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
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection 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
1Final Order 105 Aug 2024
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 -- 1 of 1 --
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