NOTICE OF MOTION
Rashid Chunnu Khan +3 moreVsMHADA +2 more
CNR MHCC0100572320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102067/2019
- Registration Date
- 12 Jun 2019
- Next Hearing Date
- 13 Oct 2026
- Case Stage
- C/S HEARING
Advocates
2For Petitioner
For Respondent
Parties
7Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 19-06-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv.Yogesh Tripathi for plaintiff present.
Adv.Satamkar for defendant 1 and 2 present.
Adv. Shachi Udeshi for defendant No.3 present.
Matter adj for NM reply to 04.12.2019.
Next Purpose: REPLY
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Yogesh Tripathi for plaintiff is present.
As Court is busy in hearing urgent matter and passing interim orders, board discharged.
Matter adj for NM reply on 20/12/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Yogesh Tripathi for Plaintiff is present. He seeks time for tendering reply to NM .
Adv. Gardare (SA) for defendant no.4 is present.
Adv. Shiralkar for defendant no. 3 is present
Adv. Satamkar h/f Adv. Kandekar for defendant no.1 and 2 is present.
Matter is NT.
Matter is adjd. for NM reply to 07/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Girish Pawar I/b adv. N.K Singh for Plaintiff is present.
Adv. Shiralkar for defendant no. 3 is present.
Matter is NT.
Sheristedar is directed to trace out the file with the help of peons.
Matter is adjd. for NM hearing to 31/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Matter is adjd. to 15.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None for plaintiff.
Adv. Sachi Qureshi for defendant No.3 present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the plaintiff. O- Leave to register N/M is granted.
Matter is adjd. to 04/10/2021 for tendering registered NM/ NM No.2067/2019 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: As the Court is busy in dictating Judgment in SU No.623/2012 and NM No.1621/2018 (SU No.1542/2017) order and inspection of Notary Work. Hence, board is discharged.
Matter is adjd. to 06/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None present for the plaintiff.
Adv Pathak H/f Adv Kandekar present for MHADA.
Adv Sachi Udeshi present for the defendant no.3
Adv for the defendant no.3 filed register NM No.2005/21 Tor
She also filed WS TOR
Matter is adjd. to 29.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 17.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Plaintiff Rashid Khan present in person and he seeks time.
Adv. Kandekar for defendant no. 1 and 2 present.
Adv.Pooja Rathi for defendant no. 3 present.
Matter is adjd. to 16-06-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Plaintiff no. 2 in person present.
Adv.Fatema Kachwalla for defendant no. 3 present and filed V/P. TOR and marked as Exh. 6
Plaintiff is directed to present for hearing of N/m. Failing which defendant will be heard and decide the N/m on merit.
Matter is adjd. to 10-08-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Plaintiff in person present.
Adv Pathak H/f Adv Kandekar present for MHADA/DEFt.no. 1 and 2.
Adv. S.R. Alana for Deft no. 3 present.
KB for plaintiffs advocate.
LO at 4.39 pm
Plaintiff submitted that he is going to change the advocate. Hence,
Matter is adjd. to 29.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Plaintiff present and submitted that he will file VP of new Advocate and requested to keep back the matter hence keep back.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.No.1 and 2.
Adv. S.R. Alana present for deft.no. 3.
As Court is busy in hearing NM Nos. 1686/19 and 4498/17 in Suit No. 287/17. Hence, Board is discharged.
Matter is adjd. to 25.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Date: 21-01-2023
Business: Plaintiff Nos. 1 and 2 are present and submitted that his advocate is not present. Hence, seeking time. Time granted.
Adv. S.R. Alana for defendant no. 3 present.
Matter is adjourned to 16.03.2023 for Notice of Motion Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: None present for the plaintiff.
Adv. Ms. Harshita Darji h/f Adv. Kandekar for defendant Nos. 1 and 2/MHADA is present.
Adv. Mr. Akhil for defendant No. 3 is present.
Adjourned for NM hearing to 26.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: None present for the plaintiff.
