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NOTICE OF MOTION

Mr. Ramzan Ali Lais Mohammed Chaudhary and Ors.VsMr. Riyazuddin Rafiuddin Maniyar and Anr.

CNR MHCC01002397202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th September 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100893/2020
Registration Date
26 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Ramzan Ali Lais Mohammed Chaudhary and Ors.

    Respondent

    1. 1Mr. Riyazuddin Rafiuddin Maniyar and Anr.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-02-2020
Business: Adv. Mr. S.K. Dubey for plff., tendered registered NM no. 893/2020 along-with report of Deputy Sheriff that deft no.1 was not available, his brother Masihuddin Maniyar has refused to accept the summons.
Adv. Mrs. Mhatre for deft./MCGM present.
Exh.2- List of documents filed by Deft./MCGM.
Ad-interim order
Heard both side at sufficient length.  Adv. Mr. Dubey for plff. prayed for ad-interim injunction against deft no.1 to restrain from installation of Doors towards sought and west side.
In affidavit vide Exh.2 of Mr. Sunil Kalamkar along-with documents it is mentioned that as per inspection, notice u/s 354 (A) came to be issued on 08.02.2020.  Perused numerous photographs and various reports attached Exh.2.

MCGM has initiated the action, relief claim by plff. is already proceeded by the  MCGM, therefore, no relief at this juncture can be given.  It would be immature order to proceed for ad-interim relief.
Matter is adjd. for NM hearing and reply on
20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 31.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Mukesh Dubey for plaintiff present and requested for short adjournment.
Adv. Mhatre for deft./MCGM present.
Matter is adjourned for N/M hearing to 03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday. Hence, matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
NM 893/20	Adv. Mr. Khandagale for Defendant/BMC present.
	On oral request of Mr. Dubey to verify the status of structure, matter is adjourned for NM Hearing.  He is called upon to verify the status and ready with the matter on the next date so as to avoid further orders.
	Matter adj. to 17/12/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the plaintiff again requested for some time to verify the status of the structure. On the last date, on his similar request, the matter was adjourned. Hence, he is lastly called upon to file the report as regards the status of the structure. In case of failure, the suit would stand dismissed for want of compliance.
Adjourned for status report/dismissal to 11/02/2022.
Next Purpose: REPORT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: PO is on leave.
Next Purpose: REPORT
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: adjd to
Next Purpose: REPORT
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None present for plaintiff.
None present for defendant No.1.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Adjourned for report/dismissal to 30.07.2022.
Next Purpose: REPORT
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 28.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed this Court that the plaintiff is not in contact therefore, the NM may be dismissed.
Order below exhibit No. 01:
      The plaintiffs are absent to proceed with the matter and to file report as regards the status of structure, in view of the Order dtd. 17.12.2021. It is, thus, clear that they are not interested to proceed further with the suit and NM. In the result, NM No. 893/2020 is dismissed in default. The suit is posted for dismissal Order.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 14.11.2022.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102646/2020
Filing Date: 26-02-2020
First Hearing Date: 28th February 2020
Decision Date: 28th September 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Sept 2022
    Order Details: Other
Pdf Text: 28.09.2022
Sr. No. 8
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 870/20
NM 893/20
Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed
this Court that the plaintiff is not in contact therefore, the NM may
be dismissed.
Order below exhibit No. 01:
The plaintiffs are absent to proceed with the matter and to file
report as regards the status of structure, in view of the Order dtd.
17.12.2021. It is, thus, clear that they are not interested to proceed
further with the suit and NM. In the result, NM No. 893/2020 is
dismissed in default. The suit is posted for dismissal Order.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 14.11.2022.
Judge
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