NOTICE OF MOTION
Shakir Ramuri Khan - Suit St. No.16998 of 2018VsMCGM And Ors
CNR MHCC0100000220198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 18th February 2023
TrustJury record updated 16 Sept 2026
Case Overview
- Registration Number
- 100001/2019
- Registration Date
- 01 Jan 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 17-01-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-05-2019 Date: 03-05-2019 Next Purpose: NOTICE OF MOTION Next Hearing Date: 06-08-2019 Date: 06-08-2019 Business: None present for the Plaintiff. The Plaintiff has not registered the suit and not made compliance and even not tendered registered N/M. Hence, Stamp No. 16998/2018 is hereby dismissed for default and consequently unregistered N/M stands disposed of. KB at 4.15p.m. Adv. Mr. Holamagi for the Plaintiff present. Application tendered by the adv for the Plaintiff. t.o.r. In the interest of justice, application is allowed and Stamp no. 16998/2018 is restored and consequently unregistered N/M is restored. Adv for the Plaintiff is directed to remove office objection first and register the suit without fail prior to next date and failure to which suit will be dismissed and N/M will be dismissed without passing any further orders in N/M. Sheristedar is directed to send this file to the department immediately and Registrar (C) is directed to make endorsement regarding compliance of office objection by the Plaintiff and submit to this court on next date. Matter adjd to 20.08.2019 for Compliance by the Plaintiff in respect of registration of the suit and registration of the N/M. Next Purpose: NOTICE OF MOTION Next Hearing Date: 20-08-2019 Date: 20-08-2019 Business: Adv.Mr. Holamagi for the Plaintiff present. Court is busy in other matters on board and dictating order in Notice of Motion No.3052/2019, hence, matter adjourned. Matter is adjd. to 13.09.2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 13-09-2019 Date: 13-09-2019 Business: Adjd Next Purpose: SERVICE Next Hearing Date: 07-10-2019 Date: 07-10-2019 Reason For Adjournment: court time is over Next Purpose: SERVICE Next Hearing Date: 13-01-2020 Date: 13-01-2020 Business: Adv.Subrayamanayam for Plaintiff is present he filed adj.application. Adj.Granted. (Exh-10) Adv.Redekar for defendant no.5 is present. Adv.Surbhi Gujar for defendant no.4 is present. Adv.Trivedi for defendant no.1 is present. Matter is adjd. for N/M hearing. to 24/02/2020 . Next Purpose: NM FOR HEARING Next Hearing Date: 24-02-2020 Date: 24-02-2020 Business: matter adjd to 27.2.2020 Next Purpose: NM FOR HEARING Next Hearing Date: 27-02-2020 Date: 27-02-2020 Business: matter adjd to 02/03/2020 Next Purpose: REJOINDER Next Hearing Date: 02-03-2020 Date: 02-03-2020 Business: matter adjd to 26.03.2020 Next Purpose: REJOINDER Next Hearing Date: 26-03-2020 Date: 26-03-2020 Next Purpose: REJOINDER Next Hearing Date: 18-04-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: REJOINDER Next Hearing Date: 08-05-2020 Date: 08-05-2020 Next Purpose: REJOINDER Next Hearing Date: 29-05-2020 Date: 29-05-2020 Reason For Adjournment: National Lock Down Next Purpose: REJOINDER Next Hearing Date: 16-06-2020 Date: 16-06-2020 Business: national lock down Next Purpose: REJOINDER Next Hearing Date: 15-10-2020 Date: 15-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REJOINDER Next Hearing Date: 06-02-2021 Date: 06-02-2021 Business: Both the parties and their advocates are absent. Matter is adjd. to 12/04/2021 for NM hearing. KB L.O. Adv. Mr. Holamagi for the plaintiff. Adv. Mr. Ankit Ojha for the defendant No.3. Ad-interim relief if any to continue till next date. Last chance is granted for argument. On oral request of the defendant No.3, matter is adjd. to 15/03/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 15-03-2021 Date: 15-03-2021 Business: None for plaintiff. Adv. Chandramore for defendants No.1 and 2. Adv. Mr. R. K. Dubey for the defendant No.3. Last chance was granted for arguments. However, today, the plaintiff and his advocate remained absent. Hence, NM No.3594/2019 is dismissed for want of prosecution. Defendants No.1 and 2 have failed to file WS. Hence, the suit to proceed without WS against them. Matter is adjd. to 03/05/2021 for discovery and inspection. Next Purpose: FOR___________________ Next Hearing Date: 03-05-2021 Date: 03-05-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FOR___________________ Next Hearing Date: 14-07-2021 Date: 14-07-2021 Business: Due to COVID-19 pandemic. Next Purpose: FOR___________________ Next Hearing Date: 07-09-2021 Date: 07-09-2021 Business: Court is on leave. Next Purpose: FOR___________________ Next Hearing Date: 24-11-2021 Date: 24-11-2021 Business: As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged. Matter is adjd. to 20.01.2022 for reply. Next Purpose: REPLY Next Hearing Date: 20-01-2022 Date: 20-01-2022 Business: Due to SOP only urgent matters are taken up. Matter is adjd. to 25.03.2022 