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NOTICE OF MOTION

Sahebbee Hussain ShaikhVsMMRDA

CNR MHCC0100078320198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 25th November 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100323/2019
Registration Date
22 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MMRDA

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Court  is on leave
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: As court is busy in hearing arguments in other matters on board.
    Matter is adjd. to 18.09.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: None present  for the Plaintiff.
    Adv. Subhedar for deft no.  MMRDA present
    Adv for the deft seeks adjournment for reply to N/M. Granted.
    Matter is adjd. to 21.11.2019 for reply to N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: None present for plaintiff.
    Adv. Subhedar for defendants present, she seeks time for filing reply. O-granted.
    Matter adj for NM reply to 20.01.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Court is busy in  hearing of NM in Suit No. 1467/2019, Suit No. 293/2009  and Suit No. 1064/2008.  Hence board is discharged.
    Matter is adjd. to 24/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 05/03/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: None for plaintiff.
    Adv. Subhedar for the defendant.
    Matter is adjd. to 03/05/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: None for plaintiff.
    Adv. Subhedar for the defendant present.
    Matter is adjd. to 17/11/2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 14.01.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 29.03.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present  for plaintiff.
    Adv. subhedar present for defendant and sought adjournment for filling reply to nm.
    Matter adjourned for nm reply as a last chance to 30/06/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f for Adv. Subhedar for defendant present.
    As defendant failed to file reply to n/m.
    Matter adjourned for no reply order to 30/07/2022.
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    It appears that inspite of just opportunities, defendant failed to file reply to Notice of Motion no. 323/2019. Hence, Notice of Motion no 323/19 be proceeded without reply of defendant.
    Matter adjourned for Notice of Motion hearing to 29.08.2022.
    LO at 03.49 pm
    Adv Subhedar present for defendant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: None present for plaintiff.
    Adv. Subhedar present for defendants/MMRDA.
    As plaintiff and his adv. are absent, Matter adjourned for nm hearing/order to 29/09/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: None present for plaintiff.
    Adv. Subhedar present for defendant/MMRDA.
    None present for other defendant.
    As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 17/10/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: As P.O. is on Half Day leave, Matter adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: None present for plaintiff.
    Adv. Subhedar present for defendant/MMRDA.
    From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the Notice of Motion no. 323/2019 and did not tendered the registered Notice of Motion no. 323/2019 on record. Therefore matter is kept for dismissal order of Notice of Motion no. 323/2019. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the Notice of Motion no. 323/2019. Therefore, it will be appropriate to dismiss the Notice of Motion no. 323/2019 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 323/2019 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
    Plaintiff to produce the original registered  Notice of Motion no. 323/2019 for record on or before next date.
    Nature Of Disposal: DISMISSED
    Disposal Date: 25-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100916/2019
    Filing Date: 22-01-2019
    First Hearing Date: 12th February 2019
    Decision Date: 25th November 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Nov 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100323/2019 Sahebbee Hussain Shaikh Vs MMRDA Date : 25-11-2022 Business : None present for plaintiff. Adv. Subhedar present for defendant/MMRDA. From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the Notice of Motion no. 323/2019 and did not tendered the registered Notice of Motion…

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