NOTICE OF MOTION
Aijaz Ahmed Mohd. Aslam Khan - Suit No. 13/2021VsRoyal Realtors and Ors.
CNR MHCC0100004220202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th August 2022
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100020/2020
- Registration Date
- 02 Jan 2020
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: 08-01-2020
Business: Adv. P.D. Prasad Rao for plaintiff present.
Adv. Farhan Khan along with adv. Amir Koradia for defendants present.
Adv. for plaintiff tendered registered NM no 20/20.
Adv. for defendants sought time to file reply to NM.
Short time is granted.
Adv. for plaintiff tendered draft NM t.o.r.
O- Leave granted to register it.
Copy is served upon defendants.
Meanwhile, plaintiff is directed to remove office objection if any by next date.
Earlier order, if any to continue till next date.
Adjourned for both NM reply to 20.01.2020
Next Purpose: REPLY
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. P.D. Prasad Rao for plaintiff present.
Adv. Kamran Shaikh H/F Amir Koradia for defendants present.
Plaintiff tendered registered NM 225/20 t.o.r.
Adv. for defendants sought time to file reply to the Notice of motion taken out by the plaintiff. Adv. for plaintiff objected to grant time and prayed for costs.
O- One week time is granted as last chance with understanding that no further chance may be granted.
Adjourned to 27.01.2020 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Prasad Rao for plaintiff present.
Adv. Amir Koradia for defendant present.
KB
LO
Adv. Faran Khan for defendants present.
Application filed by adv. for defendants for giving direction to permit to take signature of defendant NO. 2 on reply.
Order-
Defendants through their advocates have sought time to file reply on different dates. Now, they have filed present application making prayers in above terms. It can not be said that defendants were not aware as to how they can file reply of defendant No. 2 who is in Arther Road Jail. It is clear that their intention is to take one more adjournment. May it be so, in the interest of justice, Jail Authority is directed to permit advocate for defendants to take signature of the defendant No. 2 on reply in their presence. Meanwhile, considering the fact that matter is to be adjourned on the count of defendants costs of Rs. 1000/- is imposed upon them payable to plaintiff.
Authenticated copy of roznama related to order to be provided to advocate for defendants.
Matter is adjourned and posted for reply and consideration to 30.01.2020
Next Purpose: REPLY
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Prasad Rao for plaintiff present.
Adv. Amir Koradia for defendants present.
Adv. for plaintiff submitted that only for want of leave under Order II Rule 2 of CPC Suit could not be registered and prayed to grand such leave in view of submissions made in para 16 read with prayer clause f. Leave under Order II Rule 2 of CPC is granted in relation to omission of any prayer which plaintiff is entitled to claim under the present cause of action.
Adv. for defendants filed reply to the both the Notice of Motions filed by plaintiff. t.o.r.
Copy is supplied to the advocate for plaintiff.
Defendants are directed to pay costs imposed on them on previous date before 5.02.2020 to the plaintiff. In case of breach of order suitable direction will be made.
Adjourned to 5.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv Mr. Prasad for plff present.
Adv Farhan @ Adv Amir Koradia for deft present.
He paid cost to Adv for plff as per order dated 27/01/2020.
Partly heard both parties on NM 225/2020.
Matter stands Adj for further hearing on NM 225/20 to 06/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv Mr. Prasad for plff present.
Adv Farhan @ Adv Amir Koradia for deft present.
Adv for both parties submitted that there are chances for settlement. Hence, matter be put up before Lok-adalat on 08/02/2020.
Matter stands Adj for report of Lok-adalat to 13/02/2020.
Next Purpose: REPORT
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv Mr. Prasad for plff present.
Adv Farhan @ Adv Amir Koradia for deft present.
Report of Lok-adalat received. Matter not settled.
Matter stands Adj for NM hearing to 17/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: As Court is on leave hence, Board adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv (Dr) Geeta Kasturi for plff present.
Adv Amir Koradia for deft no. 1 to 3 present. He submitted that he given no objection to defts to engage new advocate.
Adv Jahangir Khan for deft no. 1 to 3 present and undertakes to file VP on next date.
Plff tendered draft CS. Leave granted to register. Copy served to Adv for deft.
Matter stands Adj for CS reply to 28/02/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Prasad Rao for plaintiff is present.
Adv. Jahagir Khar for defendant no.1 to 3 is present. He undertakes file V/P on next date.
Adv. M. A. Rehman appear for proposed defendant no.4 is present. He undertakes to file V/P.
With consent of all parties
Matter stands Adj for reply on 14.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv Nitin Atpalkar for plff present.
Adv Pushpa Kotian I/b Jahangir Khan for deft no. 1 to 3 present and undertakes to file VP on next date.
Adv Nadeem Malik h/f M. A. Rehman for proposed deft no. 4 present and undertakes to file VP on next date.
Matter stands Adj for CS reply to 27/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv Nitin Atpadkar for plff present.
Adv Jyoti Jadhav appeared for deft no. 1 to 3.
She filed VP for deft no. 1 to 3. t.o.r.
Matter stands Adj for CS reply to 18/01/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.Prasad Rao for plff. present.
Adv. Bansod for deft. present.
Both sides submitted that matter is settled out of Court and they shall file Consent Terms on next date.
Matter stands Adj for Reply on Ch/s to 04.02.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: By Precipe
Adv Nitin Atpadkar for plff present.
Adv Mangesh Bansod for defts present.
Adv for plff filed registered CS 171/2021. t.o.r.
He also tendered consent terms. t.o.r.
Matter already Adj for CS Reply to 04/02/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Nitin Aatpatkar for plff present.
Adv. Jyoti Jadhav I/b Mangesh Bansod Deft No. 1 to 3 present.
It is Clarified that no order is passed on consent terms filed between plff and original deft.
Matter stands Adj for Ch/s. reply to 10.03.2021
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present for plff and deft.
Matter stands Adj for CS Reply to 20/04/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plff and deft.
Matter stands Adj for Dismissal of Suit and NM of plff to 24/11/2021.
Next Purpose: DISMISSAL
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plff and deft.
Matter stands Adj for Dismissal of Suit and NM of plff to 07/01/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: P.O.IS ON LEAVE.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: P. O. is on leave. Matter is adjd to
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Both parties and their Adv absent.
Matter stands Adj for Dismissal Order to 26/04/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Both parties and their Adv absent.
P. O. is busy in dictating Judgment in SU 2988/2004.
Hence, matter stands Adj for Dismissal Order to 18/06/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: P.O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Sufficient opportunity is granted to work out n/m. Today also plaintiff and his advocate absent. From roznama it is seen that plaintiff is not interested to proceed with the n/m. Hence Notice of Motion no. 100020/2020 and 225/2020 stands dismissed for default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-08-2022Additional Case Details
Additional Case Details
Filing Number: 100022/2020 Filing Date: 02-01-2020 First Hearing Date: 08th January 2020 Decision Date: 18th August 2022 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
1Final Order 118 Aug 2022
18 Aug 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100020/2020 Aijaz Ahmed Mohd. Aslam Khan - Suit No. 13/2021 Vs Royal Realtors and ors. Date : 18-08-2022 Business : Both parties and their advocate are absent. Parties are directed to give CTS number of suit property. Sufficient opportunity is granted to work out n/m. Today also plaintiff and his advocate absent. From roznama it is seen that plaintiff is not interested to proceed with the n/m. Hence Notice of Motion no. 100020/2020 and 225/2020 stands dismissed for default. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 18-08-2022 COURT 02 ADDL SESSIONS JUDGE -- 1 of 1 --
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