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CHAMBER SUMMONS

H.Akhtar Ali s/o.Abdul Ghani +2 moreVsMoosa Madan Khan +2 more

CNR MHCC0100842920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101504/2019
Registration Date
13 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1H.Akhtar Ali s/o.Abdul Ghani
    2. 2H. Mohd. Ahmad S/o. H. Mohd. Ali
    3. 3Mustaqim Ahmad S/o.Sukkhan

    Respondent

    1. 1Moosa Madan Khan
    2. 2Mohd.Salim Saeed Bhopali
    3. 3Shaikh Shaban Khan

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-08-2019
Business: Adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv.S.R,Gupta for plaintiff present, he tendered original Ch/s/s  1504/19 along with affidavit of service.
Adv. Satish Mule for defendant No.6 present.
Adv. Aditi Rajput for defendant No 7 and 8 present. copy of Ch/s/s received by defendant NO. 7 and 8.
Matter adj for filing affidavit of service by other defendants 19.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Shalini Acharya  for Plaintiff is present. She seeks time for tendering affidavit of service. O- Granted
Plaintiff No.2 is present
None present from defendants.
Matter is adjd. for affidavit of service  to 17.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Neelam Gupta for plaintiff is present. On her request matter is KB for filing affidavit of service.
Kb
L.O.at  05.25  pm
Adv. Neelam Gupta for plaintiff is present. She filed affidavit of service a/w RPAD packets TOR. She seeks time for filing another affidavit of service. O granted.
Matter is adjd. for affidavit of service to 16/04/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present.
Last chance is granted for filing service affidavit.
Matter is adjd. to 20/04/2021 for service of affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Mr.Gupta present for the plaintiff.
None present for the defendant.
Matter is adjd. to  21.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for the parties.
Matter is adjd. to 06.05.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv. Nilam Gupta for plaintiff present and files registered Ch/s 889/2018 along affidavit in support thereof. She also files registered N/m 566/19 along affidavit in support thereof TOR. She also files registered Ch/s 1504/19 along affidavit in support thereof  TOR.
She prays for time for filing service affidavit. Time is granted.
Matter is adjd. to 08-07-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Nilam Gupta for plaintiff present and seeking time for filing service affidavit.-O-time granted.
None present for defendant.
Matter is adjd. to 19-08-2022 for sevice.
Next Purpose: SERVICE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Nilam Gupta for plaintiff present and seeking adj. as she is going to withdraw suit.  Time is granted.
None present for defendant.
Matter is adjd. to 28.09.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. H.S. Gupta h/f Adv. S.R. Gupta for plaintiff present and submitted that he is going to file withdrawal application on next date.
None present for defendant.
Matter is adjd. to 22.12.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave. Hence board is discharged.
Next Purpose: WITHDRAWAL
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: None present for the parties.
Perusing record, it appears that Advocate for plaintiff submitted that he is going to withdraw the suit. But since 19.08.2022 withdrawal application not filed by the plaintiff. It appears that plaintiff does not want to proceed with this suit. Hence, kept this matter for dismissal order.
Matter is adjourned to 04.03.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: None present for the parties.
Matter is adjourned to 18.03.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present for the parties.
Perusing record, it appears that the plaintiff not filed affidavit of service of the defendant and she submitted on 01.12.2022 that the plaintiff is going to withdraw the suit and she will file withdrawal application on next date and matter was fixed for 22.12.2022. But Therafter the plaintiff not present and file withdrawal application. Therefore the suit was kept for dismissal order on 04.03.2023. On that day also plaintiff was absent. Today also plaintiff is absent. Hence, It appears that plaintiff does not want to proceed with the suit. Hence, plaintiff suit is hereby dismissed for want of compliance. In view of suit is dismissed the Notice of Motion No. 566/19, CS Nos. 1504/19, 889/2018 are also hereby dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 18-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108972/2019
Filing Date: 13-08-2019
First Hearing Date: 19th August 2019
Decision Date: 18th March 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Mar 2023
    Order Details: Chamber summons
Pdf Text: None present for the parties. Perusing record, it appears that the plaintiff not filed
affidavit of service of the defendant and she submitted on 01.12.2022 that the
plaintiff is going to withdraw the suit and she will file withdrawal application on
next date and matter was fixed for 22.12.2022. But Thereafter the plaintiff not
present and file withdrawal application. Therefore, the suit was kept for dismissal
order on 04.03.2023. On that day also plaintiff was absent. Today also plaintiff is
absent. Hence, It appears that plaintiff does not want to proceed with the suit.
Hence, plaintiff suit is hereby dismissed for want of compliance. In view of suit is
dismissed the Notice of Motion No. 566/19, CS Nos. 1504/19, 889/2018 are also
hereby dismissed.
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