NOTICE OF MOTION
Ruksana Alsam Shaikh +1 moreVsM/s. Okay Estate Developers Pvt Ltd +2 more
CNR MHCC0100340220183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 26th April 2023
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 101046/2018
- Registration Date
- 12 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 12-04-2018 Business: court is on leave Next Purpose: NOTICE OF MOTION Next Hearing Date: 20-07-2018 Date: 20-07-2018 Business: Matter is adjd. to 04.09.2018 for hearing on N/M No.1046/18 and N/M No.3417/17. Next Purpose: NM FOR HEARING Next Hearing Date: 04-09-2018 Date: 04-09-2018 Business: Matter is adjd. to 28.11.2018 for hearing on N/M No.1046/18 and N/M No.3417/17. Next Purpose: NM FOR HEARING Next Hearing Date: 28-11-2018 Date: 28-11-2018 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 28-01-2019 Date: 28-01-2019 Business: As Court is on leave, Board is discharge, Matter is adjd to. 10.04.2019 Next Purpose: NM FOR HEARING Next Hearing Date: 10-04-2019 Date: 10-04-2019 Business: Matter is adjd. to 25/06/2019 for hearing on N/M. Next Purpose: NM FOR HEARING Next Hearing Date: 25-06-2019 Date: 25-06-2019 Business: As court is busy in detection in High court time bound appeals 114/19 to 130/19, 135/19 to 137/19 and 132/19. Hence board is partly discharged. Matter is adjd. to. 06/08/2019 for NM Hearing. Next Purpose: NOTICE OF MOTION Next Hearing Date: 06-08-2019 Date: 06-08-2019 Business: As court is busy hence board is discharged. Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-10-2019 Date: 03-10-2019 Next Purpose: NOTICE OF MOTION Next Hearing Date: 10-12-2019 Date: 10-12-2019 Business: Adv. Ansari for plff present. None for deft. As court is busy in other matters, adjd for NM hearing to 28/01/2020. Next Purpose: NOTICE OF MOTION Next Hearing Date: 28-01-2020 Date: 28-01-2020 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 04-02-2020 Date: 04-02-2020 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 20-03-2020 Date: 20-03-2020 Business: Matter received from C.R. No. 4 as per order dated 13.03.2020. None present for the plaintiff present. Mr. Hifzur Rehman Ansari Director of defendant No. 1 present. Due to outburst of Covid -19 there is direction from the Honble High Court to take urgent matters like bail, remand work, interim injunction and stay application, hence matter is adjd. to 21.04.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-04-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 12-05-2020 Date: 12-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 01-06-2020 Date: 01-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 18-06-2020 Date: 18-06-2020 Business: None present for parties. Due to pandemic Covid-19 the Government has announced lockdown till 30.06.2020, hence matter is adjourned to 18.07.2020 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 18-07-2020 Date: 18-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 20-08-2020 Date: 20-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2020 Date: 17-09-2020 Business: Due to Covid-19, both parties are absent, hence adjourned to 09.10.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-10-2020 Date: 09-10-2020 Business: Both sides absent. Due to COVID-19, adjourned to 02.11.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-11-2020 Date: 02-11-2020 Business: Both sides absent. Due to COVID-19 adjourned to 04.12.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-12-2020 Date: 04-12-2020 Business: None present for plaintiff. None present for defendant. Both the sides to remain present on next date positively, either physically or on video conference for hearing. 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. Shagufa Ansari for plaintiff is present. None present for defendant. Adjourned to 11.01.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 11-01-2021 Date: 11-01-2021 Business: None present parties. Adjourned to 29.01.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-01-2021 Date: 29-01-2021 Business: None present for parties. Since nobody appears for parties, by way of last opportunity, matter adjourned to 02.03.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-03-2021 Date: 02-03-2021 Business: Adv. Shagufa Ansari for plaintiff is present. None present for defendant. Plaintiff has sought declaration against a conveyance in respect of suit property amongst the defendants and injunction that they would not create third party interest in the property without claiming any right in the property himself. Plaintiff to satisfy as to how the suit is maintainable. Adjourned to 06.04.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: None present for plaintiff None present for defendant. Adjourned to 23.04.2021 for Hearing on maintainability. Next Purpose: HEARING Next Hearing Date: 23-04-2021 Date: 23-04-2021 Business: None present for plaintiff. None present for defendant. Due to COVID-19, matter adjourned to 16.06.