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NOTICE OF MOTION

Mohd. Sainuddin Mohd. HanifVsRaidha Sayyeduddin wd/of. Sayyed Mohammad Hanif Khan

CNR MHCC0100653620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th August 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102370/2019
Registration Date
28 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-08-2019
    Business: Adv. Jayesh Chheda for plaintiff present and filed original NM no 2370/19 along with affidavit of service.
    None present for defendant.
    Matter stands Adj for reply to NM no. 2370/19 to 03.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Jayesh Cheda for plaintiff present.
    None present for defendant.
    Reply to NM 2370/19 not filed by the defendant.
    Application for interim relief filed by the plaintiff.
    Heard Ld. counsel for plaintiff on Ex-2. He submitted that the defendant has been served with NM as per affidavit of service on record, but has failed to submit reply. The defendant is trying to create third party rights in the premises and delaying proceeding by not submitted reply. Hence, he prayed that interim relief of maintaining status quo by the defendant and not to create third party rights in the premises till the hearing of NM and the suit may be granted.
    Considering the submissions made before the court and the urgency pressed by the Ld. counsel for plaintiff, call for say of defendant on Ex-2. In the mean while, the defendant is directed to maintain status quo in respect of the legal status of the suit premises and not to create third party right till next date.
    Ld. counsel for plaintiff is directed to communicate this order to the defendant for the information and compliance.
    Sheristedar to provide authenticated copy of today\''s roznama to the Ld. counsel for plaintiff.
    Matter stands Adj for filing say on Ex-2 to 23.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: None present for plaintiff and defendant.
    Matter stands Adj for filing say to 13.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Court is on leave
    Next Purpose: FILING SAY
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Court is busy in dictating order in suit no. 380/18 and 725/18. Hence, board is discharged.
    Earlier order, if any, to continue till next date.
    Matter stands Adj for filing say to 26.03.2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: FILING SAY
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: FILING SAY
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view 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: FILING SAY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present.
    The case is adjourned to 03.02.2021 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Advocate Ms. Shashikala Mahamuni h/f adv. Ms. Sapna Bheda for plaintiff present.
    None for defendant.
    Earlier order is to be continued till next date.
    The case is adjourned to 25.03.2021 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Advocate Ms. Shashikala Mahamuni for Plaintiff present and pressed for hearing of N/M No. 2370/19.
    She also filed application to proceed the suit ex-parte. TOR and marked Exh.3.
    The case is adjourned to 03.05.2021 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Court is vacant
    Next Purpose: FILING SAY
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Matter called out at 03.14 p.m.
    Adv. Shashikala Mahamuni h/f Sapna Bheda for plaintiff present.
    None present for defendant.
    Plaintiff tendered affidavit of service with written envelope bearing endorsement as not claimed.  Plaintiff seeks time to serve with writ of summons to the defendant through bailiff.
    O-Granted.
    Earlier order to continue till then.
    Matter stands adjourned to 16.10.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
    Next Purpose: SERVICE
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Matter mentioned at 3.17 p.m.
    Adv. Shashikala Mahamuni h/f Sapna Bhedafor plaintiff present.
    None present for defendant.
    Earlier order if any, to continue.
    Matter stands adjourned to 28.02.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv. Shashikala Mahamuni h/f Adv. Sapna Bheda for plaintiff present.
    None present for defendant.
    Earlier order if any, to continue.
    As court is busy in dictating judgment in SU No.9284/00.
    Matter stands adjourned to 20.04.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Court is on leave, Hence board is discharged. Matter is adj. to next date
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Court is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: None present.
    Matter stands adjourned to 13.09.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None present.
    Matter stands adjourned to 29.11.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: None present.
    Matter stands adjourned to 23.02.2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None present.
    Plaintiff absent since long hence, put up for dismissal.
    Matter stands adjourned on 06.05.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None for Plaintiff present.
    None for defendant present.
    NM is pending for hearing since 26.03.2021 however, Plaintiff failed argue on the NM hence, NM No. 2370/2019 is dismissed in default. Interim relief granted vide order dtd. 03.10.2019 on Exh.2 is vacated. Since suit is proceeded ex-party put it up for ex-party evidence.
    NM No.2370/2019 is dismissed and disposed off.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 05-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106843/2019
    Filing Date: 28-06-2019
    First Hearing Date: 19th August 2019
    Decision Date: 05th August 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Aug 2023
    Order Details: Other
    Pdf Text: 05.08.2023
    Sr. No.2
    SU 1114/2019
    NM 2370/2019
    CORAM : H.H.J. SMT. N. S. SHAIKH (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    NM is pending for hearing since 26.03.2021 however, Plaintiff failed
    argue on the NM hence, NM No. 2370/2019 is dismissed in default.
    Interim relief granted vide order dtd. 03.10.2019 on Exh.2 is vacated.
    Since suit is proceeded exparty put it up for exparty evidence.
    NM No.2370/2019 is dismissed and disposed off.
    Matter stands adjourned on 31102023 for exparty evidence.
    Judge
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