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NOTICE OF MOTION

Shaheda Khatoon w/o. Afaq Hussain ShaikhVsFayaz s/o. Afaq Hussain Shaikh

CNR MHCC01001354202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 08th July 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100526/2020
Registration Date
03 Feb 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: 06-03-2020
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present for Plaintiff.  None present for Defendant.
    It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 25/06/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: As holiday was declared, taken on 27/08/2020.
    Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv Mr. Khan Javed Adkhtar for plff present and submitted that copy of reply is already served on him by defendants advocate.
    The NM reply is not tendered on record till date by the defts.
    None present for deft.
    Matter is adjd. for NM reply by deft to 16.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv Mr. Javed Akhtar Khan for plff present and submitted that plff does not want to rely on the documents which are ordered to be given to the deft as per the roznama dt. 05.02.2020.
    Adv Mr. Altaf Khan for deft present and seeks time to file reply to NM No.526/2020. Advocate for plff objected to it by submitting that already more than sufficient time i.e. for one year has been granted for filing reply hence, any further time should not be granted. Having gone through roznama dt.05.02.2020,  I found substance in the argument of ld. Advocate for deft that direction was given to the adv for the plff to serve copies of documents on the advocate for the defts. Advocate for the plff has made a statement today that plff are not intending to rely on the documents which are ordered to be given in roznama dt.  05.02.2020. In view of making of said statement today, time till next date is granted to deft to give reply to NM No. 526/2020 as a last chance.
    Matter is adjd. for filing reply to NM to 09.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 16-02-2021
    Business: Adv Mr. Javed Akhtar Khan for plff present and submitted that plff does not want to rely on the documents which are ordered to be given to the deft as per the roznama dt. 05.02.2020.
    Adv Mr. Altaf Khan for deft present and seeks time to file reply to NM No.526/2020. Advocate for plff objected to it by submitting that already more than sufficient time i.e. for one year has been granted for filing reply hence, any further time should not be granted. Having gone through roznama dt.05.02.2020,  I found substance in the argument of ld. Advocate for deft that direction was given to the adv for the plff to serve copies of documents on the advocate for the defts. Advocate for the plff has made a statement today that plff are not intending to rely on the documents which are ordered to be given in roznama dt.  05.02.2020. In view of making of said statement today, time till next date is granted to deft to give reply to NM No. 526/2020 as a last chance.
    Matter sia dajd. for filing reply to NM to 09.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 16-02-2021
    Business: Adv Mr. Javed Akhtar Khan for plff present and submitted that plff does not want to rely on the documents which are ordered to be given to the deft as per the roznama dt. 05.02.2020.
    Adv Mr. Altaf Khan for deft present and seeks time to file reply to NM No.526/2020. Advocate for plff objected to it by submitting that already more than sufficient time i.e. for one year has been granted for filing reply hence, any further time should not be granted. Having gone through roznama dt.05.02.2020,  I found substance in the argument of ld. Advocate for deft that direction was given to the adv for the plff to serve copies of documents on the advocate for the defts. Advocate for the plff has made a statement today that plff are not intending to rely on the documents which are ordered to be given in roznama dt.  05.02.2020. In view of making of said statement today, time till next date is granted to deft to give reply to NM No. 526/2020 as a last chance.
    Matter sia dajd. for filing reply to NM to 09.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv Mr. Khan Javed Akhtar for plff present and filed rejoinder in NM No.4854/2019. Copy served on the advocate for deft Nos.1 and 2 today.
    Adv Ms. Altaf Khan for deft Nos.1 and 2 present and filed reply to NM No.526/2020.
    Heard arguments of both the sides in NM No.526/2020 and 4854/2019.
    For want of time matter is adjd. for order to NM No.526/2020 and 4854/2019 to 17.03.2021.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Advocate for plff present.
    Deft present with Adv Ms. Khan.
    Stenographer is on leave, alternate stenographer is not provided by the office, hence matter is adjd. for order in NM Nos. 4854/2019 and 526/2020 to  24.03.2021.
    Judge
    L.O.
    Adv .Mr. Amit Jaiswal h/f Adv Mr. Khan Javed Akhtar for plff present.
    Already adjd.to 24.03.2021.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Court is on leave.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Adv Jaiswal h/f Adv. Khan Javed for plff present.
    None present for defendant.
    Court is busy in other matters, hence, for want of time this matter is adjourned for NM order  to 15.04.2021.
    Judge
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 15-04-2021
    
    Date: 06-04-2021
    Business: Adv Jaiswal h/f Adv. Khan Javed for plff present.
    None present for defendant.
    Court is busy in other matters, hence, for want of time this matter is adjourned for NM order  to 15.04.2021.
    Judge
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 15-04-2021
    
    Date: 06-04-2021
    Business: CORAM H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09)
    Adv Jaiswal h/f Adv. Khan Javed for plff present.
    None present for defendant.
    Court is busy in other matters, hence, for want of time this matter is adjourned for NM order  to 15.04.2021.
    Judge
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 02-07-2021
    
    Date: 15-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 02-07-2021
    
    Date: 15-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: None present for both the parties.
    By hearing the arguments of both the parties in NM No.4854/2019 and NM No.526/2020 on 09.03.2021, matter was adjourned to 17.03.2021 for passing order in the said NM however, stenographer was on leave on 17.03.2021 due to which, order could not be passed on that day hence, matter was adjourned for order to 06.04.2021 on which date, Court was busy in other matters hence, for want of time, matter was adjourned to 15.04.2021 for order.  On 15.04.2021, matter could not be taken up as 15.04.2021 and 16.04.2021 were declared as holidays. Entry in roznama shows that adv. for the plff had appeared on 19.04.2021 and requested for longer date. The concerned staff member present on duty on that date had adjourned the matter accordingly to 02.07.2021.
    Both parties are not present today. NM No.4854/2019 and 526/2020 are already argued by both parties. Stenographer is not on duty today hence, it is not possible to pass order.
    Matter be kept for order in NM No.4854/2019 and 526/2020 to 08.07.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: None present for both the parties.
    FRSR following common order is passed in NM No.4854-2019 and 526-2020.
    ORDER
          Notice of Motion No.4854 of 2019 and Notice of Motion No.526 of 2020 are dismissed.
    	Costs in the main cause.
    -----
    Matter adjourned for filing draft issues to 23.08.2021.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-07-2021
    
    Date: 08-07-2021
    Business: None present for both the parties.
    FRSR following common order is passed in NM No.4854-2019 and 526-2020.
    ORDER
          Notice of Motion No.4854 of 2019 and Notice of Motion No.526 of 2020 are dismissed.
    	Costs in the main cause.
    -----
    Matter adjourned for filing draft issues to 23.08.2021.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-07-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101515/2020
    Filing Date: 03-02-2020
    First Hearing Date: 05th February 2020
    Decision Date: 08th July 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Jul 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 4854-19 and NM 526-20 in SU 3051-19 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.4854 OF 2019 (CNR No.MHCC01-013247-2019) AND NOTICE OF MOTION NO.526 OF 2020 (CNR No.MHCC01-001354-2020) IN SUIT NO.3051 OF 2019. (CNR No.MHCC01-011822-2019) Shaheda Khatoon w/o Afaq Hussain Shaikh }...PLAINTIFF. Versus 1.Fayaz S/o. Afaq Hussain Shaikh } 2.Zeba Fayaz Hussain Shaikh }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Khan Javed Akhtar, learned advocate for the plaintiff. Shri.Altaf Khan, learned advocate for…

    Read Full Order

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