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Notice of Motion

Ms. Abha Virendra JainVsMr. Navneet Tarachand Khosla Alias Muhammad Gulam Rasul

CNR MHCC0400950820191-1st Additional Principal Judge
Dindoshi, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th October 2023

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
203828/2019
Registration Date
06 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-12-2019
    Business: Court is on leave hence adjd to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: 10/02/2020 CORAM- H.H. JUDGE SHRI M.H. SHAIKH (C.R.NO.2)
    SU 2700/19
    Adv.Tanmaye for  plff. present.
    Adv. for plff filed registered N/m no.3828/19 alongwith affd in support.
    Deft present. Adv for deft absent.
    Exh.06 V/n of deft.
    Exh.07 Adjournment application filed by deft. O. Other side filed say on application itself. O.Read . Heard in the interest of justice application is allowed.
    Adjd to 13-03-2020 for n/m reply.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: 13/03/2020 CORAM- H.H. JUDGE SHRI M.H. SHAIKH (C.R.NO.2)
    SU 2700/19
    As court is busy in dictating order on SU No.600/15 and hearing ad-interim matters. Hence, board is discharged. Earlier order if any continue till next date. Adjd for reply on N/m  to 07-04-2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Business: As per  Circular  No 70/2020 Dated 31.03.2020 court and  office  adjournment  of cases in view  of deceleration  on Novel CORONA Virus  (COVID-19) as global pandemic by WHO-hence matter  adjourn
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: Lockdown extended up to 3rd May 2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Reason For Adjournment: Lockdown extended upto  17th  May 2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: Lockdown extended upto 31st May 2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Adjourned to 3/8/2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Business: SU-2700/19  Due to Lockdown-7,  Unlock-3, case is adjourned to 21-10-2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: SU- 2700/19
    In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and as per Office Order dated 30/09/2020 board is adjusted. Matter is adj to 11-12-2020
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: 2700/19
    Adv. Veera hf Adv. Kanchan for plaintiff present.
    None for defendant.
    Adj for reply to notice of motion to 25-01-2021.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: 2700/19
    Adv. Vijaykar hf Adv. Kanchan for plaintiff present.
    None for defendant.
    KB, later on, same appearance
    Adj for reply to notice of motion to 24-03-2021.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Court is on leave. Hence board is discharged.
    Matter is adj to
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Exponential surge in COVID 19 cases and in pursuance to the Hon''ble High Court, Bombay, circular dt. 16/04/2021 and as per Office Order No. 4 of 2021 dated 05/06/2021, board is adjusted.
    Adj for reply to notice of motion to
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: 2700/19
    Adv. Y. Kanchan for plaintiff present.
    Defendant present.
    Exh. Defendant filed an adjournment application. t.o.r.
    Heard.
    O - Last chance granted.
    Adj for reply to notice of motion to 30-11-2021.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: 2700/2019
    Adv. Shreya Jadhav for plaintiff present.
    Adv. H. S. Ansari for defendant present.
    Learned advocate for defendant orally requested time for filing reply.
    Last chance granted.
    Adj for reply to notice of motion to 05-01-2022.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: 2700/2019
    Adv. Sarita D''lima for plaintiff present.
    Adv. H. S. Ansari for deft. present.
    Exh.        Adjournment application filed by adv. for deft. t.o.r.
    Heard.
    O - Adjournment granted.
    Adj for reply to notice of motion to 07-02-2022.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: In view of the Hon''ble High Court, Bombay letter no. RG/1611/9/2022, dt. 06/02/2022 and Office order no. 27/2022, City Civil and Session Court, declare that to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, the City Civil And Sessions Court, Gr. Bombay, its office and branch at Dindoshi, shall remain closed on Monday 07/02/2022.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: In view of the Hon''ble High Court, Bombay letter no. RG/1611/9/2022, dt. 06/02/2022 and Office order no. 27/2022, City Civil and Session Court, declare that to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, the City Civil And Sessions Court, Gr. Bombay, its office and branch at Dindoshi, shall remain closed on Monday 07/02/2022. Hence, matter is taken today 08/02/2022.
    Adj for reply to notice of motion to
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: 2700/2019
    Adv. Sarita D''lima for plaintiff present.
    None for defendant.
    Defendant failed to file reply to notice of motion no. 3828/2019.
