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NOTICE OF MOTION

Nabiraham Mohamed Idris KhanVsKitabullah Ali Hussain Chaudhary

CNR MHCC0100809220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th January 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102943/2019
Registration Date
05 Aug 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: 19-09-2019
    Business: Adv. Shukla for plaintiff present and seeks time to serve defendant. Time granted
    Matter stands Adj for service to 07.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Upadhyay for plaintiff present and tendered original NM no.  2943/19 along with affidavit.
    Matter stands Adj for service of NM to 07.01.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Plaintiff present.
    Adv. Rahul Bhosale for plaintiff present and seeks extension of time to make compliance. Time granted.
    Matter stands Adj for compliance to 27.03.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Compliance to 19.01.2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None present.
    The case is adjourned to 24.02.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Advocate Priyank Shukla h/f adv. Mishra for plaintiff present and seeks time to tender affidavit of service.
    The case is adjourned to 12.04.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: Declared holiday as per office order 78 of 2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Matter called out at 3.14 p.m.
    Adv. Priyank Shukla present for plaintiff.
    None present for defendant.
    At the request of plaintiff, matter stands adjourned to 17.09.2021 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Matter called out at 3.44 pm
    none present.
    Matter stands adjourned to 11-11-2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Matter called out at 3.20 p.m.
    None present.
    Matter stands adjourned to 23.12.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Matter called out at 3.15 p.m.
    Defendant in person present.
    Plaintiff advocate absent. Hence, put up for dismissal.
    Matter stands adjourned to 17.02.2022 dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Matter called out at 2.52 p.m.
    Adv. Rajnish Upadhyay h/f R. D. Mishra for plaintiff present. He informed that since long, plaintiff has not contacted him. Therefore, he is seeking time to take instructions from the plaintiff. Time granted by way of last chance.
    None present for defendant.
    Matter stands adjourned to 05.04.2022 for dismissal.
    Later on at 4.54 p.m.
    Deft No.1 in person present.
    Already adjourned to 05.04.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: As Court is on leave, board discharged.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Court is on Leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv. Priyank Shukla for plaintiff present.  He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 16.11.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: None present.
    K.B. in 2nd session.
    Later on at 3.00 p.m.
    Adv. Priyank Shukla for plaintiff present. He was seeking time.
    Issue notice of appearance to the defendants through bailiff.
    Matter stands adjourned to 18.01.2023 for appearance/dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. Rajnish Upadhyay for plaintiff present.
    None present for defendant.
    Plaintiff is directed to file affidavit of service on or before next date. Simultaneously re-issue notice through bailiff through Civil Judge Senior Division Thane.
    Matter stands adjourned on 06.07.2023 for
    appearance/dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Adv  R.D. Mishra for Plaintiff present and seeks time for file affidavit of service. Time granted as last chance.
    None for defendant present.
    Matter stands adjourned on  06-09-2023 for filing affidavit of
    service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv for Plaintiff present and seeking time for affidavit of service.
    None for defendant present. .
    Matter stands adjourned on 31-10-2023 for filing affidavit of
    service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-10-2023
    
    Date: 31-10-2023
    Business: Adv. Upadhyay present for Plaintiff. He seek time for affidavit of service. O-Time is granted.
    None present for Defendant.
    Matter stands adjourned on 20.12.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Advocate Rajnish Upadhyay present for Plaintiff and filed affidavit of service. Taken On Record.
    None present for Defendant.
    Matter stands adjourned on 27-02-2024 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: None present.
    Matter stands adjourned on  10-04-2024 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: None present.
    The service affidavit indicates that the proper service of NM is not effected as the postal envelop returned with endorsement
     “insufficient address”. Hence the plaintiff is directed to serve the copy of the NM to the defendant and file service report.
    Matter stands adjourned on 26-06-2024 for report.
    Next Purpose: REPORT
    Next Hearing Date: 26-06-2024
    
    Date: 26-06-2024
    Business: None for Plaintiff.
    None for defendant.
    Matter stands adjourned on 30.08.2024 for report.
    Next Purpose: REPORT
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 19-10-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on  07.12.2024 for  taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 15.02.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    The roznama indicates that the NM is pending since 2019 and service upon the defendant of this NM has not duly effected as the postal envelope returned with the endorsement  insufficient address. Therefore the plaintiff was directed on 10.04.2024, to serve the notice upon defendant and file service report.
    Despite of the same till today the plaintiff failed to take steps and did not served the copy of NM upon the defendant. It appears that the plaintiff is not interested to pursue the matter hence NM be kept for dismissal order.
    Matter stands adjourned on  05-04-2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Ajay Dwivedi for Plaintiff present and filed adjournment application. t.o.r. O - Allowed subject to Costs of Rs. 1000/- payable to the defendant.
    Advocate Ankit Makhija for defendant present.
    Matter stands adjourned on 02-07-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate R. D. Mishra for Plaintiff present and seeks time to serve Notice of Motion. Time is granted till next date subject to costs of Rs. 3,000/- payable to Legal Aid on or before next date.
    None for defendant present.
    Matter stands adjourned to 10-12-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: None present.
    Matter stands adjourned for compliance/order to 20-01-2026
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2026
    
    Date: 20-01-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present for plaintiff.
    None present for defendant.
    This NM is pending since 2019 the plaintiff has not filed affidavit of service since last 7 years. The matter was fixed for dismissal on 17.02.2022 since then matter is under the caption of either dismissal or for steps and compliance. Twice costs is imposed on the plaintiff for seeking time to serve Notice of Motion. The conduct of the plaintiff shows that since last more than 7 years he has neither serve Notice of Motion on defendant / respondent nor took any effective steps. Today none present for plaintiff when called repeatedly till 4.30 p.m. The Hon'ble High Court is pressing heard to dispose of old cases on top priority, this NM is for restoration of suit which was dismissed in default on 15.12.2018. The plaintiffs who has not turn up before this Court on various date and not taken necessary steps particularly challenging the dismissal of suit has not shown any justifiable ground to proceed with this NM.
    The conduct of plaintiff itself shows that he lost his interest in the litigation or for the reasons best known to him he neither served the Notice of Motion on defendants nor took any efforts to proceed with the matter. In such circumstances no purpose will serve by keeping the matter pending. The Notice of Motion No. 2943/2019 stands dismissed in default for want of prosecution and necessary steps.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 108609/2019
    Filing Date: 05-08-2019
    First Hearing Date: 19th September 2019
    Decision Date: 20th January 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Jan 2026

    Order Details: Other Pdf Text: 1 C.R. No.03 20.01.2026 Sr. No. 73 NM 2943/19 SU 2065/09 CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) None present for plaintiff. None present for defendant. This NM is pending since 2019 the plaintiff has not filed affidavit of service since last 7 years. The matter was fixed for dismissal on 17.02.2022 since then matter is under the caption of either dismissal or for steps and compliance. Twice costs is imposed on the…

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