Skip to main content
NOTICE OF MOTION

HAJI ISSUF MAHAMAD SULEMAN BOTAWALA CHARITIES AND ORSVsTHE MUNICIPAL CORPN OF GR BOMBAY AND ANR

CNR MHCC01012479201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th March 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104555/2019
Registration Date
02 Dec 2019

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-12-2019
    Business: Adv.Bharucha for Platinff is present. On his request matter is KB
    Adv.Preeti Shah for defendant no.2 is present. She tendered register Ch/S a/w affidavit in support and additional affidavit in support.
    Adv.Toor with Adv. Yasmin Sagar  for defendant no.1 is present.
    LO 04.35 PM
    same appearance of plaintiff and defendants.
    Heard advocate of plaintiff, defendant no.1 and defendant no 2.
    By this notice of motion, defendant No.2 has prayed for directing plaintiff to remove/dismantle Iron Gates illegally put up by the plaintiff in the passage between Rajgir Chambers and Botawala Building.  Adv. of plaintiff has the referred the letter of Assistant Engineer of defendant No.1 wherein it is mentioned that the sole responsibility of protecting the property of plaintiff is of plaintiff\''s being a landlord by taking necessary precautions.  The prayer clause (a) in notice of motion reflects that Iron Gates have been put up.  Therefore, I am of the opinion that without giving opportunity of filing reply to the plaintiff, ad-interim relief can not be granted at this stage.  Hence, prayer of ad-interim relief is rejected and matter is adjourned for NM reply to 27.01.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: matter adjd to 14.02.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Adv. Bharucha for plaintiff is present. He filed reply to N/M no. 4555/2019.  Copy served on defendant no. 2.
    Adv. Ravi Irle for defendant no. 2 is present. He seeks time for tendering rejoinder. O grated.
    Adv. Toor a/w Yasmin Sarang for defendant no. 1 is present.
    Matter is adjd. for N/M hearing to 31/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv Firoz Bharucha a/w adv Wagle for the plaintiff present.
    Adv Yasmin Sarang for the defendant no.1 present.
    Adv Ravi Irle for the defendant no 2 present.
    Adv for the defendant no 2 seeks adjournment. Granted.
    Rejoinder tendered by the defendant no 2 TOR.
    Matter is adjd. to 23.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Advocate  Ms. Preeti Shah a/w Advocate Ravi S. Irke and Advocate Arundhati Korale for defendant no.2 present.
    Advocate Toor a/w Advocate Yasmeen for defendant no.1 present.
    Advocate  Kuber Wagale for plaintiff present.
    On oral request matter is adjd. to  04/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Barucha for the plaintiff
    Adv. Mr. Thul h/f Adv. Yasmin Sarang for defendant No.1.
    Adv. Priti Shaha for the defendant No.2.
    KB
    L.O.
    List of documents filed by advocate for the defendant No.2.
    Heard arguments of the parties.
    Matter is adjd. to 05/03/2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: None for plaintiff.
    Adv. Ravi Irle h/f Adv. Priti Shaha for the defendant No.2.
    F R S R following order is passed:
    O R D E R
    1. Notice of Motion No.4555 of 2019 is dismissed.
    2. Costs shall be costs in the cause.
    3. Notice of Motion No.4555 of 2019 is accordingly disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 05-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113314/2019
    Filing Date: 02-12-2019
    First Hearing Date: 06th December 2019
    Decision Date: 05th March 2021
    Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Mar 2021

    Order Details: Notice of Motion Pdf Text: NM No.4555-2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.4555 OF 2019 IN SUIT NO.6921 OF 2001 (HIGH COURT SUIT NO.703 OF 2001) CNR NO.MHCC01-012479-2019 Haji Issup Mohamd Sulleman’s Botawala Charities & Ors. … Plaintiffs Vs. The Municipal Corporation of Greater Bombay & Anr. … Defendants Appearances: Ld. Adv Barucha for plaintiffs. Ld. Adv Toor for the defendant No.1. Ld. Adv Priti Shah for the defendant No.2. CORAM :…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.