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NOTICE OF MOTION

Shaikh Mohammed ShabirVsBMC And Ors

CNR MHCC0100979920196-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 01st August 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103598/2019
Registration Date
25 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1BMC And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Plaintiff in person present.
    Plaintiff is directed to give N/M no. to def. no.6.
    Advocate for plaintiff present.
    Advocate for defendant no. 6 present
    Advocate Sutar for defendant/BMC present.
    Adjourned for N/M Reply to 28/04/2020.
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: COVID-19
    Next Purpose: REPLY
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Plaintiff in-person present and filed Ch/s No. 46/2021 along with 2 compilation and list of documents.
    Advocate for defendant/BMC present.
    Adjourned for Ch/s reply to 25/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Plaintiff in-person present and filed affidavit of service.
    Advocate for defendant no. 6 present.
    Advocate for defendant/BMC present.
    Court busy in hearing in N/M in Suit No. 234/2021 and 235/2021 and other ad-interim matters.
    Adjourned for Ch/s Reply to 27/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: REPLY
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Plaintiff in person present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for C/S Reply to 13.08.2021.
    Next Purpose: REPLY
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Plaintiff in-person present.
    Advocate V. R. Tripathi for defendant no. 5 present and sought short time for filing Ch/s reply. O-Time granted till next date.
    Advocate Smt. Patil  for defendant/BMC Present and sought short time for filing Ch/s reply. O-Time granted till next date.
    Copy served of ch/s to defendant no. 5.
    Adjd for Ch/s Reply to 18/10/2021
    Next Purpose: REPLY
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per Office Order No. 213/2021 dated 12.10.2021, It is declared Holiday
    Matter adjd to 22.12.2021
    Next Purpose: REPLY
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Plaintiff in person present.
    Advocate Smt.Deepali Patil  for defendant/BMC present.
    Advocate for Defendant No. 6 present.
    On oral request of Advocate for Defendant No. 6 granted last chance to file Ch/s reply.
    Adjd for Ch/s Reply to   02.03.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Plaintiff in person present and filed written arguments of Chamber summons No. 46/2021 alongwith application for leave note. O – Seen and filed.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for  Ch/s Reply to  20.07.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Plaintiff in person present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    On request of Advocate of defendant/BMC last chance is granted for fling reply on CH/s  No. 46/2021
    Adjd for Ch/s Reply to 26.09.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-09-2022
    
