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NOTICE OF MOTION

Mrs. Kiran Sandeep MandavkarVsMr. Firoz Sarvar Khan

CNR MHCC01011676201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd December 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104264/2019
Registration Date
16 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: 11-12-2019
Business: None present for the plff.
Adv. Ms. S. Disa present for the deft.
Ld counsel for the Deft filed registered NM 4264/19. t.o.r.
Adj. For Service affidavit on 07/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: None for plaintiff
Adv. D\''sa for defendant filed service affidavit of NM 4264/19.
It reveals from the Affidavit of service of NM that the NM has been served on the plaintiff\''s advocate on 11-11-2019. However, it has not been served on the plaintiff in person.
It may be noted that the suit has been already disposed and it is not the contention that execution proceeding has been already filed. In these circumstances, the notice ought to have been served on the plaintiff in person. Hence, the defendant to serve the NM on the plaintiff in person.
Adjd for service to 07-03-2020
Next Purpose: SERVICE
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: None for plaintiff.
Adv. D\''sa for defendant filed service affidavit @ RPAD postal receipt and track report which shows that the notice of motion has been served on the plaintiff on 22.02.2020. However, the plaintiff did not appear and file the reply to NM. Hence, the NM to proceed in absence of the plaintiff and without reply of the plaintiff.
Adjd for NM Hearing to 08-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None present.
Adjd to 26-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: None present for both parties.
Matter is adjd to 11.11.2021 for NM hearing.
LO
None present for the plaintiff.
Matter is already listed for NM hearing. Both parties are
 directed to argue on 29.10.2021. If plaintiff fails to argue
matter will be decided on merits.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None present for the plaintiff.
Adv Ms.Shah present for the defendant.
Matter is adjd to 13.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None for plaintiff.
Adv. Sakshi Agarwal  h/f Adv. Bipin Joshi for the defendant present.
KB
L.O. 03.00 p.m.
Adv.  S. R. Yadav for the plaintiff present.
Adv. Bipin Joshi for the defendant present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.
The plaintiff has filed draft NM with request to set aside the order dated 07/03/2020 and allow him to file repy to NM No.4264/2019. The defendant has no objection to allow the NM. Accordingly,  plaintiff is permitted to file reply. Draft NM is disposed of. NM be registered for statistical purpose only.
Advocate for the plaintiff  filed reply to NM No.4264/2019 t.o.r.
Matter is adjd. to 22/12/2021 for NM No.4264/2019 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv. S.R. Yadav for plaintiff present.
Adv. Agarwal for defendant.
In roznama dated 13.12.2021 the NM No. 3294/2021 is already disposed of.
Therefore office is directed to remove it from CIS.
Heard argument on NM No. 4264 of 2019 of both sides.
Adjourned for order on NM to 23.12.2021
Next Purpose: NM  ORDERS
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Adv. S.R. Yadav for plaintiff is present.
Adv.  Sakshi Agarwal for defendant is present.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.4264 of 2019 stands dismissed.
2.  Notice of Motion No.4264 of 2019 is accordingly disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 23-12-2021

Additional Case Details

Additional Case Details
Filing Number: 112410/2019
Filing Date: 16-11-2019
First Hearing Date: 11th December 2019
Decision Date: 23rd December 2021
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
23 Dec 2021

Order Details: Notice of Motion Pdf Text: NM No.42642019 ORDER 1 MHCC010116762019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.4264 OF 2019 IN SUMMARY SUIT NO.1109 OF 2018 Mrs. Kiran Sandeep Mandavkar … Plaintiff Vs. Mr. Firoz Sarvar Khan … Defendant Appearances: Adv. Mr.S.R.Yadav for plaintiff. Ld.Adv. Agarwal for Defendant. CORAM : HER HONOUR ADHOC JUDGE SMT. C.V. PATIL (C.R.NO.15) DATE : 23rd December 2021 ORDER 1. This Notice of Motion is filed by defendant with…

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