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 16-06-2021 Date: 16-06-2021 Business: None present for plaintiff. None present for defendant. Due to COVID-19, matter adjourned to 30.06.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-06-2021 Date: 30-06-2021 Business: None present for parties. Adjourned to 17.07.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-07-2021 Date: 17-07-2021 Business: None present for the parties. Due to COVID-19, adjourned to 18.08.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 18-08-2021 Date: 18-08-2021 Business: Matter called out at 3.31 p.m. Adv. Shaqufa Ansari for plaintiff present. None present for defendant. Matter stands adjourned to 07.10.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: Adv. Shagufa Ansari for plaintiff present. As court is busy in taking evidence in Suit No. 85/14 and hearing final arguments in SU No.3002/04, therefore, matter stands adjourned to 18.11.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 18-11-2021 Date: 18-11-2021 Business: Court is on leave. Board is discharged. Next Purpose: NM FOR HEARING Next Hearing Date: 12-01-2022 Date: 12-01-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 01-03-2022 Date: 01-03-2022 Business: Matter called out at 3.36 p.m. Adv. Shagufa Ansari for plaintiff present. None present for defendant. It appears that since long, defendant are not appearing. Hence, Issue notice of appearance to the defendant through bailiff/RPAD. Matter stands adjourned to 28.04.2022 for appearance. Next Purpose: FOR APPERANCE Next Hearing Date: 28-04-2022 Date: 28-04-2022 Business: Bailiff report received. TOR. Exh.4. It shows that notice was unserved upon Deft. no.1 to 9. Adv. Zaigam Rizvi for Deft. no.1 present. He undertakes to file VP on next dated. Issue fresh notice of appearance to the Deft. no.2 to 9 through bailiff/RPAD. Matter stands adjourned to 21.07.2022 for appearance. Next Purpose: FOR APPERANCE Next Hearing Date: 21-07-2022 Date: 21-07-2022 Business: Adv. Shagufa Ansari for plaintiff present. None present for defendant. Bailiff report received. TOR. Exh.04. Matter stands adjourned to 15.09.2022 for NM hearing/order. Next Purpose: NM FOR HEARING Next Hearing Date: 15-09-2022 Date: 15-09-2022 Business: None present for plaintiff. Report of bailiff shows that the defendants are not found on given address. Hence, plaintiff to take steps. Matter stands adjourned to 03.12.2022 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 03-12-2022 Date: 03-12-2022 Business: None present for plaintiff. Plaintiff failed to take steps to serve the summons to the defendant, hence, put up for dismissal. Matter stands adjourned to 23.02.2023 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 23-02-2023 Date: 23-02-2023 Business: None present. Matter stands adjourned on 26.04.2023 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 26-04-2023 Date: 26-04-2023 Business: None present. K.B. Later on at 5.30 p.m. None present. It appears that the plaintiff is not interested in proceeding with the suit, hence suit is dismissed in default. Suit No.1868/2017 is disposed off accordingly. As the Suit No.1868/2017 is disposed off nothing survives in NM No.3417/2017 and NM No.1046/2018. Hence, Notice of Motion No.3417/2017 and 1046/2018 is disposed off accordingly. Nature Of Disposal: OTHER Disposal Date: 26-04-2023
Additional Case Details
Additional Case Details
Filing Number: 103807/2018 Filing Date: 12-03-2018 First Hearing Date: 12th April 2018 Decision Date: 26th April 2023 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
2Final Order 126 Apr 2023
26 Apr 2023
Order Details: Notice of Motion Pdf Text: 26.04.2023 Sr. No. 5 SU 1868/17 NM 3417/17 NM 1046/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. K.B. Later on at 5.30 p.m. None present. It appears that the plaintiff is not interested in proceeding with the suit, hence suit is dismissed in default. Suit No.1868/2017 is disposed off accordingly. As the Suit No.1868/2017 is disposed off nothing survives in NM No.3417/2017 and NM No.1046/2018. Hence, Notice of Motion No.3417/2017 and 1046/2018 is disposed off accordingly. Judge -- 1 of 1 --
Order 126 Apr 2023
26 Apr 2023
Order Details: Notice of Motion Pdf Text: 26.04.2023 Sr. No. 5 SU 1868/17 NM 3417/17 NM 1046/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. K.B. Later on at 5.30 p.m. None present. It appears that the plaintiff is not interested in proceeding with the suit, hence suit is dismissed in default. Suit No.1868/2017 is disposed off accordingly. As the Suit No.1868/2017 is disposed off nothing survives in NM No.3417/2017 and NM No.1046/2018. Hence, Notice of Motion No.3417/2017 and 1046/2018 is disposed off accordingly. Judge -- 1 of 1 --
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