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NOTICE OF MOTION

Sunder Muddanna ShettyVsShezadi Begum Mohammed Ali and Ors. - Applicant - Madhukar Shankar Deshmukh

CNR MHCC01005095202063-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101718/2020
Registration Date
11 Nov 2020
Next Hearing Date
21 Oct 2026
Case Stage
CS FOR DISMISSAL

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 04-12-2020
Business: None present.
Matter is adj to 30/01/2021 for C/S hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Vitthal S Dudhani, Representative of Court Receiver, High Court, Bombay.
Adv Pooja Waigankar for applicant in N.M. 1718 of 2020. She tendered register N.M. 1718 of 2020.
Adv Pooja Waigankar  also representing for defendant no.5.
Adv Ruchita Desai for plaintiff present. She requested adjournment to file reply in N.M. 1718 of 2020.
Matter adjd for N.M. reply and hearing on 17/03/2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Next Purpose: REPLY
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Adv for plaintiff present. She requested adjournment for filing N.M. reply.
Due to the pandemic of Covid-19 the Court is functioning for limited time.
Matter adjd for N.M. reply and hearing on 02/08/2021.
Next Purpose: REPLY
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Advocate Khushi Varma for plaintiff is present.
Advocate Siddhant Singh h.f. Advocate Bipin Joshi for defendant no.1 is present.
None for other defendants.
Matter is fixed for hearing on NM NO. 1718/2020 of defendant no.5 and NM NO. 2863/2018 of defendant no.3 and CS NO. 1905/2018 of LRs of defendant no.2. But, defendant no.5, defendant no.3 and LRs of defendant no.2 are absent. No adjournment application on record. Hence, matter is keep for order.
Adjd. for order to 09/06/2023.
Next Purpose: ORDER
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Sarthak Solaskar I/b Vinod Mistry and Co. present for plaintiff.
Adv. Siddhant Singh h/f Adv. Bipin Joshi present for defendant nos.01 to 04 and sought time to argue on CS no.1905/2018, adjournment as a last chance.
Matter is adjd. for hearing to 07.07.2023.
Next Purpose: HEARING
Next Hearing Date: 07-07-2023

