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SUIT - SHORT CAUSE CIVIL SUIT

Asif Hussain Munna Miya SayedVsM/s. Royal Realtors +3 more

CNR MHCC0101122920192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 14th February 2020

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102847/2019
Registration Date
07 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-11-2019
    Business: Preceipy,
    Adv. Pradeep Gandhi for plaintiff present.
    He tendered draft NM t.o.r.
    O- Leave granted to register it.
    Copy given to other side.
    Adv. Faran Khan I/b Amir Koradia appeared for defendant no 1 to 3 and undertakes to file V/N.
    Adv. Aditya Khanna appeared for defendant no 4 and undertakes to file V/N.
    Adjd. To 13.11.2019 for reply and ad-interim.
    Next Purpose: REPLY
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Giriraj for plaintiff present.
    Adv. Faran Khan for defendant nos 1 to 3 present.
    Ex 2 He filed V/N t.o.r.
    Adv. Aditya Khanna for defendant no 4 present.
    Ex 3 He filed V/N. t.o.r.
    Adv. For defendant nos 1 to 3 made statement that suit flat has already been alloted to the previous tenant around 2012-2013. He further made statement that so far as these defendants are concerned they will not create any further third party rights in suit flats till filing of reply.
    He further made statement that in August 2019, in view of supplementary agreement executing between developer and society, society is now taken over development of balance construction.
    Matter is adjourned for reply to 28.11.2019.
    Next Purpose: REPLY
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adv. Kaushubh Patil for plaintiff present.
    He tendered register NM 4256/19 t.o.r.
    Copy already served upon defendants.
    Adv. Amil Koradia for defendant no 1 to 3 present.
    Adv. Mittal Munor for defendant no 4 present.
    They sought time to file reply to above referred NM.
    O- Time is Granted.
    Draft Ch/s  filed by plaintiff t.o.r.
    O- Leave granted to register it.
    Copy be served upon proposed defendants
    Copy served upon existing defendants.
    Adjourned for service and reply to 6.12.2019.
    Next Purpose: REPLY
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. .D. Gandhi for plaintiff present.
    He tendered registered Chamber summons 2162/19 t.o.r.
    Adv. Mr. Aditya Khanna for defendant no 4 present.
    He also appeared on behalf of respondent in Chamber summons no 2162/19 and undertakes to file V/N and reply on behalf of respondent.
    Time is granted to file reply.
    Adv. for plaintiff made statement that plaintiff will file pursis to withdraw suit against defendant no 4.
    Adjourned for reply to Chamber summons and NM to 16.12.2019
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. P.D. Gandhy for plaintiff present.
    Adv. Amin Koradia for defendant no 1 to 3 present.
    Adv. aditya Khanna for defendant no 4 present.
    Exh 4 Adv. for plaintiff filed pursis for withdrawal of suit against defendant no 4. t.o.r.
    Adv. for defendant no 4 submitted that defendant no 4 has no objection.
    Suit stands withdrawn against defendant no 4 in view of pursis Exh.4
    Exh.5  Adv. Aditya Khanna appeared for respondent and filed V/N and filed reply to Ch/s t.o.r
    Copy given to the plaintiff.
    Heard counsel for parties on Chamber summons.
    Adjourned for order to 20.12.2019
    Next Purpose: ORDER
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Kaustubh Patil for plaintiff present.
    Adv. Adity Khanna for respondent present.
    Adv. Amil Koradia for defendant present.
    KB
    LO
    As court is busy in passing order in other matter hence, adjourned.
    Adjourned to 21.12.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: None present for plaintiff.
    Adv. Aditya Khanna for respondent present.
    Adv. Amir Koradia for defendant present.
    As court is busy in other matter, it is adjourned.
    Adjourned to 3.01.2020 for order.
    Next Purpose: ORDER
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv. Amir Koradia for defendant no 1 to 3 present.
    Adv. Khanna for respondent present.
    Adv. Gandhy for plaintiff present.
    Plaintiff filed draft Chamber summons t.o.r.
    O- Leave granted to register it.
    Copy be served upon new respondent.
    Copy is already served upon defendants and respondents in other Chamber summons.
    Adv. for plaintiff also filed draft Notice of Motion t.o.r.
    O- Leave granted to register it.
    Copy be served upon new respondent.
    Copy is already served upon defendants and respondents in other Chamber summons.
