Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 1116-18, in Suit no.2573 of 2017 MHCC010036292018 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY ORDER IN NOTICE OF MOTION NO.1116 OF 2018 IN SUIT NO.2573 of 2017 Dr. Shobhana Shripati Shinde ... Plaintiff V/s Mr. Rizwan Ahmed Siddiqui …. Defendant. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 6th DAY OF OCTOBER, 2023 -: Appearances: - The learned Adv. Manishi Gupta for…
NOTICE OF MOTION
Dr. Shobhana Shripati ShindeVsMr. Rizwan Ahmed Siddiqui
CNR MHCC0100362920181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 06th October 2023
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 101116/2018
- Registration Date
- 16 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 05-04-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 05-06-2018 Date: 05-06-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 20-08-2018 Date: 20-08-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 23-10-2018 Date: 23-10-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 21-12-2018 Date: 21-12-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-02-2019 Date: 11-02-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION 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 NM hearing to 08.07.2019. Next Purpose: NM FOR HEARING Next Hearing Date: 08-07-2019 Date: 06-08-2019 Business: Adv. A. B. Shinde for plaintiff present. None present for defendant. The Ld. Advocate for plaintiff made the statement that the cost has been paid by the defendant to the plaintiff. The written statement on record is marked as exhibit. Written statement filed on behalf of defendant. Adjourned for NM hearing to 6.9.2019. Next Purpose: NM FOR HEARING Next Hearing Date: 06-09-2019 Date: 06-09-2019 Next Purpose: NM FOR HEARING Next Hearing Date: 07-09-2019 Date: 07-09-2019 Business: Adv. Yadav for pltff present. None for defendant. Matter is adjd to 04.11.2019 for N/M Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-11-2019 Date: 04-11-2019 Business: Adv. Ganesh Gupta for plaintiff present. Adv. Tripathi for defendant present. Vakalatnama filed on behalf of plaintiff. O-Seen and filed The Ld. Counsel for the defendant seeks time to file reply to NM. Adjourned for reply to NM to 19.12.2019. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-12-2019 Date: 19-12-2019 Business: Adv. P.B. Palav for plaintiff present. Adv. Tripathi for deft. present. Adv. for defendant filed application. O. - Read application. Heard. The counter claim is filed by defendant along with written statement. Hence, it be tagged with written statement and accordingly be marked as exhibit. Counter claim. Ld. counsel for deft. seeks time to file reply to N/M. Granted as a last chance. The matter is adjd for N/M reply to 18.02.2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-02-2020 Date: 18-02-2020 Reason For Adjournment: court time is over Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-04-2020 Date: 07-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-04-2020 Date: 18-04-2020 Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-05-2020 Date: 29-05-2020 Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-06-2020 Date: 16-06-2020 Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-10-2020 Date: 06-10-2020 Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 15.12.2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-12-2020 Date: 15-12-2020 Business: Adv. A.K. Kharwar i/b. Adv. Ganesh Gupta for plaintiff present. None for deft. Ld. counsel for plaintiff submitted that deft. has not served counter claim to the plaintiff. Deft. to serve counter claim to the plaintiff. The matter is adjd for compliance to 16.02.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-02-2021 Date: 16-02-2021 Business: Adv. A.K. Kharwar i/b. Adv. Ganesh Gupta for plaintiff present. Adv. Jagannathan h/f. Adv. Viren Tripathi for deft. present. Copy of counter claim is served to the counsel for plaintiff. The matter is adjd for written statement to the counter claim to 17.03.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-03-2021 Date: 17-03-2021 Business: Adv. Ganesh Gupta for plaintiff present. Adv. Viren Tripathi for deft. present. Adv. for plaintiff filed written statement to counter claim. T.O.R. O. - Read and recorded. Application of the plaintiff for filing rejoinder. O. - Call say of defendant. Adv. for deft. filed say. ORDER BELOW EXH.7 Read application. Heard. Ld. Counsel for plaintiff submitted that defendant has not filed separate reply to the N/M no.1116/18 and the defendant submitted that written statement be treated as reply. He would submit that various new facts are averred by the defendant in written statement. It is necessary for decision of N/M to give response to those facts and therefore, he seeks permission of the Court. Deft. has objected to this application. The rejoinder is limited to the extent of decision of N/M and as the defendant has not filed separate reply to N/M, the plaintiff wish to explain those facts. In the interest of justice, this application needs consideration and it is expedient to pass the following order. ORDER 1. Application (Exh.7) is allowed. 2. Rejoinder filed along with this application is taken on record. The matter is adjd for N/M hearing to 14.06.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 14-06-2021 Date: 14-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 29-07-2021 Date: 29-07-2021 Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 28.09.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 28-09-2021 Date: 28-09-2021 Business: Adv. Ganesh Gupta for plaintiff is present. Plaintiff Dr. Shobhana is present. None for defendant. Last chance is granted to defendant for hearing on NM. Matter adjd for NM hearing on 30.10.2021. Lo at 3.50 p.m. Adv. Viren Tripathi for defendant is present. Matter adjd for NM hearing on 30.10.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 30-10-2021 Date: 30-10-2021 Business: Adv. Ganesh Gupta for plaintiff is present. Plaintiff is present. None for defendant. Last chance is granted to the defendant for arguing the NM failing which it will be taken up for passing of orders. Matter adjd for NM hearing on 04.12.