Date: 07-07-2023

Date: 09-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Sonal Avasthi present for plaintiff.
Adv. Sindhu Kala present for defendant nos.01a to 01d, 03 and 04 and sought time to argue as senior advocate is not available.
Matter is adjd. for hearing to 18.09.2023.
Next Purpose: HEARING
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Arvind Giriraj alongwith ADv. Sonal Awasthi, Adv. Mr. Sarthak Salakar i/b Vinod Mistry and Co. present for plaintiff.
Adv. Bipin Joshi present for defendant nos.01 to 04.
Plaintiff is present.
Matter is adjd. for C/S hearing to 01.11.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Arvind Giriraj alongwith Ms. Sonal Awasthi i/b Vinod Mistry and Co. present for plaintiff and placed on record list of documents. taken on record. Copy is served on advocate for defendant.
Adv. Sakhsi Agarwal i/b Adv. Bipin Joshi present for defendant nos.01a to 01e, 03 and 04.
Matter is adjd. for C/S hearing to 13.12.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Arvind Giriraj alongwith Adv. Mansi Shah and Adv. Sarthak Solaskar i/b Vinod Mistry and Co. present for plaintiff.
Adv. Bipin Joshi present for defendant nos.01a to 01e, 03 and 04.
Matter is adjd. for NM hearing to 12.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Arvind Giriraj alongwith Adv. Sarthak Solaskar i/b Vinod Mistry and Co. present for plaintiff.
Adv. Abhishek Kase h/f Adv Bipin Joshi present for defendant nos.01a to 01e, 03 and 04 and requested for adjourment.
Matter is adjd. for NM hearing to 16.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Arvind Giriraj alongwith Adv. Sonal Awasthi and Adv. Sarthak Solaskar i/b Vinod Mistry and Co. present for plaintiff.
Adv. Bipin Joshi present for defendant nos.01a, 01c to 01e, 03 and 04 and for applicant in Chamber Summons no.1905/2018.
Adv. Patel Maihebub Babu present for defendant no.01b and filed Vakalatnama. Taken on record. Marked as Exh-39.
Matter is adjd. for NM hearing to 03.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Arvind Giriraj alongwith Adv. Sarthak Solaskar present for plaintiff.
Adv. Sakshi Agarwal h/f Adv. Bipin Joshi present for defendant nos.01a, 01c to 01e, 03 and 04 and requested for adjournment.
Matter is adjd. for NM hearing to 21.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Arvind Giriraj present for plaintiff.
Adv. Janvi Vaje present for defendant nos.01a, 01c to 01e and requested for adjournment as she is going to withdraw the Vakalatnama for the above defendant.
Adv. Ibrahim Vakil present for defendant no.01b and requested for time to file reply.
Matter is adjd. for NM for hearing to 05.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Sarthak Solaskar alongwith Adv. Arvind Giriraj present for plaintiff.
Adv. Dixiti More present for defendant nos.01a ,01c to 01 (e).
Matter is adjd. for NM hearing to 04.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Arvind Giriraj alongwith Adv. Sonal Awasthi i/b Vinod Mistry and Co. present for plaintiff and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register is granted.
Adv. Sushant Kashid present for defendant no.01(b) and undertakes to file Vakalatnama.
Defendant no.04 is present.
Defendant no.02 is not appearing since long hence Chamber Summons no.1905/2018 is kept for dismissal order.
Matter is adjd. for CS reply to 27.11.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Adv. Artiad Giriraj i/b Vinod Mistry & Co. present for plaintiff.
Adv. Dikshita More h/f Adv. Bipin Joshi  present for defendant no 1(a), 1(c),to 1(e).
Adv. Ibrahim Vakil present for defendant no 1(b) and requested for time to reply.
Adv. for plaintiff supplied  copy of Notice of Motion to advocate for defendant No. 1(b).
Matter is adjd. for C/S REPLY to 08.01.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Sonal Awasthi i/b Vinod Mistry and Co. present for plaintiff.
Adv. Sushant Kashid present for defendant no.01(b) and requested for time to file reply. O- Granted as a last chance.
Matter is adjd. for CS Reply to 10.03.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: Adv. Sonal Awasthi i/b Vinod Mistery & Co.  present for plaintiff and filed affidavit of service t.o.r
Adv. Shaneen Dhamskar Imtiyaz  present for defendant No. 1(b) and requested for time to filed reply.
Defendant no. 4 present.
Matter is adjd. for  C/S REPLY to  06.05.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: Adv.Arvind Giriraj a/w Adv.Sonal Awasthi and Adv.Sarthak Solaskar i/b Adv. Vinod Mistry and Company present for plaintiff.
Advocate present for defendant and requested for adjourned. O- granted
Last Chance.
Matter is adjd. for  Notice of Motion Reply and Hearing to 13.06.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
Adv. Sonal Awashti present for plaintiff.
Adv. Ibrahim J. Vakil present for defendant no.01(b).
Matter is adjd. for NM reply to 16.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
Adv. Sarthak Solaskar present for plaintiff.
Adv. Patel Mehboob present for defendant no.01(b).
KB
Adv. for defendant no.01(b) and filed reply to Notice of Motion no.5016/2024 along-with affidavit in support. Taken on record.
Matter is adjd. for NM hearing to 25.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: Advocate Arvind Giriraj present for plaintiff.
Advocate Ibrahim present for defendant No.1(b).
Kept back
Later on at 4.20 p.m.
Heard arguments of both the parties on NM No.5016 of 2016.
Matter is adjd to 16.10.2025 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-10-2025

Date: 16-10-2025
Business: Advocate Sonal Awasti present for plaintiff.
Advocate Vakil present for defendant.
For reason separately recorded following order is passed.
ORDER
       1. 	Notice of Motion No.5016 of 2024 is allowed.
       2. 	Plaintiff is permitted to do the repairs of the suit
                premises as advised by the licensed Structural Engineer
               vide Audit Report dtd. 20-04-2024.
       3. 	Plaintiff is also permitted to approach the BMC for the
               trimming of branches of the trees which are extending
               from the large trees from the suit premises.
       4.	Plaintiff is directed to follow strict rules as applicable.
5.	Accordingly, Notice of Motion No.5016 of 2024 is 	disposed off.
Matter is adjd to 19.12.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: As Court is on leave in second session, hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: Advocate Sonal Awasti present for plaintiff.
Advocate Rahul Gupta present for defendant No.1(b).
Kept back
Later on at 3.55 p.m.
Advocate Arvind Giriraj present for plaintiff.
Advocate Rahul Gupta present for defendant No.1(b).
None appeared for applicant since long in Ch/s No.1905/18. Hence, Ch/s be kept for dismissal.
Matter is adjd to 06.05.2026 for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: Advocate Sonal Awasthi present for plaintiff.
Advocate Rahul Gupta present for defendant No.1(b).
Kept back
Later on at 4.50 p.m.
Advocate Arvind Giriraj present for plaintiff.
Matter is adjd to 19.08.2026 for Ch/s Dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: Advocate Sonal Awasti present for plaintiff.
Advocate Rahul Gupta present for defendant No.1(a).
Matter is adjd. for Ch/s Dissmisal to 21.10.2026
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 21-10-2026

Additional Case Details

Additional Case Details
Filing Number: 103741/2020
Filing Date: 11-11-2020
First Hearing Date: 04th December 2020
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

Orders

0

No order text is available in this record.

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