NOTICE OF MOTION
Kafil Ahmed Laik Ahmed ShaikhVsVakil Ahmed Laik Ahmed Shaikh
CNR MHCC0101146120191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 06th September 2022
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 104187/2019
- Registration Date
- 13 Nov 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 05-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 16.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Khan for plaintiff present.
None for deft.
The matter is adjd for N/M reply to 15.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Bushra Khan h/f. Adv. Wasim Khan for plaintiff present.
Deft. present.
Application for time to file reply and written statement filed by deft. T.O.R.
ORDER BELOW EXH.8
On perusal of record, it appears that the deft. was given time to file written statement on 09.03.2020 and the date was fixed for filing written statement by deft. on 26.03.2020 but at that time, lock-down was imposed and the Courts were not regularly functioning. Subsequently after lifting of the partial lock-down, the restricted entries were given to the litigants. In view of the same, the application needs consideration. Hence, allowed. Granted as a last chance to the deft. to file reply and written statement.
The matter is adjd for reply and written statement to 22.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Wasim Khan for plaintiff present.
Adv. Kamlesh Mishra for deft. present and filed vakalatnama on behalf of def. Tor and marked at Exh. 9 O- Seen and filed.
Ld. Counsel for the defendant seeks time to file reply and w.s. The defendant for the first time appeared in the matter on 09.10.2019 since then he has not filed the w.s. and reply. On last date considering the situation of Pandemic and lockdown he was granted an opportunity by way of last chance. Despite of that the defendant fail to file w.s. and reply. Hence suit to proceed without w.s. of defendant and NM to proceed without reply of Defendant.
The matter is adjd for NM hearing to 25.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 12/07/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Adv. Wasim Khan for plff present.
Adv. Kamlesh Mishra for deft present. Tendered two draft notice of motion. Leave granted to resister the nm. Adv.for deft also filed written statement with reply to NM
Matter adjd.to 31/08/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None for plff.
Adv. Kamlesh Mishra for deft is present and tendered original registered NM No. 1582/21 and NM No. 1583/21. T.O.R.
Matter adjd for NM reply on 08.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Wasim Khan for plaintiff is present.
Adv. Mishra for defendant is present.
Order below NM No. 1582/21
Perused the notice of motion which is supported by an affidavit of defendant. Heard Ld. Adv.of both the sides. I have also perused the order passed by my Ld. Predecessor dtd. 22.03.2021. It is the matter of record that the previous lawyer of defendant has withdrawn the vakalatnama on 09.03.2020 and thereafter due to Covid -19 pandemic the Courts were closed and started functioning from January 2021. It is also the matter of record that no regular Courts were started and again due to the second wave from March 2021 there was lock down. In my opinion the genuine reasons are mentioned in paras no. 3 to 9 of the affidavit in support of notice of motion for granting an opportunity to the defendant to contest the suit on merits. The plaintiff and defendant are herein are real brothers and dispute is with regard to residential/commercial premises. Thus considering overall circumstances, and in the interest of Justice the order dtd. 22.03.2021 needs to be set aside. Hence, I pass the following order-
ORDER
Notice of Motion No. 1582/21 is allowed and made absolute in terms of prayer clause (a) and (b) with a direction that the written statement which is already placed on record be taken on record and marked as Exh.10 and defendant to supply the copy of written statement and notice of motion reply to the plaintiff today itself.
Order below NM No. 1583/21
Perused the notice of motion which is supported by an affidavit. Heard both the sides. In consonance of the order passed by Hon\''ble Apex Court in su moto writ petition no. 3/2020, as the period which was expired in pandemic lock down, the so called delay as mentioned needs to condoned in the interest of Justice. Hence, I pass the following order-
ORDER
Notice of Motion No. 1583/21 is allowed and made absolute in terms of prayer clause (a). Notice of Motion is disposed of accordingly.
Copy of reply and WS served upon other side.
Plaintiff is present.
The dispute herein is between two real brothers regarding the commercial/ residential premises. Considering the nature of the dispute, I am of the opinion that parties to the suit may be benefited if referred it to mediation. Both parties and advocates have consented for mediation. Hence, as per Section 89 of the CPC, this matter is referred to mediation. Parties are directed to attend District Mediation Centre on 15.11.2021 at 2.00 p.m.
Matter adjd for Mediators report on 28.01.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 03/03/2022 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: None for pltff.
Adv. Kamlesh Mishra for deft present.
Pltff present.
Matter is adjd to 27/06/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: P.O. is on leave. Matter adjd to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Wasim Khan for plaintiff is present.
Defendant is present.
Letter a/w mediation report received from mediation centre that the matter is not settled t.o.r marked as Exh.11 and Exh.12.
Order below NM No. 4187/19
The Ld. Adv.for plaintiff not pressed the NM No. 4187/19.
Hence, its stands disposed of as not press.
Nature Of Disposal: OTHERWISE
Disposal Date: 06-09-2022Additional Case Details
Additional Case Details
Filing Number: 112202/2019 Filing Date: 13-11-2019 First Hearing Date: 05th December 2019 Decision Date: 06th September 2022 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Final Order 206 Sept 2022
06 Sept 2022
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104187/2019 Kafil Ahmed Laik Ahmed Shaikh Vs Vakil Ahmed Laik Ahmed Shaikh Date : 06092022 Business : Adv. Wasim Khan for plaintiff is present. Defendant is present. Letter a/w mediation report received from mediation centre that the matter is not settled t.o.r marked as Exh.11 and Exh.12. Order below NM No. 4187/19 The Ld. Adv.for plaintiff not pressed the NM No. 4187/19. Hence, its stands disposed of as not press. Nature of Disposal : OTHERWISE Disposal Date : 06092022 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
Final Order 106 Sept 2022
06 Sept 2022
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104187/2019 Kafil Ahmed Laik Ahmed Shaikh Vs Vakil Ahmed Laik Ahmed Shaikh Date : 06092022 Business : Adv. Wasim Khan for plaintiff is present. Defendant is present. Letter a/w mediation report received from mediation centre that the matter is not settled t.o.r marked as Exh.11 and Exh.12. Order below NM No. 4187/19 The Ld. Adv.for plaintiff not pressed the NM No. 4187/19. Hence, its stands disposed of as not press. Nature of Disposal : OTHERWISE Disposal Date : 06092022 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
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