NOTICE OF MOTION
Rukhsana Mohd. Ahsan Khan - Suit St. no. 16866 of 2018VsAbdulla Mohammed Shaikh And Ors
CNR MHCC01008841201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103240/2019
- Registration Date
- 26 Aug 2019
- Next Hearing Date
- 28 Nov 2026
- Case Stage
- MEDIATION REPORT
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 27-08-2019
Business: Plaintiff and his advocate absent.
Adv. Ditendra Mishra for defendant present.
Order below unregister Notice of motion filed by plaintiff on 29/01/2019
Leave was granted to the plaintiffs to register draft notice of motion which was tendered by them on 29/01/2019. They were directed to get registered NM and file it on record. Despite that plaintiffs failed to get registered draft NM. It seems that plaintiffs are not interested to prosecute draft Notice of motion. Therefore draft Notice of motion is dismissed in default. It be registered statistical purposes.
Plaintiffs failed to file their reply to NM No. 489/19. Therefore NM No. 489/19 is to proceed without reply of plaintiffs.
Matter is adjd for Hearing on NM No. 489/19.
Plaintiff are directed to remove objection within period of four weeks.
Matter is adjd to 25/09/2019 for Hearing on NM No. 489/19.
Disposal Date: 27-08-2019
Date: 05-10-2021
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
COMMON ORDER BELOW CH/SUM NO.2003/2019, CH/SUM NO.2006/19 AND N/M NO.4147/19
Heard both sides. On 26.08.2019, this Court passed an order to dismiss in default draft N/M for want to prosecution. This Court further directed to proceed N/M no.489/19 without plaintiffs\\\'' reply.
2. Ch/sum no.2006/19 is taken out by plaintiff praying to condone the delay of 25 days in taking out N/M for setting aside order passed on draft N/M.
3. Ch/sum no.2003/19 is taken out by plaintiff for setting aside order dated 26.08.2019 regarding N/M no.489/19 to proceed without plaintiffs\\\'' reply.
4. N/M No.4147/19 is taken out by plaintiff to set aside the order dated 26.08.2019 dismissing the draft N/M.
5. Above Ch/summons and N/M are resisted by defendants by filing their affidavits in reply.
6. Plaintiffs submit that they have filed draft N/M praying for an order of injunction restraining defendants from dispossessing plaintiffs from the suit premises without following due process of law. During pendency of the suit, plaintiffs\\\'' advocate was suffering from renal disease and undergone renal transplant twice. Plaintiffs came to know about order dated 26.08.2019 on 25.09.2019 and therefore, there is delay of 25 days in taking out Ch/sum for setting aside an order dated 26.08.2019 and for restoration of draft N/M.
7. Defendants submit that plaintiffs are not participating in the proceedings deliberately and intentionally. Plaintiffs have to explain delay of each and every day in taking out the Ch/sum. But, plaintiffs have failed to give sufficient cause for condonation of delay of 25 days in taking out the Ch/sum.
8. Considered the submissions advanced on behalf of both sides. On 26.08.2019, this Court has passed an order to dismiss in default draft N/M taken out by plaintiff for want of prosecution. This Court has further directed to proceed N/M No.489/19 without plaintiffs\\\'' reply.
9. By virtue of draft N/M, plaintiffs were seeking temporary injunction restraining defendants from dispossessing them from the suit premises without following due process of law. Considering the nature of the relief claimed by the plaintiffs, it would be expedient to set aside the order directing dismissal of draft N/M for want to prosecution.
10. Plaintiffs submit that owing to illness of their advocate, they could not file the applications for setting aside the order dated 26.08.2019 within stipulated period. Plaintiffs have given sufficient cause for delay in filing the Ch/sum to set aside the order dated 26.08.2019. Defendants have taken out N/M no.489/19 praying to reject plaint as per Order 7 Rule 11 of C.P.C. Said N/M would decide the tenability of the suit and therefore, considering the principles of natural justice, it would be just and proper to allow plaintiffs to contest said N/M no.489/19 on merits. In the result, following order.
ORDER
1. Delay for taking out N/M for setting aside order dated 26.08.2019 regarding dismissal of draft N/M is condoned.
2. The order dated 26.08.2019 regarding dismissal of draft N/M for want of prosecution is set aside and the draft N/M which is later on registered as N/M No.3240/19 is restored.
3. The order dated 26.08.2019 directing to proceed N/M No.489/19 without plaintiffs\\\'' reply is set aside.
4. Plaintiffs to file reply to N/M No.489/19 on or before next date without fail.
5. No order as to costs.
6. Ch/sum No.2003/2019, Ch/sum No.2006/19 and N/M No.4147/19 are disposed of accordingly.
The matter is adjd for reply to N/M No.489/19 to 20.10.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. S.H. Patel for plaintiffs present. Plaintiffs present.
Adv. Ditendra Mishra for deft. present.
Adv. For plaintiffs filed reply to N/M no.632/20 and N/M No.489/19. T.O.R.
