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NOTICE OF MOTION

Mrs. Neelam Javed KhanVsJaved Hidayatullah Khan +2 more

CNR MHCC0100513220199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 21st January 2020

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101810/2019
Registration Date
21 May 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Petitioner

  1. 1Mrs. Neelam Javed Khan

Respondent

  1. 1Javed Hidayatullah Khan
  2. 2Hidaytullah Wasisullah Khan
  3. 3Zakiya Hidaytullah Khan

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 11-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: None present for Plaintiff.
Defendant no. 1 present.
Adv. Ms. Patole for defendant no. 1 present.
As court is busy in dictating judgment in SU no. 6631/84. Hence, adjourned.
Case is adjourned to 24.9.2019 for
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: None present for Plaintiff.
Advocate Ms. Patole for Defendant no.1 present and pointed out that Notice of Motion no.1810/19 is pending and its reply is not filed by Plaintiff since last one year.  Roznama shows that on 12/04/2019 copy of draft NM was served upon Plaintiff\\\''s advocate, as such, it becomes clear that for about last 9 months Plaintiff has not filed affidavit in reply for resiting NM.  As such, NM proceeded uncontested.  Admittedly, delay of 2 years and 5 months is caused in filing Written Statement by Defendant no.1. As Plaintiff has not resisted Notice of Motion No.1810/2019, I find that the Notice of Motion can be made absolute subject to cost of Rs.2500/- to be paid by Defendant no.1 for Free Legal Aid.
Case is adjourned to 26/02/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2020

Additional Case Details

Additional Case Details
Filing Number: 105297/2019
Filing Date: 21-05-2019
First Hearing Date: 11th June 2019
Decision Date: 21st January 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
21 Jan 2020
Order Details: Notice of Motion
Pdf Text: None present for Plaintiff. Advocate Ms. Patole for Defendant no.1 present and pointed out that
Notice of Motion no.1810/19 is pending and its reply is not filed by Plaintiff since last one year.
Roznama shows that on 12/04/2019 copy of draft NM was served upon Plaintiff&amp#039s
advocate, as such, it becomes clear that for about last 9 months Plaintiff has not filed affidavit in
reply for resiting NM. As such, NM proceeded uncontested. Admittedly, delay of 2 years and 5
months is caused in filing Written Statement by Defendant no.1. As Plaintiff has not resisted Notice
of Motion No.1810/2019, I find that the Notice of Motion can be made absolute subject to cost of
Rs.2500/- to be paid by Defendant no.1 for Free Legal Aid. Case is adjourned to 26/02/2020 for
Compliance.
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