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NOTICE OF MOTION

Mumtaz Tazuddin ShaikhVsMr. Mohammad Akram Nirban And Ors

CNR MHCC0100748720198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 28th September 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102730/2019
Registration Date
19 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-07-2019
    Business: Adv.P.R.Yadav for the Plaintiff present.
    Adv.Hamid for  Defendant no.1 present and filed vakalatnama for defendant no.1. TOR and marked as Exh. 4.
    Adv. Mangal Kadam for defendant no. 2 present.
    Adv. Suryawanshi for BMC present.
    Adv. For plaintiff tendered original Notice of Motion No. 2730/19 along with affidavit in support of Notice of Motion. T.O.R.
    Service of defendant no. 1 is waived.
    Exh.1 Plaint
    Exh. 2- Vakalatnama in plaint.
    Exh. 3-Memorandum of address
    Exh. 4- Vakalatnam of defendant no.1
    Matter is adjd. To  09.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: As court is busy in hearing arguments in other matters on board. Hence, remaining board discharged.
    Matter is adjd. to 27.09.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: As Court is busy in dictating orders in other matters on board, hence board is discharged.
    Matter is adjd. to 22.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is busy hearing urgent matters. Hence board is discharged.
    Matter adj for NM reply to 20.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Sarita Vishwakarma   for Plaintiff is present. She seeks time for tendering rejoinder to reply of defendant no. 1 . O granted.
    Adv. Jain  for defendant no.1 is present.
    Matter is NT
    Matter is adjd. for reply to 04/02/2020 .
    Next Purpose: REPLY
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. P.R. Yadav for Plaintiff is present.
    Adv. Noorain Patel  for defendant no. 1 is present. He filed rejoinder to WS.
    Matter is adjd.  for N/M reply to 24/03/2020.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Next Purpose: REPLY
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv. Mr. Yadav  for the plaintiff.
    Adv. Mr. Daimondwala for the defendant No.1.
    Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted. N/M is made r/o 07/04/2021.
    Matter is adjd. to 07/04/2021 for tendering registered NM/reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 06.07.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Plaintiff in person present.
    Adv A.Diamondwala for defendant no.1 present and filed register NM No.433/21 TOR
    Adv.Mangal Kadam for defendant nos.2 and 3/MHADA present.
    Plaintiff in person seeks time as her advocate is not present. Time is granted.
    Matter is adjd. to 08.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. yadav present for plaintiff and he filed affidavit in reply to nm no. 433/2021. t.o.r.
    copy served to the advocate of df. no. 01.
    Adv. Patel  present for defendant.
    Adv. Mangal Kadam present for defendants 02 and 03/MHADA.
    Adv. Chandramore present for defendant 04/MCGM.\\
    As per request of advocate for plaintiff, Matter adjourned for nm hrg. To 28/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: As court is busy in hearing arguments and dictating order on draft NM in suit no. 1021/22, suit no. 1022/22, suit no. 1023/22, suit no. 1024/22 and suit no. 1025/2022. Hence, board is discharged and Matter adjourned for nm hrg. To 22/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. Asad Bukhari present for plaintiff.
    Adv. A. Diamondwala present for defendant 01 and sought adjournment for nm hearing and he submitted that, WS of defendant no. 01 be treated as reply to the nm 2730/2019.
    Adv. Mangal Kadam present for defendants/MHADA.
    Adv. Chandramore present for defendant/MCGM.
    Inspite of just opportunity, defendants no. 02 to 04 did not filed reply to the nm no. 2730/2019, Hence, notice of motion 2730-2019 be proceeded without reply of defendants no. 02 to 04.
    Matter adjourned for nm hearing to 29/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: None present for plaintiff.
    Adv. Asad Bukhari present for defendant 01.
    Adv. Mangal Kadam present for defendants/MHADA.
    Heard argument of plaintiff on NM no2730/19 partly.
    Matter adjourned for further argument of plaintiff to 10/8/22.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Asad bukhari @ Adv. Shivani Jain present for plaintiff.
    Adv. Mangal Kadam present for defendants 02 and 03/MHADA.
    Adv. Patel present for defendant no.01 and sought adjournment for hearing on defendant no. 01.
    Heard further arguments of ld. Adv. For plaintiff on nm no. 2730/2019. Matter adjourned for defendants on nm no. 2730/2019 to 20/08/22.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Adv Asad Bukhari present for plaintiff.
    Adv Mangal Kadam present for defendant no. 02 & 03/MHADA and submitted that defendant no. 02 & 03 do not want to advanced argument on Notice of Motion no. 2730/19.
    None present for defendant no 01.
    Adv for defendant no. 01 is absent.
    Matter adjourned for argument of defendant no. 01/ Order on Notice of Motion no. 2730/19  to 13.09.22.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Hixal Bhatia ib adv. Asad Bukhari present for plaintiff.
    Adv. Mohd allar @ adv. diamondwala present for defendant 01.
    Adv. Mangal Kadam present for defendant 02 and 03/MHADA.
    Heard arguments of ld adv. For defendant 01 and rejoinder arguments of  ld. Adv. For plaintiff.
    Matter adjourned for order on nm no. 2730/2019 to 28/09/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Plaintiff in person present.
    Adv. Shivani Jain present for plaintiff.
    Adv. H. Diamondwala present for defendant.
    F.R.S.R. following order is passed on Notice Of Motion No. 2730/2019.
                                ORDER
    Notice of Motion No. 2730/2019 is partly allowed as under.
    1) Defendant no. 01 is hereby temporary restrained from disposing, transferring, alienating or creating third party right or interest in flat no. 906 described in schedule to Exh. T to the plaint till decision of the suit or further order whichever is earlier.
    2) Defendant no. 02, 03 and 04 are temporary restrained from granting NOC/Occupancy certificate in respect of flat no. 906 described in schedule of Exh. T to the plaint till decision of the suit or further order whichever is earlier.
    3) Prayer of plaintiff for grant of relief of appointment of court receiver is dismissed.
    4) Notice of Motion No. 2730/2019 is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if requested.
    Nature Of Disposal: ALLOWED
    Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108044/2019
    Filing Date: 19-07-2019
    First Hearing Date: 22nd July 2019
    Decision Date: 28th September 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    28 Sept 2022

    Order Details: Notice of Motion Pdf Text: 1 MHCC010054462019 IN THE CITY CIVIL COURT AT BOMBAY Notice of Motion No.2730 of 2019 IN L.C.Suit No.1638 of 2019 Mumtaz Tazuddin Shaikh age 44 years 104, 1st floor, Khwaja Manzil, 5th Lane, Kamathi Pura, Dunkan Road, Mumbai400 008. …. Plaintiff V/s 1. Mr.Mohammad Akram Nirban age 45 years s/o Mohd.Hussain Jalaluddin Nirban carrying on business in the name of Nirban Realtors and Developers having address at 10, Ganesh Wadi, M.J.Market, Zaveri Bazar,…

    Read Full Order

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