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NOTICE OF MOTION

Arham Azhar Hussain Shaikh Suit St.No. 1339 of 2019VsRehmat Sajid Ali Shaikh

CNR MHCC0100196620199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 04th November 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100753/2019
Registration Date
21 Feb 2019

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: 01-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: N/M DISPOSED OFF
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    
    Date: 13-08-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. Gajanan Shinde for plaintiff present. Adv. Setna for defendant No.4 present. Inspite of roznama dated 18/02/2020, the plaintiff filed to file service affidavit of defendants No.1 and 5. The defendant No.2 and 3 are appeared on record. But, till today not filed WS. Therefore, suit to proceed without their WS. Advocate of plaintiff submitted that NM No.753/2019, is pending for hearing. On perusal of record it appears that NM is not listed on board. The roznama dated 27/02/2019 shows that on that day the NM was shown pending. Therefore, NM be restored and kept for hearing on next date. Matter is adjd. to 13/10/2021 for NM No.753/2019 hearing/service of affidavit.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv. Sambhaji Kharatmol  for plaintiff.
    Adv. Nanke for the defendant No.4 present.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.5 present.
    Matter is adjd. to 10/01/2022 for service of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None present
    Matter is adjd. to 19.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Adv Nikhil Patil for plaintiff present.
    Adv Ms.Saraf for defendant no.4 present.
    Adv Pathak H/f Adv Kandekar present for MHADA/ defendant no.5
    Matter is adjd. to 09.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Manasi for Deft. No. 4 present.
    Adv. J.H. Dhorajiwala for Deft.No. 2 and 3 present.
    Adv. Kandekar for Deft. No. 5 present.
    None for remaining defendants.
    By consent matter is adjd. to 20-04-2022 for hearing N/m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. Sambhai Kharatmol for plaintiff present.
    Adv. Dhorajiwala for defendant nos. 2 and 3 present.
    Adv. Gauri Tyagi for defendant no.4 present.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Ld. Adv. for defendant nos. 2 and 3 submits that plaintiff has issued letter to defendant no. 4 for stopping payment of interim rent to defendant nos. 2 and 3. There is no order of this Court to that effect. Ld. Adv. for defendant no. 4 submits that she wants to file certain additional documents on record and seeks adjournment. In the circumstances the matter is adjourned for N/m hearing.
    Matter is adjd. to 09-06-2022 for N/m hearing as last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Adv. Nikhil Patil for plaintiff present.
    Adv. Dhorajiwalla for defendant no. 2 and 3 present.
    Adv.Gouri for defendant no. 4 present and file draft  Ch/s along affidavit in support-O- leave is granted the same. Serve other side.
    One more chance granted for hearing N/m.If plaintiff fail to hearing necessary order will be pass against plaintiff.
    Defendant no. 4 serve copy of draft Ch/s on all party.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd. to 22-07-2022 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. for plaintiff absent.
    Adv Pathak H/f Adv Kandekar present for MHADA/Def.tno. 5.
    Adv. J.H. Dhorajiwalla for defendant no. 2 and 3 present.
    Adv. Alana for Defendant No. 4 present. He filed VP - Exh.06.
    Adv. for deft.no. 4 requested to extend the time to register the ch/s which was filed on earlier date. Time extended till next date.
    Perusing record it appears that last chance was granted to the plaintiff on 20.04.2022. Thereafter matter is kept for 09.06.22 on that day the one more chance was given for hearing.
    KB for hearing.
    Adv. Nikhil Patil for plaintiff present.
    Matter is adjd. to 10.08.2022 for hearing, but the plaintiffs advocate Nikhil Patil and other parties obtained dated from sheristedar, without leave of the court.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Nikhil Patil I/b Adv. Gajanan D. Shinde for plaintiff present.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 5.
    Adv. S.R. Alana for defendant No.4 present.
    Read the ch/s no. 1117/22 no objection to grant the ch/s. The deft. no. 4 want to amend the WS. Considering the nature of amendment and no objection given to plaintiff.
    For the interest of justice, it will better to pass the following order.
    Ch/s No. 1117/22 is hereby allowed.
    The deft.no. 4 is directed to carry out amendment before next date in his WS and copy of amended WS be supply to the plaintiff.
    Matter is adjd. to 29.09.2022 for compliance by defendant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Gajanan Shinde for plaintiff present.
    Adv. S. R. Allana for Deft.No. 4 present and he seeks time to carry out amendment. Time extended.
    Adv. Dhorajiwala for deft.no. 2 and 3 present.
    Matter is adjd. to 10.10.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Gajanan Shinde for plaintiff present.
    Adv. S.R. Alana for defendant No.4 present.
