NOTICE OF MOTION
Najma Ali Bahadur - Suit St. No. 5373/2020VsSmt. Rukaiya Khan and Ors.
CNR MHCC01004834202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd February 2025
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 101619/2020
- Registration Date
- 06 Nov 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 9
Case History / Proceedings
Case History
Date: 06-11-2020 Business: Adv. Mr. Pratap Singh for the plff present and he tendered registered original N/M No.1619/2020 alongwith affidavit in support. t.o.r. and also filed list of documents. t.o.r. Adv. Mr. M. A. Dudhane h/f Mona Vyas for deft nos. 1 to 3 present. Copy supplied to the other side. Reply deft no. 4 submitted in person. t.o.r. The Ld advocate for the plff is pressing for urgency. The date is convenient to the Court was suggested to be on 11.11.2020, but the Ld advocate for the plff is submitting that considering the urgency in the matter it be fixed tomorrow, as the Court time is over. Matter is adjd. To 07.11.2020 at 11.30 a.m. for hearing NM. Next Purpose: NM FOR HEARING Next Hearing Date: 07-11-2020 Date: 07-11-2020 Business: Adv. Mr. Pratap Singh for the plaintiff present. Adv. Mr. M. A. Dudhane h/f Mona Vyas for deft nos. 1 to 3 present. Heard arguments of the plff and the defts part heard. Matter is adjd. to 09.11.2020 for further arguments. Next Purpose: NM FOR HEARING Next Hearing Date: 09-11-2020 Date: 09-11-2020 Business: Adv.V.T.Dube for plaintiff. Adv.L.K.Tripathi for defendant no.1. Adv.Chandramore for defendant no.2. The plaintiff is seeking further time to get register the suit. The same request was earlier made on 29.10.2020 and the time was extended. The time is extended and the earlier order is extended as last chance. The defendant Nos.1 and 2 are taking objection to extend the earlier order contending that it has filed reply and is ready for argument on Notice of Motion. It appears that in all, ten suits have been filed. The advocate for the plaintiff submits that five suits were allotted to one Registrar and remaining five to another. The plaintiff has removed the objections in five suits and they are registered. However, in another five suits, objections as to payment of deficit Court fee is taken and the plaintiff will remove that objections immediately. Under such circumstance, the objections taken by M.C.G.M. for extending the earlier order does not appear to be proper, inasmuch as, the Notice of Motion is all then suits can be heard and decided commonly which will save the time of the Court and the arguing lawyers. By consent the matter is adjd. to 24.11.2020 for hearing on N/M. Next Purpose: NM FOR HEARING Next Hearing Date: 24-11-2020 Date: 24-11-2020 Business: Adv. Mr. Pal h/f Pratap Singh for the plff present. Adv. Ms. Mona Vyas for deft-1 to 3 present. Adv. for the defts seeks further time to argue on NM. O-Granted. By consent matter is adjd. to 02.12.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-12-2020 Date: 02-12-2020 Business: Adv.Asit Singh h/f.Adv.Pratap Singh for plaintiff present. Adv.M.H.Ansari a/w. Adv.Mona Vyas for defendant No.1 to 3 present, by consent matter adjd. to 11.01.2021 for NM hearing (P.H.) Next Purpose: NM FOR HEARING Next Hearing Date: 11-01-2021 Date: 11-01-2021 Business: None present. Matter is adjd. to 25.01.2021 for service. Next Purpose: SERVICE Next Hearing Date: 25-01-2021 Date: 25-01-2021 Business: Adv. Mr. Pratap Singh for the plaintiff. The plaintiff seems to have removed office objections. Hence, suit be registered. Matter is adjd. to 08/02/2021 for directions. Next Purpose: DIRECTIONS Next Hearing Date: 08-02-2021 Date: 08-02-2021 Business: Adv. Pratap Singh for the plaintiff. Heard. From the pleadings in the plaint, it is clear that there was no cause of action against defendant No.5. Except for the ad-interim relief in prayer clause (d), the plaintiff has not sought any relief against defendant No.5. Considering the pleadings in the plaint, I am view that defendant No.5 is not a necessary party to the present suit. Hence, the name of the defendant No.5 is deleted under Order I Rule 10(2) of CPC. Consequently, the leave under section 80 (2) cannot be granted to the plaintiff. Matter is adjd. to 15/02/2021 for directions. Next Purpose: DIRECTIONS