NOTICE OF MOTION
Mr. Mohammed Hyder Abdul Mohid ShaikhVsShri. Meera Baksh So. Late Hafiz Abdul Sattar +1 more
CNR MHCC0100239520203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 18th July 2025
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 100898/2020
- Registration Date
- 26 Feb 2020
Advocates
2For Petitioner
For Respondent
Parties
3Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 15-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NOTICE OF MOTION Next Hearing Date: 22-04-2020 Date: 22-04-2020 Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned. Next Purpose: NOTICE OF MOTION Next Hearing Date: 02-06-2020 Date: 02-06-2020 Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned. Next Purpose: NOTICE OF MOTION Next Hearing Date: 19-06-2020 Date: 19-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NOTICE OF MOTION Next Hearing Date: 05-09-2020 Date: 05-09-2020 Reason For Adjournment: National Lock Down Next Purpose: NOTICE OF MOTION Next Hearing Date: 10-11-2020 Date: 10-11-2020 Reason For Adjournment: National Lock Down Next Purpose: NOTICE OF MOTION Next Hearing Date: 08-01-2021 Date: 08-01-2021 Business: None for Plaintiff. Advocate M.I.Ali for defendant no.2 present. The case is adjourned to 09.02.2021 for service. Next Purpose: SERVICE Next Hearing Date: 09-02-2021 Date: 09-02-2021 Business: None present. The case is adjourned to 22.03.2021 for service. Next Purpose: SERVICE Next Hearing Date: 22-03-2021 Date: 22-03-2021 Business: None present. The case is adjourned to 30.04.2021 for service. Next Purpose: SERVICE Next Hearing Date: 30-04-2021 Date: 30-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 22-07-2021 Date: 22-07-2021 Business: Court is vacant Next Purpose: SERVICE Next Hearing Date: 18-09-2021 Date: 18-09-2021 Business: Matter called out at 1.35 p.m. Adv. for plaintiff present. Adv. Samina Ramdul for defendant no. 2 present. Plaintiff seeking time to file reply to NM . O – Time granted. Matter stands adjourned to 22.10.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-10-2021 Date: 22-10-2021 Business: Matter called out at 3.52 p.m. Adv. R. K. Yadav for plaintiff present. Advocate M. I. Ali of Deft. No.1 present. He is seeking time to tender register NM No.898/20. Time granted. Matter stands adjourned to 10.12.2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-12-2021 Date: 10-12-2021 Business: Matter called out at 4.10 p.m. None present. Matter stands adjourned to 22.02.2022 for reply. Later on at 4.58 p.m. Plaintiff in person present. He tendered application for obtaining the order for substituted service to serve the Deft. no.1 with writ of summons through paper publication. TOR. Exh.7 O-Allowed. Adv. Samina Sattar for Defendant present. Already adjourned to 22.02.2022. Next Purpose: REPLY Next Hearing Date: 22-02-2022 Date: 22-02-2022 Business: Matter called out at 3.18 p.m. None present. Matter stands adjourned to 26.04.2022 for reply. Next Purpose: REPLY Next Hearing Date: 26-04-2022 Date: 26-04-2022 Business: None present. Matter stands adjourned to 11.07.2022 for NM reply. Next Purpose: REPLY Next Hearing Date: 11-07-2022 Date: 11-07-2022 Business: None present. Matter stands adjourned to 06.09.2022 for reply. Later on at 4.05 p.m. Adv. Mohd. Iftekar for Deft. no.1 present. Already adjourned to 06.09.2022. Next Purpose: REPLY Next Hearing Date: 06-09-2022 Date: 06-09-2022 Business: Adv. Mohammed Iftikhar Ali for Deft. no.1 present. He is directed to tender reg. NM No.898/2020 on record. None present for plaintiff. Matter stands adjourned to 15.11.2022 for reply. Next Purpose: REPLY Next Hearing Date: 15-11-2022 Date: 06-09-2022 Business: Adv. Mohammed Iftikhar Ali for Deft. no.1 present. He is directed to tender reg. NM No.898/2020 on record. None present for plaintiff. Matter stands adjourned to 15.11.2022 for reply. Next Purpose: REPLY Next Hearing Date: 15-11-2022 Date: 15-11-2022 Business: Adv. R. K. Yadav for plaintiff present. Adv. Mohd. Iftekar Ali for Deft. no.1 present. Plaintiff has filed application at Exh.07 for substitute service against Deft. no.2 through paper publication but the nomenclature of plaint shows that the address of defendants shows unknown which is contrary to the provisions of Order 7 Rule 1 of CPC. Hence, plaintiff to satisfy as to how the application and suit is tenable against Deft. no.2. Matter stands adjourned to 07.01.2023 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 07-01-2023 Date: 07-01-2023 Business: Court is on Leave. Next Purpose: FOR TAKING STEPS Next Hearing Date: 23-02-2023 Date: 23-02-2023 Business: None present. Matter stands adjourned on 27.04.2023 for steps. Later on at 4.08p.m Adv. Imran Ansari for defendant present. Matter already adjourned on 27.04.2023 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 