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NOTICE OF MOTION

Mehrunnisa Mohammed Iqbl AnsariVsAzizur Rehman And Ors

CNR MHCC0100856420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th April 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103138/2019
Registration Date
19 Aug 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: 05-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Adv. Wasim Ansari for the Plaintiff present.
    Adv. Satamkar h/f Kandekar for Defendant-4 present.
    Adv. Mr. Salian for Defendant no. 1 and 2 present.
    Written Statement tendered by Defendant No. 1 and 2  present.
    Original registered N/M No. 3138/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Application filed by the Plaintiff for extension of time to serve of writ of summons to Defendant-3. Time is extended.
    Matter is adjd. to 9.10.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Vasim Ansari  for Plaintiff is present.
    Adv. Mohan Salian  for defendant no. 1 and 2 is present.
    Adv. Kandekar for defendant no. 4 is present.
    Adv. Tausib Ansari for defendant no.3 is present. He filed V/N on behalf of defendant no. 3 TOR he seeks time for tendering reply O granted.
    Matter is adjourned for  reply of defendant no. 3  to 08/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: C.A of plaintiff is present.
    Adv. Kandekar  for defendant no.4 is present.
    Adv. Tousif Ansari for defendant no.3 is present. He filed reply to NM No. 3138/2019
    Adv. Kavita Bhagwat I/b MGS Legal for  for defendant no. 1 and 2 is present.
    Matter is adjd.  for NM reply/hearing to 03/03/2020 .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv. Wasim Ansari for Plaintiff present.
    Adv. Kavita Bhagwat for D/1 and 2 present.
    Adv. Kaustib Ansari for D/3 present.
    Adv. Satamkar for D/4 present.
    Adv. Ms. Chandramore for D/5 present.
    No other defendants filed reply.
    Matter is adjd. for NM hearing to 4/4/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv. Mr. Wasim Ansari for the plaintiff.
    None for defendants No.1 and 2.
    Adv. Pathak h/f Adv. Mr. Kandekar for the defendant No.4.
    Adv. Chandramore for the defendant No.5.
    Last chance is granted for NM hearing.
    Matter is adjd. to 08/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 05.07.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Ld. Adv. Wasim Ansari for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 04.10.2021 for N/M. 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 07/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: As Court is busy in hearing argument in SU 6988/06 and other precipe matters. Hence. Board is discharged.
    Matter is adjd. to 13.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv Vasim Ansari for plaintiff present.
    Adv Mr.Mohan for defendant nos.1 and 2 present.
    Matter is adjd. to 05.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Adv.Wasim Ansari for plaintiff is present.
    Adv.Pathak h/f Kandekar for defendant no.4/MHADA is present.
    Adv.Mohan Salian for defendant no.1 and 2 is present.
    Ld advocate for plaintiff submits the matter is for NM hearing. Ld advocate for defendant no.1 and 2 submits that defendant no.3 is necessary for hearing of NM. Today defendant no.3 is absent. He has filed reply to the Notice of Motion. In the circumstance the matter is lastly adjourned for NM hearing. If defendant no.3 fails to appear and argue on next date, NM will be heard in his absence.
    Matter is adjd. to 24.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv. Vasim Ansari for plaintiff present.
    Adv.Saliyan for defendant nos. 1 and 2
    Adv. Pathak h/f Adv. Kandekar for MHADA present..
    Adv. Chandramore for BMC present.
    Heard Ld. advocate for Plaintiff and defendant nos. 1 and 2 and BMC on N/m 3138/19.
    Matter is kept back at the request of Ld. advocate for MHADA.
    LO
    Adv. Kandekar for MHADA present.
    Heard Adv. Kandekar for MHADA.
    Matter is adjd. to 05-04-2022 for order on N/m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Vasim Ansari for plaintiff present.
    Adv. Saliyan for defendant nos. 1 and 2 present.
    None present for defendant no. 3.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    KB
    Adv. Vasim Ansari for plaintiff present.
    Adv. Saliyan for defendant nos. 1 and 2 present.
    None present for defendant no. 3.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    For the reason separately recorded, the following order is passed.
                                        ORDER
    
    1. Notice of Motion No. 3138 of 2019 is  allowed.
    2. Defendant Nos.1 and 2 are hereby temporarily restrained from creating any third party interest in the suit premises or putting any third person in the possession thereof  till the final disposal of this suit.
    3. Defendant Nos.1 and 2 are hereby further directed to pay balance amount of transit rent i.e. Rs.3,61,600/- for the period of 15.06.2018 to 14.06.2020 and pay further amount to the plaintiff as per her entitlement in the light of agreement of permanent alternate accommodation dated 24.02.2015.
    4. Cost of the Notice of Motion will follow in main cause.
    5. Notice of Motion No. 3138 of 2019 is disposed of accordingly.
    Matter is adjd. to 08-06-2022 for issues.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 109072/2019
    Filing Date: 19-08-2019
    First Hearing Date: 05th September 2019
    Decision Date: 05th April 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Apr 2022

    Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 3138 OF 2019 IN SUIT NO. 2196 OF 2019 Mehrunnisa Mohammed Iqbal ] Ansari. ].. Plaintiff. V/s. Azizur Rehman and others ]..Defendants. Advocate Mr. Vasim Ansari for the plaintiff. Advocate Mr. Saliyan for defendant Nos.1 and 2. Advocate Mr.Pathak h/f Advocate Mr. Kandekar for defendant No.4/MHADA. Advocate Mrs. Chandramore for defendant No.5/BMC. CORAM : HIS HONOUR JUDGE SHRI VIDYADHAR B.…

    Read Full Order

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