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NOTICE OF MOTION

Mohammed Ismail Idris Shaikh Suit St.No. 2053 of 2019VsMCGM

CNR MHCC0100268520194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd June 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101036/2019
Registration Date
08 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: 08-03-2019
    Business: Plff present and his Adv. absent.
    Adv. Mrs. Vyavhare for MCGM/deft present.
    Adjd to 23/4/2019 for N/M reply.
    LO at 3.30 p.m.
    Adv. Ms. Seeta Yadav for Plff present and tendered registered N/M No.1036/19.  t.o.r.
    Earlier order, if any, to continue till next date.
    Already adjd to 23/4/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: (In-charge Court of C.R.No.8)
    Adv. Ms. Seeta Yadav for Plaintiff present.
    Adv. Vyavhare for Defendant/MCGM present.
    Earlier order to continue till next date.
    Adjd. to 27/06/2019 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Malashetty h/f Adv. Altaf Khan for plaintiff present.
    Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
    On oral request of ld adv for def., adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 21.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: None for plaintiff.
    Adv. Mrs. D.D. Patil for Deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted.
    Plaintiff is directed to register the suit on or before next date
    Adjd to 31-01-2020   for N/M Reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: None for plaintiff.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Matter adjd to 20.03.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: a
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Business: Adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: None for plaintiff.
    Adv. Ms. Smita Chavan h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.1036/19. Time is granted till next date.
    Plaintiff is directed to register the Suit till next date.
    Matter adjd to 17/03/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Pooja Mishra for plaintiff present.
    Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to register the Suit till next date.
    Matter adjd to 14/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to Covid-19, matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv Yash Mishra for plaintiff present.
    None for defendant / MCGM (M/West Ward).
    Plaintiff is directed to register the Suit till next date.
    Adjd. To 04/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv Yash Mishra for plaintiff present and requests for time to file discharge application. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to register the Suit till next date.
    Adjd. To 26/11/2021 for filing discharge application by plaintiff / NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Matter is adjd to 12/01/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd. to 13/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to register the  Suit till next date.
    Adjd. To 24/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
    Plaintiff is directed to register the Suit till next date.
    Adjd. to 14/09/2022 for N/M reply/ compliance by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 12/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present  and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 13/02/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: As Court is busy in dictating orders in ad-interim relief and Ch/S order, board is discharged.
    Adjd. to 05/04/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant / BMC is present and requested for time to file NM reply. Time is granted till next date.
    Adjd. to 24/07/2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: None for plaintiff
    Adv. Mr. Suryavanshi for defendant/B.M.C. present and requests time to file reply to N/M.
    Adjd to 10/1/2024 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  22.03.2024   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Court is on leave, hence matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  08.07.2024 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: None for Plff.
    None for defendant/BMC.
    Adjd  to 12/08/2024  for NM reply and service of Writ of Summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: None present for plaintiff
    Advocate  Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance
    Adjd  to  20.09.2024   for NM Reply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: P. O. is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    As Court is busy in ad-interim hearing in Su No. 6298/24, 6522/2024, 6525/24 and 6526/2024 and su No 5672/2024, Board is discharged. hence matter adjourned
    Adjd  to   13.12.2024  for NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate  Sujata Puri   for defendant/BMC present and seeks time to file reply to NM. Time is granted as  a last chance.
    Adjd  to  10.02.2025  for NM Reply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply.
    Adjourned for NM hearing (No reply)to 07.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2025
    
    Date: 07-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. She submitted that the structure is already demolished and project for road widening is also complete. She filed pursis, with letter dtd.04.03.2025 and photographs. Taken on record. It is marked as Exhibit 6. O- Filed. In view of this record, the plaintiff is directed to file affidavit as regards status of the structure. In default, the suit/NM would stand dismissed.
    Adjourned for filing affidavit of structure/dismissal to 23.06.2025
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    The matter was fixed for NM hearing as well as for filing affidavit of structure at the instant of the plaintiff. However, he opts to remain absent. No positive steps have been taken to proceed with the suit or NM. Ld. Adv for defendant/MCGM had already tendered pursis cum letter below Exhibit 6. Thereby pointing out that the structure is already demolished and project for road widening is also completed. If that being situation, I believe, the plaintiff might not be interested to proceed with the NM hearing. Even he has not tendered his affidavit as regards showing status of the structure, despite being directed for the same.  Today there is no application tendered on record seeking adjournment. It seems, the plaintiff has lost his interest in proceeding with the NM. Therefore the NM No. 1036/2019 is dismissed for default. It is disposed of accordingly. The suit be fixed for Compliance by plaintiff as regards pursis below Exhibit 6 is concern for filing affidavit of structure.
    Adjourned compliance/dismissal to 18.07.2025.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 23-06-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102877/2019
    Filing Date: 08-03-2019
    First Hearing Date: 08th March 2019
    Decision Date: 23rd June 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Jun 2025

    Order Details: Other Pdf Text: 3 Dt:23.06.2025 SU 3265/19 NM 1036/2019 CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. The matter was fixed for NM hearing as well as for filing affidavit of structure at the instant of the plaintiff. However, he opts to remain absent. No positive steps have been taken to proceed with the suit or NM. Ld. Adv for defendant/MCGM had already tendered…

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