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NOTICE OF MOTION

Arshad Mansoor Shaikh +1 moreVsDarakhsha Roohi Irfan Shaikh +2 more

CNR MHCC0100697220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd May 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102536/2019
Registration Date
09 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-07-2019
    Business: Matter stands Adj for Hearing to 18.09.2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Adv. A. R. Shaikh  for plaintiff present.
    Adv. Rafik for defendant no. 1 present.
    On oral request, Matter stands Hearing Adj for 14.10.19.
    Next Purpose: HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv. Utkarsha Mane for plaintiff present.
    Adv. Rachure for defendant present.
    By consent, Matter stands Adj for hearing to 04.12.19.
    Next Purpose: HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Joshi h/f Adv. Abdul Razak Shaikh for plaintiff present and requested for adjournment on the ground that his senior is not available. Adjournment granted.
    Adv. Rachure for defendants present.
    Matter stands Adj for hearing to 10.01.2020.
    Next Purpose: HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Sandeep Malik for plaintiff present.
    Adv. Prachi Gave for defendant present.
    Court is busy in dictating order in suit no. 2434/17.
    Hence, Matter stands Adj for hearing on NM to 20.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. A. R. Shaikh for plaintiff present.
    Adv. Rafeeq Peermohineed I/b Adv. Sapana Rachure  for defendant no. 1 present.
    Partly heard Ld. counsel for both the sides on Nm no. 2536/19. In the course of arguments Ld. counsel for plaintiff submitted that after taking instructions from his client, he is ready to disclose on affidavit all the details of moveable and immovable properties left behind by his deceased father. Similarly, the Ld. counsel for defendant also showed willingness to disclose on affidavit the details of all moveable and immovable property left behind by the diseased father. In the course of arguments it also emerged that both the parties acknowledge and recognize  the rights of respective party except property described in para 4(c) of the plaint, which is subject matter of the another suit. It was also submitted that if the above disclosures are made by both the parties, the court can pass appropriate order according to law applicable to the parties and disposed of the suit.
    In view of the above, adjournment granted to the both the parties to make the disclosers on the next date.
    Matter stands Adj for further hearing and discloser to 17.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None present for plaintiff and defendant.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj for hearing on NM to 22.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv. Kabir Rachure for Defendant No. 1 present.
    Matter stands Adj for NM for hearing to 04.02.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Advocate Sudip Mallik h/f adv. Abdul Shaikh for plaintiff present and seeks time on the ground that the advocate on record is not feeling well.
    Time is granted.
    None for defendant.
    The case is adjourned to 04.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: None for plaintiff.
    Advocate Kabir for defendant present.
    The case is adjourned to 03.04.2021 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
    The case is adjourned to 11.06.2021 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Matter called out at 04.34 p.m.
    Adv. Sudip Mallik h/f A.R. Shaikh for plaintiff present. Ld. Advocate for plaintiff made a statement that his affidavit of disclosure of asset is ready with certain correction. He is seeking short date.
    Adv. Kabir Rachure for Deft.No.1 present.
    As there is no urgency in the matter, it is adjourned to 22.11.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on leave. Hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Matter called out at 3.21 p.m.
    Adv. Sudip Mallick I/b A. R. Shaikh for plaintiff present.
    None present for defendant.
    In view of the order dated 20.02.2020, plaintiff advocate tendered affidavit for disclosing his assets. TOR. Exh.4.
    Matter stands adjourned to 06.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Sudip Mallick I/b Abdul Shaikh for plaintiff present.
    Adv. Kabir Rachure for Deft. no.1 present. He is seeking time. Time granted.
    Matter stands adjourned to 29.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Ruksana Khan for plaintiff present.
    Adv. Kabir Rachure for Deft. no.1 present.  He is directed to comply order dated 20.02.2020. He is seeking time. Time granted.
    Matter stands adjourned to 18.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. Rukhsana Khan for plaintiff present.
    Adv. Ketan Mutha for Deft. no.1 present. He is seeking time. Time granted.
    Matter stands adjourned to 19.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Adv. Rukhsana Khan h/f  Adv. Abdul Razzaque Shiakh for plaintiff present.
    Adv. Ketan Mutha I/b Adv. Sapane for defendant present.
    Matter stands adjourned on 25.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: None present for plaintiff.
    Adv. Rafeeq Peermohideen a/w Adv. Ketan Mutha I/b Adv. Sapna Rachare for defendant No.1 present.
    The defendant has submitted the affidavit as per order on 28.02.2020.
    Rival parties are directed to concern the contents of affidavits filed by them and submit their objections, if any.
    Matter stands adjourned on 07.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv for Plaintiff present and seeking time to filing rejoinder. O- Time granted.
    Adv Kabir Rachare for defendant present.
    Matter stands adjourned on 23-11-2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: None present for Plaintiff.
    Advocate Ketan Mutha present for Defendant.
    Plaintiff failed to file rejoinder, hence put up for NM hearing.
    Matter stands adjourned on 03-02-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv. Bhatia for Plaintiff present.
    Adv. Neha Achlia for defendant present.
    Matter stands already adjourned on 09-08-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Adv. Chirag M. Bhatia i/b Adv. A. R. Shaikh for Plaintiff present.
    Adv. Neha Achilya i/b Adv. Sapana Rachure for defendants present.
    Matter stands adjourned on 18-09-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2024
    
