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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

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: 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: 04-09-2024

    Additional 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

    1
    Final Order 1
    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
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