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NOTICE OF MOTION

Mrs. Rehamunissa W/o Shahid Ali SayyedVsMr. Wajid Ali Sayyed S/o. Shahid Ali Sayyed

CNR MHCC0101028620192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th October 2019

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103814/2019
Registration Date
11 Oct 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Mrs. Rehamunissa W/o Shahid Ali Sayyed

Respondent

  1. 1Mr. Wajid Ali Sayyed S/o. Shahid Ali Sayyed

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 11-10-2019
Business: Adv. Avnendra Kumar for plaintiff present.
Adv. Bhushan Vardhaman for defendant present.
Plaintiff present.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
       Perused draft notice of motion, affidavit in support of it, reply of plaintiff and roznamas.  Heard respective counsel for parties.
       Draft notice of motion is taken out by defendants to set aside order dated 07.09.2019 and to take their reply to notice of motion on record.  It is contended that defendants could not file their reply to notice of motion due to paucity of time and  being out of town for marriage function of their relatives, they could not contact their advocate and instruct him to file reply. Accordingly, they prayed in above terms.
       Plaintiff opposed draft notice of motion on the count that it is not supported by any document and prayed for dismissal of notice of motion.
       It appears that defendants through their advocate appeared in the matter on 17th July, 2019 and thereafter matter was adjourned from time to time for reply for their reply to notice of motion No.2775 of 2019.  On 07.09.2019, notice of motion has been proceeded without reply against the defendants and it was posted for hearing on notice of motion to next date. On next date, defendants took out present draft notice of motion to set aside impugned order and to take their reply to notice of motion on record. This fact shows their bona fide.  May it be so, in the interest of justice and fair trial, I am of the view not to deprive defendants from contesting notice of motion on merits.  Therefore, I am inclined to allow draft notice of motion on certain costs.  Hence, pass following order
ORDER
1.Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1000/- by defendants to plaintiff within period of one week from the date of order.
Defendants are permitted to deposit costs payable to plaintiff in the Court.
2.  On payment of costs reply of defendants be taken on record.
Costs paid by the defendants to plaintiff.
Defendants have to file reply to notice of motion No.2775 of 2019 within one week.
Adjd for reply to 17.10.2019
Nature Of Disposal: ALLOWED
Disposal Date: 11-10-2019

Additional Case Details

Additional Case Details
Filing Number: 111129/2019
Filing Date: 11-10-2019
First Hearing Date: 11th October 2019
Decision Date: 11th October 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
11 Oct 2019

Order Details: Other Pdf Text: 11.10.2019 SU 1595/19 NM 2775/19 CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02) Adv. Avnendra Kumar for plaintiff present. Adv. Bhushan Vardhaman for defendant present. Plaintiff present. ORDER PASSED BELOW DRAFT NOTICE OF MOTION Perused draft notice of motion, affidavit in support of it, reply of plaintiff and roznamas. Heard respective counsel for parties. Draft notice of motion is taken out by defendants to set aside order dated 07.09.2019 and to take their reply to…

Read Full Order

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