Next Hearing Date: 15-02-2021 Date: 15-02-2021 Business: Matter not received from Board Department. None present. Matter is adjd. to 22/02/2021. Next Purpose: DIRECTIONS Next Hearing Date: 22-02-2021 Date: 22-02-2021 Business: None for plaintiff. None for defendants. Adjd to 10.06.2021 for direction. Next Purpose: DIRECTIONS Next Hearing Date: 10-06-2021 Date: 10-06-2021 Business: Due to COVID-19 pandemic, matter is adjourned. Next Purpose: DIRECTIONS Next Hearing Date: 24-08-2021 Date: 24-08-2021 Business: Nobody present. Adjd for directions to 29/10/2021 Next Purpose: DIRECTIONS Next Hearing Date: 29-10-2021 Date: 29-10-2021 Business: None present for both parties. Adjd for orders on the basis of roznama dt. 08.02.2021 to 13/12/2021 Next Purpose: ORDER Next Hearing Date: 13-12-2021 Date: 13-12-2021 Business: Court is on leave Next Purpose: ORDER Next Hearing Date: 07-02-2022 Date: 07-02-2022 Business: As per holiday declared on 07.02.2022 vide office order 27 of 2022 matter is adjourned. Next Purpose: ORDER Next Hearing Date: 08-02-2022 Date: 08-02-2022 Business: NOB TOB matter is placed on board dt. 07.02.2022. Holiday declared on 07.02.2022 hence matter is taken on today\''s board. Adv. Pankaj Pandey filed vakalatnama on behalf of applicants. T.O.R. O- Filed Adv. For applicant filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons. None for plaintiff and defendant. Adjd for compliance to 05/03/2022 Next Purpose: COMPLIANCE Next Hearing Date: 05-03-2022 Date: 05-03-2022 Business: At 3.17 pm Adv. Atul Patknaik h/f adv. Pankaj Pandey For applicants present. Adv. For applicant tendered registered chamber summons No. 197/22 along with affidavit in support. T.O.R. Applicant not served copy of chamber summons to plaintiff. Applicant to comply before next date failing which chamber summons will be disposed of. Adjd for compliance to 27/04/2022 Next Purpose: COMPLIANCE Next Hearing Date: 27-04-2022 Date: 27-04-2022 Business: Dt.27/04/2022 Suit 491/21 CS 197/22 NM 1619/20 IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66 Adv. Viraj Singh for plaintiff present. Adv. Mona D. Vyas for defendants No.1 to 3 present. Adv. Pankaj Pandey for applicant present. Adv. For defendant No. 1 to 3 filed an application along with citation. TOR. Matter is adjd for compliance on. 11-07-2022. Next Purpose: COMPLIANCE Next Hearing Date: 11-07-2022 Date: 11-07-2022 Business: Adv. Pratap Singh for plaintiff present received copy of C/S No. 197/22. Adv. Pankaj Pandey for applicant present. None for defendants no. 1 to 4. Matter is adjd.to 08-09-2022 for C/S Reply. Next Purpose: C/S REPLY Next Hearing Date: 08-09-2022 Date: 08-09-2022 Business: Court is on leave. Next Purpose: C/S REPLY Next Hearing Date: 07-11-2022 Date: 07-11-2022 Business: matter is adjourned to Next Purpose: C/S REPLY Next Hearing Date: 12-01-2023 Date: 12-01-2023 Next Purpose: C/S REPLY Next Hearing Date: 15-03-2023 Date: 15-03-2023 Next Purpose: C/S REPLY Next Hearing Date: 23-06-2023 Date: 23-06-2023 Business: P. O. is on leave, matter adjourned to Next Purpose: C/S REPLY Next Hearing Date: 25-08-2023 Date: 25-08-2023 Business: Advocate for plaintiff absent. Advocate for defendant absent. Adv. Seema Pandit for applicant in ch/s no. 197 of 2022. Plaintiff failed to file ch/s reply, though sufficient chances given to him, hence no say order passed against him. Matter adjourned for ch/s hearing to 06/11/2023. Next Purpose: HEARING Next Hearing Date: 06-11-2023 Date: 06-11-2023 Business: None For plaintiff present. None For defendant present. Advocate for applicant in ch/s no. 197 of 2022 absent. Matter adjourned for Ch/s hearing to 29/01/2024. Next Purpose: C/S HEARING Next Hearing Date: 29-01-2024 Date: 29-01-2024 Business: Adv. Seema Pandey for applicant in Chamber Summons present. None for plaintiff present. None for defendants No.1 to 4 present. As the plaintiff and his advocate are not appearing in the matter for last 5 to 6 dates of hearing, matter be kept for dismissal order. Matter stands adjourned on 02.03.2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 02-03-2024 Date: 02-03-2024 Business: Court is on Leave. Next Purpose: DISMISSAL Next Hearing Date: 20-04-2024 Date: 20-04-2024 Business: As court is on leave Next Purpose: DISMISSAL