM in 02/05/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv Mr. Kapil Shetye present for plff. and filed additional affidavit in NM No.509/2020. Copy is already given to the other side.
He also filed four case laws in support of his argument in NM No.509/2020.
K.B.
L.O. at 3.55 p.m.
Adv Mr. Kapil Shetye present for plff.
Adv Mr. Agarwal for deft present and filed affidavit in rejoinder in NM No.509/2020.
K.B.
L.O. at 5.40 p.m.
Same appearance as above.
By consent, matter is adjd. for further NM argument to 06.05.2022 at 2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv Mr. Kapil Shetye present for plff.
Adv Mr. Agarwal present for deft.No.1 and filed case laws with Index in support of his argument in NM No.509/2020.
Heard further arguments in NM No.509/2020.
Today’s is the last day before summer vacation. Advocate for parties submitted that matter may be taken up during summer vacation for NM order. Since it is not possible to pass order in NM today, on request of the adv for the parties, matter will be taken up for NM order during summer vacation.
Matter is adjd. for NM order to 23.05.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 23-05-2022
Date: 23-05-2022
Business: Adv. Nikhil Gole with Adv. Mugdha Bhosale h/f. Adv. Kapil Shetye for plff. present.
None present for deft.
FRSR following order is passed in NM No.509 of 2020.
ORDER
NM No.509 of 2020 is partly allowed in terms of its prayer clause(b) only.
------------------
Advocate for plaintiff seeks time to serve the defendants with writ of summons.
Matter is adjd. for service of writ of summons to 28/06/2022.
Authenticated copy of this roznama be given to advocate for the plaintiff as per rules.
Judge
Nature Of Disposal: ALLOWED
Disposal Date: 23-05-2022Additional Case Details
Additional Case Details
Filing Number: 101473/2020 Filing Date: 01-02-2020 First Hearing Date: 03rd February 2020 Decision Date: 23rd May 2022 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
23 May 2022
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.