Noor Mohammed Sardar Ali Shaikh (Munna)VsMs. Rashida B. Mohammed Shaikh +2 more

Date: 27-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view 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: DIRECTIONS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Rajesh Khobragade for plaintiff present and filed draft NM supported by affidavit. Leave granted to register draft NM.
None present for defendant.
Ld. counsel for plaintiff submitted that as per the endorsement on the praecipe, the defendant no. 1 and 2 have been served with the NM along with plaint and documents filed with the plaint. But, they are not present  before the court. He further submitted that there is an urgency in the matter as stated in paragraph no. 1 and 2 of the supporting affidavit filed with the NM, as the defendants no. 1 and 2 are trying to create third property interest in the suit property. He submitted that two local agents namely Jalil Shaikh and Akhtar Bhai have approached the defendants during the lockdown to find out the prospective buyers. If interim relief as prayed in the NM is not granted at this stage to the plaintiff, he will suffer irreparable loss and it will also result in multiplicity of litigation.
Ld. counsel for plaintiff submitted that he is ready to file additional affidavit today itself, regarding urgency in the matter by giving necessary details. He submitted that his statement may be taken on record.
I have gone through the NM and the supporting affidavit and pleadings in the plaint and documents filed on record along with the plaint. As per deed of assignment dated 07.04.1995 and other  documents on record, the plaintiff has acquired lawful title as original tenant, interest and possession of the suit property. It appears that the defendants are trying to create third party interest in the suit property. Hence, prima facie I find that plaintiff has made out the case for grant of interim protection as prayed in the NM.
The defendant no. 1 and 2 are hereby directed to maintain the status quo in respect of the legal status of the suit property i.e. Shaikh Auto Motor Garage and its premises admeasuring 25\'' X 35\'' ft along with open space of 60 X 90 Sq. ft. situated at Kamruddin State Compound, Safed School, Mumbai-72(Survey No. 16, 55, Hissa No. 22, Village Mohili, Taluka-Kurla etc.), as described in prayer clause (c) of the NM and not to create third party interest till next date.
The Ld. counsel for plaintiff shall comply with the provisions of O 39, R-3 of the CPC by communicating this order to the defendants for information and compliance.
Ld. counsel for plaintiff shall also file on record affidavit of service and additional affidavit explaining the urgency in the matter and serve the same to the other side.
Sheristedar to provide authenticated copy of today\''s roznama to the Ld. counsel for plaintiff for information and compliance.
Matter already Adj to 20.10.2020 for reply to draft NM.
Next Purpose: REPLY
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: Adv. Dharmesh Panch for plaintiff present and filed additional affidavit support of NM and filed original NM no. 1472/20 along with affidavit and affidavit of service.
Adv. Ajay Pawar for defendant no. 1 and 2 present and filed VP and reply affidavit to NM no. 1472/20. Copy served on other side.
Vakalatnama filed on behalf of defendant no. 1 and 2.
By consent, Matter stands Adj for hearing on NM no. 1472/20 to 14.12.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Adv. Manisha Munde for plaintiff present.
Adv. Siquera for defendant present.
By consent, matter stands adj. for NM for hearing to 08.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Advocate Ms.Sapna Khobragade for plaintiff present.
Advocate Ajay Pawar for defendant present and seeks time to file NM challenging maintainability of suit.
The case is adjourned to 26.02.2021 for NM hearing.
LO at 4.00pm
Same appearance.
Advocate Ms.Sapna Khobragade for plaintiff filed application for continuation of earlier order on the ground that it was not continued on last two dates. TOR and marked as Exh.3.
Application is opposed on the ground that defendants have raised objection to jurisdiction of this Court and the order is not continued earlier and so now it cannot be continued.
Advocate for defendants no.1 and 2 submits that defendants no. 1 and 2 will not create third party interest in the suit property till next date.
Said statement is accepted as an undertaking given to the Court.
In view of statement made by the defendants, application Exh.3 is adjourned.
The case is adjourned to 26.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Advocate Ms. Khobragade for plaintiff present.
Advocate Aditya Modi for defendant 1 and 2 present and filed vakalatnama. TOR and marked as Exh.4.
O- Filed.
Advocate for defendants sought time.
Statement by advocate for defendants 1 and 2 made on 08.02.2019 to continue till next date.
The case is adjourned to 07.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Due to COVID-19 pandemic the board is discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Matter called out at 04.38 p.m.
Adv. Sapna Khobragade for plaintiff present.
Adv. Thorat for defendant present.
Earlier interim was granted on the statement of the defendant. That order be continued till next date.
By consent, matter stands adjourned to 26.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Matter called out at 4.01 pm.
Adv. Sapana Khobragade for plaintiff.
Adv. Thorat Tendered VP on behalf of Defts. TOR. Deft. Undertaking given is to continue.
Matter stands adjourned to 25.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Matter called out at 2.15 p.m.
Adv. Raj Gupta a/w Gayatri Nayak I/b R. P. Khobragade for plaintiff present.
Adv. Sinead Remedia for defendant present.
Undertaking to be continue if any, till then.
By consent, matter stands adjourned to 02.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Matter called out at 3.19 p.m.
