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NOTICE OF MOTION

Ms. Halima Babamiya Sayed - Suit Stamp No.5250 of2018VsMs. Urooj Mazhar Khan

CNR MHCC01005873201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th September 2021

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101806/2018
Registration Date
02 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ms. Halima Babamiya Sayed - Suit Stamp No.5250 of2018

    Respondent

    1. 1Ms. Urooj Mazhar Khan

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-06-2018
Business: None present for the plff.
The plff has not made compliance in respect of suit and N/M. Hence suit and N/M be kept for dismissal order.
Matter adjd to 14.06.2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-06-2018

Date: 14-06-2018
Business: Adv. Mr. Ramanand Siqwal  for pltff present.
Advocate for the plaintiff seeks adjournment for compliance of objections. Granted as a last chance.
Matter adjd to 27.07.2018 for compliance by the plff/ affidavit of service of writ of summons/ affidavit of service of N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-07-2018

Date: 27-07-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Adv. Ms. Archana Shelar for the Plaintiff present.
Already tendered Vakalatnama of the plff.
Application tendered by the plff for seeking extension of time to serve writ of summons. t.o.r. Allowed as last chance.
Matter is adjd. to 15.02.2019 for proof of service of writ of summons .
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Court is busy in recording evidence in suit nos.8523/98 and 7793/00 and court has to dictate Judgment in suit nos.3856/99 and 3857/99, hence case is adjourned to 04/12/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Advocate Ms. Arti Saundankar for Plaintiff present and filed registered Notice of Motion no.4635/2019 with affidavit in support, t.o.r.
None present for Defendant.
Case is adjourned to 23/04/2020 for NM for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 14-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 03-06-2020
Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 20-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 18-08-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for NM REPLY REJOINDER.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv Ms.Aarti for plff present.
None present for deft.
K.B.
L.O.
Adv Ms. Aarti for plff present and endorsed  on NM No.4635/19 as not pressed with liberty to take out Ch/s. O- NM No.4635/19 is disposed off with liberty to the plff to take out Ch/s for the relief claimed.
None present for deft.
Matter is adjd. for NM reply and appearance of other defts to  01.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv Mr. Amol for plff present and filed draft Ch/s along with affidavit in support for effecting service of writ of summons on the defts by substitute mode.
He has produced original writ of summons along with bailiff report. The report of the bailiff shows that writ of summons could not be served as deft was not found available  at the suit premises and as suit premises was found locked. Having regards to the bailiff report and statement made in the affidavit filed in support of the Ch/s that same address is mentioned in LE Suit No.80/2018 of the deft which is pending before the Small causes Court, plff is permitted to effect service by substitute mode as prayed in the Ch/s with further direction to affix the copy of writ of summons at conspicuous place at the suit premises through bailiff. Ch/s is thus allowed as above.
It be got registered for statistical purposes.
Matter is adjd. for service report to 28.04.2021.
Next Purpose: REPORT
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 25-06-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-09-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv Mr. Mahendra Shingade for plff present and mentioned the matter in the morning session.
Adv. for plff tendered registered Ch/s No.449/2021 which is already disposed off as allowed at admission stage as per order dt.01.03.2021 hence, it be marked in CIS as already disposed off.
He also tendered registered N.M.No.1806/2018 along with affidavit in support. He also filed original writ of summons. He submitted that service by way of paper publication is effected on the deft. He seeks time to file affidavit of service.
Matter is on the board of afternoon session hence, kept back.
L.O.at 4.45 p.m.
None present for deft.
Matter is adjd. for affidavit of service to 16.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Mr. Mahendra Shingade for plff present and filed affidavit of service at Exh.4.
Despite service by substitute mode, deft did not appear hence, suit to proceed ex-parte.
Adv. for plff seeks time.
Matter is adjd. for steps to 28.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv Mr. Mahendra Shingade for plff present and endorsed on Notice of Motion No.1806/2018 as not pressed. O-N.M. No. 1806/2018 is disposed off being not pressed by the adv. for the plff.
Matter is adjd. for ex-parte evidence to 09.11.2021.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 28-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106456/2018
Filing Date: 02-05-2018
First Hearing Date: 08th June 2018
Decision Date: 28th September 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    28 Sept 2021
    Order Details: Other
Pdf Text: 28/09/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
24
SU 1740/18
Adv Mr. Mahendra Shingade for plff present and endorsed on
Notice of Motion No.1806/2018 as not pressed. O-N.M. No.
1806/2018 is disposed off being not pressed by the adv. for
the plff.
Matter is adjd. for ex-parte evidence to 09.11.2021.
Judge
*
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    Order 1
    28 Sept 2021
    Order Details: Other
Pdf Text: 28/09/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
24
SU 1740/18
Adv Mr. Mahendra Shingade for plff present and endorsed on
Notice of Motion No.1806/2018 as not pressed. O-N.M. No.
1806/2018 is disposed off being not pressed by the adv. for
the plff.
Matter is adjd. for ex-parte evidence to 09.11.2021.
Judge
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