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NOTICE OF MOTION

Mohammed Yaqoob Imtiyaz Ahmed ShaikhVsMr. Akhlaque Ahmed Mohammad Saeed Shaikh And Anr

CNR MHCC01003311201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 25th July 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101278/2019
Registration Date
25 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: 26-04-2019
    Business: Advocate Mr. Pareira for Plaintiff present and filed registered Notice of Motion no.1278/2019 with affidavit in support, t.o.r.
    Advocate Mr. Bhansal for Defendant no.1 present and sought time to file NM reply.  Considering submissions adjourned.
    Advocate Mr. Dubey for Defendant no.2 present and filed affidavit of reply of Defendant no.2 to NM No.1278/19.  Copy of said reply is served upon Plaintiffs advocate.
    Case is adjourned by consent to 27/06/2019 for reply of Defendant no.1 to NM no.1278/19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 11/10/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Court is busy in hearing final arguments in suit no.8472/86 (first session) and in afternoon session, court is relieved for attending mediation conference at Nashik to be held on 12/10/2019, hence adjourned to 11/12/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Advocate Mr. Pareira for Plaintiff present and filed rejoinder to NM, t.o.r. Copy be served upon Defendant no.1 and 2.
    Advocate Mr. Bansal for Defendant no.1 present
    Advocate Mr. Dubey for Defendant no.2 present and filed additional reply to NM no.1278/19, t.o.r.
    Case is adjourned to 21/02/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Advocate V. E. Pareira for Defendant present and filed reply to NM no.1278/19, t.o.r
    Advocate Rohan Bansal for Defendant no.1 present
    Advocate N. K. Dubey for Defendant no.2 present
    Court is busy in hearing urgent matters and court has to dictate Judgment in suit no.3677/11, hence case is adjourned to 15/06/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 27-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: None present for plff.
    None present for deft No.1
    Adv Mr.Ansari h/f Adv Mr. Dubey for deft No.2 present.
    As nobody present for plff, considering present pandemic condition, matter is adjd. for NM hearing to 23.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv Mr. Pareira for plff present and seeks adjournment.
    Adv Ms. Dimpal Vora for deft No.1 present.
    Adv Mr. N.K. Dubey for deft No.2 present.
    By consent, matter is adjd. for NM hearing to 11.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 11-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: None present for plff.
    Adv Mr. Saraf for deft No.1 present.
    As nobody present for plff, N.M.NO.1278/2019 be kept for dismissal order.
    Matter is adjd. for NM dismissal order to 11.10.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Mr. Pareira  present for plff. and requested to remove the matter from NM dismissal caption.
    Adv Mr. Saraf present for deft No.1.
    Adv Mr. Dubey present for deft No.2.
    Advocates for defts though objected, since adv. for the plff is present today, matter be removed from NM dismissal caption and it be kept for argument on next date.
    Matter is adjd. for argument to 09.12.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Plff present and requested to keep back the matter.
    None present for deft No.1.
    Adv Mr. Dubey present for deft.No.2.
    Matter cannot be kept back as court has to take up other matters.
    Matter is adjd. for NM hearing to 20.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 20-01-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv Mr. Pareira for plff present.
    CA of Deft No.1 present in person and requested to keep back the matter. Court has take up other matters hence, matter cannot be kept back.
    Adv Mr. Dubey for deft No.2 present.
    Matter is adjd. for NM hearing to 22.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Plaintiff present.
    Adv.Samiksha Gopale for deft.No.1 present.
    Adv.V.T.Dubey for deft.No.2 present.
    Matter adjd to 16.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 21-07-2022
    Business: Plaintiff present.
    Adv.Samiksha Gopale for deft.No.1 present.
    Adv.V.T.Dubey for deft.No.2 present.
    Matter adjd to 16.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Plaintiff and deft.No.2 present.
    Adv.V.E.Pereira for plaintiff present.
    Adv.Saraf for defendant No.1 present.
    Matter adjd to 07.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 16-09-2022
    Business: Plaintiff and deft.No.2 present.
    Adv.V.E.Pereira for plaintiff present.
    Adv.Saraf for defendant No.1 present.
    Matter adjd to 07.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: PO is on leave, hence, adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Adv.V.E. Pereira for plaintiff present.
    Adv.B.G. Saraf for defendant No.1 present.
    Adv.V.T. Dubey for defendant No.2 present.
    Adv.for defendant No.1 wants to file additional affidavit. The plaintiff also make submission that he also wants to file additional affidavit in motion, hence, adjourned to 25.04.2023 for filing additional affidavit.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 15-03-2023
    Business: Adv.V.E. Pereira for plaintiff present.
    Adv.B.G. Saraf for defendant No.1 present.
    Adv.V.T. Dubey for defendant No.2 present.
    Adv.for defendant No.1 wants to file additional affidavit. The plaintiff also make submission that he also wants to file additional affidavit in motion, hence, adjourned to 25.04.2023 for filing additional affidavit.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv. V. E. Pereira for plaintiff present.
    ADv. Saraf for defendant No.1 present. He tendered additional affidavit in reply in NM No.1278/2019. TOR. Exh.07. Copy served upon plaintiff and defendant No.2.
    Adv. V. T. Dubey for Defendant No.2 present.
    Matter adjd to 14.07.2023 for NM rejoinder/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2023
    
