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NOTICE OF MOTION

Raziya Ahmed Miya KadiwalaVsNasir Nathekhan Kadiwala And Ors

CNR MHCC01006707201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 27th September 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102439/2019
Registration Date
03 Jul 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: 03-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Plaintiff absent.  However clerk of advocate for Plaintiff requested to keep the matter back.
    Defendant no.1 present.
    K.B.
    L.O.
    Advocate Mr. Sanket Mungle for Plaintiff present and filed registered Notice of Motion no.2439/2019 with affidavit in support, t.o.r.
    Advocate Mr. Dubey for Defendant no.1 to 3 present and filed reply to NM, t.o.r.
    Case is adjourned to 29/08/2019 for hearing of NM no.2439/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Representative of Plaintiff present.  Plaintiffs advocate absent.
    Advocate P. V. Dubey for Defendant no.1 to 3 present
    Case is adjourned to 23/09/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Court is busy in dictating Judgment in suit no.947/13 and hearing and dictating order on Chamber Summons no.9761/82, hence case is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Plaintiff present.
    Defendant present.
    Case is adjourned to 16/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: None present for Plaintiff.
    Defendant present.  His advocate absent.
    Case is adjourned to 16/03/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Advocate for Plaintiff present
    None present for Defendant.
    Case is adjourned to 22/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 16-03-2020
    Business: Advocate for Plaintiff present
    None present for Defendant.
    Case is adjourned to 22/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    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  08/01/2021 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for Plaintiff.
    Adv Mr. Gopal Jetli present and orally undertook tofile vakalatnama on behalf of  Defendant 1 to 3 on the next date. His oral undertaking is accepted.
    As nobody is present for the Plaintiff, Matter is adjd. for filing vakalatnama and Notice of Motion hearing to 22.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Adv Mr. Sanket Mungle for plff present.
    None present for deft.
    K.B.
    L.O. at 3.55 p.m.
    Heard argument of adv. for Plff in N.M. No.2439/2019.
    Matter is adjd. for argument of deft to 30.03.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: None present for both the parties. After hearing the argument of learned advocate for the plaintiff on previous date in NM No.2439 of 2019, matter was kept today for argument of defendant. As nobody is present for the defendant, considering the present Pandemic Condition, matter is adjourned at same stage till next date.
    Matter is adjd. for argument of defendant in NM to 17.04.2021.
                                                       Judge
    LO at 3.35 p.m.
    Adv.Tejas Mahamooni for plaintiff present.
    Already adjourned for argument of defendant in NM to 17.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 17-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 19-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv Mr. Mungle for plff present.
    None present for the deft to advance argument in NM No.2439/2019. Already several chances are given to the defts to argue the said NM but they failed hence, NM No.2439/2019 be kept for decision on merits on next date.
    Matter is adjd. for NM order to 16.09.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv.Mr. Mungle for pff present.
    None present for deft.
    Matter kept back for order.
    L.O.
    Stenographer is on leave and alternate stenographer is nto provided by the office till 5.15 pm. hence, it is not possible to pass order in N.M. today.
    Matter is adjd. for NM order to 22.09.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-09-2021
    
    Date: 16-09-2021
    Business: Adv.Mr. Mungle for pff present.
    None present for deft.
    Matter kept back for order.
    L.O.
    Stenographer is on leave and alternate stenographer is nto provided by the office till 5.15 pm. hence, it is not possible to pass order in N.M. today.
    Matter is adjd. for NM order to 22.09.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None present for both the parties.
    Court is busy in other matters hence, for want of time, this matter is adjd. for N.M.order to 27.09.2021.
    Matter is adjd. for order to 27.09.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for plff.
    None present for deft.
    K.B.
    L.O.
    F.R.S.R. folloiwng order is passed in N.M.No.2439/2019.
                          ORDER
    Notice of Motion No.2439 of 2019 is partly allowed in terms of prayer clause “c” only.
                            ----
    Plff to file affidavit of service of writ of summons.
    Matter is adjd. for draft issues to 17.12.2021.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 27-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107230/2019
    Filing Date: 03-07-2019
    First Hearing Date: 03rd July 2019
    Decision Date: 27th September 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Sept 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 2439-19 in SU 1586-19 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.2439 OF 2019 (CNR No.MHCC01-013247-2019) IN SUIT NO.1586 OF 2019. (CNR No.MHCC01-011822-2019) Raziya Ahmedmiya Kadiwala }...PLAINTIFF. Versus Nasir Nathekhan Kadiwala & Ors. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Sanket Mungle, learned advocate for the plaintiff. None appeared for the defendants. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.9) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered on 27/09/2021)…

    Read Full Order

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