Adv. Mr. S.R. Allana for defendant No. 3 is present and submits that plaintiff has sought time for engaging advocate since many dates. However, his not appearing and proceeding with the matter.
Heard arguments ld. advocate for defendant No. 3 on NM
No. 2005/2021.
The following Order is passed on NM No. 2005/2021:
Defendant No. 3 has taken out present Notice of Motion for taking on record his written statement and condoning delay in filing written statement. It contended that writ of summons has not been served upon defendant till date. Further, it is submitted that on account of out break of Covid-19 pandemic in March 2020 defendant No. 3 was unable to file written statement with the Court from filing of plaint up to the filing of present Notice of Motion approximately 1146 days have been passed. However, delay is not intentional and deliberate. Therefore, defendant No. 3 prayed for allowing Notice of Motion. No reply has been filed by plaintiff to Notice of Motion. Considering the grounds, it would be just and proper to condone delay in filing written statement subject to imposing cost on the defendant No. 3 for causing delay in the matter. In the result, I proceed to pass following Order:
ORDER
1. Notice of Motion No. 2005/2021 is allowed.
2. Delay caused in filing WS is hereby condoned and WS is taken on record subject to payment of costs of Rs. 1,000/- (Rs. One Thousand) to be deposited in DLSA, Mumbai on or before next date.
3. Upon payment of costs WS be taken on record.
4. Notice of Motion No. 2005/2021 stands disposed off.
Matter is adjourned to 21.09.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Plaintiff is present.
Adv. Mr.Vinod Fartade for the plaintiff is present. He undertakes to file VN for plaintiff by obtaining NOC and seeks adjournment for NM hearing.
Advocate for defendant no.3 apposed to the adjounment by submitting that plaintiff is seeking adjounnment on same ground since many dates. Considering submittion matter is adjourned for NM hearing.
Adv. Mr. S.R.Allana for defendant No.3 is present.
Adjourned for NM hearing to 05.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Mr. Vinod Phadtare for the plaintiff Nos. 1 to 3 is present.
Adv. Mr. Virgil Braganja for defendant No. 3 is present.
Adv. Mr. N.K. singh for defendant Nos. 5 and 11 is present.
Adv. for the plaintiff seeks time to file VP on behalf of plaintiff Nos. 1 to 3. Time is granted.
Matter is adjourned to 07.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: None for the plaintiff.
Adv. Mr. Vinod Phadtare for defendant no.1 to 3 is present.
Adv. Mr. Virgil i/b JSA for defendant no.5 is present.
Adv. Mr. N.K.Singh for defendant no.11 is present.
Adv. Vinod Phadtare for defendant no.1 to 3 seeks time to file VN by obtaining NOC.
Matter is adjourned to 13.06.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: None for the plaintiff.
Adv. Ms.Diwan for defendant No.1/MHADA is present.
Matter is adjourned to 24.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Plaintiff No.2 is present.
Adv. Ms.Diwan for defendant/MHADA is present.
Adv Mr. Kabir for defendant no.3 is present.
Matter is adjourned to 10.09.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Adv. Vinod Phadtar present for plaintiff.
Adv. Shaan Bhatt i/b. Adv. J. Sagar Associates present for defendants.
Advocate Shweta h/f. Advocate Kandekar for defendant/MHADA present.
As plaintiff and his advocate are absent, Matter is adjourned to 06/11/24 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: None present for plaintiff.
Adv. Kabir Saund present for defendant no. 3.
Plaintiff to remain present on next date without fail.
Deft. No. 5 and 11 to register draft motion filed on 26.10.2023.
Matter is adjourned to 07.03.2025 for hearing on NM/ compliance/necessary order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Kapse for defendant no. 6/State present.
Adv. Harshita Darji h/f Adv. Pushpalata Tiwari for defendant no. 1 and 2/MHADA present.
Defendant no. 5 and 11 absent.
Inspite of specific direction on last date, defendant no. 5 and 11 failed to tender the registered draft NM. This shows that, defendant no. 5 and 11 are not interested to proceed further with the draft NM. Hence, draft NM is disposed of for want of prosecution.
