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NOTICE OF MOTION

Mohd. Mobin Matin Khan Suit St. No. 13273 of 2019VsM/s Royal Realtors and Ors.

CNR MHCC0100006120202-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
100026/2020
Registration Date
02 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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 26/20.
    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 230/20 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 230/2020.
    Matter stands Adj for further hearing on NM 230/20 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.
    Exh 03 - She filed VP for deft no. 1 to 3 t.o.r.
    Adv Nadeem Malik h/f M. A. Rehman for proposed deft no. 4 present.
    Exh 04 - He filed VP for deft no. 4 present. t.o.r.
    Time extended to register CS.
    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 178/2021. 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
    Reason For Adjournment: Adjourned 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.
    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. 100026/2020 and 100230/2020  stands dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100027/2020
    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

    1
    Final Order 1
    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/0100026/2020
    Mohd. Mobin Matin Khan Suit St. No. 13273 of 2019 Vs M/s Royal Realtors and Ors.
    Date : 18-08-2022
    Business : Both parties and their advocate are absent. 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. 100026/2020 and 100230/2020 stands
    dismissed for default.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 18-08-2022
    COURT 02 ADDL SESSIONS JUDGE
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