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NOTICE OF MOTION

Noorbi Sayed Hamid - Suit St. No.1725 of 2019VsMCGM

CNR MHCC01002885201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 15th September 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101119/2019
Registration Date
14 Mar 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: 14-03-2019
    Business: Advocate Mr. Shukla for Plaintiff present and filed registered NM No.1119/19 with affidavit in support, t.o.r.
    Advocate Ms. Hajare for BMC/Deft present.
    Earlier order to continue till next date.
    Case is adjourned to 25/06/2019 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Advocate Priyank Shukla for plaintiff present.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Heard.
    Considering the pleadings in paragraph 7 of the plaint, the plaintiff has pleaded the circumstances to claim that the impugned notice is a nullity. Hence, leave is granted to register the suit.
    Earlier order to continue till next date.
    The case is adjourned to 17.09.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Upadhyay h/f adv. Mishra for plaintiff present.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 16.11.2019 for filing NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Adv. Mr. Shukla h/f Adv. Mishra for plaintiff present.
    Adv. Ms. Mhatre for deft/MCGM present, prayed for adjd to file reply.
    Earlier order to continue till next date.
    Matter is adjd. for NM reply on 18.12.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Upadhay for plaintiff.
    Adv.Tondvalakr for MCGM, prayed for adj
    Earlier order to continue till next date.
    Matter is adjd. for  to 13.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Mr. Priyank Shukla for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd. to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 12.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: CORAM H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv.Priyank Shukla for plaintiff present.
    Adv. Adv Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for NM reply to 11.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
    (Matter pertains to C.R. No.11)
    Adv. Rajnish Upadhay for plaintiff present.
    Adv. Mrs. Mhatre h/f Mr. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 24.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Shukla for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 10.01.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Adv. Mr. Priyank Shukla for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 07.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Mr. Priyank Shukla for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Mr. Khandagale for defendants/
    MCGM is present and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 22.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Matter pertains to C.R.No.11.
    Adv. Pathak for the plaintiff  present.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for NM reply to 15.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv Mr. Priyansh Shukla for plaintiff present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for filing NM reply/ W/S to 06-08-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. Khandagale for defendants/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 10.10.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Rajnish Upadhyay h/f Adv. Misra for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 07.12.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for no reply no WS Order to 30.01.2023.
    Next Purpose: ORDER
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (no reply) to 17.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv. Mr. Shailesh Pal for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 29.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: Adv. Mr. Upadhyay for the plaintiff is present and filed written submissions in NM No. 1119/2019. O- Filed. Copy supplied to the other side.
    Adv. Mr. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for Written submissions on NM by defendant to 12.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to argue NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing (No reply) to 02.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present. Heard both the sides on NM. Earlier order, if any, to continue till next date.
    Adjourned for NM Order (No reply) to 15.09.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Following Order is passed in NM No. 1935/2019.
    -: O R D E R :-
    01.	By the suit, the plaintiffs came with the case that they are the joint owners of the suit property, which existed before 1960. Earlier there was a big gate for entry. It was for safety and security of the structure and their tenants. As the said gate was damaged, they got repaired the same and put a new gate to safeguard their property. They also filed photographs vide list Exh.4 to substantiate this fact. Considering this record, on 16.02.2019, interim relief was granted in their favour till filling of NM reply. However, the defendants did not contest the suit and this NM and it proceeded ahead without their reply and WS as per the Order dtd. 30.01.2023. Consequently, there is no material on record to disbelieve the plaintiffs say, which is supported on affidavit. Hence, the interim relief, granted in their favour, needs to be continued by the following Order:
    01.	Notice of Motion No. 1119/2019 is partly allowed. The ad-	interim Order dtd. 16.02.2019 is continued till disposal of 	the suit.
    02. 	Notice of Motion No. 1119/2019 is, accordingly disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103162/2019
    Filing Date: 14-03-2019
    First Hearing Date: 14th March 2019
    Decision Date: 15th September 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    15 Sept 2023

    Order Details: Other Pdf Text: 15.09.2023 Sr. No. 37 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1935/19 NM 1119/19 Adv. Mr. Priyank Shukla for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed in NM No. 1935/2019. -: O R D E R :- 01. By the suit, the plaintiffs came with the case that they are the joint owners of the suit property, which existed before 1960. Earlier there was a…

    Read Full Order
    Final Order 1Full order available
    15 Sept 2023

    Order Details: Other Pdf Text: 15.09.2023 Sr. No. 37 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1935/19 NM 1119/19 Adv. Mr. Priyank Shukla for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed in NM No. 1935/2019. -: O R D E R :- 01. By the suit, the plaintiffs came with the case that they are the joint owners of the suit property, which existed before 1960. Earlier there was a…

    Read Full Order

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