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NOTICE OF MOTION

Smt. Rukaya Allahbux ShaikhVsSmt. Roshan Salim Shaikh And Ors

CNR MHCC0100059620192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th December 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100229/2019
Registration Date
17 Jan 2019

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: 08-03-2019
    Business: Hence matter adj. for Compliance  and NM Hearing to 28.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: The court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adv. Kudalkar for plaintiff present and filed original NM no. 229/19 along with affidavit.
    Defendant present.
    Heard Ld. counsel for plaintiff. Perused the order dated 03.12.18 connected suit no. 700/18 is pending in CR. No. 9 as per submissions made before the court and an application for clubbing both suits has been made before the Hon\''ble Principal Judge and order is passed. It is submitted that the defendant has not filed the WS in this suit. Hence, no WS order be passed.
    In view of submissions made before the court, I do not consider it is necessary to pass no WS order today itself. It is a formal order and it can be passed on the next date by the CR No. 9 special court for Senior Citizens.
    Hence, Matter stands Adj for passing no WS order and hearing on NM no. 229/19 to 27.09.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Representative plaintiff present.
    Adv. Rathod for defendant present.
    By consent, Matter stands Adj for NM hearing to 20.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Darshan Jain for plaintiff present.
    Defendant present.
    Adv. Rathod for defendant present.
    By consent, Matter stands Adj for NM hearing to 17.01.20.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Vaibhavi Pawar for plaintiff present.
    None present for defendant.
    Heard Ld. counsel for plaintiff. She submitted that connected suit no 700/18 is pending in court room no. 4 and plaintiff has taken steps for getting one of the matter transferred, so that both the matters can be heard and decided by one court and prayed for time. Time granted.
    Matter stands Adj for compliance to 17.03.2020.
    Later on
    Ganesh Shelake for defendant present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Adv. Vaibhavi Pawar for plaintiff present.
    Adv. Ganesh Shelake for defendant present and filed draft NM along with WS. Leave granted to register draft NM. Copy served on other side.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj for reply to NM on 22.06.2020.
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for reply to 21.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Advocate Jain h/f adv. Kudalkar for plaintiff present.
    None for defendant.
    Defendant has not registered the NM yet.
    The case is adjourned to 26.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: None for Plaintiff.
    Advocate Pradip Patil for defendant present and seeks extension of leave to register NM. Time is granted.
    The case is adjourned to 17.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Declared holiday as per Office Order 81 of 2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 04.35 p.m.
    Adv. Kudalkar for plaintiff present.
    He tendered draft CHS. TOR
    O-leave granted to register.
    He undertakes to serve the copy to the other side.
    Draft CHS handed over to the plaintiff for registration.
    None present for defendant.
    Matter stands adjourned to 29.09.2021 for CHS reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Matter called out at 4.10 p.m.
    Advocate for plaintiff present. He is seeking time. Time granted.
    Matter stands adjourned to 08.12.2021 for CS reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Adv. Darshan Jain h/f Kudalkar for plaintiff present.
    He tendered reg. CS 1210/21. TOR.
    None present for defendant.
    Court is busy in hearing in P.H. 40 year old SU No.7423/80.
    Matter stands adjourned to 24.01.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Court is on leave in second session. Hence, board discharged.
    Next Purpose: REPLY
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Matter called out at 3.32 p.m.
    Adv. Vaibhavi Pawar for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 30.06.2022 for CS reply.
    Next Purpose: REPLY
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: Court is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv. Darshan Jain for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 12.10.2022 for CS reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Adv. Vaibhavi Pawar for plaintiff present.
    Adv. Meena Saroday for Deft. no.1 present. She is seeking time. Time granted.
    Matter stands adjourned to 09.12.2022 for reply/order.
    Next Purpose: REPLY
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
    Defendant in person present.
    Heard the advocate of plaintiff and defendant in person on CS No.1210/2021.
    Plaintiff no.2 died leaving behind no legal heirs, hence, his name requires to be deleted from the array of plaintiffs. Consequently, CS deserves to be allowed. Thus, I pass the following order.
    ORDER
    1.   CS No.1210/2021 is allowed.
    2.   Plaintiff to carry out necessary amendments within a period of 14 days from the date of order.
    3.   Costs in cause.
    4.   CS No.1210/2021 disposed off accordingly.
    Matter stands adjourned to 14.02.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Kudalkar for plaintiff present. He filed an application for  extension of time to carry our amendment. TOR. Exh-03. Time granted. Plaintiff is directed to carry out amendment today itself.
    None for defendant.
    Matter stands adjourned on 17.03.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv. Pathak for plaintiff present.
    Adv. Vishant Rathod for defendant present. He is seeking extension of time to register draft NM. Time granted.
    By consent, matter stands adjourned on 20.06.2023 for NM
    hearing/ reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Adv Pathak h/f Adv Kudalkar a/w Plaintiff present.
    None for defendant present.
    Deft failed to file registered NM.
    Matter stands adjourned on 24-08-2023 for dismissal of NM
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Court is on leave
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv Kudalkar present for Plaintiff.
    None present for Defendant.
    Adv for Plaintiff submits that he wish to move transfer application or steps.
    Matter stands adjourned on 22-12-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-12-2023
    
