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NOTICE OF MOTION

Mohammed Mujeeb Rahmatullah Shaikh - Suit St. No. 5533/2020VsThe Board Of Trustees and Anr.

CNR MHCC01004961202020-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 08th February 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101648/2020
Registration Date
10 Nov 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-11-2020
    Business: Adv. Sushmita for plaintiff present.
    Adv. Nandkishor for defendant No.1 and 3 present and undertakes to file vakalatnama.
    Adv. for plaintiff tendered original Notice of Motion No.1648/2020 alongwith affidavit. TOR.
    Adv. for plaintiff filed service affidavit. O-seen. TOR.
    Heard Argument of both Advocates in NM No.1648 of 2020.
    F.R.S.R. following order is passed in NM NO.1648/2020
    ORDER
    Heard both learned advocates. The learned advocate appearing the defendant no.1 and 3 submitted that short time be given to file reply. On the contrary the learned advocate for plaintiff submitted that if short time is given then interim relief be granted. Perused Notice of Motion and affidavit in support of Notice of Motion. Considering nature of suit and the fact that defendant no.1 and 3 did no file reply, I am of the opinion that interim relief as per prayer clause C and D can be granted till filing reply, otherwise purpose of filing suit will be frustrated. Hence following order.
    Defendant No.1 and 3 are hereby directed not to remove plaintiff and/or his servants from the suit premises and not to prohibit the plaintiff and/or his servants from entering and working from the suit premises i.e. Gala No.402 which is specifically mentioned in the plaint only till filing Reply by Defendant no. 1 and 3 to this Notice of Motion no.1648 of 2020.
    Matter Adj. for filing reply by deft no. 1 and 3 to NM No.1648/2020 on 06/01/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Adv. Mr. Nandkishore I/b DSK Legal for defendant No. 1 and 3 present.
    K.B. L.O. at 3.10 pm
    Adv. Nandkishore I/b DSK legal filed vakalatnama on behalf of defendant No. 1 and 3. t.o.r.
    Adv. for defendant No. 1 and 3 filed reply to notice of motion of plaintiff.
    Defendant to serve the copy of reply to the plaintiff.
    Adjd for NM hearing to 11/02/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Susmita Laware for plaintiff present.
    Adv. Mr. Nandakishore for defendant No. 1 and 3 present.
    FRSR FOLLOWING ORDER PASSED IN Notice of motion No. 1648/20
                                     ORDER
    1. The notice of motion No. 1648/20 is dismissed.
    2. Accordingly, notice of motion  is disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105601/2020
    Filing Date: 10-11-2020
    First Hearing Date: 23rd November 2020
    Decision Date: 08th February 2021
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Feb 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 1648/2020 in Suit 1350/2020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1648 OF 2020 IN S.C. SUIT NO. 1350 OF 2020 CNR NO. : MHCC01-004961-2020 Mohammed Mujeeb Rahmatullah Shaikh Proprietor of Mujib Chicken Shop …Plaintiff Versus The Board of Trustees of Mumbai Port Trust & Ors. ...Defendants Appearance: Advocate Smt. Sushmita Lawane for Plaintiff. Advocate Mr. Nand Kishore i/b DSK Legal for Defendants. CORAM : SMT.…

    Read Full Order

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