NOTICE OF MOTION
Rashid Ahmed Shah - Suit Stamp No.5605 of 2018VsCenteral Railway And Ors
CNR MHCC0100565020188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th November 2022
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101705/2018
- Registration Date
- 25 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 03-05-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2018
Date: 19-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-07-2018
Date: 21-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: As court is busy in NM Hearing in SU No. 2842/2015.
Hence, board is discharged.
Earlier Order to continue till next date.
Matter adj. to 26/11/2018 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Adv. Ms. Sheetal for Plaintiff present.
Adv. Mr. Tiwari for Defendant No. 1 present.
Earlier order to continue, if any.
Matter adj. to 11/03/2019 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Babu for the Plaintiff present.
Adv. Viren Tripathi for Defendant present.
Matter is adjd. to 10/10/2019 for NM reply.
Earlier order to continue till then, if any.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: As Court is busy in hearing on Notice of Motion in suit No. 846/16.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjourned for NM hearing to 04/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Babu for Plaintiff is present. He seeks time for N/M hearing. O granted.
None present for defendant
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for N/M hearing to 31/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. Mr. Babu for the plaintiff.
Adv. Mr.V. Tripathi for the defendants.
He waives the service of summons and tenders written statements.
Written statements filed by defendants. t.o.r.
Matter is adjd. to 20/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Mr. Babu for the plaintiff present.
None for defendants.
Matter is adjd. for NM hearing to 09/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: As Court is busy in argument in NM 4869/19 in SU 2390/13. Hence, board is discharged.
Matter is adjd. to 04.12.2021 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv Mr.Babu present for the plaintiff.
Adv Mr.Jaganathan present for the defendant.
Adv for the defendant filed application for recalling of the order TOR O- Other side to say.
Matter is adjd. to 01.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv.Babu for Plaintiff is present.
None for defendant.
Earlier order if any to continue till next date.
Matter is adjd. to 01.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
Adv. Babu for plaintiff present.
Adv. Virendra Tripathi for deft present and submitted that he will take appropriate motion of recalling the order dtd.10/10/2019.
Earlier order if any to continue till next date.
Matter adjd for NM hearing to 6/4/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Babu present for plaintiff.
Adv. l. k. tripathi present for defendants .
Adv. For plaintiff filed say on application for recalling the order.
Heard ld. Adv. For defendant and ld. Adv. For plff. On application for recalling the order.
Following order is passed on application for recalling the order.
Order - Defendants have taken out the present application for recalling the no reply order dt. 10/10/2019 and for taking on record defendant\''s reply. The present application is not supported by any affidavit as per City Civil Court Rules. Therefore, there appear substance in the contention of advocate of plaintiff that present simple application is not tenable and defendants will have to take appropriate notice of motion. As such the present simple application is not tenable and therefore it is dismissed with liberty to the defendants to take appropriate motion.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hrg. To 22/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Adv. Babu hf adv. Bhatt present for plaintiff and sought adjournment.
Adv. Mukesh tiwari hf Adv. L. K. Tripathi present for defendant 01 and 02 and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register..
Copy served to the advocate for the plaintiff.
Earlier order, if any, to continue till next date.
Matter adjourned for reply and hearing on notice of motion to 06/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present for plaintiff.
Adv. Viren Tripathi present for all defendants and tendered original registered NM No. 2288/2022 @ affidavit TOR.
As plaintiff and his advocate is absent.
Earlier order, if any, to continue till next date.
Matter adjourned for no reply order/ NM hearing to 21/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: (Matter pertains to C. R. No. 08.)
Adv. Babu h/f Adv Bhatt present for plaintiff.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned for hearing to 22/08/22.
Next Purpose: HEARING
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None present for plaintiff.
Adv. Viren Tripathi present for defendant.
It appears that Inspite of just opportunity, plaintiff did not filed reply to the nm no. 2288/2022, Hence, notice of motion 2288/2022 be proceeded without reply of plaintiff.
Heard arguments of ld adv. For defendant on nm no. 2288/2022.
As plaintiff and his adv. are absent, Matter adjourned for arguments of plaintiff if any and order on nm no. 2288/2022 to 20/09/22.
l.o.at 03.56 pm.
Adv. Babu h/f Adv Bhatt present for plaintiff.
Earlier order, if any, to continue till next date.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: None present for plaintiff.
Adv. L. K. Tripathi present for defendant 01 and 02.
As the plaintiff and his advocate are absent and failed to advance his argument on nm no. 2288/2022, Matter adjourned for order on nm no. 2288/22 to 27/09/22.
Next Purpose: NM ORDERS
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None present for plaintiff.
None present for defendant.
F.R.S.R. following order is passed on Notice Of Motion No. 2288/2022.
ORDER
1) Notice of Motion No. 2288/2022 is made absolute
2) Reply affidavit of defendants to the the Notice Of Motion No. 1705/2018 be taken on record if tendered on or before next date.
3) Notice of Motion No. 2288/2022 is disposed off accordingly.
In view of the above order, affidavit in reply of defendants to nm
no. 1705/2018 be taken on record.
Earlier order, if any, to continue till next date.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for nm hearing to 19/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None present for plaintiff.
Adv. L. K. Tripathi present for defendants.
As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 15/11/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: None present for plaintiff.
Adv L K Tripathi present for defendants.
From the record it appears that, plaintiff and his adv are absent since long and did not take any steps to proceed further with the NM no. 1705/2018. Therefore the matter is kept for dismissal order of NM no. 1705/2018. Today also plaintiff and his adv are absent. From the above conduct of plaintiff it appears that plaintiff is not interested to proceed further with the NM no. 1705/2018. Therefore, it will be appropriate to dismiss the NM no. 1705/2018 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM no. 1705/2018 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
Nature Of Disposal: DISMISSED
Disposal Date: 15-11-2022Additional Case Details
Additional Case Details
Filing Number: 106144/2018 Filing Date: 25-04-2018 First Hearing Date: 03rd May 2018 Decision Date: 15th November 2022 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
2Final Order 115 Nov 2022
15 Nov 2022
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101705/2018 Rashid Ahmed Shah - Suit Stamp No.5605 of 2018 Vs Centeral Railway And Ors Date : 15-11-2022 Business : None present for plaintiff. Adv L K Tripathi present for defendants. From the record it appears that, plaintiff and his adv are absent since long and did not take any steps to proceed further with the NM no. 1705/2018. Therefore the matter is kept for dismissal order of NM no. 1705/2018. Today also plaintiff and his adv are absent. From the above conduct of plaintiff it appears that plaintiff is not interested to proceed further with the NM no. 1705/2018. Therefore, it will be appropriate to dismiss the NM no. 1705/2018 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM no. 1705/2018 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. Nature of Disposal : DISMISSED Disposal Date : 15-11-2022 COURT 08 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 115 Nov 2022
15 Nov 2022
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101705/2018 Rashid Ahmed Shah - Suit Stamp No.5605 of 2018 Vs Centeral Railway And Ors Date : 15-11-2022 Business : None present for plaintiff. Adv L K Tripathi present for defendants. From the record it appears that, plaintiff and his adv are absent since long and did not take any steps to proceed further with the NM no. 1705/2018. Therefore the matter is kept for dismissal order of NM no. 1705/2018. Today also plaintiff and his adv are absent. From the above conduct of plaintiff it appears that plaintiff is not interested to proceed further with the NM no. 1705/2018. Therefore, it will be appropriate to dismiss the NM no. 1705/2018 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM no. 1705/2018 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. Nature of Disposal : DISMISSED Disposal Date : 15-11-2022 COURT 08 ADDL SESSIONS JUDGE -- 1 of 1 --
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