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NOTICE OF MOTION

Shoaib Alam Salim ShaikhVsZia Apartment CHS Ltd

CNR MHCC0100493920182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 01st October 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101571/2018
Registration Date
16 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 19-04-2018
    Business: Adv. Mr. Khan Javed for plaintiff present.
    He tendered registered N/M no. 1571/18.
    Adv. Ms. Thakkar for defendant present.
    Representative of defendant present.
    Adjd to 4.6.2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2018
    
    Date: 04-06-2018
    Business: Adv.Mr.Aasif Shaikh for Plff.present.
    Adv.Ms.Thakkar for Defendant present.
    On oral request of adv.for Plff.adjd.for hearing on 13.07.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Business: Adv.Mr.Khan Javed for Plff present
    Adv.Ms.Thakkar for Deft.present.
    Adv for Plaintiff has filed rejoinder along with the documents t.o.r.copy served to other side.
    Heard Ld.adv.for the Plaintiff.
    Ld.Adv.for defendant sought time to file certain documents and for arguments.  On her oral request adjd for N/m hearing on 19.07.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: H.H.J.is nominated as trainer for training on mediation hence today\''s Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Adv.Mr.Khan Javed Akhtar for Plff present.
    Adv.Ms.Thakkar for Deft present.
    Heard arguments partly.
    Adjd.for further arguments on 06.09.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Adv.Mr.Maiheskar for Plaintiff present.
    He filed reply to N/m t.o.r.
    Defendant Suresh Thorawade is present.
    Adv.Mrs.Pratima Singh for defendant present.
    She tendered original registered N/m No.2788/18 t.o.r.
    Affidavit of servie of N/m filed by adv.for defendant.
    Adv.Ms.Yasmin Sarang for respondent present.
    Order below N/m No.1296/2016
    Notice of Motion is not pressed by adv for defendant.  Hence N/m No.1296/2016 stands disposed of as withdrawn.  It be removed from Board.
    Adjd.for N/m hearing on 29.10.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Wrongly on today\''s Board already adjd.on 28.11.2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: HHJ is nominated as trainer for training on mediation hence today board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: Adv. Asif Shaikh for Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff filed pursis alongwith copy of order in NM No. 555/18 t.o.r.
    Heard Adv for Plaintiff.
    Matter is adj for NM order to 08.02.2019.
    L.O.
    Chairman of Defendant present.
    He sought adjournment.
    In the interest of justice matter is posted for hearing of Defendant on NM.
    Adj for NM hearing to 08.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv. Thakkar for Defendant present.
    Plff and Adv absent.
    As Court is busy in dictating order in Suit no.303/14 and in other matters, hence board is discharged and matter is adj for NM hearing to 25.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: Plaintiff and his advocate absent.
    Adv. Meenaxi Sahu for defendant present.
    KB
    LO
    Adv. J. P. Thakkar for defendant present.
    Adjourned for NM hearing to 30.3.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Plff and Adv absent.
    Adv. Thakkar for Defendant present.
    As Court is busy in recording evidence in 40 years old matter and in other Court work, hence adj for NM hearing to 04.06.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: As Court is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: Adv. Asif Shaikh for Plaintiff present.
    Plaintiff is present.
    Deft and Adv absent.
    As Presiding Officer is on training at Uttan, hence adj for NM hearing to 07.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Asif Shaikh for Plaintiff present.
    Adv. J.P.Thakkar for defendant present.
    K.B.
    L.O.
    As Court is busy in dictating order in other matter, hence adj for NM hearing to 18.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Adv.Khan for plaintiff present.
    Plaintiff absent.
    Adv.J.P.Thakkar for defendant present.
    Plaintiff is directed to file additional affidavit as to whether corporation had taken any decision in pursuance of order dated 29.08.2019
    Matter is adj. To 5.10.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: None present.
    As court is busy in passing judgment.
    Adjd. to 2.11.2019 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: None present for plaintiff.
    Adv. J.P. Thakkar for defendant present.
    Plaintiff is absent so, matter is adjourned as last chance for NM hearing in default for order.
    Adjourned to 20.11.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Plaintiff and advocate absent.
    Adv. Ms. J.P. Thakkar for defendant present.
    Plaintiff has not complied the order dated 18.09.2019.  Plaintiff is directed to comply the said order. Matter is adjourned as last chance for compliance and NM hearing in default necessary order will be passed.
    Adjourned for compliance and NM hearing to 05.12.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: None present for plaintiff.
    Adv. Nandesh Manek for defendant present.
    As a last chance plaintiff is directed to comply order dated 18.09.2019.
    Adjourned for compliance to 9.01.2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Plaintiff and adv. are absent.
    Adv. Thakkar for defendant present.
    Plaintiff has not made compliance of order dated 18.09.2019.
    Matter is adjourned for compliance in default for order to 12.02.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv Khan Javed Akhtar for plff present.
    He seeks time for compliance and NM hearing.  Granted.
    Matter stands Adj for compliance to 04/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv Jaiswar for plff present.
    Adv Nandesh Mane for deft present.
    Matter stands Adj for compliance of order dated 18/09/2019 and NM hearing to 12/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Adv. Amit Jaiswal for plff is present.
    Adv J. P. Thakkar for deft present.
    Exh 04 - Adv for plff filed additional affidavit in compliance of roznama dated 18/09/2019. t.o.r.  Copy served to Adv for deft.
    Matter stands Adj for NM hearing to 04/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Adv Khan Javed Akhtar for plff present.
    Adv Nandesh Mane for deft present.
    Matter stands Adj for NM Hearing to 06/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Kapadia, intern from the office of Adv for plff.
    He seeks time for NM Hearing.  Granted as last chance.
    Matter stands Adj for NM Hearing to 12/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2021
    