    Date: 22-12-2023
    Business: Advocate Kudalkar present for Plaintiff.
    None present for Defendant.
    Matter stands adjourned on 05-02-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: Plaintiff is present, her advocate absent.
    Advocate Mahesh Mundavare h/f Advocate Patil for defendant present.
    Matter stands adjourned on 13-03-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Adv. Darshan Jain for Plaintiff present and seeks time to take steps.
    None for defendant present.
    Matter stands adjourned on 26-04-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Adv. Vaibhavi Pawar h/f Adv. Suraj Kudalkar for Plaintiff present and seeking time.
    None for defendant present.
    Matter stands adjourned on 29.06.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: Adv. Darshan Jain h/f Adv. Kudalkar for Plaintiff present.
    Adv. Sahrvil Gavli h/f Adv. Yuvraj Patil for defendant present.
    By consent, matter stands adjourned on 08-08-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: Advocate Kudalkar for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for taking steps on 06.09.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: Advocate Mr. Kudalkar for plaintiff present.
    Defendant present.
    Kept back
    Later on at 12.35 P.M.
    Advocate Mr. Sharvil Gawali h.f. Advocate Y. D. Patil for defendant present.
    Matter is adjourned for NM hearing on 10.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: Both parties and advocate absent.
    The record shows that the matter is pending for taking steps since 20.10.2023. However the parties have not taken any effective steps nor made submission on Notice of motion. However, for the ends of justice one more chance is given to the parties as this matter is recently transferred to this court from Court room no.3. The parties are hereby specifically directed to make submission on NM without fail on next date, otherwise Notice of motion will be dismissed for default.
    Matter is adjourned for Dismissal on 17.12.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Plaintiff no. 3 present.
    Advocate Mr. Kudalkar for plaintiff present and submitted that the NM 229/2019 taken by him be heard alongwith main suit. Hence the Notice of motion no.  229/2019 is disposed of as merged in main suit.
    Advocate Pankaj Kumar Dubey for defendant present and filed Common adjournment application.                         O- Granted as a last chance subject to cost of Rs.2,000/-. Taken on record and marked as Exhibit-4.
          The roznama shows that NM 1814/2023 is pending for dismissal as the defendant has not taken any effective steps for the registration nor tendered the original before this Court. However for the ends of justice one more chance is given to be defendant. The defendant is hereby specifically directed to take necessary steps in respect of NM 1814/2023 otherwise it will be dismissed for default.
    Advocate Mr. Kudalkar filed application for clubbing the  Suit no. 2933/2018 with Suit no. 700/2018. Taken on record and marked as Exhibit-5. O- Other side to say.
    Matter is adjourned for Say of defendant on Exhibit-5 on 15.02.2025.
    Nature Of Disposal: OTHER
    Disposal Date: 17-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100481/2019
    Filing Date: 16-01-2019
    First Hearing Date: 08th March 2019
    Decision Date: 17th December 2024
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Dec 2024

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100229/2019 Smt. Rukaya Allahbux Shaikh Vs Smt. Roshan Salim Shaikh And Ors Date : 17-12-2024 Business : Plaintiff no. 3 present. Advocate Mr. Kudalkar for plaintiff present and submitted that the NM 229/2019 taken by him be heard alongwith main suit. Hence the Notice of motion no. 229/2019 is disposed of as merged in main suit. Advocate Pankaj Kumar…

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