    Date: 25-04-2023
    Business: Adv. V. E. Pereira for plaintiff present.
    ADv. Saraf for defendant No.1 present. He tendered additional affidavit in reply in NM No.1278/2019. TOR. Exh.07. Copy served upon plaintiff and defendant No.2.
    Adv. V. T. Dubey for Defendant No.2 present.
    Matter adjd to 14.07.2023 for NM rejoinder/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Adv. Pereira for plaintiff present.
    Adv. Samiksha Gopale for defendant no. 1 present.
    Adv. Dubey for defendant no. 2 present.
    With consent of both sides matter is adjourned to 18-08-2023
    Matter is adjd.to 18-08-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv. V. Parera for plaintiff present.
    Adv. Samiksha Gopale for defendant no. 1 present.
    Adv. V. T. Dubey  for defendant no. 2 present.
    The Ld. Counsel for  the parties would make submission the parties are intending to arrive at an amicable settlement of the dispute between them and the seek time for the same.
    Matter is adjd.to 11-10-2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 11-10-2023
    
    Date: 18-08-2023
    Next Purpose: SETTLEMENT
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None for plaintiff.
    Adv. Dubey a/w defendant no. 2  present.
    None for defendant no. 1
    Since it is informed that the matter is likely to be amicably settle between the parties , the matter stand adjourned for amicable settlement.
    Matter is adjd.to 09-11-2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-11-2023
    
    Date: 11-10-2023
    Business: None for plaintiff.
    Adv. Dubey a/w defendant no. 2  present.
    None for defendant no. 1
    Since it is informed that the matter is likely to be amicably settle between the parties , the matter stand adjourned for amicable settlement.
    Matter is adjd.to 09-11-2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Adv. V. E. Preira for plaintiff present.
    Adv. Vijaya Raniprasad for defendant present.
    By consent, matter is adjourned to 18-12-2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Plaintiff present.
    Adv. Gopale for defendant no. 1 present.
    Adv. Fawaz for defendant no. 2  present.
    Matter is adjourned to  17-01-2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: Adv. Parera for plaintiff present.
    Adv. Samiksha Gopale for defendant no. 1 present.
    Defendant no. 2 in person present.
    Matter is adjourned to 22-02-2024 for settlement
    Next Purpose: SETTLEMENT
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Adv. V. E. Pereira for plaintiff present.
    Adv. Vijaya Rani Prasad for defendant no. 2 present.
    Matter is adjourned to   18-04-2024 for Settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Court is on leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-05-2024
    
    Date: 18-04-2024
    Business: Court is on leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Adv. V. E. Pereira for plaintiff present.
    Adv. Shailesh Dubey h/f. Adv. B. G. Shraf for deft. no.1 present.
    Adv. Pawan i/b. Adv. V. T. Dubey for defendant no. 2 present.
    From the perusal of the record, it appears that  since last several dates the matter is adjourned for settlement between the parties but no amicable settlement has been arrived at so far. Hence, matter is adjourned for steps by plaintiff.
    Matter is adjourned to 16-07-2024 for steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-08-2024
    
    Date: 16-07-2024
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Adv.V.E.Pareira along with plaintiff present.
    Adv.Shailesh Dubey for defendant No.1 present.
    CA of defendant No.2 is present.
    Matter is adjourned to  09.10.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-10-2024
    
    Date: 22-08-2024
    Business: Adv.V.E.Pareira along with plaintiff present.
    Adv.Shailesh Dubey for defendant No.1 present.
    CA of defendant No.2 is present.
    Matter is adjourned to  09.10.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv. V. E.Pereira a/w plaintiff present.
    Adv.N.K.Dubey for defendant No.1 and 2 present.
    Matter is adjourned to 28.11.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-11-2024
    
    Date: 09-10-2024
    Business: Adv. V. E.Pereira a/w plaintiff present.
    Adv.N.K.Dubey for defendant No.1 and 2 present.
    Matter is adjourned to 28.11.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: Presiding Officer is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-12-2024
    
    Date: 28-11-2024
    Business: Presiding Officer is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-12-2024
    
    Date: 02-12-2024
    Business: Adv. V. E. Pareira for plaintiff present and filed draft chamber summons alongwith affidavit in support. It is taken on record.
    O- Leave to register CS is granted.
    Defendant no.2 in person present.
    Matter is adjourned to 06.01.2025 for affidavit of service and hearing in NM No. 1278/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-01-2025
    
