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NOTICE OF MOTION

Mohd. Salim Fida Hussain ChohanVsZahiruddin Badruddin Momin

CNR MHCC0101022120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103761/2019
Registration Date
07 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mohd. Salim Fida Hussain Chohan

    Respondent

    1. 1Zahiruddin Badruddin Momin

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-11-2019
Business: Adv. Suraj Gaikwad for plaintiff present and filed original NM no. 3761/19 along with affidavit.
None present for defendant.
Matter stands Adj for reply to NM on 09.01.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Rushta Patel for plaintiff present.
None present for defendant.
Ld. counsel for plaintiff submitted that copy of NM served on defendant and undertakes to file affidavit of service on next date.
Matter stands Adj for filing affidavit of service to 25.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Mohammad Shoyeb for plaintiff present and seeks time to file affidavit of service. Time granted.
None present for defendant.
Matter stands Adj for affidavit of service to 09.04.2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: In view 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: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present.
The case is adjourned to 20.02.2021 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Advocate R.R.Dhikale h/f adv. Imtiyaz Patel for plaintiff present and seeks time to tender affidavit of service.
Time is granted as last opportunity.
The case is adjourned to 06.04.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 25.06.2021 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by 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: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Matter called out at 3.00 p.m.
None present.
Matter stands adjourned to 13.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Matter called out at 3.07 p.m.
None present.
Matter stands adjourned to 20.12.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None present.
Issue notices to the parties through bailiff/RPAD.
Matter stands adjourned to 07.03.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Matter called out at 12.58 a.m.
Adv. Mohammed Shoaib Shaikh I/b Imtiyaz Patel for plaintiff present upon the notices issued by this court. He is directed to deposit Rs.200/- as notice charges to PLA dept.
He tendered draft issues. TOR.
As the matter pertains to afternoon session, kept back.
Later on at 5.35 p.m.
Adv. Mohammed Shoaib Shaikh I/b Imtiyaz Patel for plaintiff present.
None present for defendant.
Court is busy in final hearing Suit No.594/08.
Matter stands adjourned to 22.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Court is on leave, Hence board is discharged. Matter adj. to next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None present.
Matter stands adjourned to 30.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Mohd. Shoaib Shaikh for plaintiff present. He submitted that he deposited Rs.200/- as notice charges to PLA Dept.
None present for defendant.
Put up for service.
Matter stands adjourned to 25.11.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: None present
Put up for NM dismissal.
Matter stands adjourned to 10.02.2023 for NM dismissal.
Later on at 3.53 p.m.
Adv. Mohd. Shoaib for plaintiff present.
Already adjourned to 10.02.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. G. B. Naik for plaintiff present. He is seeking time.
None for defendant.
Put up for dismissal.
Matter stands adjourned on 21.04.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Court is on Leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: As P.O.is on leave, matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Both parties absent.
Plaintiff failed to press the NM hence, NM 3761/2019 is dismissed for want of prosecution. NM No. 3761/2019 is disposed of.
Record reveals that defendant appeared in the suit on 10.12.2018, however he failed to file W.S in limitation, hence suit is proceeded without W.S. of defendant.
Nature Of Disposal: OTHER
Disposal Date: 16-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110730/2019
Filing Date: 07-10-2019
First Hearing Date: 08th November 2019
Decision Date: 16th October 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Oct 2023
    Order Details: Notice of Motion
Pdf Text: 16.10.2023
Sr. No. 67
SU 2307/2018
NM 3761/2019
CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
Both parties absent.
Plaintiff failed to press the NM hence, NM 3761/2019 is dismissed
for want of prosecution. NM No. 3761/2019 is disposed of.
Record reveals that defendant appeared in the suit on 10.12.2018,
however he failed to file W.S in limitation, hence suit is proceeded
without W.S. of defendant.
Matter stands adjourned on 16-01-2024 for evidence without W.S.
Judge
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