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NOTICE OF MOTION

Mohd. Gayasuddin Yunus IdrishiVsMCGM

CNR MHCC0100065420194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th February 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100249/2019
Registration Date
17 Jan 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-02-2019
    Business: Plff present. Adv for plff absent.
    Adv Mrs.Bhoir for BMC/deft. present
    On oral request of ld adv for deft, adjournment granted.
    Adjd to 4/03/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: Adv. Mr. N.K. Dubey for Plff present.
    Adv. Mr. Diwate h/f Adv. Mrs. Bhoir for Deft/MCGM present.
    Adv. for Plff has tendered registered N/M No.249/19 alongwith affidavit.
    Adjd to 24/4/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: None for Plff.
    Adv. Mrs. Bhoir for MCGM/Deft present.
    Adjd to 19/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: None for plaintiff.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of ld adv for def., adjournment granted.
    Adjd to 25.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: None for plaintiff.
    Adv. Ms. Patil h/f. Adv. Mr. Khandagale for MCGM/Defendant present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Adjd. to  17/01/2020 for N/M reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: As Court is on leave today, board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: due to lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft /MCGM present and requests for time to file reply to NM No.249/19. Time is granted till next date.
    Matter adjd to  12/03/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Matter adjd to 11/06/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv Vincent X Dsilva for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
    None for defendant no.2.
    The advocate for plaintiff and defendant  no.1 ready to argue on NM, but defendant no.2 and advocate for defendant no.2 absent today. Defendant no.2 is directed to remain present with advocate and argue the matter on next date, otherwise, matter will be proceed in their absence.
    Adjd. To 27/08/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: HHJ is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Matter is adjd to 18/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: HHJ is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv Vijayarani Prasad  for plaintiff present.
    Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 29/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Adv. Vijayarani h/f Adv. V. T. Dubey for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply. Time is granted till next date.
    Adjd. to 22/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested for time to file reply to NM. Time is granted till next date.
    Adjd. to 14/10/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 28/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: None for plaintiff.
    None for defendant/ BMC.
    Adjd. to 03/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. V. T. Dubey for plaintiff present.
    Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 24/03/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: None present for plaintiff.
    Adv. Suryavanshi for defendant/BMC present and requested time to file reply to NM. Granted.
    Matter adjd for NM reply to 26.06.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Advocate N.T. Dubey for plaintiff present
    Exh. 1  Plaint
    Exh. 2  Vakalatnama
    Exh. 3  Memorandum Registered address
    Exh. 4  List of document
    Advocate Suryavanshi  for defendant/BMC present and tendered reply to Notice of Motion Cum WS and compilation of documents. TOR marked as Exh. 5 and  Exh. 6 respectively. copies are supplied to other side.
    Adjd to 13.09.2023 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Advocate N. K. Dubey for plaintiff present and submitted that on previous date BMC has filed reply and seeks time to argue NM. Hence, matter adjourned
    Advocate Suryavanshi  for defendant/BMC present.
    Adjd  to 11.10.2023  for NM Hearing and hearing on issues
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None present for plaintiff
    Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
    Suit is of year 2018, none present for plaintiff and matter kept for dismissal of NM.
    Adjd  to  21.10.2023    for NM Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: Adv. Mr. Dubey for plaintiff present and seeks time to argue NM.
    Adv. Mrs. Mhatre h/f Suryavanshi for BMC present
    Adjd. to 4/12/2023 N/M hrg/ Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    None present for plaintiff. NM is pending for hearing but on  11..10.2023 matter was kept for dismissal of NM and adjourned to 21.10.2023 on that day Adv for plaintiff sought time for hearing. Matter adjourned for NM hearing/dismissal but today none present for plaintiff. Hence matter adjourned and kept for dismissal of NM.
    Adjd  to 16.12.2023  for dismissal of NM
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: As PO is on training at Uttan, matter is adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: Plaintiff present.
    Advocate Vijayarani for plaintiff present and submitted that Sr. Adv is not feeling well. Hence matter adjourned as a last chance.
    Advocate Suryavanshi for defendant/BMC present.
    Adjd  to 12.02.2024  for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    On previous dated matter was adjourned on request of plaintiff as a last chance but today none present for plaintiff. Hence matter adjourned and kept for dismissal of NM.
    Adjd  to  17.02.2024    for NM Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: None present for plaintiff.
    Advocate Jyoti Mhatre-Patil  for defendant/BMC present.
    Following order is passed on Notice of Motion No. 249/2019
    ORDER
       The suit is of year 2018 and pending for hearing of NM. The roznama shows that since many dates neither plaintiff nor his Advocate remains present. Therefore on 12.01.2024 last chance was granted on request of plaintiff on argument of NM and matter adjourned to 12.02.2024 but none present for plaintiff. Hence suit was adjourned and kept today for dismissal of NM but inspite of that none appreared for the plaintiff. This shows that plaintiff is not interested to proceed with the NM. Hence I pass following order.
    ORDER
    Notice of Motion No. 249/2019  is dismissed for default
    Adjd  to  16.03.2024   for Hearing on issues.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100685/2019
    Filing Date: 17-01-2019
    First Hearing Date: 13th February 2019
    Decision Date: 17th February 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    17 Feb 2024
    Order Details: Other
    Pdf Text: 151 Dt:17.02.2024
    SU 3210/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Jyoti Mhatre-Patil for defendant/BMC present.
    Following order is passed on Notice of Motion No. 249/2019
    ORDER
    The suit is of year 2018 and pending for hearing of NM. The
    roznama shows that since many dates neither plaintiff nor his
    Advocate remains present. Therefore on 12.01.2024 last
    chance was granted on request of plaintiff on argument of
    NM and matter adjourned to 12.02.2024 but none present for
    plaintiff. Hence suit was adjourned and kept today for
    dismissal of NM but inspite of that none appeared for the
    plaintiff. This shows that plaintiff is not interested to proceed
    with the NM. Hence I pass following order.
    ORDER
    Notice of Motion No. 249/2019 is dismissed for default
    Adjd to 16.03.2024 for Hearing on issues.
    Judge
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