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NOTICE OF MOTION

Shaikh Abdul Hamid Abdul GaniVsShaikh Abdul Gani +1 more

CNR MHCC01005549201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th January 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101999/2019
Registration Date
07 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Advocate Mr. Khan for Plaintiff present and filed vakalatnama of advocate Ms. Saba S. Khan for Plaintiffs, t.o.r.  He also filed affidavit in reply to NM no.284/18, t.o.r.
Advocate Mr. Jafri for Defendant present
Court is busy in hearing NM in suit no.2776/14 and court has to hear urgent matters, hence case is adjourned to 20/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Court is busy in dictating order on NM in suit no.4108/10 as well as court has to hear urgent matters, hence case is adjourned to 03/10/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: PO is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Advocate Ms. S. Khan for Plaintiff present and sought ajdmt. However, court has pointed out that court will hear arguments of Defendants lawyer in respect of NM no.2847/18 and will decide it on merits by giving consideration to the grounds raised in affidavit filed in support of Notice of Motion.
Advocate Mr. Jafri for Defendant present
Heard Defendants advocate in respect of Notice of Motion  no.2847/18.
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion no.2847 of 2018  stands disposed off/dismissed.
It is made clear that, if on next date, Plaintiff will not file reply to NM no.1999/19, court will be compelled to hear Defendants argument about said NM without reply of Plaintiff and court will be compelled to dispose off said merits without reply of Plaintiff.
On request of advocate for Plaintiff, case is adjourned to 12/03/2020 for Plaintiff\''s reply to NM no.1999/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate Ms. Saba Khan @ Plaintiff present and filed registered Notice of Motion no.1054/2020 with affidavit in support, t.o.r.  Copy served upon advocate for Defendant.
Advocate Mr. N. Jafri for Defendant present
Plaintiff\''s advocate sought time for hearing of Notice of Motion no.1999/19.
Case is adjourned to 02/05/2020 for hearing of Notice of Motion no.1999/19 and reply to Notice of Motion no.1054/20.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2020

Date: 22-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020

Date: 10-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Adjd to 07.01.2021 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2021

Date: 09-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Adjd to 07.01.2021 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv. Luman Jafri for defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 25.03.2021 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 63/2021 dtd. 25.03.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to Standard Operating Procedure (SOP) laid down by Hon\''ble Bombay High Court vide letter No. Insp-I/25/2021 dtd. 24.03.2021 read with circular dtd. 23.02.2021 in the wake of sudden surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
Adjd to 21.06.2021 for NM reply.
L.O. at 2.05 p.m. Adv. Noman Jafri for defendant present.
Adjd to 21.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Nobody present. Due to Covid-19 pandemic, adjd. to 01.07.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2021

Date: 21-06-2021
Business: Nobody present. Due to Covid-19 pandemic, adjd. to 01.07.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for arguments to 17.08.2021
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None for plaintiff.
Adv. for defendant No. 1 and 2 present and stated that defendant No. 1 expired and the plaintiff has to take steps to bring legal heirs on record.
Adjd for taking steps to 02/12/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Plaintiff present.
Defendant No. 2 present.
Adv. Archana Jha For plaintiff present.
Adv. Noman Jafri for defendant No. 1 and 2 present.
Exh- Application for withdrawal of suit filed by adv. For plaintiff. O- Other side to say.
Plaintiff is present and stated that he wants to withdraw the suit.
Adv. For plaintiff to argue about the withdrawal of the suit with liberty to file eviction suit.
Adjd for arguments to application for withdrawal to 05/01/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2022

Date: 02-12-2021
Business: Plaintiff present.
Defendant No. 2 present.
Adv. Archana Jha For plaintiff present.
Adv. Noman Jafri for defendant No. 1 and 2 present.
Exh- Application for withdrawal of suit filed by adv. For plaintiff. O- Other side to say.
Plaintiff is present and stated that he wants to withdraw the suit.
Adv. For plaintiff to argue about the withdrawal of the suit with liberty to file eviction suit.
Adjd for arguments to application for withdrawal to 05/01/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: At 2.47 pm
Adv. For plaintiff present.
Plaintiff is present.
Adv. Mooman For defendant present and stated that she wants to file reply to application for withdrawal of suit. Plaintiff to serve the copy of application to defendant.
Adv. For plaintiff sated that they have already served the copy to defendant.
Adjd for reply to application Exh.6 to 24/01/2022
L. O at 3.05 pm
Adv. Noman Jafri for defendant No. 2 present.
Adv. For deft No. 2 filed Reply to application filed by plaintiff. T.O.R.
Adv. For defendant No. 2 stated that the said reply be treated as written arguments.
Defendant to serve the copy of reply to plaintiff.
Next Purpose: REPLY
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: Dt.24/01/2022
Suit  120/15
NM 1054/20
NM 1999/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Archana Jha for plaintiff is present.
None for defendant.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned for reply to 25/04/2022.
LO.
AT 3.06 pm
Adv. Z I. Jafhri for defendant no.2 is present.
Next Purpose: REPLY
Next Hearing Date: 25-04-2022