    Date: 18-09-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 04.11.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: Adv.Chirag Bhatia i/b Adv.A.R.Shaikh for Plaintiff present.
    The defendant No.1 absent and nobody remain present on his behalf. The NM is pending since year 2019. Both the parties are directed to argue on NM on next date without fail, otherwise, pleadings of both sides will be considered as their argument and matter will be decided in accordance with law.
    Matter stands adjourned on 27.11.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: Adv. Chirag Bhatia for Plaintiff present.
    Adv. Sapna Rachure for defendant No.1 present.
    Both the parties are directed to give the recent status of FD\''s on next occasion.
    Matter stands adjourned on 08-01-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    Adv.  R. Peermohideen i/b Sapana Rachure for defendant present.
    The Ld. Adv. for the defendant informed the Court that the FD\''s are with the Bank only as ad-interim order was granted by this Court. Heard Ld. Adv. for defendant. The NM is pending since year 2019. The plaintiff failed to argue hence, the pleadings of the plaintiff is considered as their argument and NM be kept for order.
    Matter stands adjourned on 07-02-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-02-2025
    
    Date: 07-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    As Court is busy in hearing in Suit No. 1994/24 and NM No. 2430/18 in Suit No. 18/2016.
    Matter stands adjourned on 05-04-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Nazir Nabi h/f Advocate Abdul R. Shaikh for Plaintiff present.
    None for defendant present.
    Due to paucity of time, matter stands adjourned.
    Matter stands adjourned on 08-04-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    Due to paucity of time, matter stands adjourned.
    Matter stands adjourned on 03-05-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Yasin Nabi for plaintiff present.
    Advocate Priyanka Chaubey i/b Advocate Sapna Rachure for defendant present.
    F.R.S.R. following order is passed on Notice of Motion No. 2536 of 2019.
    ORDER
    1. The Notice of Motion No.2536 of 2019 is hereby allowed in terms of prayer clause (a) and (b).
    2. No order as to costs.
    3. The Notice of Motion No. 2536 of 2019 stands disposed of accordingly.
    Matter stands adjourned on 29-07-2025 for steps.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107523/2019
    Filing Date: 09-07-2019
    First Hearing Date: 09th July 2019
    Decision Date: 03rd May 2025
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 May 2025

    Order Details: Notice of Motion Pdf Text: 1 N/M No. 2536-2019 in Suit No. 2705-2017 MHCC010069722019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.2536 OF 2019 IN SUIT NO. 2705 OF 2017 1. Arshad Mansoor Shaikh ] Adult Muslim Indian Inhabitant of ] Mumbai, Age: 46 years, residing at ] 8th Floor, Bharat Talkies, Station ] Road, Kurla (West), Mumbai- 400 070. ] 2. Fahim Mansoor Shaikh ] Adult Muslim Indian Inhabitant of Mumbai ]…

    Read Full Order

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