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NOTICE OF MOTION

Mr.Moin Mohd. Shafi KhanVsMr.Azahar Master

CNR MHCC0100351220181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th December 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101088/2018
Registration Date
13 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Resumed.
    Adv. A. Upadhyay for plaintiff and defendant in person are present.
    Both seeks time to argue the Ch/s.  Time is granted.
    Adjd for Ch/s arguments to 16.04.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 16-04-2019
    
    Date: 21-02-2019
    Business: Resumed.
    Adv. A. Upadhyay for plaintiff and defendant in person are present.
    Both seeks time to argue the Ch/s.  Time is granted.
    Adjd for Ch/s arguments to 16.04.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Resumed.
    The P.O. is busy in dictating NM order in Suit No. 2843/2018 and Ch/s order in Suit No. 2827/2015.  For want of time the board is discharged.
    Adjd for Ch/s arguments to 12.07.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 12-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 12-07-2019
    Business: Adv. S. R. Patel for plaintiff present.
    Adv. Moin Khan for defendant present.
    Ld. counsel for the defendant submitted that the copy of the CS is not supplied.  Plaintiff counsel undertakes to supply the same.
    Adjourned for reply and hearing on CS and NM to 16.9.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 12-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Plaintiff present.
    Adv. Ansari for defendant present.
    Defendant filed reply to NM. Copy  of the same supplied to the plaintiff.
    Adjourned for hearing on NM to 5.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 16-09-2019
    Business: Plaintiff present.
    Adv. Ansari for defendant present.
    Defendant filed reply to NM. Copy  of the same supplied to the plaintiff.
    Adjourned for hearing on NM to 5.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: None present for plaintiff.
    Adv. Moin Khan for defendant present.
    It appears that in roznama it is wrongly mentioned that the reply filed by the defendant to NM instead of CS.  It is accordingly corrected.  None present on behalf of the plaintiff.  In the interest of justice Last chance is granted to plaintiff for hearing NM and CS.
    Adjourned for hearing on NM and CS to 20.12.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Mr. S.R. Patel for plaintiff present.  Plaintiff present.
    Deft. present.
    As court is busy in hearing final argument in time bound suit no.9488/89 and other matters, the matter is adjd to 13.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 13-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 13-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 13-01-2020
    Business: Adv. Singh for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on Ch/sum.  Granted.
    The matter is adjd for Ch/sum hearing to 19.03.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Matter is called at 12.50 pm
    None present
    In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 26/06/2020 at 2.45 pm for hearing on ch/s and N/M.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-06-2020
    
    Date: 19-03-2020
    Business: Matter is called at 12.50 pm
    None present
    In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 26/06/2020 at 2.45 pm for hearing on ch/s and N/M.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-06-2020
    
    Date: 19-03-2020
    Business: Matter is called at 12.50 pm
    None present
    In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 26/06/2020 at 2.45 pm for hearing on ch/s and N/M.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-06-2020
    
    Date: 19-03-2020
    Business: Matter is called at 12.50 pm
    None present
    In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 26/06/2020 at 2.45 pm for hearing on ch/s and N/M.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 18.12.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 01-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 18.12.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 01-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 18.12.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 01-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 18.12.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None present.
    The matter is adjd for Ch/sum hearing to 24.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: None present.
    The matter is adjd for Ch/sum hearing to 15.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-04-2021
    
    Date: 24-02-2021
    Business: None present.
    The matter is adjd for Ch/sum hearing to 15.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-04-2021
    
    Date: 24-02-2021
    Business: None present.
    The matter is adjd for Ch/sum hearing to 15.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-04-2021
    
    Date: 24-02-2021
    Business: None present.
    The matter is adjd for Ch/sum hearing to 15.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: As it was declared holiday by Hon\''ble High Court due to Covid-19, the matter is adjd
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 15-04-2021
    Business: As it was declared holiday by Hon\''ble High Court due to Covid-19, the matter is adjd
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 15-04-2021
    Business: As it was declared holiday by Hon\''ble High Court due to Covid-19, the matter is adjd
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to  08.09.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 23-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to  08.09.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 23-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to  08.09.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 23-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to  08.09.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: None present for plff.
    Adv. Saphiya Shaikh for deft no.1 is present.
    Defendant is present.
    Last chance is granted for hearing.
    Matter adjd for NM and CH/S hearing on 17.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
    Matter is Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 17-12-2021
    Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
    Matter is Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: None for pltff.
    Adv. Safiya Shaikh for deft present.
    Pltff Moin Khan present.
    Both the pltff and adv for deft has requested for adjournment.
    Matter is adjd to 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 23-02-2022
    Business: None for pltff.
    Adv. Safiya Shaikh for deft present.
    Pltff Moin Khan present.
    Both the pltff and adv for deft has requested for adjournment.
    Matter is adjd to 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 23-02-2022
    Business: None for pltff.
    Adv. Safiya Shaikh for deft present.
    Pltff Moin Khan present.
    Both the pltff and adv for deft has requested for adjournment.
    Matter is adjd to 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 23-02-2022
    Business: None for pltff.
    Adv. Safiya Shaikh for deft present.
    Pltff Moin Khan present.
    Both the pltff and adv for deft has requested for adjournment.
    Matter is adjd to 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: None is present.
    K.B. in Second session.
    Adv S.R. Patel for plaintiff present.
    K.b. at 4.00 p.m.
    Heard arguments of Ld. Adv for plaintiff in C/s 773/18
    None present for defendant.
    Matter adjd for arguments of defendant on 20/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 16-06-2022
    Business: None is present.
    K.B. in Second session.
    Adv S.R. Patel for plaintiff present.
    K.b. at 4.00 p.m.
    Heard arguments of Ld. Adv for plaintiff in C/s 773/18
    None present for defendant.
    Matter adjd for arguments of defendant on 20/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 16-06-2022
    Business: None is present.
    K.B. in Second session.
    Adv S.R. Patel for plaintiff present.
    K.b. at 4.00 p.m.
    Heard arguments of Ld. Adv for plaintiff in C/s 773/18
    None present for defendant.
    Matter adjd for arguments of defendant on 20/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 16-06-2022
    Business: None is present.
    K.B. in Second session.
    Adv S.R. Patel for plaintiff present.
    K.b. at 4.00 p.m.
    Heard arguments of Ld. Adv for plaintiff in C/s 773/18
    None present for defendant.
    Matter adjd for arguments of defendant on 20/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Plaintiff is present.
    Defendant is present.
    Adv.Moin Khan for defendant is present.
    Matter adjd to 01.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2022
    