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 04-12-2021 Date: 04-12-2021 Business: Adv.Ganesh Gupta for plff is present. Adv.Tripathi for deft.is present. On oral request adv.for deft.last chance is granted for hearing. Matter is adjd to 28.01.2022 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 28-01-2022 Date: 28-01-2022 Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 29/03/2022 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-03-2022 Date: 29-03-2022 Business: Adv Ganesh Gupta for pltff present. Adv Mukesh Tiwari for deft present. On oral request of adv for deft, Matter is adjd to 21/06/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-06-2022 Date: 21-06-2022 Business: Adv. Ganesh Gupta for plaintiff is present. Adv. A.K. Tripathi for defendant is present. Both the Ld. Advocates submits that elements of settlement in between the parties. Considering the submissions the matter is adjourned for NM hearing/consent terms. Matter adjd to 28.07.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 28-07-2022 Date: 28-07-2022 Business: P.O. in on leave. Matter is adjd. to Next Purpose: NM FOR HEARING Next Hearing Date: 07-09-2022 Date: 07-09-2022 Business: Adv. Ganesh Gupta for plaintiff is present. None present for defendant. Matter adjd to 13.10.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 13-10-2022 Date: 13-10-2022 Business: Adv. Ganesh Gupta for plaintiff is present. Adv. N.K.Tripathi for defendant is present. After hearing the Ld. Adv.for both the parties for some time, I am of the opinion that there is fit case where settlement can be arrived in between the parties. Hence, the matter be referred to Mediation Centre. Matter adjd to 01.12.2022 for Mediation report. Next Purpose: MEDIATION REPORT Next Hearing Date: 01-12-2022 Date: 01-12-2022 Business: Adv. A.K. Kharwar for plaintiff is present. Adv. Tiwari for defendant is present. On oral request matter adjourned for mediation report. Matter adjd to 03.01.2023 for Mediation report. Next Purpose: MEDIATION REPORT Next Hearing Date: 03-01-2023 Date: 03-01-2023 Business: Adv. Ganesh Gupta for plaintiff is present. Adv. Tripathi for defendant is present. Plaintiff and defendant are present. Letter a/w Mediation report received from Mediation centre on 19.12.2022 t.o.r marked as Exh.8 and Exh.9 respectively. Parties and their Ld.Advocates make a submission that now the matter is going to be settled in between the parties and hence it be refer to mediation centre. Considering the request the matter is referred to mediation centre with direction that matter is refer to previous Mediator Shri. R.N. Rokde, 2nd Additional Principal Judge. Matter adjd to 07.03.2023 for Mediation Report. Next Purpose: MEDIATION REPORT Next Hearing Date: 06-03-2023 Date: 06-03-2023 Business: Dated 07.03.2023 is Holi festival holiday. Hence matter is adjourned to 08.03.2023. Next Purpose: MEDIATION REPORT Next Hearing Date: 08-03-2023 Date: 08-03-2023 Business: P.O.is on leave. Matter adjd to Next Purpose: MEDIATION REPORT Next Hearing Date: 03-04-2023 Date: 03-04-2023 Business: Adv. Mr. Ganesh Gupta for plaintiff is present. Adv. Mr. Virendra Tripathi for defendant is present. Matter adjd to 15.06.2023 for mediation report/NM hearing. Next Purpose: MEDIATION REPORT Next Hearing Date: 15-06-2023 Date: 15-06-2023 Business: Adv. Ganesh Gupta for plaintiff is present. Adv. Virendra Tipathi for defendant is present. Mediation report received thereby it is informed that the matter is not settled. The report along with letter is marked as Exh-10 and 11 respectively. Matter adjd to 26.07.2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 26-07-2023 Date: 26-07-2023 Business: Adv. Ganesh Gupta for plaintiff present. Adv. Virendra Tripathi for defendant present and requested for adjournment. Matter adjd to 22/08/2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 22-08-2023 Date: 22-08-2023 Business: Adv. Manish Gupta for plaintiff is present. Adv. Tripathi for defendant is present and filed copy of notice along with postal receipt and track consignment report, wherein the item is delivered to the defendant. TOR. Exh.12 (Colly). It is submitted that the defendant is not co-operating with the Ld. Advocate. Therefore, he do not want to continue for the defendant. Hence, permission to withdraw the power is granted. Heard the Ld. Adv for plaintiff. Matter adjd to 16.09.2023 for order of NM. Next Purpose: ORDER Next Hearing Date: 16-09-2023 Date: 16-09-2023 Business: Adv. A. K. Kharwar for plaintiff is present. None present for defendant. As court is busy in dictating order in old suits. Matter adjd to 06.10.2023 for NM order. Next Purpose: NM ORDERS Next Hearing Date: 06-10-2023 Date: 06-10-2023 Business: Adv. Ganesh Gupta for plaintiff is present. Adv. for defendant is present. F.R.SR. Following order is passed below N/M 1116/18 in Suit 2573/17 ORDER 1. Notice of Motion No.1116 of 2018 is partly allowed. 2. Prayer clause (a) and (c) stands rejected. 3. Prayer clause (b) stands allowed thereby the defendant is restrained by an order of temporary injunction from selling, transferring or creating third party right in the suit premises till disposal of suit. 4. N/M stands disposed of accordingly. Matter adjd to 28.11.2023 for draft issues. Nature Of Disposal: ALLOWED Disposal Date: 06-10-2023
Additional Case Details
Additional Case Details
Filing Number: 104002/2018 Filing Date: 16-03-2018 First Hearing Date: 05th April 2018 Decision Date: 06th October 2023 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
06 Oct 2023
Order 1Full order available
06 Oct 2023
Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 1116-18, in Suit no.2573 of 2017 MHCC010036292018 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY ORDER IN NOTICE OF MOTION NO.1116 OF 2018 IN SUIT NO.2573 of 2017 Dr. Shobhana Shripati Shinde ... Plaintiff V/s Mr. Rizwan Ahmed Siddiqui …. Defendant. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 6th DAY OF OCTOBER, 2023 -: Appearances: - The learned Adv. Manishi Gupta for…
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