Adv. Sapna Khobragade for plaintiff present.
Adv. Aditya Mody for defendant present.
Earlier order if any, to continue.
By consent, matter stands adjourned to 25.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Dharmesh Panchal for plaintiff present.
Adv. Anjali Mishra h/f Adv. R. D. Thorat for defendant present.
Earlier order if any, to continue.
By consent, matter stands adjourned to 13.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for plaintiff.
Adv. Omkar Sawant h/f Adv. Rahul Thorat for defendant present. He is seeking time. Time granted.
Earlier order if any, to continue.
Matter stands adjourned to 14.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Sapna Khobragade for plaintiff present.
Adv. Omkar Sawant for defendants present. He is seeking time. Time granted.
As per roznama dated 08.02.2021, undertaking was given by the advocate of defendants that Deft. no.1 and 2 will not create third party interest in the suit property. Said undertaking shall stand continue till disposal of NM No.1472/2020.
Matter stands adjourned to 30.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Raj Gupta for plaintiff present. He is seeking time. Time granted.
Adv. Thorat for Deft. no.1 and 2 present.
Matter stands adjourned to 07.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: CORAM :- H.H.J. SHRI V.D. KEDAR (CR. 01)
Matter pertains to C.R.03.
Plaintiff a/w Adv. Sapna Khobragade present.
Adv. Omkar Sawant for defendant present.
Earlier order, if any, to continue till next date.
Matter adjourned to 05.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. Gayatri Nayak I/b Sapna Khobradage for plaintiff present.
Adv. Anjali Mishra h/f Adv. Rahul Thorat for defendant present.
Earlier order, if any, to be continued till next date.
By consent, matter stands adjourned on 12.07.2023 for NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Adv Abhijeet Naik for Plaintiff present and seeking time. Time granted.
Adv Shruti Chavan for defendant no. 1 and 2 present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on  26-09-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Adv Sapna Khaobragade for Plaintiff present.
Adv S. Remedios for defendant nos. 1 and 2 present and tendered Draft NM along with affidavit in support. TOR. O- Leave granted to register the NM. Copy supply to other side.
She also filed Writtens statement and additional Written Statement of deft no. 1 and 2. TOR.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on  08-11-2023 for NM hearing/ NM
service and reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: CORAM - H.H.J. SHRI. V. D. KEDAR (COURT ROOM NO.1)
Matter is pertains to Court Room No.3
Advocate Rajesh Khobragade for plaintiff present.
Advocate Remedios for defendant Nos.1 and 2 present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 12.02.2024 for NM hearing.
                                                                                   I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Plaintiff in person present.
Adv. Anjali Mishra h/f Adv. Raut Thorat for defendant no.1 and 2 present and tendered registered Notice of Motion no.3904/23 alongwith affidavit in support. t.o.r.
LO at 3.20 pm
Adv. Raj Gupta for plaintiff present.
Adv. Anjali Mishra h/f Adv. Raut Thorat for defendant no.1 and 2 present.
Matter adjourned for NM reply by plaintiff to 26-03-2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: The P.O. is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Raj Gupta for  plaintiff present.
Adv. Ramedios for defendants No.1 to 3 present.
Both parties requested time to file reply on next date. O- Time granted.
Matter adjourned for filing NM by both parties to 25-06-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Ayesha Qureshi h/f Adv.Sapana Khobragade for  plaintiff present and orally seeks time to file reply to NM No.3904/23. O- Last chance granted.
Adv. S. P. Remedies h/f Adv. R. D. Thorat for defendant No.1 present.
None for defendant Nos.2 and 3.
Matter adjourned for NM No.3904/23 reply by plaintiff as a last chance and NM No.1472/20 reply be defendant to 22-07-2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present alongwith Adv. Ayesha Qureshi is present. She is seeking time to file her reply on NM No.3904/23.
Adv. Siniad P. Remedies h/f Adv. R. D. Thorat for defendants No.1 and 2 is present.
None for defendant No.3.
Earlier order, if any, to be continued till the next date.
Matter adjourned for filing reply to NM No.3904/23 by plaintiff and NM No.1472/20 by defendant No.3 to 25-09-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: IN THE COURT OF H.H.J. A. B. SHARMA JUDGE CITY CIVIL COURT C.R. NO. 03.
Matter pertains to CR. No.61.
Adv. Rahul Yadav for plaintiff is present.
Adv. Remedios for defendants No.1 to 3 is present.
Earlier order if any, is continued till the next date.
Matter adjourned for NM reply to 18-11-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sapana Khobragade for plaintiff is present.
Adv. Sinead Remedios h/f Adv. R.D. Thorat for defendants No.1 and 2 is present.
Earlier order, if any is continued till the next date.
Matter adjourned for reply to NMs  hearing to 22-01-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w his Adv. Rahul Yadav h/f Adv. Sapna Khobragade is present. He seeks time.
Adv. R. D. Thorat for defendants No.1 to 3 is present.
Earlier order if any, is continued till the next date.
Matter adjourned for filing reply to NM No.3904/2023 to 10.03.2025.
