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NOTICE OF MOTION

Haqiqulla Khan Azimullah KhanVsMCGM

CNR MHCC0100478520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 20th October 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101739/2019
Registration Date
03 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 21-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Advocate for plaintiff present.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for N/M Hearing/R/E to 16/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: As Court is on Leave.Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Advocate for plaintiff absent.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for N/M Hearing/R/E to 03/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Advocate for plaintiff present.
    Advocate for defendant/BMC present.
    Court busy  in hearing argument matter 352/15, urgent ad-interim hearing matter in suit no. 966/2020 and ad-interim order in suit 149/2021.
    Adjourned for Recording Evidence to 05-03-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Advocate for plaintiff present.
    Advocate  for deft/BMC present.
    Court busy in hearing argument in by precipe matters Suit  No.  695/2021 alongwith group matters.
    Adjourned for R/E to 19/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Due to covid-19 pandamic matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: As court is busy in hearing arguments of NM NO. 3690/2018 in Suit no. 2209/2018, hence remaining board is discharged. hence matter is adjd. to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None Present For Plaintiff.
    Adv. Amol Diwate present for MCGM/defendant.
    As plaintiff and his adv. absent,
    Matter adjourned for RE to. 16/11/21.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None present  for plaintiff.
    Adv.Vidya Vyavahare  @ adv. sutar present  for MCGM/defendant.
    kb.
    l.o. at 03.00 pm.
    adv. yadav for plaintiff present and sought adjournment.
    Matter adjourned for RE to. 09/12/21.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv. absent for plaintiff.
    Adv. vidya @ adv. Sutar present  for MCGM/defendant.
    son of plaintiff present and sought adjournment.
    Matter adjourned for hearing on admissibility of document below list Exh. 10 to. 27/01/22.
    Next Purpose: HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: As court is busy.
    Next Purpose: HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Adv Dubey for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for NM hearing on 11-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: Adv Karan Chaudhri for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    On oral request made by advocate for plaintiff short adjournment is granted.
    Matter is adjd for NM hearing on 03-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv Dubey h/f Adv Shukla for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    NM is not argued by the Plaintiff. The matter is very old. Plaintiff failed to argue the NM though sufficient opportunity given. Hence, NM be posted for dismissal on next date.
    Matter is adjd for NM dismissal on 12-01-2023
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Adv Omkar Sawant for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for NM hearing on 23-02-2023
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: As court is busy in order dictating matters i.e. Suit No. 2096 of 2022 and Stamp No. 759 of 2023 and urgent hearing matter i.e. Suit No 1503 of 2014. Hence want of time board is discharged.
    Matter is adjd on 18-03-2023
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: None for Plaintiff.
    Adv for BMC present.
    Today court is busy in final hearing of High Court Time Bound Matter i.e. Suit No. 2599 of 2015 and Suit No. 2610 of 2009 and Stamp No 4692/2023.
    Matter is adjd for NM hearing on 15-06-2023
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Matter is adjd. to 11.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 03.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to  12.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. Abhishek Shukla h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned as last chance.
    Matter is adjd  to 03.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Vidya Vyavahare for defendant/MCGM present.
    Heard arguments of both sides on NM No. 1739 of 2019.
    Matter is adjd to 20.10.2023 for order on NM No. 1739 of 2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv. Dubey for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    FRSR the following order is passed -
    Order on NM No. 1739 of 2019
    1. The Notice of Motion No.1739 of 2019 is hereby dismissed.
    2. Costs in cause.
    3. The Notice of Motion No. 1739 of 2019 stands disposed off accordingly.
    Matter is adjd  to  30.11.2023 for written statement.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105306/2019
    Filing Date: 03-05-2019
    First Hearing Date: 21st June 2019
    Decision Date: 20th October 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Oct 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.1739 of 2019 CNR:MHCC01-004785-2019 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1739 OF 2019 IN L.C. SUIT NO.2692 OF 2010 Haqikulla Khan Azimullah Khan .. Plaintiff V/s. Municipal Corporation of Greater Bombay .. Defendant Appearance:- Adv. J. S. Yadav h/f Adv. B. P. Shukla for plaintiff. Adv. Vidya Vyavahare for defendant/MCGM. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M. MISHRA CITY CIVIL COURT, GR. BOMBAY (C.R.…

    Read Full Order

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