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NOTICE OF MOTION

Mr. Yasin Yakub KhanVsM/s. Yashodhan Builder and Developers +1 more

CNR MHCC0100892120181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 09th June 2023

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102672/2018
Registration Date
20 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Resumed.
    Adv. R. L. Singh for plaintiff, Adv, Wasim Khan for def. no. 3 and Adv. M. A. Vaid for defendant no. 1 and 2 are present.
    Exh. 7-  Vakalatnama of Adv. Khan for def. no. 3. O- Seen and filed.
    Adv. Khan seeks time to file w.s.  Time is granted as last chance.
    Adv. Singh undertakes to serve the copy of w.s. to advocate for def. no. 3 as directed earlier on or before next date.
    Adjd for written statement to 05.07.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-07-2019
    Business: None present for plaintiff and defendants.
    Deft. no. 3 appeared on last date and sought time to file written statement.  Time was granted as a last chance. None present on behalf of deft. no. 3.  Written statement is not filed.  Suit is proceeded without written statement of defendant no. 3.
    Adjourned for hearing NM 2672/18 as a last chance to 26.9.2019.
    LO at 5.00 p.m
    Adv. Ravindra Singh for plaintiff present.
    Adv. Wasim Khan for deft. no. 3 present.
    Adv. Ansari for deft. nos. 1 and 2 present.
    The Ld. counsel for the deft. no. 3 submitted that the copy of the plaint and documents were supplied to the counsel for deft. no. 3 on 4.7.2019.  He seeks time to file written statement.  This court has passed order of proceeding suit without written statement of deft. no. 3.  The ld .counsel for the plaintiff admits that the copy of the plaint and document were supplied to the deft. no. 3 on 4.7.2019.  In view of that the order of proceeding suit without written statement of deft. no. 3 is called back and set aside.
    Adjourned for filing written statement by deft. no. 3 and hearing NM No. 2672/18 to 26.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: By preecpie.
    Adv. Ansari for defendant nos. 1 and 2 present.
    Defendant nos. 1 and 2 filed additional written statement.
    Adjourned for filing written statement by deft. no. 3 and hearing NM No. 2672/18 to 26.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. O. P. Tiwari for plaintiff present.
    Adv. Vaid for defendant nos.1 and 2 present.
    The defendant no. 3 was supplied with the copy of plaint and documents on 4.7.2019 but till date he has not filed the written statement and reply to the NM.  Hence, suit be proceeded without written statement of defendant no. 3 and also the NM is proceeded without reply of defendant no. 3.
    Copy of additional written statement supplied by advocate for defendant nos. 1 and 2 to the plaintiff.
    Adjourned for hearing on NM to 26.11.2019.
    LO
    Wasim Khan for defendant no. 3 present.  He tendered affidavit to oppose adinterim relief.  TOR.
    Adjourned for hearing on NM to 26.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-09-2019
    Business: Adv. O. P. Tiwari for plaintiff present.
    Adv. Vaid for defendant nos.1 and 2 present.
    The defendant no. 3 was supplied with the copy of plaint and documents on 4.7.2019 but till date he has not filed the written statement and reply to the NM.  Hence, suit be proceeded without written statement of defendant no. 3 and also the NM is proceeded without reply of defendant no. 3.
    Copy of additional written statement supplied by advocate for defendant nos. 1 and 2 to the plaintiff.
    Adjourned for hearing on NM to 26.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv.Mr.Singh for plff. Present.
    Adv.Shahgufta foer deft nos.,1 and 2 present.
    Adv.Wasim Khan for deft no.3.
    Two Draft Notice of Motions filed by adv. for deft no.3 alongwith the w/statement.
    Leave granted to register Notice of Motions.
    Copy is served to the plff and deft no.1.
    Adjd. to 20.12.2019 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 26-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. O. P. Tiwari for plaintiff present.
    Adv. Shagufa Ansari for deft. no.1 and 2 present.
    Adv. Waseem Khan for deft. no.3 present.
    Adv. for plaintiff tendered rejoinder and reply to N/M no.4845/19.  T.O.R.
    Adv. for plaintiff tendered reply to N/M no.4844/19.  T.O.R.
    Copies are supplied to other side.
    Adv. for deft. no.3 tendered registered N/M no.4844/19 and 4845/19.  T.O.R.
    The matter is adjd for N/M hearing to 04.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NM FOR HEARING
    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 pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Due to Lock-down (Covid 19) the matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Due to Covid-19, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None for plaintiff.
    Adv. Ansari for deft. nos.1 and 2 present.
    Adjourned as a last chance for N/M hearing.
    The matter is adjd for hearing on N/M to 08.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Omprakash for plaintiff present.
    Adv. Ved for deft. nos.1 and 2 present.
    Adv. Wasim Khan for deft. no.3 present.
    Ld. counsel for plaintiff seeks adjournment for hearing on N/M.  Already last chance was given for hearing.  Put N/M No.2672/18 for dismissal.
    The matter is adjd for dismissal of N/M No.2672/18 to 22.04.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 29.09.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Tiwari for plaintiff is present..
    Adv. Vasim Khan for defendant no.3 is present.
    Last chance for as none appeared for defendant no.1 and 2.
    Matter adjd for NM hearing on 15.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: In view of Office Order No. 275/21,  P.O. is attending  40hrs Mediation Training Programme as a participant at Aurangabad,
    Matter is Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Vidhya for deft nos 1 and 2 present.
    Adv. Suraj Gupte for deft no. 3 present
    On oral request of adv for deft, Matter is adjd to 22/06/2022 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. O.P. Tiwari for plaintiff is present.
    Adv. Vaid for defendant no. 1 and 2 is present.
    KB LO at 4.15 p.m.
    With consent of both the parties matter adjourned for NM hearing.
    Matter adjd to 27.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: P. O. is on leave. Matter is adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Adv. Singh for plaintiff is present.
    Adv. Ansari for defendants no. 1 and 2 is present.
    On oral request of Adv.for plaintiff matter adjourned for NM hearing.
    Matter adjd to 24.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Shoaib for plaintiff is present.
    Adv. Shakufa Ansari for defendants no. 1 and 2 is present.
    Adv. Wasim Khan for defendant no.3 is present.
    The Ld.Adv.for plaintiff has filed an application for adjournment t.o.r marked as Exh.11. It is contended that  the Ld.Advocate who is looking after the matter is unable to remain present due to his own personal difficulty. Hence, time be granted to argue the NM. The defendant opposed the application. It is to be seen that the NM is taken out in the year 2018, since then matter is adjourned for hearing on NM. Thus, considering these aspects last chance granted subject to payment of cost of Rs.1500/- paid by the plaintiff to DLSA, Mumbai.
    Matter adjd to 15.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: None present for plaintiff.
    Adv. Wasim Khan for defendant No.3 present
    Adv. Shagufa Ansari for defendant No.1 and 2 present.
    It is to be seen that on 02.02.2023, last chance granted to the plaintiff to argue the NM No.2672/2018 subject to payment of cost of Rs.1500/-paid to DLSA Mumbai, from record it reveals that the plaintiff has not paid the amount of cost. Even today the plaintiff and his Ld. Adv. absent when called. Therefore, the NM No.2672/2018 stands dismissed in default. The matter be kept for dismissal order.
    Matter adjd to 19.08.2023 for dismissal order.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 09-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109744/2018
    Filing Date: 20-07-2018
    First Hearing Date: 09th August 2018
    Decision Date: 09th June 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    09 Jun 2023
    Order Details: Notice of Motion
    Order 1
    09 Jun 2023
    Order Details: Notice of Motion

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