Inspite of specific direction plaintiff is absent today. Hence, Matter is adjourned for dismissal order to 22/04/25.
Next Purpose: DISMISSAL
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: As the Court is on leave. Hence, board is discharged and matter stands adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: None present for plaintiff.
Adv. Virgil Braganza i/b Adv. J. S. A. present for defendant no. 3.
KB LO at 04.48 pm.
After perusal of record it is noticed that, matter is fixed for dismissal order, however, it is placed for the first time before me. Record shows that, NM no. 2067/19(defendant no. 4) and NM no. 1947/2018 (Plaintiff) are pending. Plaintiff and defendant no. 4 are absent when called till 04.50 pm. It appears they are not interested to proceed with the NM. Hence, both the motion be fixed for dismissal order.
Matter is adjourned for dismissal to 30/07/25.
Later on at 04.53 pm.
Plaintiff no 1 present and submitted that, his advocate is not supporting and he wants to appoint advocate through Legal Aid.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: All Plaintiffs are present.
Adv. Virgil Braganza present for defendant no. 3.
Adv. Diwan present for defendant/MHADA.
The NM is kept for dismissal. However, today plaintiff appeared and submitted that, they want to appoint advocate through legal aid. Plaintiffs are directed to move necessary application and to take steps in the matter. Matter be removed from the caption of dismissal.
Matter is adjourned for taking steps to 04/09/25. (Afternoon session)
Later on at 05.38 pm.
Plaintiffs filed application for providing counsel from Legal Aid. .t.o.r marked as Exh. 7. O- It be forwarded to the DLSA Office.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2025
Date: 04-09-2025
Business: Plaintiff present and submitted that yet legal aid is not provided hence, sought adjournment.
Adv. Briganza present for defendant no.3.
Matter is adjourned to 15.10.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: Adv. Ajinkya Sarvade present for plaintiff and filed VP. t.o.r. marked as Exh.__. O-Seen and filed.
Adv. P. N. Diwan present for defendant nos.1 and 2/MHADA.
Adv. Virgil Braganza i/b JSA present for defendant no.3.
Adv. Sarjerao Patil for applicant/proposed defendant no.16 present and tendered draft CS alongwith affidavit in support of same. TOR.
O-Leave granted to register.
copy supplied to plaintiff and defendant no.3.
Matter is adjourned to 20.11.2025 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: Plaintiff nos.1 and 2 a/w Adv. Meena V. Sarvade h/f Adv. Ajinkya Sarvade present and filed application for adjournment. TOR and marked as Exh.9. O-Adjournment is allowed as a last chance.
Adv. Sarjerao B. Patil present for applicant in CS 2838/2025 and tendered registered CS no.2838/2025 alongwith affidavit in support. TOR. He also filed Vakalatnama. TOR and marked as Exh.10. O-Seen and filed.
Adv. Shaan Bhatt i/b J. Sagar Associates present for defendant no.3 and requested for time to file reply to the CS. O-Time granted as a last chance.
Matter is adjourned to 16.12.2025 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-12-2025
Date: 16-12-2025
Business: Adv. K.M. Bhatia h/f Adv. Ajinka sauvade present for plaintiff and requsted time allowed as last chance.
Adv. Amruta Kundap i/b Adv. Diwan present for defendant no. 1 and 2 MHADA.
Adv. Virgil Braganza i/b Jha for defendant no.3 present.
Adv. Sarjerao B. Patil through Mumbai DLSA ch/s for proposed/applicant defendant and supplied copy ch/s to defendant no.11
Matter is adjourned to 07.01.2026 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: Adv. K. M. Bhatia h/f Adv. Ajinkya present for plaintiff.
Adv. Amruta Kundap h/f Adv. P. N. Diwan present for defendant nos.1 and 2/MHADA.
Adv. Virgil Braganza h/f JSA present for defendant no.3.
Adv. Suresh M. Jadhav for defendant no.15 present and filed Vakalatnama. TOR and marked as Exh.11. O-Seen and filed.
