NOTICE OF MOTION
Smt. Fatima Abdul Rahman MullaVsB.E.S.T. and Anr.
CNR MHCC0100092620208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 04th September 2024
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100388/2020
- Registration Date
- 24 Jan 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 17-02-2020
Business: Adv. Shrivastav for plaintiff is present. He tendered Original registered N/M No.388/2020 along with affidavit in support . t.o.r.
Matter is adjd. for N/M service/reply to 16/04/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Ms .Narvekar for the plaintiff.
Adv. Yasmin Sarang for the defendant no.1.
Affidavit of service of notice filed by advocate for the plaintiff in NM.
Matter is adjd. 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.
Adv.Yasmin Sarang defendant.
Last chance is granted to the plaintiff for service of summons.
Matter is adjd. to 27.04.2021 for service of summons/ reply.
Next Purpose: REPLY
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Neha Pandey for plaintiff present.
Adv. Yasim Sarang for defendant present.
Advocate for the defendant seeks time for filing reply to NM.
Matter is adjd. to 12/11/2021 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: court is onleave
Next Purpose: REPLY
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: REPLY
Next Hearing Date: 18-03-2022
Date: 18-03-2022
Business: Adjourned due to Holiday
Next Purpose: REPLY
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Neha pandey present for plaintiff.
Adv. Yasmin sarang present for defendant 01 and sought adjournment for filling reply.
None present for deff. no. 02.
Matter adjourned for nm reply to 01/04/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Karan chaoudhari present for plaintiff.
Adv. Yasmin sarang present for defendant 01
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Yasmin sarang tendered reply cum WS of defendant no. 01 t.o.r marked as exh. 06
copy served to the adv. For plff.
None present for defendant no. 02.
Matter adjourned for service/ proof of service of def. no. 02 to 17/06/22.
Next Purpose: SERVICE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Karan chaudhari present for plaintiff and sought adjournment.
Adv. Yasmin sarang present for defendant 01.
None present for other defendant 02.
Matter adjourned for service/proof of service to defendant no. 02 to 14/07/22.
Next Purpose: SERVICE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: None present for plaintiff.
None present for defendant.
Kb
l.o. at 02.47 pm.
Adv. Ravindra singh present for the plaintiff and sought adjournment.
Adv. Yasmin sarang present for the defendant no. 01.
None present for other defendant no. 02.
Matter adjourned for proof of service to defendant no. 02 to 22/08/22.
Next Purpose: SERVICE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Matter is adjd to 28.09.2022.
Next Purpose: SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Narvekar present for plaintiff and tendered affidavit of service of nm. t.o.r..
She also tendered affidavit in rejoinder to nm no. 388/2020.
Adv. Yasmin sarang present for defendant 01.
None present for other defendant 02.
Matter adjourned for nm reply to 20/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Sana khan present for plaintiff and sought adjournment for taking necessary steps.
None present for defendants.
Matter adjourned for service to defendant no. 02/proof of service to 06/12/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Adv Neha Pandey present for plaintiff.
Adv Yasmeen Sarang present for defendant and sought adjournment.
None present for defendant no. 02.
Matter adjourned for NM reply/proof of service to defendant no. 02 to 25.01.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Narvekar present for plaintiff and sought adjournment for service to defendant no. 02.
None present for defendant no. 01.
Matter adjourned for proof of service and nm reply to 28/02/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Narvekar present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for proof of service to defendant no. 02 to 12/06/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: As court is on leave. Board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: None present for plaintiff.
None present for defendants.
Matter adjourned for Steps to serve on defendant no. 02 to 12.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: None present for plaintiff.
None present for defendants.
Matter adjourned for Steps to serve on defendant no. 02 to 21.12.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Adv. Devki Shahu present for plaintiff.
Adv. Yasmin Sarang present for defendant No.1/B.E.S.T.
Matter adjourned for Steps to serve on defendant no. 02 to 16.02.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: None present for plaintiff.
Adv. Yasmin Sarang present for defendant No.1/B.E.S.T.
Matter adjourned for Steps to serve on defendant no. 02 to 18.04.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Adv. Vikas Mishra h/f. Adv. A.M. Saraogi present for plaintiff.
Adv. Yasmin Sarang present for defendant No.1/B.E.S.T.
Matter adjourned for Steps to serve on defendant no. 02 to 04.05.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: None present for plaintiff.
Adv. Yasmin Sarang present for defendant No.1/B.E.S.T.
Matter adjourned for Steps to serve on defendant no. 02 to 23.07.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: None present for plaintiff.
Adv. Pradnya Lade present for defendant No.1/B.E.S.T.
Plaintiff failed to serve defendant no.2 inspite of repeatade opportunities. Hence, Matter adjourned for Dismissal order against defendant no. 02 to 04.09.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: None present for plaintiff.
Adv. P.S. Bankar i/b. M.V. Kini present for defendant No.1/B.E.S.T.
Record shows matter is pending for serving summons to defendant No.2 since October-2022. Plaintiff was warned that, suit shall be dismissed against defendant No.2 if plaintiff fails to take steps to serve to defendant No.2. In-spite of such warning plaintiff did not take steps to serve defendant No.2. Today also plaintiff is absent till 03.10 p.m. Hence, it appears he is not interested in proceeding against defendant No.2. Therefore this suit is dismissed against defendant No.2.
Notice of Motion No.388/2020 is pending since long but plaintiff is absent. It shows plaintiff is not interested in proceeding with this notice of motion. Hence, Notice of Motion No.388/2020 is rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 04-09-2024Additional Case Details
Additional Case Details
Filing Number: 100880/2020 Filing Date: 24-01-2020 First Hearing Date: 17th February 2020 Decision Date: 04th September 2024 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
1Final Order 104 Sept 2024
04 Sept 2024
Order Details: Notice of Motion Pdf Text: Date 04.09.2024 17 Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai. (C.R.08) Suit No. 3252/2019 NM 388/2020 None present for plaintiff. Adv. P.S. Bankar i/b. M.V. Kini present for defendant No.1/B.E.S.T. Record shows matter is pending for serving summons to defendant No.2 since October-2022. Plaintiff was warned that, suit shall be dismissed against defendant No.2 if plaintiff fails to take steps to serve to defendant No.2. In-spite of such warning plaintiff did not take steps to serve defendant No.2. Today also plaintiff is absent till 03.10 p.m. Hence, it appears he is not interested in proceeding against defendant No.2. Therefore this suit is dismissed against defendant No.2. Notice of Motion No.388/2020 is pending since long but plaintiff is absent. It shows plaintiff is not interested in proceeding with this notice of motion. Hence, Notice of Motion No.388/2020 is rejected. Matter adjourned for Draft Issues to 21.10.2024. Judge -- 1 of 1 --
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