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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

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: 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

    2
    Final 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…

    Read Full Order
    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…

    Read Full Order

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