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NOTICE OF MOTION

Surekha Jeevan GaikwadVsSaniullah Eshanullah Khan

CNR MHCC01007218201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 14th September 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102621/2019
Registration Date
15 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: 15-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    As court is busy in recording of evidence in Suit No. 7774/1997 and dictating order in Notice of Motion No. 2545/19.  Hence, board is discharged.
    Case is adjourned to 27/11/2019 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-11-2019
    
    Date: 23-08-2019
    Business: Advocate Indira @ Plaintiff present
    Advocate Vijay Dubey @ Defendant present and filed vakalatnama, t.o.r.  Advocate for Defendant submitted that on next date he will file reply to Chamber Summons no.1387/19. Considering submissions adjourned.
    Case is adjourned to 16/09/2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Court is busy in recording evidence in suit no.9168/92, hence case is adjourned
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: PO IS ON LEAVE.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Advocate for Plaintiff present and submitted that on next date he will argue Chamber Summons.  Considering submissions adjourned.
    Advocate Dubey for Defendant present
    Case is adjourned to 13/01/2020 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Advocate Ms. Indira for Plaintiff present
    None present for Defendant.
    Heard Plaintiff\''s advocate about Chamber Summons no.1387/19 who has submitted that Plaintiff\''s name is wrongly typed in the plaint as Samimulah Khan and Plaintiff is intending to bring on record the correct name of Defendant which is Samimulah Faruki, hence according to Plaintiff\''s advocate Chamber Summons is necessary to be made absolute.
    It is made clear that, if on next date, Defendants will not argue Chamber Summons court will be compelled to decide Chamber Summons considering reply filed by Defendant.
    Case is adjourned to 15/02/2020 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 15-02-2020
    Business: court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  18/02/2021 for Chamber summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Mr. Kaustubh Patil for plff present.
    None present for deft.
    Heard arguments of advocate for the plff in CS No.1387/19.
    Matter is adjd. for argument of Deft / order to 25.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv Mr. Kaustubh Patil for plff present.
    Adv Mr. Vijay Dubey for deft present.
    Argument heard of both the sides.
    F.R.S.R. following order is passed on Ch/s No.1387/2019
                        ORDER
    Chamber Summons NO.1387/2019 is allowed in terms of its prayer clause (a).
    Plaintiff to carry out the amendment as per the schedule within two weeks from today and shall serve the copy of amended plaint on the defendant.
                       -----
    Matter is adjd. for compliance and NM reply to 15.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-03-2021
    
    Date: 25-02-2021
    Business: Adv Mr. Kaustubh Patil for plff present.
    Adv Mr. Vijay Dubey for deft present.
    Argument heard of both the sides.
    F.R.S.R. following order is passed on Ch/s No.1387/2019
                        ORDER
    Chamber Summons NO.1387/2019 is allowed in terms of its prayer clause (a).
    Plaintiff to carry out the amendment as per the schedule within two weeks from today and shall serve the copy on the defendant of the amended plaint.
                       -----
    Matter is adjd. for NM reply to 15.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv Ms. Indira Labde for plff present and seeks time to serve copy of amended plain on the deft.
    None present for deft.
    Matter is adjd .for service of amended plaint and NM reply to 09.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv Smt. Labdhe for plff present and mentioned the matter in the morning session. She seeks adjournment beyond Summer Vacation. Matter is on the board of afternoon session hence, KB.
    LO.
    None present for deft.
    Considering the present Pandemic Condition and SOP issued by Hon’ble High Court, matter adjourned at same stage beyond summer vacation.
    Matter is adjd. for NM reply to 25.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Adv Mr. Aditya Lele for plff present and served the copy of amended plaint on the adv for the deft in the Court today.
    Adv Mr. Vijay Dubey for deft present and seeks time to file NM reply and written statement.
    Matter is adjd. for NM reply and WS to 27.09.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for plff.
    Adv Mr.Vijay Dubey for deft present.
    Plaint at Exh.1.
    Vakalatnama of Adv for the plff at Exh.2.
    Memorandum of address of the plff at Exh.3.
    List of documents at Exh.4
    Adv. for deft filed WS at Exh.5. He also produced 12 documents with list Exh.6. He seeks time to file registered address of deft. O-Time granted till next date. He submitted that copy of amended NM is not served on deft till date.
    Matter is adjd. for NM reply to 16.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Plff present in person and seeks adjournment by submitting that her advocate is unable to attend this court today and she herself is not feeling well.
    None present for deft.
    On request of the plff, matter is adjd. for 20.12.2021.
    Judge
    L.O.at 3.50 p.m.
    Adv Mr. V.R. Dubey for deft present and filed memorandum of address of the deft.at Exh.7.
    Already adjd. to 20.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on Leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: None present for plff.
    Adv Mr. Vijay Dubey present for deft. and submitted that NM No.2621/2019 is not served on the deft till date by the plff.
    As nobody is present for the plff, said NM be kept for order.
    Matter is adjd. for NM order to 06.07.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present.
    ORDER BELOW NM NO.2621/2019
    1. Read the roznama dated 2204.202 THE ROZNAMA DATED 22.04.2022. Copy of NM is not served on the defendant.  The plaintiff failed to take steps.  Today also the plaintiff is absent. Hence, NM is keptfor dismissal.
    Matter adjd to 14.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None present for both sides.
    KB for orders.
    LO at 03.40 pm
    None present for both sides.
    KB for orders.
    LO at 03.40 pm
    Adv. for plaintiff present.
    KB for orders.
    LO at 04.40 pm
    None present for both sides.
    KB for orders.
    LO at 05.30 pm
    None present for both sides. Read the last roznama dated 06.07.2022, plaintiff failed to take steps, hence, NM No.2621/19 is dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 14-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107739/2019
    Filing Date: 15-07-2019
    First Hearing Date: 15th July 2019
    Decision Date: 14th September 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Sept 2022
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0102621/2019
    Surekha Jeevan Gaikwad Vs Saniullah Eshanullah Khan
    Date : 14-09-2022
    Business : None present for both sides. KB for orders. LO at 03.40 pm
    None present for both sides. KB for orders. LO at 03.40 pm
    Adv. for plaintiff present. KB for orders. LO at 04.40 pm
    None present for both sides. KB for orders. LO at 05.30 pm
    None present for both sides. Read the last roznama dated
    06.07.2022, plaintiff failed to take steps, hence, NM
    No.2621/19 is dismissed in default.
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