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NOTICE OF MOTION

MOHAMMED AKBAR HASANVsMCGM And Anr.

CNR MHCC01011981201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th March 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104359/2019
Registration Date
23 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM And Anr.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-12-2019
    Business: Advocate Prathmesh Seth for plaintiff present and filed registered notice of motion no. 4359/19.
    Advocate Mhatre for defendant/MCGM, prayed for adjd to file reply.
    Adv. Muzafar Patel for defendant no.3 present.
    The case is adjourned to 07/01/2020 for reply on NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. for plaintiff absent.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Adv. Mr. Abhijeet Singh for deft no.3 present.
    Mr. Mohd. Akhatra Khan, son of plff, submit that his lawyer in not available, prayed for adjd.
    Matter is adjd. for NM reply on 05.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: By Precipe.
    Adv. Mr. Prathamesh Sheth for plff., tendered draft ch/s a/w affidavit- Leave is granted for registration r/o. 05.03.2020.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Exh.13- V/P of Adv. Mr. Joseph Fernandes filed by applicant.
    Matter is adjd. For ch/s reply 05.03.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Court is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National lockdown
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: adjd.to
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: Adjd. to
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-01-2021
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Prathamesh Shaikh for plaintiff present and filed regd CHS no. 372/2020. TOR.
    Adv. Mhatre for deft./MCGM present.
    Matter is adjourned for reply on 12.02.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Mr. Prathmesh Seth for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present.
    Adv. Mr. Mahesh Mishra I/b Mr. Basha for defendant no. 3 is present and filed vakalatnama at Exh.14. T.O.R.
    Heard both the sides on Ch/s No. 372/2020.
    Original plaintiff Mohammed Akbar is expired on 30.02.2020. Advocate for plaintiff has filed death certificate. The applicants are legal heirs of plaintiff. Chamber summons is filed within limitation.
    Hence, Chamber summons no. 372/2020 is made absolute in terms of prayer clause (b). Necessary amendment be carried within two weeks.
    Matter is adjourned for compliance/NM hearing to 31.03.21.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19 matter is adjourned to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: CORAM  H.H.J. SHRI. K. P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. No.11)
    None for plaintiff.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for NM hearing to 01.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Mr. Prathamesh Seth for plaintiff present.
    Adv. Mr. Khandagale for Defendant/MCGM present.
    Adv. for the defendant oral requested for time to file reply. Adjourned shortly.
    Adjourned for reply/NM hearing to 21/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present. He submitted that so far as this motion is concerned the suitable orders may be passed by this Court.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 16.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Mr. Prathamesh Seth for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Heard both the sides.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM order to 23.02.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Court busy in other urgent matters.
    Adjourned for NM order to 04.03.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: PO is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    KB LO at 5.47 pm.
    F.R.S.R. following order is passed on NM No. 4359/2019:
                               ORDER
    (i).  Notice of Motion No. 4359 of 2019 is made absolute in terms
           of prayer clause (a) only. Consequently, the Order dated
           19.09.2019, dismissing the Chamber summons No. 750/2017
           is set-aside, subject to payment of costs of Rs.3,000/- in favor
           of the DLSA, Mumbai, till the next date.
    (ii). The plaintiff is called upon to expedite the matter.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance/Ch/s hearing/NM hearing to 30.03.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112754/2019
    Filing Date: 23-11-2019
    First Hearing Date: 03rd December 2019
    Decision Date: 16th March 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Mar 2022

    Order Details: Notice of Motion Pdf Text: .1. NM No. 4359/2019 in CNR NO. MHCC010119812019 L.C. Suit No.931/2012. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4359 OF 2019. IN L.C. SUIT NO. 931 OF 2012. Arbunissa Akbar Hasan Khan and the Others. ... … PLAINTIFFS. V/s. MCGM and the Others. ...………........................ ... DEFENDANTS. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 16th March, 2022. APPEARANCES : Mr. Prathamesh Seth, Ld. Advocate for the…

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