Next Hearing Date: 05-07-2024 Date: 05-07-2024 Business: Adv. Seema Pande for applicant in Chamber Summons present. None for defendant present. Keep Back. Later on. At 5.30 pm. Adv. Luman-Sawant h/f Adv. Pratap singh for plaintiff present. Adv. Seema Pande for applicant in Chamber Summons 197/2022 present. Case is fixed for dismissal order. Matter stands adjourned on 08/07/2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 08-07-2024 Date: 08-07-2024 Business: Due to heavy rain, no staff is available. Hence matter adjourned to same stage. Next Purpose: DISMISSAL Next Hearing Date: 18-07-2024 Date: 18-07-2024 Business: Due to heavy rain there is request from BAR Association not to pass any adverse orders. Adv. Luman-Sawant h/f Adv. Pratap Singh for plaintiff present. None for defendant present. Keep Back. Later on. Adv. Luman-Sawant h/f Adv. Pratap Singh for plaintiff present. None for defendant present. Matter is pending for dismissal order. Matter stands adjourned on 06/08/2024 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 06-08-2024 Date: 06-08-2024 Business: Adv. Pratap Singh for plaintiff present and seeks time for filing reply. Time granted. None for defendant present. Matter adjourned for dismissal order of Chamber Summons. Matter stands adjourned on 21/09/2024 for dismissal order of Chamber Summons. Next Purpose: CS FOR DISMISSAL Next Hearing Date: 21-09-2024 Date: 21-09-2024 Business: Adv Luman Sawant h/f. Pratap Singh for plaintiff present. None for defendant present. Adv Seema Pandey for applicant in Ch/s. Present. she requested for changing caption of dismissal to hearing. Matter stands adjourned on 16/11/2024 for chamber summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 16-11-2024 Date: 16-11-2024 Business: None for plaintiff present. Adv. Seema Pande for applicant in Chamber Summons No.197/2022 present. None for defendant present. Matter adjourned for Notice of Motion hearing. Matter stands adjourned on 13/01/2025 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 13-01-2025 Date: 13-01-2025 Business: None for plaintiff present. None for defendant present. Adv. Seema Pande for applicant in Chamber Summons No.197/2022 present. Plaintiff is absent for hearing on Notice of Motion No.1619/2020. Despite sufficient opportunities plaintiff has not taken any steps for proceeding of Notice of Motion. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion posted for dismissal order. Plaintiff has not filed reply to Chamber Summons. Hence, Chamber Summons is heard without reply of plaintiff. Matter stands adjourned on 03/02/2025 for Notice of Motion dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 03-02-2025 Date: 03-02-2025 Business: Adv. Pratap Singh for plaintiff present. Adv. Yash Pagare for applicant in Chamber Summons No.197/2022 present. None for defendant present. Adv. for plaintiff Not Pressed the Notice of Motion. Hence, Notice of Motion No.1619/2020 is disposed of as withdrawn and for want of prosecution. Proceeding of Notice of Motion No.1619/2020 in Suit No.491/2021 is closed. Parties to take note. Adv. for applicant in Chamber Summons seeks time to serve copy of Chamber Summons. Time granted. Nature Of Disposal: WITHDRAWL Disposal Date: 03-02-2025
Additional Case Details
Additional Case Details
Filing Number: 105502/2020 Filing Date: 06-11-2020 First Hearing Date: 06th November 2020 Decision Date: 03rd February 2025 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
1Final Order 103 Feb 2025
03 Feb 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101619/2020 Najma Ali Bahadur - Suit St. No. 5373/2020 Vs Smt. Rukaiya Khan and Ors. Date : 03-02-2025 Business : Adv. Pratap Singh for plaintiff present. Adv. Yash Pagare for applicant in Chamber Summons No.197/2022 present. None for defendant present. Adv. for plaintiff Not Pressed the Notice of Motion. Hence, Notice of Motion No.1619/2020 is disposed of as withdrawn and for want of prosecution. Proceeding of Notice of Motion No.1619/2020 in Suit No.491/2021 is closed. Parties to take note. Adv. for applicant in Chamber Summons seeks time to serve copy of Chamber Summons. Time granted. Nature of Disposal : WITHDRAWL Disposal Date : 03-02-2025 -- 1 of 1 --
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