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NOTICE OF MOTION

Mr. Maroof Ahmed KhanVsIshtiyak Ahmed Shaikh

CNR MHCC01003954201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 02nd May 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101498/2019
Registration Date
09 Apr 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: 22-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Court is busy in dictating Judgment in suit no.4470/08, hence case is adjourned to 27/11/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Advocate Mr. Jain for Plaintiff present
    Defendant present. His advocate absent.
    Defendant filed reply to NM no.1498/19, t.o.r. Copy served upon Plaintiff\''s advocate.
    Case is adjourned to 19/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present for Plaintiff.
    Adv Mr. R.B. Upadhyay  present and orally undertook to file vakalatnama on behalf of Defendant on next date. He seeks adjournment. As nobody is present for Plaintiff, considering the present pandemic condition, matter is adjd. for Notice of Motion hearing to 08.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv Mr. Darshan Jain h/f Adv Mr. Kudalkar for plff present and tendered registered ch/s  726/2021 along with affidavit in support.
    None present for deft.
    Plff to serve the ch/s on the deft.
    Matter is adjd. for Ch/s reply to 25.06.2021.
    Judge
    L.O.
    Adv Mr.Sontakke h/f Adv Mr. Arvind Upadhyay for deft present.
    Already adjd. to 25.06.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-09-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Adv Mr.Darshan Jain for plff present and seeks time to serve the deft with ch/s.
    Adv Mr. Santoshkumar Dubey for deft present.
    By consent, matter is adjd. for Ch/s reply to 20.10.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv Mr. Darshan Jain present for plff. and seeks time to file affidavit of service of ch/s.
    None present for deft.
    Matter is adjd. for affidavit of service to 13.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv Ms. Apoorva with Adv Mr. Kudalkar plff present and submitted that plff have expired.
    Deft present. Adv Mr. Santoshkumar Dubey present for deft and seeks time to file reply in Ch/s.
    Matter is adjd. for Ch/s reply to 11.02.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None present for plff.
    Adv Mr. Dubey present for deft. and submitted that copy of death certificate is not served on deft till date.
    Copy be served if not already served.
    Matter is adjd. for compliance and hearing to  04.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: None present for plaintiff.
    Adv.Ram Upadhyay for defendant present.
    The pltff intends to file chamber summons.
    Matter adjd to 08.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-09-2022
    
