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NOTICE OF MOTION

Mr. Niyaz Ahmed Khan S/o. Yar Mohammed KhanVsMr. Allah Mehboob Patel And Ors

CNR MHCC01006384201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 01st August 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102306/2019
Registration Date
26 Jun 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: 03-08-2019
    Business: Adv. Mukesh Dubey for plaintiff present and filed contempt NM NO. 2306/19 along with affidavit in support TOR.
    He also filed original Notice of Motion No. 2343/19      along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Deft. no. 1 present and sought time to file reply.
    Earlier order to continue till next date.
    The case is adjourned to 07.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: As Court is busy in dictating Judgment in Suit No. 3206/09 and NM order in suit no. 850/13 and also in hearing urgent ad-interim matters in SU no. 2398/19 and 2399/19. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 17.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: As Court is busy in hearing NM in suit No.2675/19, 1708/13, 1518/15 and other matters on board. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 19.12.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. S. K. Dubey for plaintiff present.
    Adv. Mhatre for deft./MCGM present.
    Defendant no.1 Allah Patel is present, prayed for adjournment to file reply.
    Adv. Tiwari for defendant no. 1 present.
    Earlier order to continue till next date.
    Matter is adjd. 06.02.2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Mr. Allah Patel Deft no.1 is present, prayed for adjd.  He appeared in April, 2019. Hence, adjournment is granted subject of cost of Rs. 500/- be paid to plff.
    Earlier order, if any, to continue till next date.
    Matter is adjd.for NM reply on 13.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Mr. S.K. Dubey for plff., prayed for further order on contempt NM no 2306/19.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Adv. Mr. Amit Tiwari h/f adv. Bijesh Tiwari for deft no.1, prayed for adjd. to pay the cost as per order on last date, prayed for adjd to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 28.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv. Mr. S.K. Dubey for plaintiff, strongly objected for adjd to deft no.1.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Adv. Mr. Mishra h/f adv. Tiwari for deft no.1, paid the cost of Rs. 500/- to plff.  It is prayed for adjd to file reply.
    Deft no.1 to supply copy of reply in advance to ld adv. for plff.  In default NM will proceed without reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on NM reply and hering on
    20.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
    Adjd. as per circular of the High Court on \''Corona restriction\''.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 24.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: National Lockdonw.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Mukesh Dubey for plaintiff present.
    Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present and requested for short adjournment to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 08/03/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    
    Date: 20-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Mukesh Dubey  for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 13.12.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Mr. V. K. Dubey for plaintiff present.
    Adv. Mr. Khandagale for Defendant/MCGM present.
    On oral request adv for the defendant matter is adjourned.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 11/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Matter pertain to CR. No.11.
    Adv. Mukesh Dubey for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 08.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 01.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
    None present for defendant No.1. The suit is proceeded without NM reply and WS of the defendant No. 1
    Adv. Mr. Khandagale for defendant No.2/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant No. 2.
    Order below exhibit No. 01:
    The record shows that the plaintiff filed Contempt NM No. 2306 of 2019 under Order 39, Rule 2-A of the C.P.C. against defendant No. 1. Needless to say that the relief claimed in this Contempt NM can not be decided along-with the suit, in view of the ratio laid in the case of Rampyaribai wd/o. Sukhdeo Daga and others Vrs. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213. In the result, the Contempt NM No. 2306/2019 stands disposed off as not maintainable along-with the suit. The plaintiffs are placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged contents, if they so desire.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (No reply) to 03.10.2022.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 01-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106811/2019
    Filing Date: 26-06-2019
    First Hearing Date: 03rd August 2019
    Decision Date: 01st August 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Aug 2022

    Order Details: Other Pdf Text: 01.08.2022 Sr. No. 46 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1071/19 NM 2343/19 NM 2306/19 Adv. Mr. Mukesh Dubey for the plaintiff is present. None present for defendant No.1. The suit is proceeded without NM reply and WS of the defendant No. 1 Adv. Mr. Khandagale for defendant No.2/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is…

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