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
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Acts & Sections
1Protection 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
2Final Order 109 Jun 2023
09 Jun 2023
Order Details: Notice of Motion
Order 109 Jun 2023
09 Jun 2023
Order Details: Notice of Motion
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