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NOTICE OF MOTION

Nakhuda Mohammed Ali RogayVsRafiq Shelar And Ors

CNR MHCC0100930320193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 29th September 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103411/2019
Registration Date
13 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-09-2019
Business: Adv. Chincholikar for plaintiff present.
Adv. Tejani for defendant present.
Draft NM handed over to Ld. counsel for defendant for compliance. Ld. counsel for plaintiff sought time for file to reply to NM. Time granted.
Matter stands Adj for reply to NM on 16.10.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Meena Pande for plaintiff present and seeks time to file reply to NM. Time granted.
Adv. Tejani for defendant present and filed original NM no. 3411/19 along with affidavit.
Matter stands Adj for reply to NM on 05.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Mishra for plaintiff present.
Adv. Tejani for defendant present.
Heard both sides for some time. It appears that objection as to jurisdiction of the court is contested by the parties. It will required some more time. Hence, time granted with permission to submit short reply along with citation, if any, on next date.
Matter stands Adj for Short reply and further hearing to NM on 03.02.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Chincholikar for plaintiff present and seeks time to file reply to NM. Time granted.
Adv. Tejani for defendant present.
Matter stands Adj for filing reply to NM on 09.03.2020.
Next Purpose: REPLY
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Mishra for plaintiff present and filed reply affidavit to NM no. 3411/19.
Defendant present in person.
Court is busy in dictating order in suit no. 429/20 and st. no. 2336/20. Hence, board is discharged.
Matter stands Adj for reply to 27.04.2020.
Next Purpose: REPLY
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 08.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Advocate Ms.Ashwini Chincholikar for plaintiff present.
None for defendant.
The case is adjourned to 09.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Advocate Dubey h/f adv. G.R.Mishra for plaintiff present and submit that advocate on record is not feeling well. He seeks time. Time is granted.
None for defendant.
The case is adjourned to 21.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Matter called out at 12.27 p.m.
Adv. G. R. Mishra for plaintiff present.
None present for defendant.
Matter kept back for afternoon session.
Later on at 03.06 p.m.
Adv. Puneet K. Shukla for plaintiff present.
Defendant and his advocate absent.
Matter stands adjourned to 02.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Matter called out at 03.16 p.m.
Adv. G. R. Mishra for plaintiff present.
Adv. Pandey for defendant present.
It appears from the record that the pleadings of NM completed since March, 2020. Ld. Advocate for defendant requested for time as Advocate on record is not keeping well. Looking to the reason. Adjournment granted by way of last chance.
Matter stands adjourned to 23.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Matter called out at 03.17 p.m.
Adv. G. R. Mishra for plaintiff present.
Adv. Zahra Tejani for defendant present.
Heard both the sides.
Close for order on NM No. 3411/19.
Matter stands adjourned to 29.09.2021 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Matter called out at 3.52 p.m.
Adv. Puneet Shukla for plaintiff present.
Adv. Zahra Tejani for defendant present.
Following F.R.S.R. order is passed in Notice of Motion No. 3411/19
ORDER
1.    Notice of Motion No. 3411/19 is hereby dismissed with costs of Rs.5,000/- to be paid by the defendants to the plaintiff.
2.    Defendants to bear the costs of the Motion.
3.    Notice of Motion is disposed off accordingly.
Matter stands adjourned to 16.11.2021 for Evidence.
Nature Of Disposal: DISMISSED
Disposal Date: 29-09-2021

Additional Case Details

Additional Case Details
Filing Number: 109931/2019
Filing Date: 13-09-2019
First Hearing Date: 13th September 2019
Decision Date: 29th September 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Sept 2021

Order Details: Notice of Motion Pdf Text: 1 NM 3411-19 in Suit 1823/10 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 3411/2019 IN S.C. SUIT NO.1823/2010 Nakhuda Mohammed Ali Rogay ...Plaintiff Versus 1. Rafiq Shelar 2. Feroz Shelar 3. Imtiyaz Shelar ...Defendants Appearances : Adv. Mr. G. R. Mishra for plaintiff. Adv. Zahra Tejani for defendant. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR No. : 03 Date : 29.9.2021. ORDER 1. The…

Read Full Order

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