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NOTICE OF MOTION

Peer Mohd. Gafoor Mohd Shaikh Since deceased 1a. Mrs. Nazneen Shaikh And OrsVsSaeeda Anwar Khan

CNR MHCC0100940820193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 16th September 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103448/2019
Registration Date
16 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 24-09-2019
Business: Adv. Parab for plaintiff present.
Adv. Gangan for defendant present and filed original NM no. 3448/19 along with affidavit.
Matter stands Adj for Reply to NM to 08.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. Omkar Keni h/f Adv. Keni for plaintiff present.
Adv. Gole for defendants present.
Heard both sides.
It is submitted that defendants has taken objection regarding jurisdiction of this court and motion in that regard is pending. It will have to decided first.
Matter stands Adj for NM hearing to 22.01.20.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: None present for plaintiff.
Defendant present. Her advocate absent.
On oral request, Matter stands Adj for NM hearing to 17.03.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None present for plaintiff.
Adv. Omkar Keni for defendant present.
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 23.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 11.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Advocate Amol Ghodke h/f adv.Maheshwar Parab for plaintiff present and filed reply to NM No.3448/19. TOR
He undertakes to serve reply on the defendant.
None for defendant.
The case is adjourned to 19.03.2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Advocate Jainish Jain h/f adv. Parab for plaintiff present and seeks time.
None for defendant.
The case is adjourned to 27.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Matter called out at 3.58 [p.m.
Adv. Nitesh Gupta h/f M. A. Parab for plaintiff present.
None present for defendant.
Matter stands adjourned to 24.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Matter called out at 3.20 p.m.
Adv. Nitesh Gupta h/f M. A. Parab for plaintiff present.
None present for defendant.
Matter stands adjourned to 16.06.2022 for NM hearing.
Later on at 3.22 p.m.
Adv. Nitesh Gupta h/f M. A. Parab for plaintiff present.
Adv. Suresh Gole for defendant present.
Already adjourned to 16.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. M. M. Kadam for plaintiff present.
Adv. Suresh Gole for defendant present.
Heard Adv. for defendant on NM No.3448/2019.
Matter stands adjourned to 17.06.2022 for NM argument of
plaintiff.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. M. M. Kadam for plaintiff present.
None present for defendant.
Kept back.
Later on at 4.22 p.m.
Adv. M. M. Kadam for plaintiff present.
None present for defendant.
Part heard by plaintiff\''s advocate.
Matter stands adjourned to 24.06.2022 for NM argument (p.h).
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None for plaintiff.
Adv. Suresh Gole  for defendant present.
Matter stands adjourned for N/M (PH) to 01/08/2022.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: None present for plaintiff.
Adv. Suresh Gole for defendant present.
Heard counsel for defendant.
Matter stands adjourned to 16.09.2022 for NM argument of plaintiff/
order.
Later on at 3.55 p.m.
Adv. N. K. Dubey for plaintiff present.
Already adjourned to 16.09.2022.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. M. A. Parab for plaintiff present.
None present for defendant.
Following F.R.S.R. order is passed in NM No.3448/2019.
ORDER
1.      Notice of Motion No.3448 of 2019 in Suit No.3334 of 2018 is hereby dismissed.
2.          Notice of Motion stands disposed of accordingly.
Issues framed below Exh.04.
ISSUES
1.	Do the plaintiffs prove that  the title to the suit property ?
2.	Do the plaintiffs prove that the defendant is trespasser in the suit property ?
3.	Whether this court has jurisdiction to try and decide this suit ?
4.	Are the plaintiffs entitled for the reliefs as sought ?
5.	What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents
as per list with advance copy to the other side on or before next date.
Matter stands adjourned to 26.11.2022 for NM hearing/evidence.
Nature Of Disposal: DISMISSED
Disposal Date: 16-09-2022

Additional Case Details

Additional Case Details
Filing Number: 110017/2019
Filing Date: 16-09-2019
First Hearing Date: 24th September 2019
Decision Date: 16th September 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
16 Sept 2022

Order Details: Notice of Motion Pdf Text: ..1.. IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.3448 OF 2019 (CNR NO.MHCC01009408 2019 ) IN SUIT NO. 3334 OF 2018 Peer Mohd. Gafoor Mohd Shaikh ) (Since deceased) through his legal heirs ) 1a. Mrs. Nazneen Shaikh And Ors )..Plaintiffs V/s. Mrs. Saeeda Anwar Khan ).. Defendants Appearances : Ld. Adv. M. A. Parab for plaintiff. Ld. Adv. Suresh Gole for defendant. CORAM : HIS HONOUR JUDGE…

Read Full Order

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