Date: 24-01-2022
Business: Dt.24/01/2022
Suit  120/15
NM 1054/20
NM 1999/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Archana Jha for plaintiff is present.
None for defendant.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned for reply to 25/04/2022.
LO.
AT 3.06 pm
Adv. Z I. Jafhri for defendant no.2 is present.
Next Purpose: REPLY
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Dt.25/04/2022
Suit 120/15
NM 1999/19
NM 1054/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Plaintiff present.
Adv. Noman Jafri for defendant NO. 1 and 2 present.
Adjd for reply to 22/07/2022
Next Purpose: REPLY
Next Hearing Date: 22-07-2022

Date: 25-04-2022
Business: Dt.25/04/2022
Suit 120/15
NM 1999/19
NM 1054/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Plaintiff present.
Adv. Noman Jafri for defendant NO. 1 and 2 present.
Adjd for reply to 22/07/2022
Next Purpose: REPLY
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Archana Jha for plaintiff present.
Adv. Noman Jafri for defendant no.1 and 2 present.
The defendants are directed to provide their reply to exhibit.06 to the plaintiff.
Matter is adjd.to 19-08-2022 for hearing on Exh.06
Next Purpose: HEARING
Next Hearing Date: 19-08-2022

Date: 22-07-2022
Business: Adv. Archana Jha for plaintiff present.
Adv. Noman Jafri for defendant no.1 and 2 present.
The defendants are directed to provide their reply to exhibit.06 to the plaintiff.
Matter is adjd.to 19-08-2022 for hearing on Exh.06
Next Purpose: HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv.Archana Jha a/w plaintiff present.
None for defendant no. 1 and 2.
Matter is adjd.to 29-09-2022 for Hrg on Exh. 6.
Next Purpose: HEARING
Next Hearing Date: 29-09-2022

Date: 19-08-2022
Business: Adv.Archana Jha a/w plaintiff present.
None for defendant no. 1 and 2.
Matter is adjd.to 29-09-2022 for Hrg on Exh. 6.
Next Purpose: HEARING
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Archana Jha a/w plaintiff  present.
Adv. Shafi Shaikh a/w defendant no. 2  present and filed vakalatnama t.o.r. marked as Exh.7
None for defendant  no. 1
Matter is adjd.to 05-11-2022 for Hrg on Exh. 6
Next Purpose: HEARING
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv. Archana Jha a/w plaintiff   present.
Adv. Jigar Agrawal a/w defendant no. 2   present.
None for defendant no. 1
Matter is adjd.to  10-01-2023 for Hrg on Exh. 6
Next Purpose: HEARING
Next Hearing Date: 10-01-2023

Date: 05-11-2022
Business: Adv. Archana Jha a/w plaintiff   present.
Adv. Jigar Agrawal a/w defendant no. 2   present.
None for defendant no. 1
Matter is adjd.to  10-01-2023 for Hrg on Exh. 6
Next Purpose: HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Plaintiff in person present and submitted that his withdrawal application Exh. 6 may be allowed.
Adv. Safi Shaikh for defendant no. 2 present and submitted that  defendant no. 1 expired.
        The plaintiff has admitted his signature on the application and expressed desire of withdrawing the suit with liberty to file fresh suit for substantive relief.  Considering contents in Exh.6 and submission of plaintiff in person, I passed the following order -
Order
1. Application Exh.6  is allowed.
2. Suit No. 120/15 is disposed off as withdrawn with liberty to file fresh suit subject to law of limitation.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. NM No.  1054/20 and NM No.  1999/19 are  disposed off having become infructuous due to disposal of the main matter.
6. Proceeding of Suit No. 120/15, NM No.  1054/20 and NM No.  1999/19 are closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-01-2023

Additional Case Details

Additional Case Details
Filing Number: 106064/2019
Filing Date: 07-06-2019
First Hearing Date: 07th June 2019
Decision Date: 10th January 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Jan 2023

Order Details: Other Pdf Text: 1/16/23, 1:20 PM Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101999/2019 Shaikh Abdul Hamid Abdul Gani Vs 1.Shaikh Abdul Gani 2.Mrs. Shaikh Qamar Jahan Abdul Gani Date : 10-01-2023 Business : Plaintiff in person present and submitted that his withdrawal application Exh. 6 may be allowed. Adv. Safi Shaikh for defendant no. 2 present and submitted that defendant no. 1 expired. The…

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