Adv. Sarjerao Patil for proposed defendant no.16/applicant in CS present.
Advocate for plaintiff submitted that she will file say on Chamber Summons no.2838/2025 till next date. Moreso, Adv. Jadhav for defendant no.15 also submitted that he is going to file say till next date on said Chamber Summons. Considering the alleged relationship between the parties as submitted by proposed defendant. It is necessary to have the say of the plaintiff as well as remaining defendants. Hence, keep the matter on 05.02.2026 for filing of say, if the above parties failed to file say on 05.02.2026 further order will be passed.
Matter is adjourned to 05.02.2026 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2026
Date: 05-02-2026
Business: Adv. Ajinkya Sarvade present for plaintiff.
Adv. Amruta Kundap i/b Adv. Diwan present for defendant/MHADA.
Adv. for defendant no.2 present.
Adv. Virgil Braganza i/b JSA for defendant no.9 present.
Adv. Suresh M. Jadhav for defendant no.15 present and filed reply to CS 2838/2025. TOR. O-defendant no.16 to argue.
Adv. for proposed defendant no.16 present.
Remaining defendants are directed to file reply till next date.
Matter is adjourned to 07.03.2026 for reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-03-2026
Date: 07-03-2026
Business: CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
None present for plaintiff.
None present for defendants.
Kept Back.
Later On. At 03.25 p.m.
Adv Rupal Dugar i/b JSA for defendant no.3 is present.
Adv Mohd Jamil for deft no.12, 14 and 15 is present.
Adv. Amruta Kundap i/b Adv. Diwan present for defendant/MHADA.
Adv Farheen Chaudhari for deft no.16 is present.
Matter is adjourned to 30/03/2026 for C/S reply.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: Plaintiff no.1 present.
Adv. Ajinkya Sarvade present for plaintiff.
Adv. Dishay Chitalia i/b J. Sagar Associates for defendant no.3 present.
Adv. Amruta Kundap i/b Adv. Diwan present for defendant/MHADA.
Adv. Mohd. Idris Javed present for defendant nos.12 and 14/applicant in CS and tendered draft CS alongwith affidavit in support of same. TOR. O-Register the CS. He also filed filed Vakalatnama on behalf of applicant and defendant nos.12 to 15. TOR and marked as Exh.__.
O-Filed.
Adv. Sarjerao Patil for proposed defendant no.16 present.
Matter is adjourned to 18.06.2026 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: CORAM H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
Adv.K. M. Bhatia for plaintiff present.
Adv.Virgil Bragan for defendant no.3 present.
No reply filed by plaintiff and defendant on the chamber summons as no copy of the same supplied by the applicant who has filed the chamber summons, hence, applicant is directed to supply copy of chamber summons to the plaintiff and remaining defendant.
Matter is adjourned to 07.08.2026 for C/s reply/Supply copy of chamber summon.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: None present for plaintiff.
Adv. Virgil B. i/b JSA for defendant no.3 present.
Adv. Sarjerao Patil present for proposed party/defendant no.16.
Adv. Amruta Kundap i/b Adv. Diwan for defendant/MHADA present.
Advocate for defendant no.3 submitted that he has not received the copy of CS filed by third party hence as directed on last date again the thrid party applicant is directed to supply the copy of CS 2838/2025 to defendant no.3 forthwith.
Matter is adjourned to 08.09.2026 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: None present for plaintiff.
Adv. Virgil Braganza alongwith Adv. M. Dedhia i/b JSA for Defendant No.3 is present.
Reply is already filed by the Plaintiff on Ch/s no.2838/2025 filed by third Party/applicant.
Adv. Sarjerao B. Patil for proposed deft. /Applicant No.16 is present.
Matter is adjourned to 13.10.2026 for Ch/s. hearing.
Judge
Next Purpose: C/S HEARING
Next Hearing Date: 13-10-2026Additional Case Details
Additional Case Details
Filing Number: 106253/2019 Filing Date: 12-06-2019 First Hearing Date: 19th June 2019 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
