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NOTICE OF MOTION

Mohd. Ismail Abdul Majid AnsariVsMCGM

CNR MHCC01001753201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 21st September 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100654/2019
Registration Date
15 Feb 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-02-2019
    Business: Court is busy in dictating Judgment in suit no.2572/2010 and order on Chamber summons in suit no.3034/2009 as well as court has to dictate order in ST no.1777/09, hence case is adjourned to 20/04/2019.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: As Court is busy in hearing N/M in suit no. 2405/14 and ch/s in suit no. 2487/17 hence, board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 05.07.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: As Court is busy in hearing NM in suit no. 660/19 and Chamber Summons in Suit no. 1650/18. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 27.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: (Incharge Court of C. R. No. 11)
    Adv.N.K. Dubey for Plaintiff present.
    Adv. Mhatre for BMC present.
    Earlier order to continue till next date.
    Matter adjd to 22.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: As court is busy in hearing NM in Suit no. 1306/19 and in hearing ad-interim matters in ST 11516/19, SU 2741/19 and SU No.2722/19. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 04.12.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Mr. Giri for deft./MCGM present, prayed for adjd.
    Earlier order to continue till next date.
    Matter is adjd. for NM reply on 26.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv.Mr. V.T. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd. to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 22.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Due to covid-19 matter adjourned to next date
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. V. T. Dubey for plaintiff present.
    Adv. Mr.Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for N.M. hearing to 20/09/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Court is on leave. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for defendant orally requested for time to file NM reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 16.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Ms. Vijayarani Prasad 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 strictly as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 01.07.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (No reply) to 26.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present. He submitted that in this matter Speaking Order is not passed and therefore with suitable directions to the defendant the matter may be disposed of.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Heard both the sides on NM.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order to 21.09.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Adv. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The following order is passed on NM No. 654/2019:
    ORDER
    1.      Heard both the sides.
    2.      Having considered their submissions, at the outset, it seems that in view of the notice dated 08.01.2019, the plaintiff filed his reply on 14.01.2019 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant did not file reply on this NM to rebut this position. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicate his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. This was the position prevailing even at the time of passing of earlier ad-interim Order dtd. 22.01.2019, which is continued till date. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 14.01.2019 filed by the plaintiff and to pass the Speaking Order afresh, as early as possible, preferably within four weeks from the passing of this Order. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 08.01.2019. In case, the Speaking Order is adverse to the plaintiff, the effect and operation thereof be stayed for the period of one week from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 654/2019 is disposed of as partly allowed.
    Authenticated copy of this roznama be given to both the parties.
    Adjourned for filing affidavit of documents (L.N.) to 23.11.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 21-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101930/2019
    Filing Date: 15-02-2019
    First Hearing Date: 16th February 2019
    Decision Date: 21st September 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Sept 2022

    Order Details: Other Pdf Text: 21.09.2022 Sr. No. 47 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 132/19 NM 654/19 Adv. V.T. Dubey for the plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present. The following order is passed on NM No. 654/2019: ORDER 1. Heard both the sides. 2. Having considered their submissions, at the outset, it seems that in view of the notice dated 08.01.2019, the plaintiff filed his reply on 14.01.2019 and admittedly, as of now,…

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