    Date: 20-07-2022
    Business: Plaintiff in person present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    On request of Advocate of defendant/BMC last chance is granted for fling reply on CH/s  No. 46/2021
    Adjd for Ch/s Reply to 26.09.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Court is on leave
    Matter adjourned for Ch/s Reply  to 19.11.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Plaintiff in person present.
    None present for defendant No. 6
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for Ch/s Reply  to  17.12.2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Plaintiff in person present.
    Advocate Jadhav for defendant No.5 present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Notice of Motion No. 3458/2012 is not pressed by the plaintiff.
    Adjd for Order on NM No.3458/2012/Hearing on remaining Notice of Motions  to 04.02.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Plaintiff in person present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Plaintiff not pressed the Notice of Motion No. 3458/2012 and NM NO. 3599/2019. Hence, Notice of Motion No. 3458/2012 and NM No. 3599/2019 are disposed off accordingly.
    Adjd for NM Hearing to  27.03.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Plaintiff in person present and filed Application for appointment of Court Commissioner Marked as Exh.5       O- Other side to say
    Defendant No. 6 present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to  03.07.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Plaintif in person present.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Yusuf for defendant no. 6 present and filed original registered Notice of Motion No. 2115/2023 @ affidavit in support of same. t.o.r..
    Copy served to the other side.
    Matter adjourned for NM hearing to 16-09-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Plaintiff in person present and filed reply to NM No. 2115/2023. TOR. O- Filed. Copy served.
    Advocate Deepali Patil present for defendant No.1 /BMC.
    Matter adjourned for NM hearing to 20.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Plaintiff in-person present.
    Adv. Sneha Mishra for Def. No. 6 and 7 present.
    Adv. Zishan Torajdar h.f. Adv. Yousuf Sherif for Def present.
    Advocate Seema Rawade present for defendant/BMC.
    Matter adjourned for NM hearing  to 13/03/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: None present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Later on 3.30 pm
    Plaintiff in person present.
    Matter adjourned for NM hearing to 10.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Plaintiff in-person present.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Yusuf Sherif for defendant no. 6 present.
    As court time is over, hence
    Matter adjourned for NM hearing to 02.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: Plaintiff in-person present and filed additional affidavit in support of NM no. 2058 of 2017 and also filed register NM No. 3223 of 2024. Copy served.
    Advocate Sutar present for defendant/BMC.
    Adv. Yusuf Sherif for defendant no. 6 present.
    Matter adjourned for NM reply to 16.10.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: Plaintiff in-person present.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Yusuf Sharif for defendant no. 6 present.
    Plaintiff in-person submitted before court that his NM No. 3223 of 2024 be heard along with NM No. 2058 of 2017.  On the other hand Ld. Advocate Yusuf Sharif submitted before court that defendant no. 6 has taken out Notice of motion for rejection of plaint U/o. 7, Rule 11 of Code of Civil Procedure.  He further submitted before court that NM about maintainability and rejection of plaint shall be heard first. He placed reliance in the case of Eldeco Housing and Industries Ltd. Vs. Ashok Vidyarthi where in Honble Apex Court held that issue regarding maintainability of the suit shall be treated preliminary.
    Ld. Advocate for defendant no. 6 submitted that he suffering from high fever Though considering the present matter he remain present, he further submitted that he will advance argument on next date. Plaintiff in person also submitted that next date be given.
    Considering submissions matter adjourned for hearing on NM no. 2115 of 2023.
    Matter adjourned for hearing on NM No. 2115 of 2023  to 16.12.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2024
    
    Date: 16-12-2024
    Business: Plaintiff in-person present and submitted before court that he is going to delete defendant no. 5, 6(a) and 12 from the array of defendant by preferring appropriate CS and sought time till next date. O - granted.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Yusuf Sherif for defendant no. 6(a) present.
    Adv. Bibhishan Sutar present for defendant /BMC no. 1 to 4.
    None present for defendant no. 7 to 11.
    Already no WS order is passed against defendant on 06.12.2018, hence Matter adjourned for steps / hearing in NM No. 2115 of 2023 to 15.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: Plaintiff in person present  and filed draft CS alongwith affidavit.   O-Leave granted to register. Copy Served.
    Advocate B. Sutar present for defendant/BMC.
    Advocate Yusuf Sharif present for the defendant No.6
    Matter adjourned for CS reply to 28-04-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: Plaintiff in-person present and filed Registered CS No. 1056 of 2025.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Mumtaz Shaikh for defendant no. 6 present and sought adjournment for filing reply. O- Granted.
    Matter adjourned for CS reply to 01.08.2025.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-08-2025
    
    Date: 01-08-2025
    Business: Plaintiff in-person present and filed draft Chamber summons along with affidavit. O - Leave granted to register. Copy serve to other side till next date.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Yousuf Sharif for defendant no. 6 present.
    Plaintiff not pressed the NM No. 3598 of 2019 CS no. 46 of 2021, hence it is disposed of accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 01-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 110454/2019
    Filing Date: 25-09-2019
    First Hearing Date: 28th November 2019
    Decision Date: 01st August 2025
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Aug 2025
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 06 ADDL. SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0103598/2019
    Shaikh Mohammed Shabir Vs BMC And Ors
    Date : 01-08-2025
    Business : Plaintiff in-person present and filed draft Chamber summons
    along with affidavit. O - Leave granted to register. Copy serve
    to other side till next date. Advocate Bibhishan Sutar present
    for defendant/BMC. Adv. Yousuf Sharif for defendant no. 6
    present. Plaintiff not pressed the NM No. 3598 of 2019 CS no.
    46 of 2021, hence it is disposed of accordingly.
    Nature of Disposal : OTHERWISE
    Disposal Date : 01-08-2025
    COURT 06 ADDL. SESSIONS JUDGE
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