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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 103 Apr 2023
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 -- 1 of 1 --
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