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NOTICE OF MOTION

Abdul Mukit Hifzur RahmanVsMusaddiq Merchant +2 more

CNR MHCC0100027420191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th August 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100111/2019
Registration Date
08 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Abdul Mukit Hifzur Rahman

    Respondent

    1. 1Musaddiq Merchant
    2. 2Murtuza Sakarwala
    3. 3Yusuf Taherali Nalwala

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-01-2019
Business: Adv. for plff. present and has tendered registered N/M No.111/19 alongwith supporting affd.
D/3 in person present.
Rest of the defts are absent.
On request of Adv. for plff. Matter is adjd. to. 27.02.2019 for report of service of D/1 and 2 and reply to N/M.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Adv. Rajanish Dubey for plff. present.
defts. and their adv. absent.
Plff. to file report of service of writ of summons and N/M on the defts.
On request of Adv. for plff. Matter is adjd. to. 05.04.2019 for report of service of D/1 to 3 and reply to N/M No.111/19.
Next Purpose: SERVICE
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
Both parties are absent, Matter is adjd. to. 27.06.2019 for report of service of D/1 to 3 and reply to N/M No.111/19.
Next Purpose: SERVICE
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv. Shukla for plff present.
Adv. for deft absent.
Court is busy in other judicial work and administrative work.
Matter is adjd. to. 08/08/2019  for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: As court is vacant, hence board is discharged.
Next Purpose: REPLY
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Both the parties and their advocates are absent.
Last chance is granted for service upon defendants and reply to N/M No. 111/19 to 07.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Both the parties and their advocates are absent.
Last chance is already granted for service upon deft no.1 and 2. Hence adjd for dismissal order for want of steps to 18.01.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Next Purpose: SERVICE
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: SERVICE
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None present.
Plaintiff to take steps to serve deft. no.1.
The matter is adjd for service to 25.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv. Rajnish Dubey for plaintiff present.
None for deft.
Plaintiff to take steps to serve deft. no.1.
Writ of summons extended for deft. no.1.
The matter is adjd for service to 22.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Due to Covid-19, matter is adourned
Next Purpose: SERVICE
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Adv. Fatima Shaikh for defendant present.
She has filed V/P t.o.r marked as Exh.3.
She  has also filed a pursis t.o.r marked as Exh.4.
Considering the nature of the pursis,  I am of the opinion that the matter can very well settled if it is referred to the E-Lok Adalat/online lok adalat scheduled to be held on 01.08.2021.
Parties and advocate to provide the email ids and mobile number for completing the formalities of E-lok adalat.
Concerned staff to provide the details to the Lok Adalat department in excel sheet the detailed information.
Matter be kept before E-lok adalat on 01.08.2021 for pre-counselling session on 31.07.2021.
Next Purpose: FOR___________________
Next Hearing Date: 01-08-2021

Date: 01-08-2021
Business: Matter pertaining to C.R.No.1.
 This matter is referred to be E lok adalat/online lok adalat with the assistance of Sama platform.  The Panel head and the panel members through online mode are present.  On behalf of the Sama platform Shri Dattaram Bile is present and he has co ordinated with the concern parties and advocates on their provided mobile phones.  Upon co ordinated them he has inform us through the online board that the parties are presently travelling and are not ready to settle the present dispute. Hence the matter is not settled and matter referred back to Court and it be kept on 17/8/2021 before regular Court.
Next Purpose: FOR___________________
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None present for plaintiff.
Adv.Rahul Tiwari for defendants is present.
Order below NM No.111/19
Perused the notice of motion which is supported by an affidavit plaintiff Abdul Mukit Hifzur Rehman. Today the Adv.for all the defendants by making endorsement on notice of motion has given no objection for allowing the notice of motion. Even pursis Exh.4 is filed on record. So considering the submissions that the prayer of plaintiff may be granted, no purpose would be served in keeping this notice of motion pending. Hence, I pass the following order.
                                           ORDER
Notice of Motion No. 111/19 is allowed and made absolute in terms of prayer clause (a) and (b).
Notice of Motion is disposed of accordingly.
Matter adjd for directions on 11.11.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 17-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100329/2019
Filing Date: 08-01-2019
First Hearing Date: 17th January 2019
Decision Date: 17th August 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Aug 2021
    Order Details: Notice of Motion
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100111/2019
Abdul Mukit Hifzur Rahman Vs Musaddiq Merchant
Date : 17-08-2021
Business : None present for plaintiff. Adv.Rahul Tiwari for
defendants is present. Order below NM No.111/19
Perused the notice of motion which is supported by
an affidavit plaintiff Abdul Mukit Hifzur Rehman.
Today the Adv.for all the defendants by making
endorsement on notice of motion has given no
objection for allowing the notice of motion. Even
pursis Exh.4 is filed on record. So considering the
submissions that the prayer of plaintiff may be
granted, no purpose would be served in keeping this
notice of motion pending. Hence, I pass the
following order. ORDER Notice of Motion No.
111/19 is allowed and made absolute in terms of
prayer clause (a) and (b). Notice of Motion is
disposed of accordingly. Matter adjd for directions
on 11.11.2021.
Nature of Disposal : ALLOWED
Disposal Date : 17082021
COURT 01 ADDL SESSIONS JUDGE
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