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NOTICE OF MOTION

Zainul Abdeen Abdul Rauf Khan Suit St. No. 4237/2020VsMCGM

CNR MHCC01003889202011-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 20th June 2026

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101301/2020
Registration Date
02 Sept 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-09-2020
    Business: Due to Covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: None present for plff.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for time to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 07.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. V.T. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For N/m reply to 25.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv.V.T.Dubey for plaintiff present.
    Adv.Mr.Khandagle for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM Reply to 10.12.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. N.K. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 31.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for defendant orally requested for time to file NM reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 11.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Mr. V.T. Dueby for plaintiff is present. Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present orally requested for time to file NM reply. Granted. Earlier order, if any, to continue till the next date. Adjourned for NM reply and WS to 22.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present  and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 26.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and filed reply-cum-WS. TOR. It is marked at Exh.02. O- Filed.
    List of documents. TOR. It is marked at Exh.03. Copies are supplied to the other side
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing/draft issues to 04.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv. V.T. Dubey for the plaintiff is present and orally requested for permission to file reply rejoinder. Permission is granted. TOR. Copy is supplied to the other side.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to argue on NM. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing/draft issues to 13.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    The court is busy in urgent praecipe matters.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 10.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 05.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: Adv. Ms. Amreen Sheriff h/f V. T. Dubey for the plaintiff present and orally requested for time to argue on NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 26.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Adv. Ms. Prasad for the plaintiff is present and requested time to argue NM. Time is granted.
    Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for NM hearing to 04.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Ms. Prasad for the plaintiff is present and requested time to argue the NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 02.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Mrs. Vijayarani Prasad present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM for Hearing to 24.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 06.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
    Adv. Mrs. Mhatre h/f Adv. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 24.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv. Mrs. Prasad for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 09.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 09.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 20.11.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: As per Office Order No. 273/2024, dtd. 14.11.2024, declared holiday on account of Polling Day of General Election of State Legislative Assembly of Maharashtra. Earlier order, if any, to continue till next date. Hence, Matter is adjourned to 17.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2025
    
    Date: 17-01-2025
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to file written submissions on NM. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 05.03.2025.
    Next Purpose: NM  P.H.
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and submitted that matter be adjourned for argument on NM. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 09.06.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Boltawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Kept back.
    Later on 4.06 p.m.
    The appearance is as above. Matter adjourned due to paucity of time. Earlier order to continue till next date.
    Adjourned for NM hearing to 14.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2025
    
    Date: 14-07-2025
    Business: Adv. V. T. Dubey present for the plaintiff and sought time to file written submission.
    Adv. Mr. Botlawar for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 08.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: Adv. Mrs. Prasad for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mr. Botlawar for defendant/ BMC is present. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 10.10.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: Matter pertains to C. R. No. 11.
    Adv. Mr. N.K. Dubey present for the plaintiff.
    Adv. Mr. V.G. Shinde for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM for Hearing to 12.11.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present  and requested time to file written submissions on NM. Time is granted. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 12.12.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to file written submissions on NM. Time is granted. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 28.01.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2026
    
    Date: 28-01-2026
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. By consent of both the parties matter shortly adjourned for NM heraring. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 11.02.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2026
    
    Date: 11-02-2026
    Business: Matter pertains to CR No. 11.
    Advocate N. K. Dubey present for the plaintiff.
    Adv. Mr. Botlawar for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 23-02-2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Heard both the sides on NM. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 13.03.2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-03-2026
    
    Date: 13-03-2026
    Business: Adv. Ms. Sharda Dwivedi for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Today matter is fixed for passing order on NM, court put some query to the advocate for plaintiff and defendant about some point in NM most spedifically about the name of plaintiff. Heard. Here looking the submission matter adjourned for passing order. Earlier order, if any, to continue till next date.
    Adjourned for NM order to 23.03.2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. The Court is busy in dictating order in  Ch/s. No. 587/2025. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 08.04.2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: Adv. M. K. Dubey present for the plaintiff.
    Adv. Mr. Botlawar for defendant/BMC is present.
    Earlier order if any to continue till next date.
    Adjourned for NM Order to 28.04.2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-04-2026
    
    Date: 28-04-2026
    Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mrs. Sheetal Metakari h/f Adv. Mr. Botlawar for defendant/BMC is present. Kept back.
    Later on 5.25 p.m.
    None present for the plaintiff. Rest appearance is as above. The Court is busy in dictating order in NM Nos. 2743 of 2023 and 2471 of 2025. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 15.06.2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-06-2026
    
    Date: 15-06-2026
    Business: None present for the plaintiff.
    Adv. Mr. Botlawar for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for 19.06.2026 to NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-06-2026
    
    Date: 19-06-2026
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Botlawar for defendant/BMC is present.
    The Court is busy in other urgent matters.
    Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 20.06.2026.
                                                                                                     Judge
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-06-2026
    
    Date: 20-06-2026
    Business: None present for the plaintiff. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present.
    F.R.S.R. Following Order is passed in NM No. 1301/2020.
    ORDER
    	The Notice of Motion No.1301 of 2020 is made absolute in terms of prayer clause (a).
    2.	The defendant is temporarily restrained till the disposal of the suit from implementing impugned notice dated 25.07.2020 and impugned speaking order dated 11.08.2020 from the act against the suit premises.
    3.	Costs in cause.
    4.	Notice of Motion is disposed of accordingly.
    Adjourned for draft issue to 21.09.2026.
    Nature Of Disposal: ALLOWED
    Disposal Date: 20-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104351/2020
    Filing Date: 02-09-2020
    First Hearing Date: 04th September 2020
    Decision Date: 20th June 2026
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Jun 2026

    Order Details: Notice of Motion Pdf Text: 1 MHCC010038892020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1301 OF 2020 IN L. C. SUIT NO. 1243 OF 2020 Zainul Abdeen Abdul Rauf Khan. Age 63 years, carrying on his business, under the name and style of Suleman Ahmadi Backery, 175, L.B.S. Marg, Kurla (West), Mumbai 400070. …. PLAINTIFF Versus 1. THE MUNICIPAL CORPORATION FOR GR. MUMBAI, (A Body Corporate incorporated under the Provisions of BMC Act…

    Read Full Order

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