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NOTICE OF MOTION

Zaibunnisa Asgar Ali Shaikh - Suit St. No.1279 of 2019VsAslam Zulkarnain Ansari

CNR MHCC0100242120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th August 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100908/2019
Registration Date
04 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-03-2019
    Business: Matter adj. for NM Reply to 21.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Wrongly on board.
    Hence, matter already adjd to 24.07.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. J. R. Dube for plaintiff present and filed affidavit of service.
    None present for defendant though served.
    On 31.01.19 statement was made by D-1 before the court that he has no intention to disturb the possession of plaintiff without due process of law and statement was taken on record.
    In view of the above, Matter stands Adj for hearing on 05.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: the court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Dube for plaintiff present.
    None present for defendant.
    Matter stands Adj for hearing to 19.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Adv. Mr. J.R. Dubey for plaintiff present.
    Adv. Ms. Jyoti Rajguru for defendant no.2 present.
    V/P filed by deft no.2.
    Ld counsel for deft no.2, seeks time to file reply, Time is granted.
    Earlier order to continue till next date.
    Matter stands Adj for reply on 09.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. J. R. Dube for plaintiff present.
    Adv. Jyoti Rajguru for defendant no. 1 present and filed affidavit of reply to NM no. 908/19 and WS. Copy of reply and WS served on other side.
    Written statement on behalf of defendant no.1. TOR subject to verification whether it is filed within time.
    Matter stands Adj for hearing on NM to 11.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. G. R. Dube for plaintiff present and submitted that as per bailiff report writ of summons has been served on all the defendants.
    Adv. Jyoti Rajguru for defendant no. 1 present and submitted that she has not received the copy of plaint and writ of summons. The aspect of receipt of copy plaint of writ of summons by the plaintiff is disputed by the both the counsels. It is was suggested the Ld. counsel for plaintiff to supply the additional copy of plaint to the Ld. counsel for defendant no. 1, but it appears that parties  wants to agitated the issue before the court. Hence, the Ld. counsel for defendant no. 1 is directed to seek the presence of defendant no. 1 before the court on next date.
    Matter stands Adj for further hearing regarding compliance of service to 11.06.2020.
    Next Purpose: HEARING
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Next Purpose: HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: None present. The case is adjourned to 24.02.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: None present.
    The case is adjourned to 31.03.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
    The case is adjourned to 16.06.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Matter called out at 3.03 p.m.
    Adv. J. R. Dube for plaintiff present.
    It appears that defendant is not appearing after lockdown, hence, issue notices of appearance to the defendant through bailiff.
    None present for defendant.
    Matter stands adjourned to 20.11.2021 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is on leave. Hence, board is discharged.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: None present.
    Matter stands adjourned to 20.04.2022 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Court is on Leave, Hence board is discharged. Matter adj. to next date.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Jairam Dube for plaintiff present.
    Bailiff report received. TOR. Exh.4.
    Adv. Sarvesh Patil I/b Abhishek Adke for Deft. no.1 present on issuance of notices by this court.
    He is directed to pay Rs.200/- as notice charges to the Sheriff office.
    Plaintiff tendered service affidavit. TOR. Exh.5.
    Matter stands adjourned to 22.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None present for plaintiff.
    Adv. Vibha Joshi for Deft. no.1 present.
    Matter stands adjourned to 09.11.2022 for NM hearing.
    Later on 4.00 p.m.
    Adv. J. R. Dube for plaintiff present.
    Already adjourned to 09.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv. Vibha Joshi for Deft. no.1 present. She is seeking time. Time granted.
    None present for plaintiff.
    Matter stands adjourned to 12.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: None present for plaintiff.
    Adv. Sarvesh Patil I/b Adv. Abhishek Adke for defendant No.1 present.
    Matter stands adjourned on 03.05.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: Adv. J. R. Dubey for plaintiff present. He is seeking time. Time granted.
    Adv. Vibha Joshi I/b Adv. A. Adke for defendant present.
    Matter stands adjourned on 07.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv J.R. Dubey for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20-09-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: P.O. is on leave, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: None present for Plaintiff.
    None present for Defendant.
    Suit is pending for NM hearing since 22.08.2022. Plff failed to argue the notice of motion, hence put for NM dismissal.
    Matter stands adjourned on 31.01.2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: P.O. is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Adv. J. R. Dubey for Plaintiff present.
    None for defendant present.
    Exh.6 Application filed by plaintiff for remove the matter from dismissal caption. Taken On Record. O- allowed.
    Exh.7 Affidavit of service filed by plaintiff. Taken On Record.
    Matter stands adjourned on 20-04-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: I
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Due to paucity of time, matter stands adjourned.
    Matter stands adjourned on 08-05-2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: P. O. is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: P. O. is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: None for Plaintiff.
    None for defendant.
    Matter stands adjourned on 08.07.2024 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: Court is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: Adv. J. R. Dubey for Plaintiff present.
    None for defendant present.
    F.R.S.R following order is passed on Notice of Motion No. 908/2019
    Order
    1. The Notice of Motion No. 908 of 2019 is hereby partly allowed in respect of prayer clause (a) and (b).
    2.  The defendant no. 1 is directed to deposit the document or documents in respect of suit premises to be signed on 24.01.2019 in this Court within two months.
    3.  No order as to costs.
    4.   The Notice of Motion No. 908 of 2019 stands disposed of.
    Matter stands adjourned on 23-10-2024 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102670/2019
    Filing Date: 04-03-2019
    First Hearing Date: 15th March 2019
    Decision Date: 05th August 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Aug 2024
    Order Details: Other
    Pdf Text: 1 C.R. No.03
    05.08.2024
    Sr. No. 36
    SU 692/19
    NM 908/19
    CORAM :- H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. J. R. Dubey for Plaintiff present.
    None for defendant present.
    F.R.S.R following order is passed on Notice of Motion No. 908/2019
    Order
    1. The Notice of Motion No. 908 of 2019 is hereby partly allowed in
    respect of prayer clause (a) and (b).
    2. The defendant no. 1 is directed to deposit the document or
    documents in respect of suit premises to be signed on 24.01.2019 in
    this Court within two months.
    3. No order as to costs.
    4. The Notice of Motion No. 908 of 2019 stands disposed of.
    Matter stands adjourned on 23-10-2024 for compliance.
    Judge
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