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NOTICE OF MOTION

Mohammed Aslam Naisubulla - Suit St. NO. 4090VsThe Deputy Collector (Enc and Evi) and Competant

CNR MHCC0100372020208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 06th August 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101278/2020
Registration Date
10 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mohammed Aslam Naisubulla - Suit St. NO. 4090

    Respondent

    1. 1The Deputy Collector (Enc and Evi) and Competant

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-08-2020
Business: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv Rajesh Dixit present for the plaintiff.
He filed affidavit of service T.O.R.
None present for the defendant.
Matter is adjd. to 13.01.2021 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv. Mr. Rajesh Dixit for the plaintiff.
The plaintiff shall take steps to remove office objections on or before 22/01/2021 failing which the plaint shall be rejected.
Matter is adjd. to 22/01/2021 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv. Mr. V. R. Tripathi for the plaintiff.
Application u/sec. 80 (2) of CPC filed by advocate for the plaintiff.
Heard Ld. Advocate for the plaintiff. The plaintiff has filed the present suit for declaration that the notice dated 18/03/2020 is illegal and permanent injunction restraining the defendant from acting upon that notice. As per the notice dated 18/03/2020, the plaintiff was called upon the remove construction within 24 hours from the date of receipt of the notice.  Ld. Advocate for the plaintiff submitted that the plaintiff received the notice on 26/06/2020, due to lock-down arising out of COVID-19 pandemic, the plaintiff could not give a notice u/sec. 80 (2) of CPC to the defendant. Considering these facts, to my mind, it is expedient in the interest of the justice to dispense with notice u/sec.  80 (2) of CPC. Accordingly, notice u/sec.  80 (2) of CPC is waived. The plaintiff has removed the other office objections. Hence, the suit be registered.
Matter is adjd. to 28/01/2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None present.
Issue summons to defendants.
Matter is adjd. to 12/04/2021 for service.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: due to covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: due to covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: As Court is busy in hearing arguments in SU 2445/19 in NM 640/19 and urgent matters and by precipe matter on board. Hence, board is discharged.
Matter is adjd. to 18.02.2022 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present for both parties.
Court is busy in dictating judgment in Suit No.7668/01
Matter is adjd. for Notice of Motion hearing to 4/5/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present for plaintiff. None present for defendant. As plaintiff and his adv. are absent, Matter adjourned for nm hrg./order to 02/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff and his advocate are absent,
Matter adjourned for NM dismissal order to 06/08/2022 .
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present for plaintiff.
None present for defendant.
From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the nm no. 1278/2020 and therefore matter is kept for dismissal order of  nm no. 1278/2020. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the  nm no. 1278/2020. Therefore, it will be appropriate to dismiss the  nm no. 1278/2020 as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence  nm no. 1278/2020 is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure.
Matter is adjd. For proof of service of writ of summons/order to 20/09/22.
Nature Of Disposal: DISMISSED
Disposal Date: 06-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104176/2020
Filing Date: 10-08-2020
First Hearing Date: 13th August 2020
Decision Date: 06th August 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Aug 2022
    Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101278/2020
Mohammed Aslam Naisubulla - Suit St. NO. 4090 Vs The Deputy Collector (Enc and Evi) and
Competant
Date : 06-08-2022
Business : None present for plaintiff. None present for defendant.
From the record it appears that, plaintiff and his adv. are
absent since long and did not take steps to proceed further
with the nm no. 1278/2020 and therefore matter is kept for
dismissal order of nm no. 1278/2020. Today also plaintiff
and his advocate are absent. From the above conduct of the
plaintiff, it appears that plaintiff is not interested to proceed
further with the nm no. 1278/2020. Therefore, it will be
appropriate to dismiss the nm no. 1278/2020 as per Order 9
Rule 3 Of Code Of Civil Procedure. Hence nm no.
1278/2020 is dismissed as per Order 9 Rule 3 Of Code Of
Civil Procedure. Matter is adjd. For proof of service of writ
of summons/order to 20/09/22.
Nature of Disposal : DISMISSED
Disposal Date : 06-08-2022
COURT 08 ADDL SESSIONS JUDGE
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