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NOTICE OF MOTION

Mr. Anwar Kamal Abdul Wahab Rajput - Suit St. No 9654 of 2019VsMCGM

CNR MHCC0100983220195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th July 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103614/2019
Registration Date
26 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Court busy in Hearing of Precipe ad-interim matters  Su. 144/20, St. 2484/2020, 509/2020 and 1948/2020 therefore board discharged.
    Adjourned for N/M Hearing to 29/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Business: COVID-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None for plaintiff.
    Advocate Mrs. Vyavahare for deft/BMC present.
    Adjourned for N/M reply to 15/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Advocate for plaintiff present.
    Advocate Mrs. Vyavahare for defendant/BMC present. She requested time to file reply. O-granted.
    Plaintiff is directed to get registered the Suit.
    Adjourned for N/M Reply to 07/07/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: As court is busy in hearing arguments on Suit no. 2209/18 and on Chs. 236/2017 in Su. no. 4634/2013 and also busy in Order on Chs. 751/21 in Suit no. 2441/2011, board is discharged. Hence, matter is adjd. to 24/09/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Rajput present for plaintiff and sought adjournment
    Adv. Kumuda Soraan present for MCGM/defendant.
    Matter adjourned for nm reply rejoinder to. 16/10/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. diwate present  for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for nm reply rejoinder to. 02/02/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for NM reply on 16-11-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: None for Plaintiff
    Plaintiff is directed to appear and take steps on next date without fail.
    Matter is adjd for NM on 18-01-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Reply not filed by defendant. Hence, NM to proceed without reply.
    The suit is not get registered by the Plaintiff though it is instituted in the year 2019. Hence, Plaintiff to take necessary steps other wise necessary order will be pass on next date.
    Matter is adjd for necessary order on 09-02-2023
    Next Purpose: ORDER
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Board is discharged, in view of Time Bond Matter St.No.12271/2022 and order matter in SU No.2499/2015 and 4617/2013. Matter is adjd for order  on 06.04.2023.
    Next Purpose: ORDER
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: As P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Today Court is busy in dictating judgment matter i.e. Suit No. 634 of 2009, Suit No. 2704 of 2009 Suit No. 1481 of 2010 and order dictating in Stamp No. 2646 of 2023 and arguments in Suit No. 1082 of 2023.
    Matter is adjd for order on 05-06-2023
    Next Purpose: ORDER
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: Neither plaintiffs nor their advocate turned up.
    Perusal of roznama shows that matter is pending under the stamp and still not registered for want of removal of office objection since 2019.
    Moreover, matter is pending on the Notice of Motion but no steps are taken to proceed with the motion till this date.
    Hence, in view of aforesaid reasons, matter be kept for passing dismissal order for want of removal of office objection.
    Adv.Vyavahare present for defendant BMC.
    Matter is adjd to 15/07/2023  for  dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC present.
    It appears from the record that the N/M No.3614/2019 is pending since 2019 but the plaintiff continuously remained absent. Inspite the matter was kept on 05/06/2023 for passing dismissal order of N/M, no steps are taken to argue the N/M and the plaintiff remained absent.
    Hence, in view of these reasons N/M No.3614/2019 stands dismissed in default.
    N/M No.3614/2019 is disposed off accordingly.
    Plaintiff is directed to register the suit till next date.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110509/2019
    Filing Date: 26-09-2019
    First Hearing Date: 18th October 2019
    Decision Date: 15th July 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jul 2023
    Order Details: Other
    Pdf Text: 15.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    St. 9654/2019. None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC present.
    It appears from the record that the N/M No.3614/2019 is pending since
    2019 but the plaintiff continuously remained absent. Inspite the matter
    was kept on 05/06/2023 for passing dismissal order of N/M, no steps
    are taken to argue the N/M and the plaintiff remained absent.
    Hence, in view of these reasons N/M No.3614/2019 stands dismissed in
    default.
    N/M No.3614/2019 is disposed off accordingly.
    Plaintiff is directed to register the suit till next date.
    Matter is adjd. to 03/10/2023 for written statement.
    Judge
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