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NOTICE OF MOTION

Samina Abdul Rehman KhanVsDr. Aliya Abdul Qadar Sheikh and Ors.

CNR MHCC0100401520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 08th January 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101513/2019
Registration Date
10 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-04-2019
    Business: Matter adj. for Compliance and NM Hearing to 16.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. M.A. Sayyad for plaintiff present. and filed original NM no.1513/19 along affidavit.
    Adv. Ghatte for defendant present and seeks time to file rejoinder. Time granted.
    Matter stands Adj for filing rejoinder to 07.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Plaintiff present in person.
    Adv. Ghatte for defendant no. 1 and 2 present.
    Adv. Ashish Singh for defendant no. 4 to 8.
    Vakalatnama filed by Adv. Ashish Singh on behalf of D-4 to 8.
    Matter stands Adj for filing rejoinder to 20.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Court is busy in dictating order in suit st. no. 8127/19. Hence, board discharged. Matter stands Adj for rejoinder to 04.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Plaintiff present and her advocate absent.
    Defendant no. 1 to 3 present.
    Adv. Oniza for defendant no. 1 to 3 present.
    Adv. Ashish Singh for defendant no. 4 to 8 present and sought time to file reply to NM. Time granted.
    Heard both sides.
    Rejoinder not filed by the plaintiff.
    In view of above, Matter stands Adj for reply by defendant no. 4 to 8 and rejoinder by plaintiff, if any, as last chance to 11.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. M. A. Saiyed for plaintiff present and filed rejoinder in NM no. 1513/19. Copy served on defendant.
    Adv. Shaikh Oniza for defendant present.
    Matter stands Adj for hearing on NM to 23.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Adv. Surve for plaintiff present.
    Adv. Ashish Singh for defendant no. 4 to 8 present and filed reply affidavit in NM no. 1513/19 of defendant no. 8.  Copy served on other side.
    Matter stands Adj for  rejoinder to reply by plaintiff, if any and hearing on NM to 12.03.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
    Matter stands Adj for hearing on NM to 11.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: None present.
    The case is adjourned to 05.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None for Plaintiff.
    Advocate N.A.Ghatte for defendant no. 1and 2 present.
    None for other defendants.
    The case is adjourned to 19.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Advocate M.A.Saiyed for plaintiff present.
    Advocate Ghatte for defendant present.
    The case is adjourned to  09.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: In view of office order No. 120/2021 dtd. 27.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Matter called out at 4.52 pm
    none for plaintiff.
    Adv.N.A. Ghatte for defendant nos. 1 and 2 present.
    Matter stands adjourned to 18-11-2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is on leave. Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Matter called out at 4.08 p.m.
    Adv. S. P. Banerjee I/b M. A. Sayyed for plaintiff present.
    Adv. N.A. Ghatte for Deft. No.1 and 2 present.
    Matter stands adjourned to 21.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Court is on leave. Hence, board discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. S. P. Banerjee for plaintiff present.
    Adv. Ghatte for Deft. no.1 and 2 present.
    Kept back.
    Later on called out at 4.49 p.m.
    Adv. S. P. Banerjee for plaintiff present.
    Adv. Ghatte for Deft. no.1 and 2 present.
    Partly heard both the sides on NM No.1513/2019.
    Matter stands adjourned to 30.07.2022 for NM argument (p.h) in
    morning session.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Adv. S. P. Banerjee for plaintiff present.
    Adv. Ghatte for Deft. no.1 and 3 present.
    Adv. Shubham Singh for Deft. no.4 to 8 present.
    Deft. no.1 to 3 have adopted their reply to the NM as a WS to the plaint. WS is marked as Exh.04.
    Deft. no.4 to 8 are appearing in support of plaintiff thus, there is no need to wait for their WS.
    Issues framed below Exh.05.
    ISSUES
    1.Does plaintiff prove her 1/8th share in the suit properties
    2.Does the plaintiff prove that the suit properties are estate of deceased
    3.Whether the gift deed is executed as per the law
    4.Is the plaintiff entitled for the reliefs sought
    5.What order and decree
    Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
    Matter stands adjourned to 24.08.2022 for NM arguments (p.h)/Evidence.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None present for plaintiff.
    Adv. M. A. Ghatte for defendant present.
    Matter stands adjourned to 02.11.2022 for NM argument (p.h).
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. Iftekhar Sayed for plaintiff present. He is seeking time. Time granted.
    Adv. N. A. Ghatte for Deft. no.1 and 2 present.
    Matter stands adjourned to 12.01.2023 for NM hearing/evidence.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: None present for plaintiff.
    Adv. Jabaar Patel for defendant No.1 present.
    Matter stands adjourned on 06.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: None for plaintiff present.
    Adv Jabbar Patel for defendant no. 1 and 2 present.
    Matter stands adjourned on 09-08-2023 for NM hearing/NM
    dismissal order.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: P.O. is on Leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv Rashida Khan h/f Adv M.A. Sayyed present for Plaintiff and seeking time for NM hearing. O- granted as last chance.
    Adv present for Defendant nos. 1 and 2.
    Matter stands adjourned on 08-01-2024 for NM hearing/dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Advocate M.A. Saiyed for Plaintiff present.
    Advocate Rajpal for defendant no.1 present.
    NM No. 1513/2019 is not pressed, hence disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 08-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104386/2019
    Filing Date: 10-04-2019
    First Hearing Date: 18th April 2019
    Decision Date: 08th January 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Jan 2024
    Order Details: Other
    Pdf Text: C.R. No.03
    Daily Status
    IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101513/2019
    Samina Abdul Rehman Khan Vs Dr. Aliya Abdul Qadar Sheikh and Ors.
    Date : 08-01-2024
    Business : Advocate M.A. Saiyed for Plaintiff present. Advocate
    Rajpal for defendant no.1 present. NM No. 1513/2019 is
    not pressed, hence disposed off.
    Nature of Disposal : OTHER
    Disposal Date : 08-01-2024
    COURT 03 ADDL SESSIONS JUDGE
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