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NOTICE OF MOTION

Najmuddin Gulamali AttharVsThe MCGM

CNR MHCC0101007520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103707/2019
Registration Date
03 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1The MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Advocate for plaintiff present.
    Advocate Vyavahare for defendant/BMC present.
    Ld. Adv. for defendant requested for time.- Granted.
    Adjourned for reply on N/M 18/03/2020.
    Next Purpose: REPLY
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As court is on leave. Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: None for plaintiff.
    Adv. for Def/BMC Present.
    Adjourned for reply to 21/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: As court is busy in Order on NM No.1451/2021 in
    Suit no.  1373/2021, Hence other morning board is discharged.
    Hence, Matter adjourned for WS to 08/09/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv. absent for plaintiff.
    Adv. Soraan present  for MCGM/defendant.
    Plaintiff and his adv. are absent, hence, Matter adjourned for
    Written statement to. 10/11/21
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. diwate present for MCGM/defendant.
    As plaintiff and his adv. absent,
    Matter adjourned for Ws to. 23/12/21.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: as court is busy in dictating in order on chs. no. 452/17 in suit no. 1659/09  and on ad-interim relief as to draft nm in suit no. 2562/21 hence remaining board is discharged and matter is adjd. to 19/02/22.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-02-2022
    
    Date: 19-02-2022
    Business: This matter is inadvertently on today''s board. Today is holiday as to Chatrapati Shivaji Maharaj Jayanti,  Hence the matter is adjd. to Monday.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None present for plaintiff.
    Adv. Soraan present  for MCGM/defendant.
    Matter adjourned for WS on 23-03-2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Court is busy in urgent hearing matters i.e. Suit No. 1551 of 2022, Suit No. 1203/2009, Suit No. 1566/2022 and hearing SC No. 259 of 2020 and order dictating in Suit No. 60/2015 and Suit No. 96/2015 hence, for want of time  board discharged.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Court is busy in judgment dictating in Suit No. 1493 of 2018. Hence want of time board is discharged
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Matter is adjd for W/S on 15-02-2023
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: As Court is busy in urgent hearing in Stamp No. 1814 of 2023 and dictating Judgment in Suit No. 2300 of 2009 and other order matters i.e. Stamp No. 1166 of 2023 and 1167 of 2023. Hence want of time matter is adjourned.
    Matter is adjd on 24-03-2023
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None for Plaintiff present.
    Adv Pradeep M. Patil for defendant /MCGM present.
    Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and  SC No. 1405 of 2019.
    Matter is adjd for R/E on 07-07-2023
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    It appears from the record that NM No. 3707/19 is pending for hearing since long however, the plaintiff and his advocate remained absent. Hence, matter be kept for dismissal of NM No. 3707/19.
    Matter is adjd  to 18.08.2023 for dismissal of NM No. 3707/19.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 16.09.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Plaintiff present. His advocate is absent.
    None for defendant/MCGM.
    KB.
    L.o. at 3.50 p.m. Adv. Barot for plaintiff present.
    It appears from the record that the NM No. 3707/19 was duly served on the defendant on 09.10.2019 and inspite granting sufficient chance reply is not filed by the defendant/MCGM.
    Hence, NM No. 3707/19 is heard without reply of defendant/MCGM.
    Heard arguments of the Ld. Adv. for the plaintiff.
    Matter is adjd  to 20.09.2023 for passing order on NM No. 3707/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: None for plaintiff.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Steno is on leave and alternate staff/ steno not available. Hence, matter is adjourned for passing order on N/M No.3707/2019.
    Matter is adjd. to 13/10/2023 for order on NM No.3707/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-10-2023
    
    Date: 20-09-2023
    Business: None for plaintiff.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Steno is on leave and alternate staff/ steno not available. Hence, matter is adjourned for passing order on N/M No.3707/2019.
    Matter is adjd. to 13/10/2023 for order on NM No.3707/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Plaintiff present. His advocate is absent.
    Adv. Pradip Patil for MCGM present.
    FRSR the following order is passed -
    Order on NM No. 3707 of 2019
    1. Notice of Motion No.3707 of 2019 is allowed.
    2. The order of dismissal of Notice of Motion No.4976 of 2015 dt.09/09/2019 is hereby set aside and the Notice of Motion No.4976 of 2015 is restored to its original stage.
    3. The plaintiff is directed to expedite the hearing of Notice of Motion No.4976 of 2015 so as to decide the same on merits.
    4. Notice of Motion stands disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110690/2019
    Filing Date: 03-10-2019
    First Hearing Date: 20th November 2019
    Decision Date: 13th October 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Oct 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.3707 of 2019 CNR:MHCC01-010075-2019 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.3707 OF 2019 IN L.C. SUIT NO.2952 OF 2015 Najmuddin Gulamali Atthar .. Plaintiff V/s. The Mumbai Municipal Corporation of Greater Mumbai .. Defendant Appearance:- Adv. D.A. Barot for plaintiff. None for defendant/MCGM. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M. MISHRA CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE : 13/10/2023. ORDER This Notice…

    Read Full Order

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