    Date: 04-07-2022
    Business: None present for plaintiff.
    Adv.Ram Upadhyay for defendant present.
    The pltff intends to file chamber summons.
    Matter adjd to 08.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv.Suraj Kudalkar for pltff. present.
    Defendant present.
    As Court is busy in hearing argument in SU 1980/22 in draft NM and dictating judgment in SU 7962/94, hence, adjourned.
    Matter adjd to 11.11.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: Adv.Apoorva Thorve h/f.Adv.Kudalkar for plaintiff present.
    Adv.Santoshkumar Dubey for defendant present.
    Adv. for defendant filed reply in chamber summons No.726/2021 t.o.r. and marked as Exh.3. Copy is already received by the advocate for the plaintiff.
    Matter adj. to 10.12.2022 for hearing of ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: Defendant present.
    Adv.Darshan Jain h/f.Adv.Kudalkar for plaintiff present.
    On oral request of the defendant matter adj. to 23.02.2023 for steps regarding LR\''s of pltff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Adv.Kudalkar for the plaintiff present.
    Adv.Ravindra Singh for defendant present.
    Heard both parties.
    ORDER IN CHAMBER SUMMONS NO.726/2021
    This Chamber summons is taken out by the plaintiff for the amendment in the plaint.  The defendant resisted it by filing reply at Exh.3. Heard learned advocate for the plaintiff and the learned advocate for the defendant.  Due to death of the original plaintiff, the applicants want to implead themselves as legal heirs/plaintiff to the suit.  The original plaintiff has expired on 16.01.2021. Copy of death certificate Exh.A is on record. Considering the nature of dispute, legal heirs of the deceased plaintiff are required to be taken on record. Hence, I pass following order.
    ORDER
    1. Chamber Summons No. 726/2021 is allowed in terms of prayer clause (a) to (d).
    2. The applicants are allowed to carry out amendment as proposed in the schedule attached to the chamber summons.
    3. By amending the plaint, the proposed plaintiff shall serve the copy of amended plaint on the defendant.
    Matter adjd to 12.06.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Pathak a/w Adv. Suraj Kudalkar for plaintiff present and filed vakalatnama t.o.r. marked as Exh.4
    He also filed application for extension time for amendment t.o.r. marked as Exh.5  -  Other side to say.
    O- Considering the contentions made in the application it is allowed as a last chance.
    Court is busy in hearing the argument on NM No. 1410/22 in Su no. 2444/21 and also order passed on NM 943/22 in SU 630/22. Hence, board is discharged.
    Earlier order of interim relief if any to continue till next date.
    Matter is adjd.to  28-07-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Adv- Pathak h/f Adv Kudalakar plaintiff present.
    Adv Ravindra Singh a/w deft. for defendant present.
    Plaintiff tendered copy of amended plaint to defendant.
    Matter is adjd-to   14-09-2023 for NM heairng-
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: Adv. Pathak h/f Adv. Kudalkar for plaintiff present.
    Adv. Ravindra Singh  for defendant.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjd.to 09-11-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: None for plaintiff.
    Adv. Ravindra Singh for defendant present.
    Defendant present.
    Earlier order, if any, to continue till next date.
    Matter is adjourned to 19-01-2024 for NM hearing.
    L.O. at 04.00pm
    Adv. Pathak h/f Adv. Kudlakar for plaintiff present.
    Matter is already adjourned to 19-01-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Plaintiff in person present.
    Adv. Ravindra Singh for defendant a/w defendant present.
    Matter is adjourned to   04-03-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: Adv. Kudalkar for plaintiff present.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 27-03-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: Presiding Officer is on leave.
    Hence, Matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Adv. Vaibhavi Pawar for plaintiff present.
    Adv. Ayesha Qureshi for defendant present.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjourned to 24-06-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: None for plaintiff.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 23-07-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: Adv. Suraj Kudalkar for plaintiff present.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 17.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2024
    
    Date: 02-09-2024
    Business: Adv. Suraj Kudalkar for plaintiff present.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 17.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 28-09-2024 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
    Matter is adjourned to   28-09-2024 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 62
    None present for Plaintiff
    None present for Defendants.
    Matter adjd to 14.11.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Adv. Vaibhavi Pawar for plaintiff present and seeking adjournment in NM No. 1498/2019.
    O-It is granted.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 21.01.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 21-01-2025
    
    Date: 14-11-2024
    Business: Adv. Vaibhavi Pawar for plaintiff present and seeking adjournment in NM No. 1498/2019.
    O-It is granted.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 21.01.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: Adv. Parkhanda Shaikh for plaintiff present and tendered affidavit in rejoinder in NM No.1498/2019. It is taken on record and marked as Exh.6.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 25.02.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: Adv. Sapana  for plaintiff present.
    Adv. Farlanda Shaikh  for defendant.
    Matter is adjourned to 11.04.2025 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2025
    
    Date: 11-04-2025
    Business: None for plaintiff present.
    Adv. Farkhanda Shaikh for defendant present.
    Matter is adjourned to 19.06.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2025
    
    Date: 19-06-2025
    Business: Adv. Uma Jadhav for plaintiff present.
    Adv. Ravindra Singh for defendant present.
    Matter is adjourned to 25.08.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: Adv. Vaibhavi Pawar  for plaintiff present.
    Adv. Ravindra Singh  for defendant present.
    Matter is adjourned to 13.10.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2025
    
