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NOTICE OF MOTION

Shaikh Abdul Malik Abdul Rub and Ors. Suit Stamp No. 2867/2018VsShaikh Kifayatullah Karamatullah and Ors.

CNR MHCC0100283420185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 27th November 2019

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100795/2018
Registration Date
26 Feb 2018

Advocates

1

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: 28-02-2018
    Business: Adv. Ghaswala for plaintiff present and tendered original notice of motion no.795/2018 along with affidavit, taken on record
    Adv. Ms. Oneza Shaikh for D-1 present and filed affidavit in reply to the NM No.795/2018, taken on record
    Copy served to the Ld. Counsel for plaintiff.
    Ld. Counsel for plaintiff undertakes to file affidavit of service. The earlier order to continue till the next date.
    Matter adj. for Affidavit of Service and NM Hearing to 20.06.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Matter adj. for Compliance and Rejoinder to 28.09.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: Earlier order if any to continue till the next date.
    Adjd for NM Replyrejoinder  to 16.11.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2018
    
    Date: 16-11-2018
    Business: Resumed.
    Adv. Salma Ghaswala for plaintiff tendered affidavit of service and writ of summons. TOR.
    Exh. 3 - Adv. N. A. Ghatte for def. no. 1 file a pursis for adopting the affidavit in reply as written statement.
    Copies are served on Plaintiff.
    Adv. Ghaswala has no objection to defendant no. 1 adopting the affidavit in reply as w.s.  Accordingly read and recorded.
    Exh. 4 - Written statement. O- R and R.
    Adjd for appearance of def. Nos. 2 to 4 to 09.01.2019.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Resumed.
    Adv. Vikas Talreja for plaintiff and Adv. Pradip Patil h/f Adv. Ravade for MCGM are present.
    
    ORDER -
     In spite of due service of writ of summons on def. nos. 3 and 4 vide report and affidavit of service Exh. 5 and 6, the def. no. 3 and 4 have not appeared.  The suit be heard ex-parte against the def. no. 3 and 4.
    Adjd for w.s. of def. no. 2 MCGM to 12.03.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: P.O. is on half day (First sessions) leave. Hence board is discharged.
    Matter adjd. to 30.4.19 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mr.Dhumale for defendant/MCGM present.
    WS not filed.
    Matter adjd to 06.07.2019 for WS/Order.LO
    Adv.Salma Ghaswala for plaintiff present.
    Matter adjd to 06.07.2019 for WS/Order.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: Adv.Salma Ghaswala for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 08.08.2019 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Adv.Ghaswala for plaintiff present.
    Adv.Meena Dhuri for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    As Court is busy in dictating judgment in SC 774/2013, hence, board discharged.
    Matter adjd to 19.09.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Plaintiff absent and Adv. Ms. Salma present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Adv. Ms. Shaikh for defendant present.
    Matter adjd to 05/10/2019 for hrg.on n/m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-10-2019
    
    Date: 19-09-2019
    Business: Plaintiff absent and Adv. Ms. Salma present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Adv. Ms. Shaikh for defendant present.
    Matter adjd to 05/10/2019 for hrg.on n/m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Plaintiff present and absent.
    Adv. Mrs. Dhuri for defendant/MCGM present.
    Adv. Mr. Gatte for defendant present.
    Matter adjd to 07/11/2019 for hrg.on n.m
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Plaintiff and Adv. Ms. Salma present.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Adv. Mr. Gatte for defendant no.1 present.
    Heard arguments.
    Matter adjd to 18/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 18-11-2019
    
    Date: 07-11-2019
    Business: Plaintiff and Adv. Ms. Salma present.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Adv. Mr. Gatte for defendant no.1 present.
    Heard arguments.
    Matter adjd to 18/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Plaintiff absent and Adv. Mr. Gatte present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Adv. For defendant present.
    As Court is busy in recording evidence, hearing arguments, passing orders and misc. work.
    Matter adjd to 22/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 22-11-2019
    
    Date: 18-11-2019
    Business: Plaintiff absent and Adv. Mr. Gatte present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Adv. For defendant present.
    As Court is busy in recording evidence, hearing arguments, passing orders and misc. work.
    Matter adjd to 22/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Plaintiff absent and Adv. Ms. Salma Ghaswala present.
    Adv. Mr. Patil  for defendant/MCGM present.
    As Court is busy in hearing arguments, passing orders and misc. work hence,
    Matter adjd to 26/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 26-11-2019
    
    Date: 22-11-2019
    Business: Plaintiff absent and Adv. Ms. Salma Ghaswala present.
    Adv. Mr. Patil  for defendant/MCGM present.
    As Court is busy in hearing arguments, passing orders and misc. work hence,
    Matter adjd to 26/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. For plaintiff present.
    Adv. Mrs. Dhuri/Rawade  for defendant/MCGM present.
    As Court is busy in recording evidence, hearing arguments and  misc. work hence,
    Matter adjd to 27/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 27-11-2019
    
    Date: 26-11-2019
    Business: Adv. For plaintiff present.
    Adv. Mrs. Dhuri/Rawade  for defendant/MCGM present.
    As Court is busy in recording evidence, hearing arguments and  misc. work hence,
    Matter adjd to 27/11/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. For plaintiff present.
    Adv. Mr. Patil  for defendant/MCGM present.
    F. R. S. R. Following order is passed on Notice of Motion No. 795/2018 -
                                   O R D E R
    The Notice of Motion No.795/2018 is dismissed.
    Matter adjd to 18/01/2020 for W/st.
    Nature Of Disposal: DISMISSED
    Disposal Date: 27-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103155/2018
    Filing Date: 26-02-2018
    First Hearing Date: 28th February 2018
    Decision Date: 27th November 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    27 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 795-18 in Suit No. 1102-18 CNR NO.MHCC0100283418 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 795 OF 2018 IN L.C. SUIT NO. 1102 OF 2018 Shaikh Abdul Malik Abdul Rub & Ors. …...Plaintiffs Versus Shaikh Kifayatullah Karamatullah & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 27th November, 2019. Appearance: Ld. Adv. Ghaswala for plaintiff. Ld. Adv.…

    Read Full Order
    Order 1Full order available
    27 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 795-18 in Suit No. 1102-18 CNR NO.MHCC0100283418 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 795 OF 2018 IN L.C. SUIT NO. 1102 OF 2018 Shaikh Abdul Malik Abdul Rub & Ors. …...Plaintiffs Versus Shaikh Kifayatullah Karamatullah & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 27th November, 2019. Appearance: Ld. Adv. Ghaswala for plaintiff. Ld. Adv.…

    Read Full Order

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