    Date: 02-12-2024
    Business: Adv. V. E. Pareira for plaintiff present and filed draft chamber summons alongwith affidavit in support. It is taken on record.
    O- Leave to register CS is granted.
    Defendant no.2 in person present.
    Matter is adjourned to 06.01.2025 for affidavit of service and hearing in NM No. 1278/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-01-2025
    
    Date: 06-01-2025
    Business: Adv. Parera for plaintiff present.
    Adv. N.K. Dubey for defendant no. 2  present and tendered CS No. 2827/2024.
    Matter is adjourned for 20.02.2025 to reply on CS.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-02-2025
    
    Date: 06-01-2025
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: Adv. Parriera a/w plaintiff present.
    Adv. Saraf for defendant no.1 present.
    Adv. Vijayarani Prasad for defendant no.2 present.
    F.R.S.R. following order passed in CS No. 2827/2024 -
    Order
                1. Chamber Summons No. 2827 of 2024 is allowed.
                2. Delay is condoned and plaintiffs are granted permission to carry out the amendment so as to enable them to bring LRs of defendant no.1 on record.
                3. Chamber Summons No. 2827 of 2024 is accordingly disposed of.
    Matter is adjourned to 04.03.2025 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: None for plaintiff present.
    Adv. V. T. Dubey for defendant No. 2 present.
    Adv. for the plaintiff directed to supply copy of amended plaint to the defendants and filed copy on record.
    Matter is adjourned to 24.06.2025  for Compliance .
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: Adv V. Parera for plaintiff present and tendered amended plaint copy for the court.
    Adv. Suyash Kalbhor for defendant no.1 present.
    Adv. N. K. Dubey for defendant no. 2 present.
    Matter is adjourned to 17.07.2025 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 17-07-2025
    
    Date: 17-07-2025
    Business: Court is on leave
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: Adv. V.E.Pereira for plaintiff present.
    Adv. Siddharth Desai for defendant no.1A to 1 H present and filed Vakalatnama along with POA. It is taken on record and marked as Exh.8.
    Adv. V. T. Dube for defendant no.2 present.
    The plaintiff Mohammaed Yakub Imtiyaz Ahmaed Shaikh and defendant no.1 D Hamid Eklak Shaikh present in the court. The defendant no.2 Abdul Latif Abdul Majid Khan present. The plaintiff and Defendant No. 1 D and Defendant no.2 have admitted the contents of the consent terms and their signatures on the consent terms. It is taken on record and marked as Exh. 9 The parties have prayed to dispose of the suit in the consent terms. Accordingly the suit is disposed of in consent terms. The decree be drawn up accordingly as per the consent terms. As the main suit is disposed of, the Notice of Motion 1278/2019 is also disposed of.
    The court fees be refunded as per rules.
    No order as to costs. The suit is disposed.
    Nature Of Disposal: OTHER
    Disposal Date: 25-07-2025
    
    Date: 25-07-2025
    Business: Adv. V.E.Pereira for plaintiff present.
    Adv. Siddharth Desai for defendant no.1A to 1 H present and filed Vakalatnama along with POA. It is taken on record and marked as Exh.8.
    Adv. V. T. Dube for defendant no.2 present.
    The plaintiff Mohammaed Yakub Imtiyaz Ahmaed Shaikh and defendant no.1 D Hamid Eklak Shaikh present in the court. The defendant no.2 Abdul Latif Abdul Majid Khan present. The plaintiff and Defendant No. 1 D and Defendant no.2 have admitted the contents of the consent terms and their signatures on the consent terms. It is taken on record and marked as Exh. 9 The parties have prayed to dispose of the suit in the consent terms. Accordingly the suit is disposed of in consent terms. The decree be drawn up accordingly as per the consent terms. As the main suit is disposed of, the Notice of Motion 1278/2019 is also disposed of.
    The court fees be refunded as per rules.
    No order as to costs. The suit is disposed.
    Nature Of Disposal: OTHER
    Disposal Date: 25-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103601/2019
    Filing Date: 25-03-2019
    First Hearing Date: 26th April 2019
    Decision Date: 25th July 2025
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Jul 2025

    Order Details: Other Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0102922/2018 Mohammed Yaqoob Imtiyaz Ahmed Shaikh Vs Mr. Akhlaque Ahmed Mohammad Saeed Shaikh Date : 25-07-2025 Business : Adv. V.E.Pereira for plaintiff present. Adv. Siddharth Desai for defendant no.1A to 1 H present and filed Vakalatnama along with POA. It is taken on record and marked as Exh.8. Adv. V. T. Dubey for defendant no.2 present. The plaintiff Mohammaed Yakub Imtiyaz Ahmaed Shaikh and…

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