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NOTICE OF MOTION

Aziz Esmail DhariwalaVsMohmed Kaunian Mohd Ayub Shaikh

CNR MHCC0100983320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th April 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103615/2019
Registration Date
26 Sept 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: 15-10-2019
    Business: Adv. Manik for plaintiff present.
    Adv. Jyoti Shahu for defendant present.
    Plaintiff tendered registered NM no. 3615/19.
    Adv. for defendant seeks time for filing reply to NM.
    Copy of NM is served upon the counsel for  defendant.
    Adjourned for hearing on NM to 5.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: None present.
    The matter is adjd for N/M hearing to 18.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: None for plaintiff.
    Adv. Mhatre for deft. present.
    Adjourned for hearing on N/M as a last chance.
    The matter is adjd for N/M hearing to 15.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. J.P. Thakkar for plaintiff present.
    Adv. Mhatre for deft. present.
    Heard arguments of both sides on N/M no.3615/19.
    The matter is adjd for order on N/M no.3615/19 to 25.03.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Adv. Nandesh h/f. Adv. J.P. Thakkar for plaintiff present.
    Adv. Mhatre for deft. present.
    As Court time is over, the matter is adjd for N/M order to 05.04.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None for plaintiff.
    Adv. Mhatre for deft. present.
    The Court is busy in dictating orders, hence for want of time, the matter is adjd for N/M order to 9.4.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: The Court is busy in hearing argument and passing orders in N/m. Hence for want of time, adjd.  for order to 19.4.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: As court time is over, the matter is adjd for N/M order to 21.04.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: As court time is over, the matter is adjourned.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: As Court is busy in other work, the matter is adjd for N/M order to 27.04.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: None present
    As HHJ on leave as declared COVID positive, hence the matter is adjd to 07/05/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
    Matter adjd to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. J.P. Thakkar for plff is present.
    Adv. Patil h/f Adv. Mhatre for deft is present.
    Call say of Court Receiver on NM No. 3615/19.
    Matter adjd for say of Court Receiver on 07.10.2021.
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Thakkar for plaintiff is present.
    Adv. Mhatre for defendant is present.
    Issue notice to Court Receiver for submitting the report by way of last chance till next date.
    Matter adjd for Court Receivers Report on 25.10.2021.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: None for plaintiff.
    Adv. Mhatre for defendant is present and filed affidavit of service. T.O.R.
    Representative of Court Receiver Niranjan Chavan is present.
    He has sought time to file report for about two weeks.
    Matter adjd for Court Receivers report on 21.01.2022.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: As per Office Order No. ''07of 2022'' and ''03 of 2022'' only urgent matter is to be taken up for hearing therefore matter is adjd to
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv. Punita Arora for pltff present.
    Adv. Sana Shaikh for deft present.
    Adv for pltff filed VP.  TOR.  Marked as Exh. 9.
    On oral request of Adv for pltff, Matter is adjd to 22/07/2022 for say on Exh. 8.
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. Puhita Arora for plaintiff is present.
    Adv. Sanjay Ranade for defendant is present.
    Representative of Court Receiver Mrs. S.S Dukhande (A.S.O) is present.
    On oral request of Adv.for defendant matter adjd for filing reply of Exh.8 as a last chance.
    Matter adjd to 26.07.2022 for reply to Exh.8.
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. Punita Arora for plaintiff present.
    Adv. Shahu for deft. present.
    On oral request of Adv. for deft., the matter is adjourned for filing reply as a last chance.
    Matter adjd to 10/08/2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Punita Arora for plaintiff is present.
    Defendant is present.
    Adv. Sanjay Ranjane for defendant is present.
    KB LO at 4.10 p.m.
    Same appearance for plaintiff.
    Adv. Jyoti Sahu for defendant is present.
    On oral request of Ld. Adv.for defendant matter adjourned for reply.
    Matter adjd to 03.09.2022 for reply to the Court Receivers report.
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: As per office order 178 of 2022 dated 25.08.2022, holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is take on today''s board and for want of time matter is adjourned to
    Next Purpose: REPLY
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Adv. Punita Arora for plaintiff is present.
    Adv. Sanjay Ranjane for defendant is present and filed reply to Court Receiver Report. T.O.R.
    Matter adjd to 07.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv. Punita Arora for plaintiff is present.
    Adv. Jyoti Shahu for defendant is present.
    Matter adj. to 08.02.2023 for argument.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Punita Arora for plaintiff is present.
    Adv. Jyoti Sahu for defendant is present.
    Heard both the sides on NM No. 3615/19.
    Matter adjd to 02.03.2023 for order on NM No. 3615/19.
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: ORDER
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Adv. Ms. Sunita Arora for plaintiff is present.
    None present for the defendant.
    F.R.S.R. following Order is passed in NM No. 3615/2019:
    ORDER
    (i).     	Notice of Motion No. 3615/2019 stands allowed and
              	made absolute in terms of prayer clause (a) and (b).
    (ii).    	The Court receiver shall handed over the physical 			possession of suit flat No. 304 to the plaintiff or Shri. 		V.B. Lokhande, who is appointed by the competent 		authority as Execution Officer.
    (iii).	The Court receiver is hereby discharged without 			passing an account and plaintiff is hereby directed to 		make the Court receiver costs, charges and expenses 		as per rule.
    (iv).	The Court receiver is directed to pay the balance 			amount or appropriate deposit to the plaintiff.
    (v).	The plaintiff is directed to pay the amount of
    		Rs. 5,000/- towards the costs of Court receiver report 		No. 20/2021.
    (vi).	Notice of Motion No. 3615/2019 stands disposed of 		accordingly.
    Matter adjd to 06.07.2023 for admission and denial.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110483/2019
    Filing Date: 26-09-2019
    First Hearing Date: 15th October 2019
    Decision Date: 05th April 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Apr 2023

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no.361519, in Suit no 2783 of 2014 MHCC010098332019 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY ORDER IN NOTICE OF MOTION NO.3615 OF 2019 IN SUIT NO.2783 OF 2014 Mr. Aziz Esmail Dhariwala ... Plaintiff V/s Mohmed Kaunian Mohd Ayub Shaikh …. Defendant. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE: 5th DAY OF APRIL, 2023 : Appearances: The learned Adv. Punita Arora for the…

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