    Matter is adjd. to 24.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As court is busy in dictating order in NM No. 1879/2016 in suit No. 982/16, order on Exh. 6 in Suit No. 2449/21 and hearing arguments in Suit No. 1078/2022. Hence, board is discharged. Hence, Matter is adjd. to 20.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: court is on leave. Hence Board is discharge and matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Nikhil Patil a/w Adv. Gajanan Shinde for plaintiff present.
    Adv. Kandekar for defendant No. 5/MHADA present.
    Adv. S.R. Alana for defendant no. 4 present.
    Matter is adjourned to 09.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: Adv. Mr. Nikhil Patil a/w Adv. Ganjanan Shinde for the plaintiff is present.
    Defendant Nos. 2 and 3 is present in person.
    None present for defendant Nos. 1 and 5.
    Adv. Mr. Akhil Nene for defendant No. 4 is present.
    Advocate for plaintiff insisted for hearing on NM. However,  defendant Nos. 2 and 3 submitted that their advocate is today not available and prayed for adjournment. Hence, adjournment granted for today only.
    Adjourned for NM hearing to 03.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Mr. G.D. shinde for the plaintiff is present.
    Defendant No. 2 is present.
    Adv. Mr. Akhil Nene for defendant No. 4 is present.
    Adv. Ms. Kandekar for defendant No. 5/MHADA is present.
    Defendant No. 2 submits that today, his advocate is unwell and he not available to come in the Court and prayed for adjournment.
    Adjourned for NM hearing to 03.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. Mr. Nikhil Patil a/w Adv.  Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhorajiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. Akhil Nene a/w Adv.  Yogini Barde for defendant No. 4 is present.
    Adv. Ms. Harshita Darji h/f Adv. Kandekar for defendant No. 5/
    MHADA is present.
    Matter is adjourned to 22.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Mr. Nikhil Patil for the plaintiff is present.
    Adv. Mr. J.H. dhorajiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. Alana for defendant No. 4 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5 /MHADA is present.
    Matter is adjourned to 06.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. Alana for defendant No. 04 is present.
    KB LO at 05:20 pm.
    Adv. Mr. Arhan Shaikh for defendant Nos. 2 and 3 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5 /MHADA is present.
    Matter is adjourned to 16.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Adv. Mr. Patil a/w Adv.  Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhoragiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. S.R. Alana for defendant No. 4 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5/
    MHADA is present.
    As the Court is busy in other matters. Hence, matter is adjourned.
    Matter is adjourned to 18.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Plaintiff is present.
    Adv. Mr. Patil a/w Adv. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhoragiwalla for defendant Nos. 2 and 3 is present and filed Written Submission TOR. Copy served to other side.
    Adv. Mr. S.R. Alana for defendant No. 4 is present.
    Heard both sides on NM No.753 /2019.
    Matter is adjourned to 05.10.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhorajiwalla for defendant No. 2 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5 /MHADA is present.
    As the Court is busy hearing in NM No. 2022/2010. Hence, board is discharged.
    Matter is adjourned to 23.10.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Horagiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. Kabir for defendant No. 4 is present.
    Adv. Ms. Kandekar for defendant No.5 /MHADA is present.
    Matter is adjourned to 04.11.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Adv. Ms. Ekta Mistry h/f Adv. Gajanan Shinde for the plaintiff is present.
    Adv. Ms. Harsida Darji h/f Adv.Kandekar for defendant/MHADA is present.
    Defendant No.11 is present.
    For reason separately recorded, the following Order is passed on NM 753 of 2019.
    Order.
    Notice of Motion No. 753 of 2019 stands dismissed with costs and disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101944/2019
    Filing Date: 21-02-2019
    First Hearing Date: 01st February 2019
    Decision Date: 04th November 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    04 Nov 2023

    Order Details: Notice of Motion Pdf Text: 1 MHCC010019662019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 753 OF 2019 IN SUIT NO. 2244 OF 2019. Arham Azhar Hussain Shaikh ]..Plaintiff. V/s. Rehmat Sajid Ali Shaikh and ] others. ]..Defendants. Advocate Mr. Patil alongwith Advocate Mr. Gajanan Shinde for the plaintiff. Advocate Mr. J.H. Dhoragiwalla for defendant Nos.2 and 3. Advocate Mr. S. R. Alana for defendant No.4. Advocate Ms. Harshida Darji h/f Advocate Mr. Kandekar…

    Read Full Order
    Interim Order 1
    27 Feb 2019
    Order Details: Other
    Pdf Text: Disposed off
    -- 1 of 1 --
    Order 1
    27 Feb 2019
    Order Details: Other
    Pdf Text: Disposed off
    -- 1 of 1 --

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