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NOTICE OF MOTION

Nirmala Dnyanadeo KambleVsZiaul Mohamed Islam Shaikh

CNR MHCC0100737920192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 25th July 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102687/2019
Registration Date
18 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: 09-08-2019
    Business: Adv. Redekar for Plaintiff present.
    Defendant is present. Adv absent.
    K.B.
    L.O.
    Adv. Redekar for Plaintiff present.
    Adv. Pareira for defendant present.
    Adv for defendant sought time to file registered NM on record.
    Time is granted.
    Earlier order, if any to continue till next date.
    Adj for NM hearing to 17.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Redekar for plaintiff
    Adv. Pareira for defendant present
    Defendant tendered original NM 2687/19. t.o.r.
    Adv. For defendant sought adjournment. Adjournment is granted. Earlier order to continue.
    Matter is adj. To  7.10.2019  for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Redekar for Plaintiff present.
    Adv. Pareira for defendant present.
    Defendant tendered draft Chamber summons.
    O- Leave granted to register it.
    KB
    Reply filed by advocate for plaintiffs.
    Heard respective counsel for parties.
    ORDER PASSED BELOW DRAFT CHAMBER SUMMONS
           Read draft chamber summons, affidavit in support of it, say of plaintiffs and notice of motion No.2687 of 2019.  Heard respective counsel for parties.
             Draft chamber summons is taken out by defendant seeking correction of notice of motion number mentioned in prayer clause (a) of Notice of Motion No.2687 of 2019.  It is contended that defendant has wrongly mentioned notice of motion No.3835 of 2018 instead of 4473 of 2018 and prayed for correction of the same.
             Plaintiffs opposed draft chamber summons.
            In my view proposed amendment is only to correct registration number of notice of motion in prayer clause (a).  Said amendment is of formal nature and to correct typographical error.  Therefore I am inclined to allow draft chamber summons.  Hence, pass following order.
    ORDER
    1.  Draft chamber summons is allowed and made absolute in terms of prayer clause (a).
    2. Defendant has to carry out amendment in notice of motion No.2687 of 2019 within period of one week from date of this order.
    3. Draft chamber summons be registered for statistical purpose.
    4. Accordingly, draft chamber summons is disposed off.
    Earlier order to continue till next date
    Adjd. for compliance to 22.10.2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Surbhi Gujar for plaintiff present.
    Adv. Pareira for defendant present.
    Earlier order, if any to continue till next date.
    Matter is adjourned for NM hearing to 29.11.2019
    Next Purpose: HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Adv. Redekar for plaintiff present.
    Adv. Pareira for defendant present.
    Advocate for defendant sought time for hearing on the count that defendant has to take out chamber summons  Adjournment is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 06.01.2020
    Next Purpose: HEARING
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: As Court is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv. Redekar for plaintiff present.
    Adv. Ingreed Gomes for defendant present.
    She submitted that defendant wants to take out Chamber summons.
    O- Adjournment is granted.
    Earlier order, if any to continue till next date.
    Adjourned for NM hearing to 25.02.2020
    Next Purpose: HEARING
    Next Hearing Date: 25-02-2020
    
    Date: 19-03-2020
    Business: Adv Redekar for plff present.
    Adv Parera for deft present.
    Matter stands Adj for taking steps to 22/04/2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-05-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-05-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-06-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-06-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Declared Holiday
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2020
    
    Date: 23-09-2020
    Business: Declared Holiday
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2020
    
    Date: 23-09-2020
    Business: Declared Holiday
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Declared Holiday on 23.09.2020 due to heavy rainfall.
    Hence, matter is taken on today\''s board.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present.
    Matter stands Adj for Taking Steps to 03/02/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv S. S. Redekar for plff present.
    Deft and his Adv absent.
    Matter stands Adj for Taking Steps to 08/03/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Redekar for plaintiff present.
    None for defendant.
    Matter stands Adj to 23/04/2021 for hearing.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to Covid-19, Matter adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Adv Redekar for plff present.
    None for deft.
    Matter stands Adj for NM Hearing to 21/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv Redekar for plff present.
    None for deft.
    Matter stands Adj for NM Hearing to 14/12/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: P. O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Due to covid-19 matter adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 31-01-2022
    Business: Due to covid-19 matter adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 31-01-2022
    Business: Due to covid-19 matter adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Redekar for plaintiff present.
    None for defendant.
    Adjd. to 08/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2022
    
    Date: 22-03-2022
    Business: Adv Redekar for plaintiff present.
    None for defendant.
    Adjd. to 08/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2022
    
    Date: 22-03-2022
    Business: Adv Redekar for plaintiff present.
    None for defendant.
    Adjd. to 08/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Redekar for plaintiff is present.
    Defendant and his advocate absent.
    advocate for plaintiff requested to keep NM 3835/2018 along with suit. permission granted. NM 2687/2019 is  Matter is adj. for hearing as last chance to 25/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 08-06-2022
    Business: Adv. Redekar for plaintiff is present.
    Defendant and his advocate absent.
    advocate for plaintiff requested to keep NM 3835/2018 along with suit. permission granted. NM 2687/2019 is  Matter is adj. for hearing as last chance to 25/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 08-06-2022
    Business: Adv. Redekar for plaintiff is present.
    Defendant and his advocate absent.
    advocate for plaintiff requested to keep NM 3835/2018 along with suit. permission granted. NM 2687/2019 is  Matter is adj. for hearing as last chance to 25/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Redekar for plaintiff present.
    None for defendant.
    On last Notice of Motion no. 2687/2019 was adjourned on Court motion with intention to give opportunity to defendant to work out the motion.  Today also defendant and his advocate absent when called out. Sufficient opportunity is granted. From roznama it is seen that since last many dates defendant did not attend  the Court. Hence n/m no. 2687/2019 stands dismissed for default. No order as to costs.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107912/2019
    Filing Date: 18-07-2019
    First Hearing Date: 09th August 2019
    Decision Date: 25th July 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Jul 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0102687/2019
    Nirmala Dnyanadeo Kamble Vs Ziaul Mohamed Islam Shaikh
    Date : 25-07-2022
    Business : Adv. Redekar for plaintiff present. None for defendant. On
    last Notice of Motion no. 2687/2019 was adjourned on
    Court motion with intention to give opportunity to
    defendant to work out the motion. Today also defendant
    and his advocate absent when called out. Sufficient
    opportunity is granted. From roznama it is seen that since
    last many dates defendant did not attend the Court. Hence
    n/m no. 2687/2019 stands dismissed for default. No order
    as to costs.
    Nature of Disposal : ALLOWED
    Disposal Date : 25-07-2022
    COURT 02 ADDL SESSIONS JUDGE
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