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NOTICE OF MOTION

Tabrej Tajjudin ShikalgarVsDildar Shaikh

CNR MHCC01004635201832-
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 29th July 2019

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101479/2018
Registration Date
09 Apr 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-04-2018
    Business: Plaintiff absent.
    Adv. Jafri for defendant filed registered notice of motion no. 1479/2018.
    Defendant is directed to serve copy of motion on plaintiff
    Matter is adj for reply on 04/07/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2018
    
    Date: 04-07-2018
    Business: None present.
    Matter is adj for reply on motion no. 1479/18 on 03/08/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Plaintiff and advocate absent.
    Adv. Jafri for defendant present.
    Matter is adj for reply on N/M No. 1479/18 on 24/08/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2018
    
    Date: 24-08-2018
    Business: Plaintiff and advocate absent.
    Adv. Jafari for defendant present.
    Matter is adj for reply on N/M No.1479/18 on 17/09/18 as a last chance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Business: Plaintiff and advocate absent.
    Adv. Rakesh Kamble for defendant present.
    Matter is adj for reply on N/M No.1479/18 on 20/10/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: Plaintiff and advocate absent.
    Adv. Jaffari for defendant present.
    Matter is adj for reply on N/M No.1479/18 on 05/12/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Plaintiff and advocate absent.
    Adv. Rakesh Kamble for defendant present.
    Matter is adj for reply on N/M No.1479/18 on 19/12/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Business: Plaintiff in person tendered reply on the motion.
    Adv. Jaffari for defendant present.
    Matter is adj for hearing on N/M No.1479/18 on 15/01/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv. Rakesh Kamble for plaintiff present.
    Adv. for defendant present.
    Matter is adj for hearing on N/M No.1479/19 on 31/01/19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Adv. Ranjan Drivedi for plaintiff present.
    Adv. Rakesh Kamble for defendant present.
    After the submission of the both the parties. It appears that matter would be likely to be settled if sent for mediation. Hence parties are directed to go for mediation.
    Matter is adj for mediation report on 13/03/19.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: None present.
    Matter adj for awaiting mediation report on 09/04/19.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Awaiting Mediation report till 29.4.2019
    Matter is adj for 29.4.2019
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 29-04-2019
    
    Date: 29-04-2019
    Business: 29th of April was declared as a holiday on account of  holiday polling day. Hence the matters on board of 29th April 2019 are taken on board of 30th April 2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: None present.
    Matter adj for mediation report on 29/07/19.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: None present.
    Adv.Ranjan Dwivedi for plaintiff present.
    Adv.for defendant absent.
    Heard, Ld counsel for plaintiff.
    Perused the contention of notice of motion and reply filed by plaintiff.
    According to the defendant the earlier notice of motion NO. 3400/2017 was dismissed by the court by passing order dated 30.01.2018. It is contented by the defendant that he had filed notice of motion for condonation of delay. Lastly he submitted that order dt 30.01.2018 be set aside and notice of motion no. 3400/2017 be restored.
    I have perused the affidavit filed by defendant in support of notice of motion.
    As my Ld. Predecessor while order dated 30.01.2018 dismiss notice of motion no. 3400/2017 observing that the defendant had failed to show sufficient cause for condonation iof delay. According to he defendant had filed an application vage avaerment and lastly she decided the notice of motion no. 3400/2017 on merit. After notice of motion is decided on merit then defendant has right to approach proper forum for appropriate relief However, defendant had as filed the present notice of motion on same ground. Therefore, I donot found any merit in the notice of motion. Hence I proceed to pass following order
    1) Notice of Motion No. 1479/2018 is dismiss with cost.
    Matter adjd to 12.09.2019 for ex-parte evidence.
    Nature Of Disposal: DISMISSED
    Disposal Date: 29-07-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105027/2018
    Filing Date: 09-04-2018
    First Hearing Date: 27th April 2018
    Decision Date: 29th July 2019
    Court Number And Judge: 32-

    Orders

    2
    Final Order 1Full order available
    29 Jul 2019

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 32 ASST SESSION JUDGE Case No. :NOTICE OF MOTION/0101479/2018 Tabrej Tajjudin Shikalgar Vs Dildar Shaikh Date : 29-07-2019 Business : None present. Adv.Ranjan Dwivedi for plaintiff present. Adv.for defendant absent. Heard, Ld counsel for plaintiff. Perused the contention of notice of motion and reply filed by plaintiff. According to the defendant the earlier notice of motion NO. 3400/2017 was dismissed by the court by passing order…

    Read Full Order
    Order 1Full order available
    29 Jul 2019

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 32 ASST SESSION JUDGE Case No. :NOTICE OF MOTION/0101479/2018 Tabrej Tajjudin Shikalgar Vs Dildar Shaikh Date : 29-07-2019 Business : None present. Adv.Ranjan Dwivedi for plaintiff present. Adv.for defendant absent. Heard, Ld counsel for plaintiff. Perused the contention of notice of motion and reply filed by plaintiff. According to the defendant the earlier notice of motion NO. 3400/2017 was dismissed by the court by passing order…

    Read Full Order

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