    Date: 13-10-2025
    Business: Adv. T. A. Dhotre h/f Adv. Kudalkar  for plaintiff present.
    Adv. Amit Upadhyay  for defendant.
    Matter is adjourned to 22.12.20255 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2025
    
    Date: 22-12-2025
    Business: Adv. Aditya Ragde h/f Adv. Suraj Kudalkar for plaintiff present.
    Adv. Ravindra Singh alongwith defendant present.
    Matter is adjourned to 23.02.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Adv. Aditya Ragde for plaintiff present.
    Defendant in person present.
    Kept Back.
    Later on at 03.30 pm
    Adv. Kudalkar for plaintiff present.
    Adv. Ravindra Singh alongwith defendant present.
    Both the Ld. Advocates seek time to argue notice of motion.
    Matter is adjourned to 23.03.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Adv. Darshan Jain  for plaintiff present.
    Adv. Ravindra Singh for defendant present.
    Kept Back.
    Later on at 04.20 pm
    Adv. Kudalkar for plaintiff present.
    Adv. Sapna Khobragade for defendant present and seeking adjournment on the ground that she has to go through the plaint which is not with her. Adjournment granted as last chance.
    Matter is adjourned to 27.03.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2026
    
    Date: 27-03-2026
    
    Date: 27-03-2026
    
    Date: 09-04-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 11.00 am
    Adv. Kudalkar for plaintiff present and tendered compilation of documents. It is taken on record and marked as Exh.7.
    None for defendant.
    The defendant is at liberty to argue on the point of these arguments.
    Later on at 02.55 pm
    None for plaintiff
    None for defendant.
    Later on at 03.00 pm
    Adv. Kudalkar for plaintiff present.
    Adv. Sapna Khobragade for defendant present.
    Heard advocate for defendant and she stated that she will file document i.e. electricity bill to show that she is in possession of suit shop since 2016.
    Matter is adjourned to 10.04.2026 for production of document.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-04-2026
    
    Date: 10-04-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 03.25 pm
    Adv. Kudalkar for plaintiff present.
    Adv. Sapna Khobragade for defendant present and tendered compilation of documents. It is taken on record and marked as Exh.8.
    Heard advocate for plaintiff and defendant.
    Matter is adjourned to 15.04.2026 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-04-2026
    
    Date: 15-04-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 03.55 pm
    Adv. Aditya Ragde h/f Adv. Suraj Kudalkar for plaintiff present.
    Adv. Raj Gupte for defendant.
    As court is busy in hearing NM 646/2026, NM 2614/2019 and NM 5208/2025. Hence, matter adjourned.
    Matter is adjourned to 02.05.2026 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-05-2026
    
    Date: 02-05-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 01.55 pm
    None for plaintiff.
    None for defendant.
    Order dictated and completed therefore declared and uploaded.
    F.R.S.R. following order is passed in NM No. 1498/2019
    ORDER
    1. Notice of Motion No. 1498 of 2019 is rejected.
    2. Parties to bear their own cost.
    3. Accordingly, Notice of Motion is disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 02-05-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104332/2019
    Filing Date: 09-04-2019
    First Hearing Date: 22nd July 2019
    Decision Date: 02nd May 2026
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 May 2026

    Order Details: Notice of Motion Pdf Text: ..1.. Order in N/M no.1498/19 in S.C.Suit 445/2019 MHCC010039542019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1498 OF 2019 IN S.C.SUIT NO. 445 OF 2019 Mr. Maroof Ahmed Khan ...Plaintiff. Versus Mr. Ishtiyaq Ahmed Shaikh ...Defendant. Appearance: Adv. Shri Kudalkar for the Plaintiff. Adv. Smt. Sapna Khobragade for Defendant CORAM : SMT. S.S.NAGUR JUDGE, (C.R.NO.62) DATE : 02.05.2026 ORAL ORDER (Dictated in open Court) 1. The Notice of Motion…

    Read Full Order

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