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NOTICE OF MOTION

Mr. Zuber Ahmed Maqbool Ansari - Suit St. no.4198/2020VsAshraf Yasin Qureshi and Ors.

CNR MHCC0100376920202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th January 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101288/2020
Registration Date
17 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-08-2020
    Business: Received from Board Deptt.  By Praecipi.
    Adv.Ashish Dueby for plaintiff present. Adv. Ms. Shabnam Shaikh for Defendant no.6 present. She undertakes to file Vakalatnama. She also sought time to file reply in N/M 1288/2020.
      Ld. Counsel for the plaintiff submitted that, he has tried to serve Def. nos.1 to 5 and 7 but they have refused to accept the service.
        The Ld. Counsel for the plaintiff referred to the FIR dtd. 6.8.2020 lodged by him against the defendants and also the FIR  dtd. 6.8.2020 lodged by def.no.7 against him and others. He made a statement at the bar that he is ready to file the affidavit to the effect that the def.nos.1 to 5 and 7 have refused to accept the service. He also made a statement that plaintiff is in possession of the suit premises. Hence order of status-quo will serve the purpose in the above terms.
           Time granted to Def.no.6 to file reply to the N/M. The plaintiff is directed to make another attempt to serve the remaining defendants by RPAD /Speed post at his own costs.
           In the meanwhile, the defendants are directed to maintain status-quo with reference to the suit property, till next date.
        Authenticated copy of today''s Roznama be given to the Counsel for the plaintiff for information and communicating the same to the other side for information and compliance.
           Matter adjourned for report about fresh service of N/M on Def.nos.1 to 5 and 7, reply of def.no.6 and further hearing on the N/M, on 23.9.2020.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-01-2021
    
    Date: 06-02-2021
    Business: Adv Girish Pawar for plff present.
    Uzar Kazi for deft no. 1 present.
    Adv Shreyash for deft no. 5 present.
    Both parties requested for date.
    Matter stands Adj for NM Reply to 06/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Adv Girish Pawar for plff present.
    Adv Ayushi Soni for deft no. 1 present.
    Adv Shreyash Maheshwari for deft no. 5 present.
    He filed NM reply of deft no. 5. t.o.r.  Copy served to Adv for plff.
    Exh 3(colly) - She filed VP for deft no. 2 and 4 t.o.r.
    VP of deft no. 1 is already on the record. It is now marked as Exh. 03A.
    She filed NM reply of deft no. 1 and seeks time to file NM reply of deft no. 2 and 4.
    Adv for plff is directed to file affidavit of service of NM on deft no. 3, 6 and 7 through Bailiff.
    Matter stands Adj for Affidavit of service of deft no. 3, 6 and 7 to 23/04/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to Covid-19, Matter adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: None for plff.
    Adv Siddharth Newnes for deft no. 5 present.
    Matter stands Adj for Affidavit of Service on deft no. 3, 6 and 7 to 25/10/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: None for plff.
    Adv Siddharth Nunes for deft no. 5 present.
    Plff failed to file affidavit of service on deft no. 3, 6 and 7.
    Matter stands Adj for NM Reply of deft no. 2, 4 and dismissal of suit against deft no. 3, 6 and 7 to 10/12/2021.
    Next Purpose: REPLY
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: None for plff.
    Adv Dhanshri Uglikar for deft no. 1, 2 and 4 present.
    Adv Shreyas Maheshwari for deft no. 5 present.
    Plff failed to file affidavit of service on deft no. 3, 6 and 7.  Hence today the case is fixed for dismissal of suit against deft no. 3, 6 and 7.  Today also none present for plff.  Affidavit of service of writ of summons on deft no. 3, 6 and 7.  Hence suit is dismissed against deft no. 3, 6 and 7.
    Adv for deft no. 1, 2 and 4 seeks time to file NM reply of deft no. 2 and 4.  Granted.
    Matter stands Adj for NM Reply of deft no. 2 and 4 to 21/01/2022.
    Next Purpose: REPLY
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Due to covid-19 matte is adjd to
    Next Purpose: REPLY
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None for plff.
    Adv Ankita Sharma for deft no. 1, 2 and 4 present.
    She filed reply to NM 1288/2020 of deft no. 2 and 4. t.o.r.  Copy be served on plff.
    Adv Siddharth Nunes for deft no. 5 present.
    Matter stands Adj for NM Hearing to 20/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: None for plff.
    Adv Siddharth for deft no. 5 present.
    P. O. is busy in dictating Judgment in SU 7780/1998.
    Hence matter stands Adj for NM Hearing to 15/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 15-07-2022
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Yogita Kanojia for plaintiff present.
    She seek time. Time granted.
    Adv. Siddharth for defendant no. 5 present.
    None for defendant no. 1, 2 and 4.
    Suit against defendant no. 3, 6 and 7 is dismissed vide order dated 10/12/2021.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 16/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: None for plaintiff present.
    Adv. Dhanshree Ugalikar for defendant no. 1, 2 and 4 present.
    Adv.  Raj Adhia for defendant no. 5  present.
    Sufficient time granted to plaintiff to work out n/m. Today also none present for plaintiff. Last chance granted on Court Motion, on failure further order will be passed on next date.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 19/01/2023.
    Next Purpose: HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 19-01-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 19-01-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: None for plaintiff present.
    Adv. Dhanshree Hubalikar for defendant  no. 1, 2 and 4 present.
    Adv.  Raj Adhia i/b TRA associate for defendant no. 5 present.
    Last chance granted to plaintiff to work out matter, on failure further order will be passed on next date.
    Matter adjourned for hearing to 05/06/2023.
    Next Purpose: HEARING
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: Plaintiff and his advocate absent.
    Adv. Ms. Dhanshree Hubalikar for defendant no.1, 2 and 4 present.
    Adv. Mr. Raj Adhai i/b TRD Associates for defendant no.5 present.
    Last chance granted to plaintiff to work out the matter.
    Matter adjourned for hearing on 10.07.2023.
    Next Purpose: HEARING
    Next Hearing Date: 10-07-2023
    
