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NOTICE OF MOTION

M/s. Elite Constructions +2 moreVsFazal Mehmood Mohd. Ansari +3 more

CNR MHCC0100187420198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 20th August 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100727/2019
Registration Date
20 Feb 2019

Advocates

2

Parties

7

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 26-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: As the court is busy in other matters on board. Hence, board is discharged.
Earlier ad interim order be continued till next date.
Matter is adjd. to 24.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Hardik Desai for pff present.
Adv. Sneha Prabu for Defendant 10 and 11 present.
Adv. Suryawashi for Defendant no. 8 and 9 present.
Earlier order to continue till next date.
Adjd. to 26.08.2019 for  Reply by the defts./ proof of service of writ of summons to the Defendant no. 1 to 7.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv. Giriraj for the Plaintiff present.
Adv. Pushpa Thapa h/f Sneha Prabhu for MHADA Defendant no. 10 and 11 present.
Application tendered by the Plaintiff for withdrawal of the suit against Defendant nos. 3, 6 and 7. t.o.r Defendant no. 7 expired on 11.03.2019. Hence, suit is abated against Defendant no. 7. In view of prayer in this application, suit is hereby disposed of against Defendant nos. 3 and 6, as the plffs have withdrawal the suit.
Suit to proceed against Defendant nos. 1, 2, 4, 5 and 8 to 11
Earlier ad interim order be continued till next date.
Matter is adjd. to 23.10.2019 for passing no reply order against Defendant nos. 1, 2, 4, 5 and 8 to 11/ proof of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Court is busy in hearing urgent matter. Hence board is discharted.
Earlier Ad-interim order, if any be continued till next date.
Matter adjd for reply to 13.12.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. Panchal for Plaintiff is present. She seeks time for tendering affidavit of service. O granted.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for service  to 24/01/2020
Next Purpose: SERVICE
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None present for Plaintiff
Adv. Sneha Prabhu for defendant no.10 and 11 is present. She seeks time for N/M reply. O granted.
Matter is adjd.  for N/M reply by defendant no. 10 and 11 to 11/03/2020.
LO At 03.00 PM
Earlier Ad-interim order, if any be continued till next date.
Adv. Veer Kankaria for plaintiff is present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. Ms. Panchal for the plaintiff.
Adv. Chandramore for the defendants No.8 and 9.
Defendants No.10 and 11 have failed to file reply to NM. Hence, NM to proceed without reply against defendants No.10 and 11.
Matter is adjd. to 12/04/2021 for filing proof of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None for plaintiff.
Adv. Chandramore for MCGM/defendant.
Matter adjourned proof of service to 29.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv Mr.Maj H/f Adv Mr.P.D.Gandhy present for the plaintiff.
Adv Chandramore present for the defendant no.8 and 9
Exh.6  Service affidavit filed by plaintiff.
None appears for defendant nos. 10 and 11.
None present for the defendant nos.1,2,4,5.
Matter is adjd. to 21.01.2022 for filing of WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
None present for plaintiff.
None present for defendant.
Matter adjd for necessary order to 29/3/22.
Next Purpose: ORDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present  for plaintiff.
None present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for nm reply/order to 20/06/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 21/07/22
Next Purpose: DISMISSAL
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: As presiding officer is on leave. Hence matter is adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None present for plaintiff.
None present for defendants.
From the record it appears that, plaintiffs and their Adv. are absent since long and did not take steps to proceed further with the Notice of Motion No. 1290/18 & 727/19 and therefore matter is kept for dismissal order of Notice of Motion. Today also plaintiffs and their advocate are absent. From the above conduct of the plaintiffs, it appears that plaintiffs are not interested to proceed further with the Notice of Motion no. 727/19 & 1290/18. Therefore, it will be appropriate to dismiss the Notice of Motion no. 727/19 & Notice of Motion no. 1290/18 as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, Notice of Motion no. 727/19 & Notice of Motion no. 1290/18 are dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure.
Nature Of Disposal: DISMISSED
Disposal Date: 20-08-2022

Additional Case Details

Additional Case Details
Filing Number: 102049/2019
Filing Date: 20-02-2019
First Hearing Date: 26th March 2019
Decision Date: 20th August 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
20 Aug 2022

Order Details: Notice of Motion Pdf Text: IN THE COURT OF Shri. K. P. Kshirsagar COURT 08 ADDL SESSIONS JUDGE Case No.: NOTICE OF MOTION / 100727 / 2019 CNR Number: MHCC010018742019 1.M/s. Elite Constructions 2.Abdulrehaman Ismail Balwa 3.Yaseen Ismail Balwa Vs 1.Fazal Mehmood Mohd. Ansari 2.Jakir Ansari Peer Mohd. 3.Mohd.Karim 4.Mohd.Ayub Abdul Gafaar P. D. Gandhy and Associates Advocate / P. D. Gandhy And Associates Advocate Todays Date Roznama Next/Disposal Date 20-08-2022 None present for plaintiff. None present for…

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