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NOTICE OF MOTION

Mrs. Sarah Johon AstonVsShri. Salim Salim Jamal Khan and other

CNR MHCC01006485201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 03rd April 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102356/2019
Registration Date
27 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: 12-07-2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: PO IS ON HALF DAY LEAVE.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Advocate Mr. Sagar Batavia for Plaintiff present and filed registered Notice of Motion no.2356/2019 with affidavit in support, t.o.r.
    Advocate Mr. Ashraf Khan for Defendant no.2 and 3 present and submitted that already his vakalatnama was filed in disposed off suit.  Advocate Mr. Khan filed affidavits of Defendant nos.2 and 3 as reply to NM, t.o.r.
    Case is adjourned to 19/10/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    Case is adjourned to 07/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Advocate Mr. Sagar Batavia for Plaintiff present.
    None present for Defendant.
    Case is adjourned to 24/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/12/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Advocate Mr. Sagar Batavia for plaintiff present.
    None present for Defendants.
    It seems that due to Corona pandemic, Defendants are absent, hence case is adjourned to 16/03/2021 for Defendants reply to the NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv Mr. Sagar Batavia for plff present.
    None present for defts.
    Adv. for the plff submitted that defendants have not filed reply to N.M. of the plaintiff till date. Perusal of the roznama shows that roznama dt.16.07.2019 that defendants Nos.2 and 3 have filed reply to the N.M. It is informed by the Sheristedar that reply of the defendants Nos.2 and 3 is not available on record. Advocate for the plff submitted that advocate for defendants Nos.2 and 3 though served copy of reply on him, it is not tendered in the Court.
    As nobody is present for deft Nos.2 and 3, matter is adjd. for NM reply to 03.05.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv Mr. Sagar Batavia for plff present.
    None present for defts.
    Ld. advocate for the plff submitted that deft No.1 MCGM is wrongly mentioned as party deft No.1 in NM No.2356/2019 and said defendant is already deleted from the Suit. He seeks liberty to delete the name of deft No.1 from NM No. 2356/2019. Having gone through the record, it came to the notice that application Exh.2 filed by the plff for deleting name of defendant No.1 MCGM has already been allowed on  19.02.2019 by the Holiday Court. I am satisfied with the submission of ld. Advocate for the plff that deft No.1 MCGM is wrongly shown as party deft No.1 in NM NO. 2356/2019. On his oral request, ld. Advocate for the plff is permitted to delete the name of MCGM from the array of deft No.1 in NM No.2356/2019 with liberty to show the present deft Nos.2 and 3 in the said NM as deft No.1 and  2 respectively.
    Matter is adjd. for compliance and NM reply of deft Nos.1 and 2 to 07.09.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv Mr. Sagar Batavia for plff present and brought to the noting in roznama dt.16.03.2021.
    None present for defts.
    Ld. advocate for the plff is ready to intimate the next date of hearing in the matter to the defts again.
    Matter is adjd. for NM reply and hearing to 09.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: dv Mr. Sagar Batavia for plff present and submitted that he will intimate next date to deft Nos.2 and 3.
    None present for defts.
    Matter is adjd. for compliance to 20.01.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: None present for both the parties hence, as court is busy in other matters, this matter is adjourned for NM hearing to 09/06/2022.
    LO at 3.35 p.m.
    Sagar Batavia for plaintiff present and seeks adjournment.
    Already adjourned to 09/06/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None present for both sides.
    Plaintiff remain absent. Hence, no argument of NM No.2356/19.
    Matter adjd to 15.07.2022 for argument.
    Judge
    LO at 04.45 pm
    Adv.Sagar Batavia for pltff. present. He filed not instruction pursis. The Ld.Adv. for the pltff submits that already letter of no instruction is issued to the pltff. and he will file the copy of same.
    Matter already adjd to 15.07.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: CA of plaintiff No.1 present.
    KB
    LO at 04.45 pm
    Plaintiff No.2 present. Adv. absent.
    The plaintiff submits that he want to engage new advocate as his earlier advocate has withdrawn the vakalatnama. Hence, adjd to 06.08.2022 for steps and argument in NM No.2356/19.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: None present for both sides. Read the roznama dated 15.07.2022. Plaintiff failed to take steps. KB for order.
    LO at 04.25 pm
    Plaintiff No.2 present. Defendant present.
    Adv.Lata Shanbhav h/f.Adv.Oza for plaintiff No.2 present. She undertakes to file vakalatnama on behalf of pltff.No.2.
    Matter adjd to 28.09.2022 for NM argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None present.
    Kept for orders
    Matter adjd to 05.12.2022 for argument
    Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: None present for both sides.
    Matter adjd to 01.02.2023 for order/argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None present.
    Keep motion for order.
    Matter adjourned to 03/04/2023 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: None present for both sides. Read last roznama. Plaintiff failed to proceed with NM. Hence, NM No.2356/2019 is dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 03-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107046/2019
    Filing Date: 27-06-2019
    First Hearing Date: 12th July 2019
    Decision Date: 03rd April 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Apr 2023
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0102356/2019
    Mrs. Sarah Johon Aston Vs Shri. Salim Salim Jamal Khan and other
    Date : 03-04-2023
    Business : None present for both sides. Read last roznama. Plaintiff
    failed to proceed with NM. Hence, NM No.2356/2019 is
    dismissed for default.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 03-04-2023
    COURT 62 ADDL SESSIONS JUDGE
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