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NOTICE OF MOTION

Mohammed Shahid Jamal ShaikhVsSuresh Rambhau Dunge

CNR MHCC0100013220202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th February 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100050/2020
Registration Date
04 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. Pal for plaintiff present.
    Plaintiff present.
    Plaintiff tendered registered NM 50/20 t.o.r.
    Plaintiff is directed to file affidavit of service.
    Adjourned to 5.03.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: P. O. is on Leave
    Next Purpose: SERVICE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 07-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present.
    Matter stands Adj for NM Service to 21/02/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 22-02-2021
    
    Date: 15-12-2020
    Business: None present.
    Matter stands Adj for NM Service to 21/02/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Plff and his Adv absent.
    Since this is the first date after the lock down.
    Last chance is granted to the plff for service of notice of motion on the deft.
    Matter stands Adj for NM Service to 25/03/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: P. O. is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to covid matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plff.
    Matter stands Adj to 14/10/2021 for Affidavit of NM Service, in default dismissal order.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Shailesh Pal for plaintiff present.
    He filed affidavit of service . TOR.
    As Court is buzy in administrative work.
    Matter stands Adj on 06.12.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv Shailesh Pal for plff present.
    On 14/10/2021, Adv for plff filed affidavit of service on the deft but the sealed envelop returned back with remark \"left\".  Hence plff is directed to serve NM afresh on deft.
    Matter stands Adj for Affidavit of Service to 10/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Plaintiff and his advocate are absent.
    adjourned for steps to 05.08.2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Hari Margaje for plaintiff present.
    None for defendant.
    Matter is adjd for steps as last chance to 10/11/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Both parties and their advocate are absent.
    the plaintiff has failed to take steps for service of notice of NM on defendant. Last chance granted for steps.
    Matter is adjd for taking steps to 17/12/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Pal for plaintiff present.
    None for defendant.
    The plaintiff is directed to serve on defendant through bailiff.
    Matter is adjourned to 08/02/2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: P.O. is on Leave
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv. Girish Pawar h/f ADv. Shilesh Pande for plaintiff present.  Time extended for service till next date.
    Matter adjourned for service to 23.06.2023
    Next Purpose: SERVICE
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Both parties and advocate absent.
    Matter adjourned for Service on 04.08.2023.
    Next Purpose: SERVICE
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Both parties and advocate absent.
    O- Last chance granted.
    Matter adjourned for Service on 16.09.2023.
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Advocate Mr. Pal for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter adjourned for Service on 23.10.2023.
    Next Purpose: SERVICE
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: PO is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: Plaintiff absent.
    Advocate Ms. Mooman  h.f Advocate Ghorpade for defendant present.
    Matter adjourned for Service on 18.01.2024.
    Next Purpose: SERVICE
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: Plaintiff and Advocate for plaintiff absent.
    Advocate  Mrs. Mooman for defendant present.
    Matter adjourned for NM reply  on 28.02.2024.
    Next Purpose: REPLY
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Advocate Pal for plaintiff present.
    Advocate Mooman h/f Ghorpade for defendant present.
    Matter adjourned for NM Reply  on 05.4.2024.
    Next Purpose: REPLY
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: Both parties and advocate absent.
    Matter adjourned for Reply on 21.06.2024.
    Next Purpose: REPLY
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Advocate Ms. Mooman h.f. Ghorpade for plaintiff present.
    Defendant and advocate absent.
    The record shows that matter is pending for taking steps since last number of dates. However the plaintiff has not taken any effective steps. It shows that the plaintiff is not interested to conduct this matter. However, for the ends of justice one more chance is given to be plaintiff. The plaintiff is hereby specifically directed to take necessary steps before next date, otherwise matter will be dismissed for want of steps.
    Matter is adjourned for Dismissal on 16.07.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Advocate Mr. Shailesh Pal for plaintiff present. He has submitted that on the last date matter was pending for the reply of the defendant. However despite of this, this NM is kept for dismissal order. Considering the record the no reply order passed against the defendant.
    Matter is adjourned for NM hearing on 27.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Both parties and advocate absent.
    Matter is adjourned for NM hearing on 13.12.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: PO is on leave, hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: Advocate Mr. Shailesh Pal for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for NM hearing on 17.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: Defendant and advocate absent.
    Advocate Girish Pawar h.f. Shailesh Pawar for plaintiff present.
    Matter is adjourned for NM hearing on 23.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2025
    
    Date: 23-07-2025
    Business: P.O IS ON LEAVE
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: PO is on leave, hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2026
    
    Date: 08-01-2026
    Business: Advocate Girish Pawar h.f. Advocate Shailesh Pal for plaintiff is present.
    None present for defendant.
    Kept back
    Later on at 3.45 P.M.
    Advocate Shailesh Pal for plaintiff is present. He seeks time for hearing on N/M. O- Rejected and matter is kept for dismissal of NM.
    None present for defendant.
    Matter adjourned to 07.02.2026 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-02-2026
    
    Date: 07-02-2026
    Business: Advocate Shailesh Pal for plaintiff is present.
    None present for defendant.
    Kept back
    Later on at 3.30 P.M
    Advocate Shailesh Pal for plaintiff is present and he filed application for hearing on N/M. O- Allowed.
    None present for defendant.
    Heard argument of advocate for plaintiff on NM 50/2020.
    Matter adjourned to 09.02.2026 for NM Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: Advocate Parth Bhatia h/f Shailesh Bhat for plaintiff is present.
    None  for defendant.
    FRSR following order is passed.
                                            ORDER
    1. Notice of Motion No. 50 of 2020 in Suit No. 2860 of 2017 is allowed.
    2. Delay of 48 days in filing the present Notice of Motion is condoned.
    3. The order dated 16.10.2019 dismissing Suit No. 2860 of 2017 for non- compliance is hereby set aside.
    4. Suit No. 2860 of 2017 is restored to its original file and number subject to the plaintiff paying costs of Rs. 2,500/- (Rs. Two Thousand Five Hundred Only) to the defendant within 15 days from today.
    5. Notice of Motion 50 of 2020 in Suit No. 2860 of 2017 is accordingly disposed of.
    Matter adjourned to 02.04.2026 for Draft Issue.
    Nature Of Disposal: ALLOWED
    Disposal Date: 09-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100141/2020
    Filing Date: 04-01-2020
    First Hearing Date: 08th January 2020
    Decision Date: 09th February 2026
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Feb 2026

    Order Details: Notice of Motion Pdf Text: MHCC010001322020 IN THE BOMBAY CITY CIVIL COURT AT GR. MUMBAI NOTICE OF MOTION NO.50 OF 2020 IN S. C. SUIT NO.2860 OF 2017 Mohammed Shahid Jamal Shaikh … PLAINTIFF Versus Suresh Rambhau Dunge … DEFENDANTS APPEARANCES: Mr. Shailesh Pal, Advocate for Plaintiff. None for Defendant. CORAM: V. M. SUNDALE, ADHOC JUDGE COURT ROOM NO.02 DATED: 09th FEBRUARY, 2026 ORDER 01. This is a Notice of Motion taken out by the applicant / original…

    Read Full Order

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