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NOTICE OF MOTION

Mrs. Rukhsana Anwar IbjiVsMrs. Rehana Kamil Ibji

CNR MHCC01006622201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 23rd February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102397/2019
Registration Date
01 Jul 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: 03-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Advocate Gandhi for Plaintiff present and sought time to file affidavit of service of writ of summons.  Considering submissions adjourned.
    None present for Defendant.
    Case is adjourned to 09/10/2019 for affidavit of service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Advocate H. D. Gandhi for Plaintiff present and filed an application for substituted service, t.o.r. O-Substitute service allowed under Order V Rule 17 of CPC
    None present for Defendant.
    Court is busy in recording of evidence in suit no.6380/03 and dictating judgment in suit no.3857/99, hence case is adjourned to 20/11/2019.
    Next Purpose: SERVICE
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: Advocate Mr. Jitendra Gandhi for Plaintiff present and sought extension of time for short service of writ of summons.  O-Time granted till next date.
    None present for Defendant.
    Case is adjourned to 07/01/2020 for service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Advocate Mr. Majid Anwar for Plaintiff present and sought time for service of writ of summons.  Time extended till next date.
    None present for Defendant.
    Case is adjourned to 21/02/2020 for filing affidavit of service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Advocate Ghadigaonkar for Plaintiff present and filed registered Notice of Motion no.2397/2019 with affidavit in support, t.o.r.  He also filed affidavit of service of writ of summons and Notice of Motion, t.o.r.
    None present for Defendant.
    Case is adjourned to 28/04/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-05-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv Mr. Hitendra Gandhi for Plaintiff present.
    None present for Defendant.
    Advocate for Plaintiff submitted that Defendant has yet not filed reply to Plaintiff\''s Notice of Motion despite giving sufficient chances.
    As nobody is present for the Defendant, considering present pandemic condition it would be in the interest of justice, matter is adjd. for reply of Defendant to 18.02.2021 with direction to Plaintiff advocate to intimate next date to the Defendant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Mr. Sandesh More h/f Adv Mr. Gahdigaonkar for plff present.
    None present for deft.
    Despite granting several opportunities, deft failed to file reply to NM No.2397/19 to proceed without reply of the deft.
    Adjd .for NM hearing to 30.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv. H.D.Gandhi  h/f. Ghadigaonkar for plaintiff present and seeks adjournment by submitting that adv. Ghadigaonkar is unable to attend the court today as he is not feeling well.
    Matter is on the afternoon board hence, KB.
    LO in the afternoon session.
    None present for defendant.
    Matter is for NM hearing to 03.05.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: None  present for both parties.
    Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned at same stage till next date.
    Matter is adjd. for  NM for hearing to 12.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Mr. Ghadigaonkar present for plff.
    None present for deft.
    Court is busy in other matters hence, matter is adjd. for NM hearing to 23.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: None present for plff.
    None present for deft.
    K.B.
    Adv Mr. Ghadigaonkar for plff present and seeks time to take steps to implead son of plff as party deft to the suit.
    Matter is adjd. for taking steps to 08.12.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: None present for both parties.
    K.B.
    L.O. at 4.15 p.m.
    Adv Mr. Ghadigaonkar present for plff.
    None present for deft.
    Court is busy in other matters, hence this matter is adjd. at same stage.
    Matter is adjd. for taking steps to 06.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-01-2022
    
    Date: 08-12-2021
    Business: None present for both parties.
    K.B.
    L.O. at 4.15 p.m.
    Adv Mr. Ghadigaonkar present for plff.
    None present for deft.
    Court is busy in other matters, hence this matter is adjd. at same stage.
    Matter is adjd. for taking steps to 06.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: None present for both parties.
    As nobody is present for the plff, matter be kept for order on next date.
    Matter is adjd. for order to 04.04.2022.
    Next Purpose: ORDER
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv Mr. Gandhi h/f Adv Mr. Ghadigaonkar present for plff. and seeks adjournment.
    None present for deft.
    Matter is adjd. for NM hearing/steps to 07.07.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: None present for both sides.
    KB
    LO at 04.10 pm,
    Adv.Mazid h/f.Adv.Ghadigaonkar for plaintiff present.
    Plaintiff do not want to add son of the plaintiff as party defendant. He submits that pleadings in NM are complete. He requested to keep NM for hearing.
    Matter adjd to 20.07.2022 for NM hearing and steps.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv.Pratiksha Shingavi for plaintiff present.
    None for deft.
    On oral request of pltff. matter adjd.
    Matter adjd to 21.09.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Adv.Chandan Yadav h/f.Adv.Ghadigaonkar for plaintiff present. On oral request of plaintiff matter is adjd.
    None present for deft.
    Matter adjd to 06.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2022
    
    Date: 21-09-2022
    Business: Adv.Chandan Yadav h/f.Adv.Ghadigaonkar for plaintiff present. On oral request of plaintiff matter is adjd.
    None present for deft.
    Matter adjd to 06.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv.H.D.Gandhi for plaintiff present.
    None present for deft.
          Read the roznama dated 18.02.2021, NM 2397/19 proceeded without reply of defendant. Read the roznama dated 23.11.2021, plaintiff intended to join plaintiff son as party defendant. Read the roznama dated 07.07.2022 plaintiff submits that she will not join her son as party defendant.
    KB
    LO at 04.15 pm
    Adv.H.D.Gandhi for plaintiff present.
    Heard Adv.of pltff in NM 2397/19
    Matter adjd to 16.01.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: None present for both sides.
    (As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
    Matter adjd to 04.02.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: None present for plaintiff.
    None present for defendant.
    KB
    LO at 05.20 pm
    (As Court is busy in dictating judgment in SU 523/2020 and chamber summons No.996/2022, hence, adjourned.)
    Matter adj. to 23.02.2023 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2023
    
    Date: 04-02-2023
    Business: None present for plaintiff.
    None present for defendant.
    KB
    LO at 05.20 pm
    (As Court is busy in dictating judgment in SU 523/2020 and chamber summons No.996/2022, hence, adjourned.)
    Matter adj. to 23.02.2023 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None present.
    KB for order in NM
    LO
    F. R.S.R. the following order is passed
    ORDER
    1.Notice of Motion No.2397/2019 is partly allowed in terms of prayer clause (c).
    2.Pending hearing and final disposal of the suit, the defendant is restrained from creating third party interest in respect of the suit premises.
    3. Costs shall follow the event.
    Nature Of Disposal: OTHER
    Disposal Date: 23-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107097/2019
    Filing Date: 01-07-2019
    First Hearing Date: 03rd July 2019
    Decision Date: 23rd February 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Feb 2023

    Order Details: Notice of Motion Pdf Text: 1 NM 2397/2019 MHCC010066222019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO. 2397 OF 2019 IN SUIT NO. 1527 OF 2019 Mrs. Rukhsana Anwar Ibji ...Plaintiff Vs. Mrs. Rehana Kamil Ibji ...Defendant Appearance Mr. Ghadigaonkar, learned Advocate for the plaintiff. None for the defendant. CORAM : HHJ Rajesh A. Sasne (C.R.NO.62) Date : 23rd February, 2023 O R D E R This Notice of Motion is taken out by…

    Read Full Order

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