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NOTICE OF MOTION

Mrs. Naseem BanoVsMumtaz Bano and Ors.

CNR MHCC0100081520203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th November 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100353/2020
Registration Date
22 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mrs. Naseem Bano

    Respondent

    1. 1Mumtaz Bano and Ors.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-02-2020
Business: Court is busy in dictating Judgment in suit no. 7353/06. Hence, board is discharged.
Matter stands Adj for hearing on NM to 24.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
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 FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Advocate Satish Yadav for plaintiff present and tendered registered Notice of Motion No. 353/20 along with affidavit in support of Notice of Motion. T.O.R.
He also tendered registered Chamber Summons No.125/20  along with affidavit in support of Chamber Summons. T.O.R.
None for defendant.
The case is adjourned to 06.03.2021 for service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: As the Court is busy in dictating NM orders in SU No. 1391/20,1179/15, hearing in SU No. 1005/18 and Kachha Commercial 23/21 hence afternoon session board is discharged.
The case is adjourned to 22.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Matter called out at 3.55 p.m.
None present.
Matter stands adjourned to 23.12.2021 for NM hearing
                                                                                       Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Matter called out at 3.35 p.m.
None present.
Matter stands adjourned to 14.02.2022 for NM/CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None present.
Matter stands adjourned to 31.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Matter called out at 3.16 p.m.
None present.
Matter stands adjourned to 06.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 03.09.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Holiday declared as per Order No.178/2022 dated 25.08.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Bailiff report received. TOR. Exh.04.
None present for plaintiff.
Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.04, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff presently living at another address and details of new address are not known. As per the provisions of Order VI Rule 14-A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14-A sub-rule(5) clause (a) r/w Section 141 of CPC, the NM and CS deserves to be dismissed in default for not submitting the changed registered address. In the result, NM No.353/2020 and CS No.125/2020 are disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 28-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100957/2020
Filing Date: 22-01-2020
First Hearing Date: 15th February 2020
Decision Date: 28th November 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Nov 2022
    Order Details: Other
Pdf Text: 28.11.2022
Exh.04
CS 125/20
NM 353/20
(SU 2049/17)
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Bailiff report received. TOR. Exh.04.
None present for plaintiff.
Notice of appearance was issued by this court to the plaintiff on registered
address mentioned in the plaint. However, as per report Exh.04, the
plaintiff is not found at the given address. On inquiry, it is informed that
plaintiff presently living at another address and details of new address are
not known. As per the provisions of Order VI Rule 14A(2) of CPC
(Bombay High Court Amendment) every change of address is required to
be intimated to the adverse parties, as well as to the court. However, the
plaintiff failed to submit the new address to the court. Thus, in view of
provisions of Order VI Rule 14A subrule(5) clause (a) r/w Section 141
of CPC, the NM and CS deserves to be dismissed in default for not
submitting the changed registered address. In the result, NM
No.353/2020 and CS No.125/2020 are disposed of accordingly.
Judge
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