    Hence, Notice of motion no. 3828/2019 proceed without reply of them.
    Adj for hearing on notice of motion to 28-06-2022.
    Later on at 4.00 p.m.
    Mail received from department of this court wide
    inward no. 1084 dt. 24/03/2022. t.o.r.
    Seen and recorded.
    Mail received from department of this court wide
    inward no. 1084A dt. 24/03/2022. t.o.r.
    Seen and recorded.
    Considering mail received from defendants, order of ''notice of motion proceed without reply of defendant'' is hereby set aside.
    Last chance granted to defendant to file reply to notice of motion.
    Hence, adj for reply to notice of motion to 28-06-2022.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: 2700/2019
    Adv. Y. Kanchan for plaintiff present.
    None for defendant.
    Perused the roznama.
    On last occasion after receipt of the email, considering the reason the order already passed of no reply is set aside.
    Today defendant and their advocate are absent and failed to file reply
    Hence, Notice of motion proceed without reply of them.
    Adj for hearing on notice of motion to 10-08-2022.
    Later on
    Adv. Jahagirdar for defendant present.
    Exh.     Adv for defendant filed Vakalatnama. t.o.r.
    Already adj to 10-08-2022.
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: 2700/2019
    Adv. Shreya Jadhav for plaintiff present.
    None for defendant.
    Adj for hearing on notice of motion to 23-09-2022.
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: 23/09/2022 CORAM-H.H.1st Addl.Principal Judge SHRI S.M.BHOSALE
                        (C. R. NO.1)
    2700/2019
    Adv. Yogendra Kanchan for plaintiff present.
    None for defendant
    Adj for NM hearing  to  31-10-2022
    Later on at 5.30 pm
    Ex. Adjmt application sent by defendant by post reecived from department at  5.30 p.m
    Order  -Seen
     Matter is already adj to 31. 10. 22
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: 2700/2019
    Adv. Radha Pal hf Adv. Y. Kanchan for plaintiff present.
    None for defendant.
    As Court is busy in hearing argument and dictating order.
    Adj for hearing on notice of motion to 30-11-2022.
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: P.O. is on leave
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: 2700/2019
    Adv. Shreya Jadhav hf Adv. Y. Kanchan for plaintiff present.
    None for defendant.
    Adj for hearing on notice of motion to 23-02-2023.
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Court is vacant. Adj to
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: 2700/2019
    Adv. Y. Kanchan for plaintiff present.
    None for defendant.
    Learned advocate for plaintiff orally requested time for hearing.
    On request of advocate for plaintiff,
    Adj for hearing on notice of motion to 28-07-2023.
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: 2700/2019
    Adv. Shreya Jadhav hf Adv. Y. Kanchan for plaintiff present.
    None for the defendant.
    Adj for hearing on notice of motion to 17-10-2023.
    Next Purpose: NOTICE OF  MOTION FOR HEARING
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: 17/10/2023 CORAM-H.H.1st Addl. Principal Judge SHRI V. V. PATIL
                        (C. R. NO.1)
    SU 2700/19
    (NM No. 3828/19)
    Adv. Yogendra Kanchan for plaintiff present.
    None for the defendant.
    Heard ld. counsel for the plaintiff.
    Perused the NM and affidavit in its support.
    The prima-facie documentary evidence produced on record by the plaintiff substantiate her case that she is in possession of the suit property.
    Hence, the order.
                         Order
    1. The Notice of Motion No. 3828/19 is allowed in terms of prayer clause (a).
    2. Cost in cause.
    The defendant failed to file written statement.
    Hence, matter to proceed without written statement against defendant.
    Matter is adjourned for evidence without written statement to 16/02/2024.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 209397/2019
    Filing Date: 06-12-2019
    First Hearing Date: 17th December 2019
    Decision Date: 17th October 2023
    Court Number And Judge: 1-1st Additional Principal Judge

    Orders

    1
    Final Order 1
    17 Oct 2023
    Order Details: Order
    Pdf Text: 17/10/2023 CORAM-H.H.1st Addl. Principal Judge SHRI V. V. PATIL (C. R. NO.1) SU 2700/19
    (NM No. 3828/19) Adv. Yogendra Kanchan for plaintiff present. None for the defendant. Heard ld.
    counsel for the plaintiff. Perused the NM and affidavit in its support. The prima-facie documentary
    evidence produced on record by the plaintiff substantiate her case that she is in possession of the
    suit property. Hence, the order. Order 1. The Notice of Motion No. 3828/19 is allowed in terms of
    prayer clause (a). 2. Cost in cause. The defendant failed to file written statement. Hence, matter to
    proceed without written statement against defendant. Matter is adjourned for evidence without
    written statement to 16/02/2024.
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