Next Purpose: REPLY
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: Adv. Rahul Yadav h/f Adv. Khobragade for plaintiff is present and filed reply to NM No.3904/2023. TOR. Copy is served upon advocate of defendants No.1 and 2.
Adv. Jitendra Patel h/f Adv. R. D. Thorat for defendants No.1 and 2 is present.
None for defendant No.3.
Matter adjourned for NMs hearing to 16.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: IN THE COURT OF H.H.J. R. R. PATARE JUDGE CITY CIVIL COURT C. R. NO. 01.
Matter pertains to C. R. NO. 61.
Adv. Raj Gupta for plaintiff is present.
Adv. Anjali Mishra for defendant is present.
Earlier order, if any is continue till the next date.
Matter is adjourned for NM hearing to 17.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff and his Advocate are absent.
Defendant No.2 is present.
Matter is adjourned for NM Hearing to 02.09.2025.
Later on, at 3.49 p. m.
Adv. Lubdha Bhoir i/b Adv. Sapna Khobragade for plaintiff is present.
Earlier order if any, to continue, till next date.
Matter is adjourned for NM Hearing to 02.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. Sapna Khobragade for plaintiff is present and sought time to argue.
Adv. Jitendra Patel h/f Adv. Rahul Thorat for defendant is present.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM hearing to 17.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM  HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Matter pertains to CR. No.61
Adv. Lubdha Bhoir h/f Adv. Khobragade for plaintiff is present.
Adv. S. Remedies h/f Adv. R.D. Thorat for defendant is present.
Earlier order if any, is to be continued till next date.
Matter adjourned for NM hearing to 16.12.2025
                                                                 I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: CORAM  HIS HONOUR JUDGE SHRI R.R.PATARE (C.R.NO.1)
Matter pertains to CR. No.61.
Adv Sapna Khobragade for plaintiff is present.
Adv. Rudra Parulekar for defendants is present.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM hearing to 04-02-2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: Court is on leave. Hence matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Lubdha Bhoir h/f Adv. Sapa Khobragade for plaintiff is present and sought time. Time is granted.
Adv. Sinead Remedios i/b Adv. Rahul Thorat for defendant is present.
Earlier order if any is to be continued till the next date.
Matter adjourned for NM hearing to 29.06.2026.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
By Preceipi.
NOB TOB.
Adv. Siniad Remedios h/f Adv. Rahul Thorat for defendants No.1 and 2 is present and moved preceipi. TOR. Marked as Exh-05. O- Allowed. She also filed draft NM a/w affidavit in support. O- Leave is granted to register. Copy be served upon other side through the bailiff.
 Considering the ground date is preponed.
Matter adjourned for filing affidavit of service and tendering registered NM to 06.05.2026.
                                                                                 Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sapna Khobragade for plaintiff is present and served unaffirmed copy of the reply of NM No.2293/26 to the plaintiff. She further submitted that as the plaintiff is Kidney patient she will submit the affirmed copy of reply before this Court on next date.
Adv. R. D. Thorat for defendants No.1 and 2 is present and tendered registered NM No.2293/2026 a/w affidavit in support.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM reply to 09.06.2026.
                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. Sapna Khobragade is present and filed reply to NM No.2293/2026. TOR. Copy is served upon other side.
Adv. R. D. Thorat for defendant is present.
Earlier order, if any, is to be continued till the next date.
Matter adjourned for NM hearing to 15.07.2026.
                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: Adv. Lubhda Boir h/f Adv. Sapna Khobragade plaintiff present.
Adv. Jitendra patel h/f Adv Rahul Thorat for defendant present.
Matter adjourned for on request earliear order continue if any till next date. 24/08/2026
Next Purpose: ORDER
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: None for the plaintiff.
Adv. Rahul Thorat for the defendant is present.
Due to absence of the plaintiff.
Later on 3.33 PM
Adv. Sapna  Khobragade for the plaintiff is present.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM Hearing to 08/09/2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Adv. Khobragade for the plaintiff is present.
Adv. R. D. Thorat for the defendant is present.
Heard both parties to NM No.3904/2023.
Earlier order, if any is to be continued till the next date.
Matter adjourned for Order on NM No.3904/2023 to 22/09/2026.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-09-2026

Date: 22-09-2026
Business: Adv. Sapna Khobragade for the plaintiff is present.
Adv. Sejal Lahane h/f R.D. Thorat for defendant No.1 and 2 is present.
Earlier order, if any is to be continued till the next date.
F.R.S.R. following order is passed
Order
1.The notice of motion no.3904/2023 is allowed.
2.Delay has been condoned subject to payment of cost Rs.5000 rupees by each defendant to the plaintiff. After the payment of cost by the defendant their written statement be taken on record.
3.Accordingly notice of motion is disposed off.
Matter adjourned for Compliance to 26/10/2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2026

NOTICE OF MOTION/102293/2026
NOTICE OF MOTION/103904/2023
NOTICE OF MOTION/101472/2020

Registration Number: 101020/2020
Transfer Date: 30-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101020/2020
Transfer Date: 13-07-2026
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 113785/2019
Filing Date: 11-12-2019
First Hearing Date: 27th March 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE