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NOTICE OF MOTION

Kaizar F. Pithapurwala And OrsVsKhurshid Safakat Hussain Ladhi And Ors

CNR MHCC01009369201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 11th October 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103428/2019
Registration Date
16 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-09-2019
    Business: Advocate Kapadia for Plaintiff present and filed registered Notice of Motion no.3428/2019 with affidavit in support, t.o.r.
    Advocate R.B. Shinde for Defendant no.1 present and filed reply to Notice of Motion no.3428/19, t.o.r.
    Advocate Poonam Gandharv for Defendant no.3 present and sought time to file reply to Nm no.3428/19.  Considering submissions adjourned with a direction to serve copy of NM reply upon advocate for Plaintiff in advance.
    Case is adjourned to 25/09/2019 for NM reply/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Court is busy in dictating order on Notice of Motion in suit no.1762/18 and hearing urgent applications, board of second session is discharged and case is adjourned to 09/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Advocate Kapadia for Plaintiff present
    Advocate R. B. Shinde for Defendant no.1 present
    Advocate Redekar for Defendant no.3 present
    By consent, case is adjourned to 04/11/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Advocate Kapadia for Plaintiff present
    Advocate Shaikh for Defendant no.1 present and submitted that NM taken out by Plaintiff may be allowed.
    Advocate Redekar for Defendant no.3 present and submitted that he is intending to argue the NM filed by Plaintiff, as Defendant no.3 is resisting said NM.
    Court is busy in dictating Judgment in suit no.785/08, hence case is adjourned to 10/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: None present for Plaintiff.
    Defendant no.1 present.  His advocate absent.
    Advocate Ms. Poonam Gandharve for Defendant no.3 present
    Defendant no.1 and 3 has filed affidavit of reply to N/m no.3428/19 and hence it is made clear that, if on next date, Plaintiff will not argue the Notice of Motion court will be compelled to disposed off NM by hearing arguments of Defendants.
    Case is adjourned to 15/02/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 24-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: Advocate Mr. Shabbir P. Kapadia for Plaintiffs present.
    Advocate Ms. Poonam Gandhar for Defendant no.3 present.
    Advocate for plaintiff submitted that he has not received copy of NM reply from defendant no.3, hence advocate for defendant no.3 is directed to serve copy of NM reply to the advocate for plaintiff on  or before next date.
    By consent case is adjourned to 29/09/2020 for service/NM hearing.
    L.O.
    Advocate Mr.Sharif Khan for defendant no.1 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    Adv.Smt.Poonam Gandharve for Defendant No.3 present.
    Due to Corona pandemic, it seems that remaining parties are absent, hence case is adjourned to 21.12.2020 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Adv.Kapadia for plaintiff present.
    Defendant no.1 is present and he submitted that his adv. is on the way of Court.
    No one present for defendant nos.2, 3 and 4.
    Since due to Corona pandemic, no one is present for defendant nos.2, 3 & 4 case is adjourned to 08/01/2021 for Notice of Motion Hearing.
    L.O. 2.45.P.M adv. Poonam Gundharva for Defendant No. 3 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for Notice of Motion hearing No. 3428/19 to 19.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None present for plff.
    Adv Mr. Sharif Khan i/b Adv R.A. Shaikh for deft No.1 present.
    Adv Mr. Reddekar for deft No.3 present.
    As nobody is present for the plff, N.M. No. 3428/19 be kept for NM dismissal to 22.04.2021.
    Judge
    L.O.
    Adv Mr. Kapadia for the plffs appeared and submitted that he is ready to argue the pending of notice of motion even today also. He submitted that time of 3.00 p.m is being reflected in the CIS hence, he came at 3.00 p.m. Court timing in the afternoon starts from 2.45p.m. As nobody was present for the plaintiffs when the matter was called earlier, next date is already given and advocates present for the deft Nos.1 and 3 that time have already left the Court. Since those advocates have already left the Court and since ld. Advocate for the plaintiffs has now appeared, it would be in the interest of justice to remove the matter from dismissal caption and keep it for hearing on NM No.3428/2019.
    Already adjd to 22.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 19-03-2021
    Business: None present for plff.
    Adv Mr. Sharif Khan i/b Adv R.A. Shaikh for deft No.1 present.
    Adv Mr. Reddekar for deft No.3 present.
    As nobody is present for the plff, N.M. No. 3428/19 be kept for NM dismissal to 22.04.2021.
    Judge
    L.O.
    Adv Mr. Kapadia for the plffs appeared and submitted that he is ready to argue the pending of notice of motion even today also. He submitted that time of 3.00 p.m is being reflected in the CIS hence, he came at 3.00 p.m. Court timing in the afternoon starts from 2.45p.m. As nobody was present for the plaintiffs when the matter was called earlier, next date is already given and advocates present for the deft Nos.1 and 3 that time have already left the Court. Since those advocates have already left the Court and since ld. Advocate for the plaintiffs has now appeared, it would be in the interest of justice to remove the matter from dismissal caption and keep it for hearing on NM No.3428/2019.
    Already adjd to 22.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: None present for both the parties.
    Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv Mr.Kapadia for plff present and endorsed on N.M.No.3428/19 as prayers “b” and “c” are not pressed.
    Adv Mr. Shaikh for deft Mr. 1 present.
    Adv MR. Sayyed for deft No.2 present.
    Adv Mr. Redekar or deft No.3 present.
    Heard arguments on prayer clause “a” of N.M.No.3428/2019.
    Matter is adjd. for order in N.M.No.3428/2019 to 27.09.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv Mr. Kapadia for plff present.
    Adv Mr. Hasan Sayyad for deft No.1 present.
    Adv Poonam for deft No.3 present.
    None present for deft No.2.
    Court is busy in other matters hence, for want of time, this mater is adjd. for order in NM No. till date.
    Advocate for plff submitted that he is not available till 07.10.2021. Adv. for deft No.1 requested to grant next date of any Monday.
    Matter is adjd. for order in N.M. to 11.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Mr. Kapadia present for plffs.
    Adv Mr. Hasan Sayyad for def No.1 present.
    None present for deft No.2.
    Adv. Redekar for deft No.3 present.
    F.R.S.R. following order passed in Notice of Motion No.3428 of 2019.
                                  ORDER
     Notice of Motion No.3428 of 2019 is dismissed for its prayer clause ‘a’.
     Said Notice of Motion is already not pressed for its prayer clauses ‘b’
     and ‘c’ hence, it is disposed of.
                              ----
    Matter is adjd. for further evidence of deft No.3 to 29.10.2021.
    Nature Of Disposal: DISMISSED
    Disposal Date: 11-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109978/2019
    Filing Date: 16-09-2019
    First Hearing Date: 18th September 2019
    Decision Date: 11th October 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Oct 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 3428-19 in SU 3943-09 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.3428 OF 2019 (CNR No.MHCC01-009369-2019 ) IN SUIT NO.3943 OF 2009. (CNR No.MHCC01-004107-2009) Kaizar F. Pithapurwala and Ors. }...PLAINTIFFS. Versus Khurshid Safakat Hussain Ladhi and Ors. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Kapadia, learned advocate for the plaintiffs. Shri.Shaikh, learned advocate for defendant No.1. Shri.Sayyed, leaned advocate for defendant No.2. Shri.Redekar, learned advocate for defendant No.3. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR…

    Read Full Order

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