The matter is adjd for N/M hearing to 26.10.2021 at 11.30 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for deft. present.
Un-affirmed copy of rejoinder in N/M No.489/19 and N/M No.632/20 is given to Adv. For plaintiffs.
Adv. For deft. sought time for filing rejoinder. Time as prayed for is granted.
The matter is adjd for filing rejoinder and N/M hearing to 16.11.2021 at 11.30 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present. Deft. no.2 present.
Adv. for defts. filed rejoinder to N/M No.632/20 and N/M No.489/19. T.O.R.
Heard arguments of both sides on N/M no.489/19.
The matter is adjd for order on N/M No.489/19 to 23.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: None for plaintiff.
Adv. Ditendra Mishra for defts. present.
F.R.S.R. following order is passed on N/M No.489/19 -
ORDER
1. N/M No.489/2019 is dismissed.
2. No order as to costs.
3. N/M No.489/2019 is disposed of accordingly.
The matter is adjd for hearing on N/M Nos.3240/19 and 632/20 to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Shahid for plaintiffs present.
None for defts.
Adv. For plaintiffs submits that senior advocate is busy in other Court and said fact is communicated to Adv. For defts.
The matter is adjd for N/M hearing to 07.01.2022.
L.O. at 03.45 pm.
Adv. Ditendra Mishra for defts. present.
The matter is already adjd for N/M hearing to 07.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. S.H. Patel for plaintiffs present.
None for defts.
Defts. and their counsel absent, therefore, the matter is adjd for N/M hearing to 28.01.2022.
L.O. at 04.15 pm.
Adv. Ditendra Mishra for defts. present.
The matter is already adjd for N/M hearing to 28.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. Shahid h/f. Adv. S. H. Patel for plaintiff.
Adv. Ditendra Mishra for defts. present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for NM for Hearing to 08.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None for plaintiff.
Adv. Ditendra Mishra for deft. present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for NM hearing to 22.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
By consent, the matter is adjd for N/M hearing to 01.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
Exh.4 - Adv. For defts. filed application for production of document.
O. - Production is allowed.
Copy of document is supplied to Adv. For plaintiffs.
By consent, the matter is adjourned for N/M hearing.
The matter is adjd for N/M hearing to 15.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: P. O. is on leave.
Hence, Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None for plaintiffs.
Adv. Ditendra Mishra for defts. present.
On oral request of Adv. For defts., the matter is adjd for N/M hearing to 05.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. Present.
Both parties submit that they are exploring possibilities of settlement.
By consent, the matter is adjd for N/M hearing to 08.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None for plaintiff.
Adv. Ditendra Mishra for defts. present. Deft. no.2 present.
Otherside is absent, therefore, the matter is adjd for N/M hearing to 05.07.2022.
L.O. at 03.25 pm.
Adv. Shahid Husaini h/f. Adv. Patel for plaintiffs present.
The matter is already adjd for N/M hearing to 05.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Shahid Hussaini h/f. Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
By consent, the matter is adjd for N/M hearing to 18.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
By consent, the matter is adjd for hearing on N/M to 13.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. S.H. Patel for plaintiffs present.
Adv. Ditendra Mishra for defts. present.
By consent, the matter is adjd for hearing on N/M to 21.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Court is vacant. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Matter received under transfer from Court Room No.14
Rukhsana Mohd. Ahsan Khan Vs Abdulla Mohammed Shaikh.
All called, but absent.
Chamber Summons, Notice of Motion and the Suit between the parties are pending since 2019.
Parties to take steps, else put for necessary orders.
Matter adjourned to 30.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Rukhsana Khan V/s Abdulla shaikh
All called, but absent.
Parties to take steps.
Later on at 13.10 Hrs.
Adv. Akbar Ali present for plaintiff.
He submitted that, he wants to withdraw the suit by next date.
Case adjourned to 09.12.2023 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023
Date: 09-12-2023
Business: Parties and their advocates are absent.
Matter adjd to 20.01.2024.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: None present.
Issue notices to parties.
Matter stands Adj for Lok-adalat on 03/03/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024
Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03/03/2024 (Panel-XIII)
Matter pertaining to C.R. No. 14
None for plaintiff.
None for defendant No.1.
Defendant No.2 is present.
Matter Adjd to 22/04/2024.
Prof. Ms. Vanita Agarwal H.H.J. S.P. Pingle
Panel Member Panel Head
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: P. O. is on Training.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: None present.
Matter be kept in lok-adalat.
O- Issue notices to parties.
Matter stands Adj for Lok-adalat on 27/07/2024.
LO at 3.11 pm
Adv Mumtaz Shaikh for plaintiff present.
Matter already Adj on 27/07/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024
Date: 27-07-2024
Business: None present.
Matter stands Adj on 25/09/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: None present for plaintiff and defendant.
Matter stands Adj for NM Hearing on 22/10/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Adv Anand Shitap for plaintiff present.
Adv Dhiraj Kanade for defendant present.
It is submitted that matter is likely to settled out of the Court between the parties.
