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NOTICE OF MOTION

Mohamed Iqbal Qureshi +1 moreVsNiyaz Ahmed Qureshi +1 more

CNR MHCC0100714520189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th December 2019

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102215/2018
Registration Date
15 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Mohamed Iqbal Qureshi
    2. 2Najma Iqbal Qureshi

    Respondent

    1. 1Niyaz Ahmed Qureshi
    2. 2Shabana Niyaz Qureshi

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-06-2018
Business: Adv. Jani  for plff  and plaintiff present.
Deft. no.1 present. Advocate for Defendant Absent.
Original registered Notice of Motion 2215 of 18 tendered by advocate for Plaintiff.
Defendant has filed the reply to the Notice of Motion. It is t.o.r.
defendant has also filed w.s. it is t.o.r. and marked as Exhibit-2
Defendants are directed to supply the copy of w.s. and reply of Notice of Motion to the plaintiff.
Adjd. To 29/08/2018  for Notice of Motion  rejoinder /hearing
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2018

Date: 29-08-2018
Business: Adv. S.R.Patel appeared for Defendant and filed V/p, it is t.o.r. and marked as Exh.2.
Adv.Mr. Shamim appeared  for applicant / intervenor present and filed Exh.3. Also tendered draft chamber summ. Leave granted to register the ch/summ. Copy served to other side.
 Adjd.for reply to 12/09/2018 ch/summ.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Adv.Mr.P.M.Bhatt for Plaintiff present.
Adv. Mr.S.R.Patel for defendant present.
He filed reply t.o.r.
Adv.Mr.Shamim for applicant present.
He tendered original registered Ch/s No.1629/2018 t.o.r.
Adjd.for Ch/s hearing on 26.09.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: H.H.J.is nominated as a Trainer for Mediation hence, board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: Adv Mr.S.K.Mishra for Plaintiff present.
Adv.Mr.Shamim for Applicant present.
Deft present.
K.B.L.O.at 4.35 pm
Adv.Mr.Bhatt for Plaintiff present.
Both the parties are directed to file written submissions on record and also to make oral submissions if required.
Adjd.for further  hearing on 05.12.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: None for Plaintiff.
Adv.Mr.Shamim for applicant present.
Adv.Mr.S.R.Patel for Deft.present.
Adv.for applicant filed written notes of arguments t.o.r.
Adjd for further submission on Ch/s on 12.12.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: None for Plaintiff.
Adv. Shamim for applicant present.
Adv. S.R.Patel for Defendant present.
Adj. for hearing to 18.12.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Adv. Ansari for applicant present.
Adv. Bhat for Plaintiff present.
He submitted that he adopts arguments made by Counsel of Plaintiff in other matter.
Adj for hearing to 04.01.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: Adv. Ansari for applicant present.
Adv. P. M. Bhatt for plaintiff present.
Adv. S. R. Patel for defendant present.
Adv. Bhat for plaintiff adopted submission made by Adv. J. D. Bhat in Suit No.36 of 2015.
Adjd. to 10.01.2019 for order
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-01-2019

Date: 10-01-2019
Business: Plff no.1 present. Deft no.1 present.
Adv. S.K.Mishra for Plaintiff present.
FRSR following order is passed in Ch/s no.1629/18.
ORDER
1. Ch/s No. 1629/2018 is allowed and made absolute in terms of prayer clause (a).
2. Plffs are directed to implead applicants as party defendants to the suit.
3. Plaintiffs to carry out necessary amendment in plaint cause title within the period of 14 days from the date of this order and copy of amended plaint be served upon defendants and newly added defendants.
4. Accordingly Ch/S No.1629/2018 stands disposed off.
Adj for compliance to 12.02.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Adv. S.R.Patel for Defendant present.
Adv. Ansari for newly added Defendant present.
Plff and Adv absent.
Plff to make compliance within two weeks.
Adj for compliance to 06.03.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Plaintiffs are present.
Deft no.1 is present.
Adj for compliance to 24.04.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: PO is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: None present for Plaintiff.
Advocate S. R. Patel for Defendant present
Advocate Mr. Ansari for proposed Defendant present and filed an application for dismissal of the suit on the ground that Plaintiff has not carried out amendment in the plaint in view of order passed in Chamber Summons no.1629/18 by which Plaintiff was directed to add proposed Defendant as party to this suit.   Advocate for proposed Defendant is directed to serve copy of application filed today on next date.
Case is adjourned to 23/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: None present for Plaintiff.
Advocate Ansari for proposed Defendant present
Advocate S. R. Patel h/f Manoj Hare for Defendant submitted that Defendant has no objection to dismiss the suit.
Reply to the application filed by proposed Defendant on 21/08/2019 is not filed by Plaintiff, hence it is made clear that, if on next date, no one will remain present for Plaintiff, court will be compelled to dismiss the suit for want of compliance of the order passed by the Court in Chamber Summons no.1629/18.
Case is adjourned to 06/11/2019 for compliance/dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Advocate Jani for Plaintiff present and submitted that he has instructions that some proceedings related to this suits are pending before Hon\''ble High Court.
Advocate S. R. Patel for Defendants present
Adv. Mr. Shamim for applicant in Chamber Summons present and submitted that he has instructions that any proceedings related to this suit are not pending before Hon\''ble High Court.
Both learned advocates of Plaintiff and applicant are directed to verify the submissions made by them and to inform the Court correct position on next date.
Case is adjourned to 18/12/2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: None present for Plaintiff.
Advocate Mr. S. R. Patel  for Defendant present
Advocate Mr. Shamim for applicant present and submitted that Plaintiff even has not challenged the amendment order passed by this court nor he has complied said order inspite of the fact that court has ordered him the cost of Rs.500/-.  I have given serious consideration to the submissions made on behalf of applicant.  As no one is present for Plaintiff and as Plaintiff has not complied the order passed by the Court, suit stands dismissed in default for want of compliance.  Notice of Motion no.2215 of 2018 stands disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-12-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 107858/2018
Filing Date: 15-06-2018
First Hearing Date: 19th June 2018
Decision Date: 18th December 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    18 Dec 2019
    Order Details: Notice of Motion
Pdf Text: None present for Plaintiff. Advocate Mr. S. R. Patel for Defendant present Advocate Mr. Shamim
for applicant present and submitted that Plaintiff even has not challenged the amendment order
passed by this court nor he has complied said order inspite of the fact that court has ordered him the
cost of Rs.500/-. I have given serious consideration to the submissions made on behalf of applicant.
As no one is present for Plaintiff and as Plaintiff has not complied the order passed by the Court,
suit stands dismissed in default for want of compliance. Notice of Motion no.2215 of 2018 stands
disposed off accordingly.
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    Order 1
    18 Dec 2019
    Order Details: Notice of Motion
Pdf Text: None present for Plaintiff. Advocate Mr. S. R. Patel for Defendant present Advocate Mr. Shamim
for applicant present and submitted that Plaintiff even has not challenged the amendment order
passed by this court nor he has complied said order inspite of the fact that court has ordered him the
cost of Rs.500/-. I have given serious consideration to the submissions made on behalf of applicant.
As no one is present for Plaintiff and as Plaintiff has not complied the order passed by the Court,
suit stands dismissed in default for want of compliance. Notice of Motion no.2215 of 2018 stands
disposed off accordingly.
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