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NOTICE OF MOTION

Abdul Razak Abdulkarim BachuVsShahnaz Bi D/o. Abdul Karim Bachu And Ors.

CNR MHCC01011064201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 06th September 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104013/2019
Registration Date
02 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 16-11-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Matter is called out at 3.22pm
Adv.Adv.Jafar Z.Khan h/f Abdul Razzaq Abdul Karim Bacchu for plaintiff present filed reply on N/M No.4013/19.T.O.R
Copy serve to the other side.
Adv.D.N.Dhamal for defendant present.
Matter is adj to 15/02/2020 for N/M hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Matter is called out at 3.15 p.m.
Adv. Abdul Rab for pltff present.
Adv M. N. Dhamal for Defendant nos 2, 3, 4 and 6 present and tender rejoinder.  O- TOR.  Parties are directed to argue the matter on next date without fail.
Matter is adj to 17/03/2020 for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: In view of the advisory to subordinate courts and office order no. 66/2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of corona virus (2019-Ncov).
None present.
Matter is adj to 30/04/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: Due to Covid-19
None present.
Matter adj to 04/08/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present.
Matter is adj to 02/02/2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv for plaintiff present. He submitted that say filed on N.M. be treated as his argument.
Defendant and advocate absent.
Matter adjd for hearing on N.M. on 12/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present.
Matter adj for NM hearing on 02.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: None for plaintiff present.
Adv. Dhaman for defendant no. 2,3,4,6 present..
Matter is adjd.to 08.06.2023 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
KB
LO at 12.20 p.m.
Adv. Mohan Dhamal present for defendant nos.02 to 04.
Matter is adjd. for taking steps to 13.07.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. M. M. Dhamal present for defendant and sought time to file reply to NM no.4013/2019. O- Granted as a last chance.
Matter is adjd. for NM reply to 22.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. M. M. Dhamal present for defendant nos.02 to 04 and 06 and sought time to amend the prayer in NM no.4013/2019 .
Matter is adjd. for taking steps to 06.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: None present for plaintiff.
Adv. M. N. Dhamal present for defendant nos.02 to 04 and 06.
Heard adv. for defendant nos.02 to 04 and 06 on NM no. 4013 of 2019 and perused reply affidavit of plaintiff filed on 06.01.2019. In the same affidavit plaintiff has submitted to treat  the same as his argument. Plaintiff strongly opposed the Notice of Motion on the grounds that adv. for defendant sought many adjournment and earlier also no cross order was set-a-side and therefore Notice of Motion be dismissed. Upon perusal of record it appears that after setting a side no cross order on 18.09.2017 cross examination of plaintiff was partly recorded and then on some dates plaintiff remained absent and on some dates adv. for defendants sought adjournment. Plaintiff is senior citizen and considering his physical condition, no cross order was passed on 19.09.2019 which sought to be set a side. Considering the physical condition of plaintiff and nature of suit  no cross order needs to be set-a-side with heavy costs in view of the second order of no cross examination passed against defendants. Hence I passed following order.
Order
1) Notice of Motion no.4013 of 2019 is allowed in terms of prayer clause (a) subject to costs of Rs.1,500 to be paid or deposited in court within 15 days from today.
2) Adv. for defendant nos.02 to 04 and 06 is directed to complete the cross-examination in 2-3 sessions without fail subject to presence of plaintiff PW.01.
3) Notice of Motion no.4013 of 2019 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-09-2023

Additional Case Details

Additional Case Details
Filing Number: 111793/2019
Filing Date: 02-11-2019
First Hearing Date: 16th November 2019
Decision Date: 06th September 2023
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
06 Sept 2023

Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104013/2019 Abdul Razak Abdulkarim Bachu Vs Shahnaz Bi D/o. Abdul Karim Bachu And Ors. Date : 06-09-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) None present for plaintiff. Adv. M. N. Dhamal present for defendant nos.02 to 04 and 06. Heard adv. for defendant nos.02 to 04 and 06 on NM no. 4013/2019 and perused reply affidavit of…

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