Hence, matter stands Adj for Settlement on 26/11/2024.
Next Purpose: SETTLEMENT
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: Adv Ali Dange for plaintiff present.
None present for defendant.
Adv for plaintiff submits that matter is likely to be settled. Hence prayed for matter be kept for lok-adalat.
Matter stands Adj for Lok-adalat on 14/12/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024
Date: 14-12-2024
Business: Matter pertaining to C.R. No.14
Adv. Kasif Faroooqui h/f Sajjad Patel present for plaintiff.
Plaintiff absent.
Matter adjourned to 15.01.2025.
Next Purpose: FOR___________________
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: Adv Ali Dange for plaintiff present.
None present for defendant.
It is submitted that settlement talks are going on.
Hence, matter stands Adj for Settlement on 04/03/2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: Adv Zohib Shaikh for plaintiff present.
None present for defendant.
Adv for plaintiff submits that the talks for settlement is failed.
Matter stands Adj for NM Hearing on 08/04/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: None present for plaintiff and defendant.
Last chance granted to both parties for NM hearing.
Matter stands Adj for NM Hearing on 12/06/2025.
LO at 1.23 pm
Adv Afreen Khan for plaintiff present.
Matter already Adj on 12/06/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: None present for plaintiff and defendant.
Matter stands Adj for NM Hearing on 15/07/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Adv Zoheb Shaikh for plaintiff present.
None present for defendant.
Adv for plaintiff submitted that there is an element of settlement.
O- Issue notice to defendant on Court motion for appearance in mediation.
Hence, matter stands Adj for Mediation Report on 20/08/2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: Matter pertains to C. R. No. 14.
None present for plaintiff.
CA of defendants present.
Adv Yugandhara Gaonkar for defendants present.
She filed VP. t.o.r. marked as Exh. 05. O- Seen.
Matter stands Adj for Mediation Report on 26/09/2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: None present for plaintiff and defendant.
Matter stands Adj for Mediation Report on 12/11/2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: Adv. Zohib Shaikh present for plaintiff.
Adv. Yugandhara Gaonkar present for defendants.
Matter stands Adj for Mediation Report on 09.12.2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-12-2025
Date: 09-12-2025
Business: Court is not sitting.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-02-2026
Date: 03-02-2026
Business: Court is not sitting.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: Court is not sitting.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-04-2026
Date: 25-04-2026
Business: Court is not sitting.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-07-2026
Date: 01-07-2026
Business: Adv Munzarin Thakur for plaintiff present.
Mediation report not received.
Matter adjourned to 27.08.2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: Adv Iqra Tamboli for plaintiff present.
None present for defendant.
Matter adjourned to 15.09.2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-09-2026
Date: 15-09-2026
Business: As per Office Order No.279 of 2026 dated 11.09.2026, on 15.09.2026 holiday declared. Hence, board of 15.09.2026 is adjourned.
Matter stands Adj to 28.11.2026.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-11-2026Additional Case Details
Additional Case Details
Filing Number: 109420/2019 Filing Date: 26-08-2019 First Hearing Date: 27th August 2019 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Orders
2Interim Order 127 Aug 2019
27 Aug 2019
Order Details: Other Pdf Text: IN THE COURT OF :COURT 2 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103240/2019 Rukhsana Mohd. Ahsan Khan - Suit St. no. 16866 of 2018 Vs Abdulla Mohammed Shaikh And Ors Date : 27-08-2019 Business : NM is already disposed dt. 26.08.2019 Plaintiff and his advocate absent. Adv. Ditendra Mishra for defendant present. Order below unregister Notice of motion filed by plaintiff on 29/01/2019 - Leave was granted to the plaintiffs to register draft notice of motion which was tendered by them on 29/01/2019. They were directed to get registered NM and file it on record. Despite that plaintiffs failed to get registered draft NM. It seems that plaintiffs are not interested to prosecute draft Notice of motion. Therefore draft Notice of motion is dismissed in default. It be registered statistical purposes. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 27-08-2019 COURT 2 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 127 Aug 2019
27 Aug 2019
Order Details: Other Pdf Text: IN THE COURT OF :COURT 2 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103240/2019 Rukhsana Mohd. Ahsan Khan - Suit St. no. 16866 of 2018 Vs Abdulla Mohammed Shaikh And Ors Date : 27-08-2019 Business : NM is already disposed dt. 26.08.2019 Plaintiff and his advocate absent. Adv. Ditendra Mishra for defendant present. Order below unregister Notice of motion filed by plaintiff on 29/01/2019 - Leave was granted to the plaintiffs to register draft notice of motion which was tendered by them on 29/01/2019. They were directed to get registered NM and file it on record. Despite that plaintiffs failed to get registered draft NM. It seems that plaintiffs are not interested to prosecute draft Notice of motion. Therefore draft Notice of motion is dismissed in default. It be registered statistical purposes. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 27-08-2019 COURT 2 ADDL SESSIONS JUDGE -- 1 of 1 --
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