    Adjourned for reply in relation to above NM and Ch/s and order on Chamber summons no 2162/19 to 8.01.2020
    Next Purpose: REPLY
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Giriraj for plaintiff present.
    Adv. Khanna for respondent present.
    Adv. Farhan Khan along with Adv.Amir Koradia for defendant Nos.1 to 3 present.
    Plaintiff tendered registered Chamber Summons No.20 of 2020 along with list of documents  t.o.r. Adv. Nadim Mallik appeared in Chamber Summons No.20/2020 for respondent Mohd. Muzamil Qureshi and undertakes to file V/N by next date.
    Advocate for respondent sought time to file reply to Chamber Summons No.20 of 2020.
    O-Time is granted.
    Plaintiff tendered registered NM No.70 of 2020 t.o.r.
    Advocate for respondent sought time to file reply
    O-Time is granted.
    KB
    LO
    FRSR FOLLOWING ORDER PASSED BELOW CS 2162 OF 2019
    1.Chamber Summons No.2162 of 2019 is allowed and made absolute in terms of prayer clause (a).
    2. Plaintiff has to carry out amendment as per schedule annexed to chamber summons within period of two weeks from the date of order.
    3.After carrying out amendment, copy of amended plaint along with annexure be served upon newly added defendants and also upon existing defendants and copy of amended plaint be also placed on record.
    4.Accordingly, chamber summons is disposed off.
    Adjourned for compliance to 24.01.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. P.D. Gandy for plaintiff present.
    Adv. Amir Koradia for defendant NO. 1 to 3 present.
    Adv. Khanna for defendant No. 5 to 8 present.
    Copy of amended plaint served upon defendant NO. 1 to 3 and defendant NO. 5 to 8.
    Adv. Malhar Jadakia H/F Adv. Nadim Malik appeared for respondent in Chamber summons 19/20 and filed V/N t.o.r marked as Exh.6
    He also filed reply to Chamber summons
    copy is supplied to plaintiff.
    Plaintiff tendered draft Chamber summons t.o.r.
    O  Leave granted to register it.
    Copy of Chamber summons be served upon proposed defendant.
    Copy is given to defendant No.1 to 3 and 5 to 8
    Adv. for defendant No. 1 to 3 filed reply to NM 4256/19 t.o.r.
    Copy is served upon plaintiff.
    Adv. Khanna for defendant No. 5 to 8 appeared and undertakes to file V/N on behalf of defendant No. 5 to 8
    He sought time to file reply to NM
    O- Time is granted.
    Adjourned for reply of Chamber summons and NM to 5.02.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv Giriraj for plff present.
    Adv Khanna for deft no. 5 to 8 present.
    Adv Amir Koradia @ Farhan for deft no. 1 to 3 present.
    Adv Shaikh for appeared for proposed deft no. 9.
    He undertakes to file VP on next date.
    Plff tendered registered CS 206/20.
    Adv for deft no. 1 to 3 given no objection to CS 206/20.
    Adv for deft no. 5 to 8 seeks time to file reply.  Granted.
    Adv for Proposed deft no. 9 is directed to file VP and reply positively on next date.
    Matter stands Adj for CS reply and hearing to 26/02/2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: By Precipe
    Adv P. D. Gandhi for plff present.
    Adv Amir Koradia for deft no. 1 to 3 present.
    Exh 07 - Adv for plff filed application for withdrawal of suit. t.o.r.
    Adv for deft no. 1 to 3 given no objection for withdrawal of suit with liberty to file fresh suit.
    Accordingly, suit is disposed of as withdrawn.
    Court fees be refunded as per rule.
    In view of disposal of suit, NM 4256/2019, NM 69/2020, CS 19/2020 and CS 206/2020 are disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 14-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 111966/2019
    Filing Date: 05-11-2019
    First Hearing Date: 08th November 2019
    Decision Date: 14th February 2020
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Feb 2020
    Order Details: Other
    Pdf Text: 14.02.2020
    70
    CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
    (C. R. No. 2)
    SU 2847/2019
    @ NM 4256/19
    @ NM 69/2020
    @ CS 19/2020
    @ CS 206/2020
    Exh. 07
    By Precipe
    Adv P. D. Gandhi for plff present.
    Adv Amir Koradia for deft no. 1 to 3 present.
    Adv for plff filed application for withdrawal of suit. t.o.r.
    Adv for deft no. 1 to 3 given no objection for withdrawal of
    suit with liberty to file fresh suit.
    Accordingly, suit is disposed of as withdrawn.
    Court fees be refunded as per rule.
    In view of disposal of suit, NM 4256/2019, NM 69/2020,
    CS 19/2020 and CS 206/2020 are disposed of.
    Judge
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