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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Acts & Sections
1Protection 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
1Final Order 105 Aug 2023
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 -- 1 of 1 --
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