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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

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection 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

1
Final Order 1
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
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