    Date: 12-04-2021
    Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Due to Covid-19 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: None for plff.
    Adv Nandesh Manik for deft present.
    Matter stands Adj for NM Hearing to 22/09/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None for plff.
    Adv Nandesh Manik for deft present.
    Plff filed additional affidavit as per order dated 29/08/2018.  Already last chances were granted to the plff for NM Hearing.
    Matter stands Adj for NM Hearing as last chance to 20/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Adv Amit Jaiswal for plff present.
    He seeks time for NM Hearing on the ground that his senior is held in Bandra Court in time bound matter.  Already last chance was granted to the plff for hearing on NM.  Grounds for adjournment is not tenable.  However in the interest of justice, adjournment is granted subject to cost of Rs. 1,000/- to be deposited with DLSA before next date.
    Adv Thakkar for deft present.
    Matter stands Adj for NM Hearing to 24/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Plff present.
    Adv Amit Jaiswal for plff present.
    He paid cost of Rs. 1,000/- with DLSA.
    He seeks time for NM Hearing.  Granted.
    None for deft.
    Matter stands Adj for NM Hearing to 18/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: P. O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: None for plaintiff.
    Adv. Nandesh Mani for defendant present.
    He seek time for n/m hearing. Time granted.
    Matter is adjd for n/m hearing to 06/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Both parties and their advocate are absent.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for n/m hearing to 01/10/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Both parties and their advocate are absent.
    Sufficient time is granted to work out n/m. Today also plaintiff and his advocate absent when called. Hence n/m no. 1571/2018 stands dismissed for default.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105285/2018
    Filing Date: 16-04-2018
    First Hearing Date: 19th April 2018
    Decision Date: 01st October 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    01 Oct 2022
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101571/2018
    Shoaib Alam Salim Shaikh Vs Zia Apartment CHS Ltd
    Date : 01-10-2022
    Business : Both parties and their advocate are absent. Sufficient time
    is granted to work out n/m. Today also plaintiff and his
    advocate absent when called. Hence n/m no. 1571/2018
    stands dismissed for default.
    Nature of Disposal : DISMISSED
    Disposal Date : 01-10-2022
    COURT 02 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    01 Oct 2022
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101571/2018
    Shoaib Alam Salim Shaikh Vs Zia Apartment CHS Ltd
    Date : 01-10-2022
    Business : Both parties and their advocate are absent. Sufficient time
    is granted to work out n/m. Today also plaintiff and his
    advocate absent when called. Hence n/m no. 1571/2018
    stands dismissed for default.
    Nature of Disposal : DISMISSED
    Disposal Date : 01-10-2022
    COURT 02 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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