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NOTICE OF MOTION

Zaibunnisa Asgar Ali Shaikh Suit St. No. 4385/2020VsMr. Aman Baban Shaikh And Anr.

CNR MHCC0100539620201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd September 2022

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101859/2020
Registration Date
04 Dec 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-12-2020
    Business: Adv. J.R. Dube for plaintiff present.
    Adv. Saidane for deft. no.2 present.
    None for deft. no.1.
    Ld. counsel for plaintiff submitted that he has not received the copy of written statement and reply.  Ld. Counsel for deft. no.2 undertakes to supply the same.
    Adv. for plaintiff tendered registered N/M No.1859/20.  T.O.R.
    Plaintiff also to remove the office objection at the earliest.
    By the consent of the parties, the matter is adjourned for hearing on N/M No.1859/20 to 10.12.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present.
    The matter is adjd for N/M hearing and removing office objection to 12.01.2021.
    L.O.
    Adv. Dilip Satle for deft. no.2 present.
    The matter is already adjd for N/M hearing and removing office objection to 12.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv. Dubey for plaintiff present.
    None for deft.
    Adv. for plaintiff submitted that he has received communication from deft\''s advocate that he will be unable to attend the Court as he is going to be operated.  In the interest of justice, the matter is adjd for N/M hearing to 10.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Dube for plaintiff present.
    Adv. Saindane for deft. no.2 present.
    Ld. counsel for deft. no.2 seeks time for hearing on N/M. Granted.
    Meanwhile, plaintiff to register the suit.
    The matter is adjd for N/M hearing to 03.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: None present.
    The matter is adjd for reply  to 14.6.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 07.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. J.R. Dubey for plff is present.
    Adv.Vikas Saidani for deft no.2 is present.
    Plff is directed to take steps for registration of suit.
    On oral request matter adjourned for NM hearing.
    Matter adjd for NM hearing on 08.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Adv. Kharatmol for pltff present.
    On oral request of adv for pltff last chance is granted to take steps for removal of objection and registration of the suit.
    Earlier order to continue.
    Matter is adjd to 24/02/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: None for pltff.
    Adv. Vikas for deft no.2 present.
    Pltff to take steps for registration of the suit.
    Earlier order to continue if any till next date.
    Adjourned by way of last chance.
    Matter is adjd to 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv J.R.Dubey for plaintiff present.
    K.b. in Second session at 3.15 p.m.
    L.O. at 3.30 p.m.
    Adv J.R.Dubey for plaintiff present.
    Adv Madar Ydande for defendant no.2 present.
    Heard arguments of Ld. Adv for plaintiff in N.M. 1850/20.
    Matter adjd for arguments of defendant on 11/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Dube for plaintiff is present.
    Adv. Waidande for defendant no.2 is present.
    The plaintiff is hereby directed to register the suit, and  removing objections if any.
    Matter adjd to 13.09.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Dubey for plaintiff is present.
    None present for defendant.
    Heard Adv.for plaintiff.
    Earlier order, if any, continue till next date.
    Matter adjd to 22.09.2022 for order on NM No.1859/2020.
    Next Purpose: ORDER
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: None present for plaintiff and defendant.
    F.R.S.R. following order is passed in NM No. 1859/2020-
                                              ORDER
    Notice of Motion No. 1859/2020 is partly allowed. Prayer Clause (b) made absolute thereby defendants, their agents and servants are hereby restrained from interfering with possession of the plaintiff over the suit premises, by way of order of temporary injunction, till decision of the suit. Prayer clause (a) is hereby rejected.
    Notice of motion is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 22-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105934/2020
    Filing Date: 04-12-2020
    First Hearing Date: 04th December 2020
    Decision Date: 22nd September 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Sept 2022

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no.1859 of 2020, in Suit no. 4385 of 2020 MHCC010053962020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1859 OF 2020 IN SUIT NO.1521 of 2022 (SUIT STAMP NO. 4385 OF 2020) Mrs. Zaibunnisa Asgar Ali Shaikh ….. Plaintiff Versus Mr. Aman Baban Shaikh & Anr. ...Defendants CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO. 01) DATE : 22nd DAY OF SEPTEMBER,…

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