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NOTICE OF MOTION

Mohd. Ayub sayyad KhanVsMCGM

CNR MHCC01000971201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 21st April 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100370/2019
Registration Date
25 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 31-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Court is busy in hearing final argument in suit no.6630/06 and court has to record evidence in suit no.9166/99 and Judgment in suit no.7320/88, hence case is adjourned to 04/05/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: None for Plaintiff.
    Advocate Ms.Hajare for defendant/MCGM present.
    Draft issues not filed.
    The Case is adjd. To 16.08.2019  for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present.
    The case is adjourned to 04.11.2019  for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: None for plaintiff.
    Advocate Giri for defendant/MCGM present.
    The case is adjourned to 19.12.2019 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: None for plaintiff
    Matter is adjd. to 05.03.2020 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Court is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Due to Ganpati Holiday matter adjd.to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: Due to Covid-19, as per officer order no. 78/2021 dated 09.04.2021, on Monday 12.04.2021 declared as holiday, hence, matter is adjourned to 12.06.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: Due to Covid-19, matter is adjourned to next date.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: Due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Adv. Mr. J.S. Yadav for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    KB LO 4.37 pm.
    Adv. for the defendant orally requested for time to file C/S reply and NM reply.
    Earlier order, if any, to continue till the next date.
    Adjourned for C/S reply and NM/reply to 05/02/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and endorsed say on C/S No. 1557/2021.
    Earlier order, if any, to continue till the next date.
    Adjourned for C/S hearing/NM reply to 09.03.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Mr. Ravindra Singh for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Heard both the sides on Ch/s No. 1557/2021.
    Earlier order, if any, to continue till the next date.
    Adjourned for Ch/s Order/NM reply and WS to 30.03.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Mr. J.S. Yadav for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on Ch/s No. 1557/21:
                                         ORDER
    (i).	Chamber Summons No.1557/2021 is made absolute in terms
              of prayer Clause (a).
    (ii). 	The plaintiff is directed to carry out the necessary
              amendment in the body of the 	plaint, positively within two
              weeks from the passing of this Order.
    (iii)	Costs to follow the event.
    (iv).	Chamber Summons No. 1557/2021, accordingly, stands
              disposed off.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance/NM hearing to 22.04.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Matter pertains to C.R.No.11.
    Adv. Ravindra Singh for plaintiff present.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for compliance to 04.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Adv. Ms. Sunita Dueby for the plaintiff is present and orally requested for time to comply. The record shows that the plaintiff has not tendered registered NM on the record. Hence, the matter is posted for NM dismissal and compliance of Ch/s Order. In default, the suit would stand dismissed.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM dismissal/compliance to 03.09.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Holiday declared due to Ganpati Festival
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv. Sunita Dubey for the plaintiff is present and orally requested for time to argue on NM. Sufficient time is already granted. Hence, this request is discarded.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM dismissal to 21.12.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present and orally requested for time to tender registered NM. Time is granted till next date.
    Adv. Mrs. J.V. Mhatre for the defendant/MCGM is present.
    Adjourned for NM dismissal to 20.02.2023.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present and requested for time to carry out the amendment as per Ch/s No. 1557/2021. He is informed that the matter is pending for NM dismissal.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Adjourned for NM dismissal to 21.04.2023.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: The plaintiff is present in person. He submitted that he does not want to proceed with the matter and therefore, it may be disposed of.
    Adv. Mr. J.S.Yadav for the plaintiff is present.
    Adv. Mr. Giri for defendant/MCGM is present.
    The advocate for plaintiff filed the application for withdrawal of suit. TOR. It is marked at Exh.4. O-Other side to say. Say filed. Heard. The matter is kept in second session.
    L.O. at 3.15 P.M.
    Adv. Sunita Dubey for plaintiff is present.
    Adv. Mr. Giri for defendant/MCGM is present.
    Order Below Exhibit 4 :
         Perused the application and say. As the plaintiff does not want to proceed with the suit, he is permitted to withdraw this suit. The suitable Order follows below Exhibit 1.
    Order Below Exhibit 1 :
         In view of the Order passed below the application (Exhibit 4), the suit is disposed of as withdrawn unconditionally. The pending applications, including NM Nos. 370/2019 and 2741/2021, are also filed. The parties to the suit to bear their own costs of the suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 21-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101101/2019
    Filing Date: 25-01-2019
    First Hearing Date: 31st January 2019
    Decision Date: 21st April 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Apr 2023

    Order Details: Other Pdf Text: 21.04.2023 Sr. No. 79 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 153/19 NM 370/19 NM 2741/21 Exh.4 The plaintiff is present in person. He submitted that he does not want to proceed with the matter and therefore, it may be disposed of. Adv. Mr. J.S.Yadav for the plaintiff is present. Adv. Mr. Giri for defendant/MCGM is present. The advocate for plaintiff filed the application for withdrawal of suit. TOR. It is marked at Exh.4.…

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