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NOTICE OF MOTION

Nazneen Munnir KhanVsTopaz Co-operating Society

CNR MHCC0100811220191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th August 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102959/2019
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: 19-08-2019
    Business: Court is vacant hence, board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Court is vacant, hence board is discharge
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Adv. Bukhari for plff present.
    Adv. Paras for deft no. 1 to 3 present.
    VP of defendant no. 1 to 3. TOR.
    None for deft no. 4.
    It appears from record that deft no. 4 had refused service of writ of summons through RPAD. Hence writ of summons is deemed to served upon deft no.4. However deft no. 4 remain absent , hence deft no. 4 is ex-parte.
    Adjd for Reply and Written statement of deft no. 1 to 3 to
    07.12.2019.
    Earlier Order, if any, to continue till the next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Business: Adv. Bukhari for plff present.
    Adv. Josar for deft no.1 to 3 present.
    By consent and convenience of parties, adjd for Reply and Written statement of deft no. 1 to 3 to 10.01.2020.
    Earlier Order, if any, to continue till the next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Hiral Bhatia for plaintiff present.
    Adv. Sandeep Dhangar for defendant  no. 1 to 3 present.
    Oral request for adjournment by ld advocate for deft is rejected and matter is fixed for No WS and No Reply Order on next date.
    Earlier Order, if any, to continue till the next date.
    Adjd to 06.03.2020 for NM Reply and WS.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Court is on leave, hence board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: adjd to 28/09/2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Business: As the Court is on leave, hence adjd to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present.
    The matter is adjd for no W/S and no reply order to 10.02.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv. Astha Arora for plaintiff present.
    Adv. Vinod Singh for deft. nos.1 to 3 present.
    Undertaking filed on behalf of Adv. Vinod Singh to file vakalatnama on next date.  T.O.R.
    Application for adjournment filed by Adv. for deft. nos.1 to 3 for filing of written statement.
    O. - Call say of plaintiff.  Adv. for plaintiff wrongly filed say on undertaking.
    O. - Read application and say.  It appears from record that counsel for deft. nos.1 to 3 appeared on 19.10.2019 and since then, have not filed the written statement and reply to N/M.  Hence, the application needs no consideration.  Application stands rejected.  Suit to proceed without written statement of deft. nos.1 to 3 and N/M to proceed without reply of deft. nos.1 to 3.
    Earlier order, if any, to continue till next date.
    The matter is adjd for hearing on N/M to 03.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd  to 22.06.2021 for N/M. Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
    Matter adjd to 17/08/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Order below NM No.2959/19
    Perused the notice of motion and the order dtd. 02.08.2019. It is a matter of record that as per order dtd. 10.02.2021, the suit is proceeded without written statement and reply to notice of motion. On perusal of order dtd. 02.08.2019 it was observed that the plaintiff is in possession of the suit premises. He is apprehending dispossessions at the hands of defendant. The ad-interim relief is running in favour of the plaintiff. In spite of that the defendant has not filed the reply and no reply order is passed on 10.02.2021. Under the given circumstances no purpose would be served in keeping the notice of motion pending and the ad-interim relief so granted on 02.08.2019 should be continued till disposal of the suit. Hence, I pass the following order-
                                                 ORDER
    Notice of Motion No. 2959/19 is allowed and made absolute in terms of prayer clause (a). Notice of Motion is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108674/2019
    Filing Date: 05-08-2019
    First Hearing Date: 19th August 2019
    Decision Date: 17th August 2021
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Aug 2021

    Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102959/2019 Nazneen Munnir Khan Vs Topaz Co-operating Society Date : 17-08-2021 Business : Order below NM No.2959/19 Perused the notice of motion and the order dtd. 02.08.2019. It is a matter of record that as per order dtd. 10.02.2021, the suit is proceeded without written statement and reply to notice of motion. On perusal of order dtd.…

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