27-04-2023 Date: 27-04-2023 Business: Adv. R. K. Yadav for plaintiff present. K.B. Later on at 2.53 p.m. Adv. Imran Ansari for defendant No.1 present. Matter stands adjourned on 27.07.2023 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 27-07-2023 Date: 27-07-2023 Business: As P.O. is on leave, matter is adjourned. Next Purpose: FOR TAKING STEPS Next Hearing Date: 11-10-2023 Date: 11-10-2023 Business: Court is on Leave. Next Purpose: FOR TAKING STEPS Next Hearing Date: 19-12-2023 Date: 19-12-2023 Business: None present for Plaintiff. Advocate Mohd. Iftikar present for Defendant no.1 and tendered registered NM No. 898/2020. Taken On Record. Matter stands adjourned on 12-02-2024 for reply of plaintiff. Next Purpose: REPLY Next Hearing Date: 12-02-2024 Date: 12-02-2024 Business: None for Plaintiff present. Advocate Mohd. Ifitikhar Ali for defendant no. 1 present. Last chance is granted to plaintiff to file reply on NM. Matter stands adjourned on 27-03-2024 for NM reply. Next Purpose: REPLY Next Hearing Date: 27-03-2024 Date: 27-03-2024 Business: P. O. is on leave. Next Purpose: REPLY Next Hearing Date: 13-06-2024 Date: 13-06-2024 Business: P. O. is on leave. Next Purpose: REPLY Next Hearing Date: 16-08-2024 Date: 16-08-2024 Business: P.O. is on Leave. Next Purpose: REPLY Next Hearing Date: 16-10-2024 Date: 16-10-2024 Business: None for Plaintiff present. None for defendant present. Latter on. Adv. M. I. Ali for defendant no.1 present. Matter stands adjourned on 21-12-2024 for reply. Next Purpose: REPLY Next Hearing Date: 21-12-2024 Date: 21-12-2024 Business: P. O. is on leave. Next Purpose: REPLY Next Hearing Date: 03-03-2025 Date: 03-03-2025 Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03) None for Plaintiff present. None for defendant present. Matter stands adjourned on 29-04-2025 for reply. Next Purpose: REPLY Next Hearing Date: 29-04-2025 Date: 29-04-2025 Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03) None for Plaintiff present. None for defendant present. Matter stands adjourned on 18-07-2025 for reply. Next Purpose: REPLY Next Hearing Date: 18-07-2025 Date: 18-07-2025 Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) None for Plaintiff present. Advocate Sanam Sharma for defendant No.1 present and submits that the plaintiff failed to file reply to Notice of Motion. Hence, considering her submission plaintiffs right to file reply is hereby forfeited. Considering delay to file Written Statement and fact that the plaintiff could not served defendant No.2, Notice of Motion No. 898/20 is allowed in terms of prayer. Accordingly Written Statement is taken on record and marked at Exh.8. Defendant No. 1 to 5 file affidavit in support of Written Statement on next date. The plaintiff also failed to comply order dtd. 15.11.2022 hence, suit stands dismissed against defendant No.2. The plaintiff has not described suit property in terms of Order 7 Rule 3 of CPC or and filed documents like property card, share certificate, photo pass or equivalent documents in terms of Para 8, Chapter 2 of Civil Manual in respect of suit property. Hence plaintiff to produce such documents on next date. Matter stands adjourned to 23-12-2025 for compliance. Nature Of Disposal: ALLOWED Disposal Date: 18-07-2025
Additional Case Details
Additional Case Details
Filing Number: 102633/2020 Filing Date: 26-02-2020 First Hearing Date: 15th April 2020 Decision Date: 18th July 2025 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
1Final Order 118 Jul 2025
18 Jul 2025
Order Details: Notice of Motion Pdf Text: 1 C.R. No.03 18.07.2025 Sr. No. 64 SU 336/16 NM 898/20 Exh.8. CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) None for Plaintiff present. Advocate Sanam Sharma for defendant No.1 present and submits that the plaintiff failed to file reply to Notice of Motion. Hence, considering her submission plaintiff’s right to file reply is hereby forfeited. Considering delay to file Written Statement and fact that the plaintiff could not served defendant No.2, Notice of Motion No. 898/20 is allowed in terms of prayer. Accordingly Written Statement is taken on record and marked at Exh.8. Defendant No. 1 to 5 file affidavit in support of Written Statement on next date. The plaintiff also failed to comply order dtd. 15.11.2022 hence, suit stands dismissed against defendant No.2. The plaintiff has not described suit property in terms of Order 7 Rule 3 of CPC or and filed documents like property card, share certificate, photo pass or equivalent documents in terms of Para 8, Chapter 2 of Civil Manual in respect of suit property. Hence plaintiff to produce such documents on next date. Matter stands adjourned to 23-12-2025 for compliance. Judge -- 1 of 1 --
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