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NOTICE OF MOTION

Gulshan Khatun Shoeb SahikhVsMohammed Farid Shoeb Shaikh And Ors

CNR MHCC0100789920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th August 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102868/2019
Registration Date
31 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: 09-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv.Baretto for plaintiff is present.
    Adv.Sushil Matkar for defendant No.1 to 6 is present, he tendered draft NM along with affidavit in support. Leave to register is granted.
    Matter adj for NM reply to 11.02.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Court is busy in N/M  hearing of suit no.554/2011, 1829/2013 and adinterim hearing in suit no. 389/2020, 390/2020, 391/2020, 392/2020 and 393/2020. Hence,  board is discharged.
    Matter is adjd.  for N/M reply  to 17/04/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 19/03/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv.Vijay for plaintiff.
    Adv.Vora for defendant no.1 to 6.
    On oral request of adv. for the plaintiff matter is adjd. to 18.06.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence,  board is discharged.
    Matter is adjd. to 09/12/2021 for reply-rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv Chandramore present for the corporation.
    Matter is adjd. to 05.02.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 25.04.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Defendant Mohammed Farid Shoeb Shaikh present.
    None present for plaintiff
    Matter is adjd. to 28-07-2022 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Court is busy in dictating order in NM No. 2052/12 in suit No. 1543/2012 and NM No.3219/2021 in suit No. 2414/2021.
    Hence board is discharged.
    Matter is adjd. to 03.11.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: None present for plaintiff.
    Adv. Aditya Mandavkar h/f Adv. Suhsil Matkar for defendant 1 to 6 present and seeking time to file reply. Time granted.
    Matter is adjd. to 03.01.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: None present for plaintiff.
    Adv. Chandramore for defendant no.10/BMC present.
    Adv. Aditya Mandavkar h/f Adv. S.C. Matkar for defendant nos. 1 to 6 present and seeking time for filing reply. Time granted.
    Matter is adjourned to 17.02.2023 for Notice of Motion Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None present for plaintiff.
    Defendant No. 1 present.
    Adv. Forum B. Prajapati for defendant Nos. 1 to 6 present and submitted that short time be given to register Notice of Motion and seeks time to file reply to Notice of Motion. Time extended to register Notice of Motion.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjourned to 10.04.2023 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: None present for plaintiff.
    Defendant No. 1 present.
    Adv. Disha Chourasiya for defendant Nos. 1 to 6 present and filed registered NM No.1036/23 alongwith affidavit in support.
    Matter is adjourned to 05.07.2023 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None present for the plaintiff.
    Adv. Ms. Disha Chaurasiya for defendant is present.
    Adv. Mr. Sagare for defendant No.8/SRA is present.
    On perusal of roznama it appears that plaintiff is absent in since long back. No steps are taken into the matter since many dates. Hence, matter is kept for dismissal Order.
    Matter is adjourned to 19.08.2023 for dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: None present for the plaintiff.
    Defendant No. 1 is present.
    Adv. Mr. Onkar Mayekar for defendant Nos. 1 to 6 is present.
    The following Order is passed on NM No. 1036/2023:
    	Defendant Nos. 1 to 6 have taken out present NM for condonation of delay of 71 days in filing WS. No reply has been filed by plaintiff to the said NM till today. Heard ld. advocate for defendants. Considering the grounds delay caused in filing WS needs to be condoned in the interest of justice. Hence, I proceed to pass following Order:
    ORDER
    1.   Notice of Motion No. 1036 of 2023 is hereby allowed.
    2.   Delay for filling written statement stands condoned and
          defendant are allowed to file written statement on record.
    3.   Notice of Motion No. 1036 of 2023 stands disposed of
          accordingly.
    Adv. for defendant Nos. 1 to 6 filed WS. TOR. It is marked at Exh.06 O- R&R.
    It is submitted by ld. advocate for defendant Nos. 1 to 6 that since many dates plaintiff is not appearing and proceeding with the matter and therefore, matter be dismissed. On perusal of roznama it appears that plaintiff is not appearing and proceeding with the matter since many dates. Hence, plaintiff NM No. 2868/2019 is hereby dismissed in default of plaintiff.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108448/2019
    Filing Date: 31-07-2019
    First Hearing Date: 09th October 2019
    Decision Date: 19th August 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Aug 2023

    Order Details: Other Pdf Text: 19.08.2023 Sr. No. 09 CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09) SU 2430/18 NM 2868/19 NM 1036/23 Exh. 06. None present for the plaintiff. Defendant No. 1 is present. Adv. Mr. Onkar Mayekar for defendant Nos. 1 to 6 is present. The following Order is passed on NM No. 1036/2023: Defendant Nos. 1 to 6 have taken out present NM for condonation of delay of 71 days in filing WS. No reply has been filed…

    Read Full Order

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