    Date: 20-07-2022
    Business: Plaintiff is present.
    Defendant is present.
    Adv.Moin Khan for defendant is present.
    Matter adjd to 01.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2022
    
    Date: 20-07-2022
    Business: Plaintiff is present.
    Defendant is present.
    Adv.Moin Khan for defendant is present.
    Matter adjd to 01.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv. S.R.Patel for plaintiff is present.
    Defendant is present and filed adjournment application t.o.r marked as Exh.5. O- Allowed as a last chance.
    Matter adjd to 28.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. S.R. Patel for plaintiff is present.
    None present for defendant.
    KB LO at 3.25 p.m.
    Plaintiff is present.
    Adv. S.R. Patel for plaintiff is present.
    Defendant is present.
    Heard Ld. Adv.for plaintiff.
    F.R.S.R following order is passed in CH/S No. 773/18.
                                           ORDER
    Chamber Summons No. 773/2018 stands partly allowed.
    The relief regarding joining the respondent of Municipal Commissioner as a party to the suit stands rejected.
    Rest of the prayers regarding to bring on record the subsequent events stands allowed subject to payment of cost of Rs.1000/- to be paid to the DLSA, Mumbai.
    Plaintiff to carry out amendment within 14 days.
    Chamber summons is disposed of accordingly.
    Matter adjd to 13.10.2022 for compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Adv. S.R.Patel for plaintiff is present.
    Adv. Moin Khan for defendant is present.
    The plaintiff has complied with the order dtd. 28.09.2022. He has filed the amended copy of the plaint as well as supplied to the other side. Amendment copy of plaint marked as Exh.1-A.
    Matter adjd to 16.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Plaintiff is present.
    Adv. Patel for plaintiff is present.
    None present for defendant.
    KB LO at 4.45 p.m.
    Plaintiff is present.
    Defendant is present.
    Adv. Patel for plaintiff is present and tendered draft NM a/w affidavit in support of it. O- Leave granted to register. Copy supplied to defendant.
                    Order below NM No. 3605/17
    The Ld.Adv.for plaintiff not press NM No. 3605/17. Hence, it came to be disposed of as not press.
                     Order below NM No. 1088/18
    The Ld.Adv.for plaintiff has not press NM No. 1088/18 with liberty to file proper proceeding. Considering the submission, permission to not press with liberty to file proper proceeding is granted keeping the question of limitation open.  The NM came to be disposed of as not press.
    Nature Of Disposal: OTHER
    Disposal Date: 16-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103635/2018
    Filing Date: 13-03-2018
    First Hearing Date: 17th March 2018
    Decision Date: 16th December 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    16 Dec 2022
    Order Details: Notice of Motion
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101088/2018
    Mr.Moin Mohd. Shafi Khan Vs Mr.Azahar Master
    Date : 16122022
    Business : Plaintiff is present. Adv. Patel for plaintiff is
    present. None present for defendant. KB LO at 4.45
    p.m. Plaintiff is present. Defendant is present. Adv.
    Patel for plaintiff is present and tendered draft NM
    a/w affidavit in support of it. O Leave granted to
    register. Copy supplied to defendant. Order below
    NM No. 3605/17 The Ld.Adv.for plaintiff not press
    NM No. 3605/17. Hence, it came to be disposed of
    as not press. Order below NM No. 1088/18 The
    Ld.Adv.for plaintiff has not press NM No. 1088/18
    with liberty to file proper proceeding. Considering
    the submission, permission to not press with liberty
    to file proper proceeding is granted keeping the
    question of limitation open. The NM came to be
    disposed of as not press.
    Nature of Disposal : OTHER
    Disposal Date : 16122022
    COURT 01 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    16 Dec 2022
    Order Details: Notice of Motion
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101088/2018
    Mr.Moin Mohd. Shafi Khan Vs Mr.Azahar Master
    Date : 16122022
    Business : Plaintiff is present. Adv. Patel for plaintiff is
    present. None present for defendant. KB LO at 4.45
    p.m. Plaintiff is present. Defendant is present. Adv.
    Patel for plaintiff is present and tendered draft NM
    a/w affidavit in support of it. O Leave granted to
    register. Copy supplied to defendant. Order below
    NM No. 3605/17 The Ld.Adv.for plaintiff not press
    NM No. 3605/17. Hence, it came to be disposed of
    as not press. Order below NM No. 1088/18 The
    Ld.Adv.for plaintiff has not press NM No. 1088/18
    with liberty to file proper proceeding. Considering
    the submission, permission to not press with liberty
    to file proper proceeding is granted keeping the
    question of limitation open. The NM came to be
    disposed of as not press.
    Nature of Disposal : OTHER
    Disposal Date : 16122022
    COURT 01 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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