for reply. Next Purpose: REPLY Next Hearing Date: 25-03-2022 Date: 25-03-2022 Business: None present for plaintiff. Adv. R. P. Oza present for defendant 03 and he tendered affidavit in reply to NM no. 1069/2021. Defendant no. 01 and 02 failed to file reply to NM no. 1069/2021. Hence, NM no. 1069/21 is proceeded without reply of NM no. 1069/21. Matter adjourned for hearing on NM 1069/21 to 23/06/22. Next Purpose: NM FOR HEARING Next Hearing Date: 23-06-2022 Date: 23-06-2022 Business: None present for plaintiff. Adv. Ankit Oza present for defendant 03. Adv. Chandramore present for defendant/MCGM. As plaintiff and his adv. are absent, Matter adjourned for nm hrg./order to 25/07/22. Next Purpose: NM FOR HEARING Next Hearing Date: 25-07-2022 Date: 25-07-2022 Business: None present for plaintiff. Adv. Chandramore present for defendant/MCGM. Adv. R. P. Oja present for the defendant no. 03. As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 19/08/22. Next Purpose: DISMISSAL Next Hearing Date: 19-08-2022 Date: 19-08-2022 Business: None present for plaintiff. Adv R.P. Ojha present for defendant no. 03. Adv Chandramore present for defendant no. 01. From the record it appears that, plaintiff and his Adv are absent since long and they did not take steps to proceed further with the Notice of Motion no. 1069/21 and therefore matter is kept for dismissal order of Notice of Motion no. 1069/21. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the Notice of Motion no. 1069/21. Therefore, it will be appropriate to dismiss the Notice of Motion no. 1069/21 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 1069/21 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. Plaintiff to produce original registered Notice of Motion no. 1069/21 for record. Matter adjourned for No Written Statement against defendant no. 02 to 26.09.22. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 26-09-2022 Date: 26-09-2022 Business: None present for plaintiff. Adv. Chandramore present for defendant 01 and 02/MCGM. Adv. Ankit Oja present for defendant no. 03 and sought adjournment for filling WS. Matter adjourned for no Ws order to 06/10/22. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 06-10-2022 Date: 06-10-2022 Business: None present for plaintiff. Advocate R.P. Ojha present for defendant no. 03 and submitted that Written Statement of defendant no. 03 is already on record at Exh-03. From the record it appears that, inspite of just opportunity, defendants no. 01 & 02 failed to filed reply their Written Statement, Hence, Suit be proceeded without Written Statement of defendant no. 01 & 02. Matter adjourned for Issues to 01.11.2022. Next Purpose: FRAMING ISSUES Next Hearing Date: 01-11-2022 Date: 01-11-2022 Business: None present for plaintiff. Adv. Oja present for defendant 03. Issues are framed at Exh. 04. Matter adjourned for to 01/12/22. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 01-12-2022 Date: 01-12-2022 Business: None present for plaintiff. Adv. R. P. Ojha present for defendant. Adv. Chandramore present for defendant/MCGM. As plaintiff and his adv. are absent, Matter adjourned for RE/order to 10/01/23. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 10-01-2023 Date: 10-01-2023 Business: None present for plaintiff. Adv. Chandramore present for defendant no. 01 and 02/MCGM. Adv. R. P. Ojha present for defendant no. 03. As plaintiff and his adv. are absent, Matter adjourned for RE/dismissal order to 13/02/23. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 13-02-2023 Date: 13-02-2023 Business: None present for plaintiff. Advocate Chandramore for defendant No.1 and 2 present. Advocate R.P. Oza present for defendant No.3. From the record it appears that plaintiff and his advocate are absent. Since long they did not adduce evidence. Matter adjourned for dismissal to 18.2.23. Next Purpose: DISMISSAL Next Hearing Date: 18-02-2023 Date: 18-02-2023 Business: None present for plaintiff. Adv. Kirti ojha present for defendant no. 03. None present for other defendants. l.o. at 02.47 pm. None present for plaintiff. From the record it appears that, plaintiff and his advocate are absent since long and did not take steps to proceed further with the suit and did not adduce evidence. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. From the record it appears that, the Notice of Motion No. 01 of 2019 is not tendered on the record. AS the suit is disposed off, Notice of Motion no. 01 of 2019 does survive. Hence, Notice of Motion no. 01 of 2019 is also disposed of. Proceeding is closed. Nature Of Disposal: OTHERWISE Disposal Date: 18-02-2023
Additional Case Details
Additional Case Details
Filing Number: 100001/2019 Filing Date: 01-01-2019 First Hearing Date: 17th January 2019 Decision Date: 18th February 2023 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
1Final Order 118 Feb 2023
18 Feb 2023
Order Details: Other
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