    Date: 05-06-2023
    Business: Plaintiff and his advocate absent.
    Adv. Ms. Dhanshree Hubalikar for defendant no.1, 2 and 4 present.
    Adv. Mr. Raj Adhai i/b TRD Associates for defendant no.5 present.
    Last chance granted to plaintiff to work out the matter.
    Matter adjourned for hearing on 10.07.2023.
    Next Purpose: HEARING
    Next Hearing Date: 10-07-2023
    
    Date: 05-06-2023
    Business: Plaintiff and his advocate absent.
    Adv. Ms. Dhanshree Hubalikar for defendant no.1, 2 and 4 present.
    Adv. Mr. Raj Adhai i/b TRD Associates for defendant no.5 present.
    Last chance granted to plaintiff to work out the matter.
    Matter adjourned for hearing on 10.07.2023.
    Next Purpose: HEARING
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: Plaintiff and advocate absent.
    Adv. Mr. Siddharth Nunes i/b TRD associates for defendant no. 1, 2 and 4 present.
    Adv. Ms. Dhanashree Hublikar i/b YMK Legal for defendant no. 5 present.
    O- Plaintiff is granted as a last chance.
    Matter adjourned for dismissal order on 08.09.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-09-2023
    
    Date: 10-07-2023
    Business: Plaintiff and advocate absent.
    Adv. Mr. Siddharth Nunes i/b TRD associates for defendant no. 1, 2 and 4 present.
    Adv. Ms. Dhanashree Hublikar i/b YMK Legal for defendant no. 5 present.
    O- Plaintiff is granted as a last chance.
    Matter adjourned for dismissal order on 08.09.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-09-2023
    
    Date: 10-07-2023
    Business: Plaintiff and advocate absent.
    Adv. Mr. Siddharth Nunes i/b TRD associates for defendant no. 1, 2 and 4 present.
    Adv. Ms. Dhanashree Hublikar i/b YMK Legal for defendant no. 5 present.
    O- Plaintiff is granted as a last chance.
    Matter adjourned for dismissal order on 08.09.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent.
    KB
    LO at 3.50 P.M.
    Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent. Since long matter is posted for hearing on NM no. 1288/2020 and 1570/2020. As the plaintiff remain absent today, last chance granted to plaintiff to work out the matter.
    Matter adjourned for Dismissal / hearing on 21.10.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 08-09-2023
    Business: Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent.
    KB
    LO at 3.50 P.M.
    Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent. Since long matter is posted for hearing on NM no. 1288/2020 and 1570/2020. As the plaintiff remain absent today, last chance granted to plaintiff to work out the matter.
    Matter adjourned for Dismissal / hearing on 21.10.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 08-09-2023
    Business: Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent.
    KB
    LO at 3.50 P.M.
    Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent. Since long matter is posted for hearing on NM no. 1288/2020 and 1570/2020. As the plaintiff remain absent today, last chance granted to plaintiff to work out the matter.
    Matter adjourned for Dismissal / hearing on 21.10.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: PO is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 21-10-2023
    Business: PO is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 21-10-2023
    Business: PO is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Plaintiff and advocate absent.
    Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Matter adjourned for Dismissal on 20.01.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 16-12-2023
    Business: Plaintiff and advocate absent.
    Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Matter adjourned for Dismissal on 20.01.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 16-12-2023
    Business: Plaintiff and advocate absent.
    Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Matter adjourned for Dismissal on 20.01.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Advocate Mr. Raj Adhia i/b TRD associates for defendant no. 5 present.
    Plaintiff and advocate absent. Since long Notice of motion no. 1288/2020 and 1570/2020 are for hearing. Since long plaintiff remained absent which goes to show that plaintiff is not interested in conducting the NM no. 1288/2020 and 1570/2020. Hence Notice of motion no.  1288/2020 and 1570/2020 is dismissed for default.
    Matter adjourned for draft issues on 28.02.2024.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104218/2020
    Filing Date: 17-08-2020
    First Hearing Date: 17th August 2020
    Decision Date: 20th January 2024
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Jan 2024
    Order Details: Other
    Pdf Text: NOTICE OF MOTION/0101288/2020
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