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NOTICE OF MOTION

Mrs. Bismillah Waqar KhanVsMohammed Salim Rehmatulla Shaikh +2 more

CNR MHCC0101220120192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 15th July 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104459/2019
Registration Date
26 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Pandhare  for plaintiff present.
    Adv.   Thorat  for defendant present.
    On oral request of Ld. Adv. for defendant adjournment granted as a last chance .
    Adjd to 30-03-2020  for  NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Business: adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2020
    
    Date: 11-01-2021
    Business: Adv Rahul Thorat for deft present.
    Matter stands Adj for NM Reply to 15/02/2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv Aditya Modi for deft present.
    He seeks time to file reply to NM.  Granted.
    Matter stands Adj for NM Reply to 15/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv Dhirendra Bahadur Maurya (SA) appeared for plff.
    He filed VP for plff alongwith appointment letter. t.o.r. marked Exh. 07.
    Adv Thorat for defts present.
    He submitted that his written statement be treated as reply to NM.
    Matter stands Adj for NM Hearing to 26/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Due to covid-19, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Due to Covid-19 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv Dhirendra Mourya (SA) for plff present.
    Adv Rahul Thorat for deft present.
    Both parties are directed to remain present on next date.
    With consent of both parties, matter stands Adj for NM Hearing to 04/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Plaintiff present
    Adv Rahul Thorat for plaintiff present.
    Defendant and his advocate absent.
    As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 06.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 04-10-2021
    Business: Plaintiff present
    Adv Rahul Thorat for plaintiff present.
    Defendant and his advocate absent.
    As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 06.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv Dhirendra Mourya (SA) for plff present.
    He seeks time for NM Hearing.  Granted.
    Adv Thorat for deft present.
    With Consent of both parties, matter stands Adj for NM Hearing to 13/06/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Plaintiff present.
    Advocate for plaintiff absent.
    Adv. Anjali Mishra for defendant present.
    Matter is adjd for n/m hearing to 25/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Plaintiff present and his advocate absent.
    She seek time for hearing. Time granted.
    Adv. Anjali Mishra for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 13/09/2022.
    Next Purpose: HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Plaintiff present and his advocate absent.
    She seek time. Time granted.
    Adv.  Anjali Mishra for defendant present.
    Defendant no. 2 and 3 present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 16/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Plaintiff present and his advocate absent.
    He seek time for hearing. Time granted.
    Adv. Thorat for defendant present.
    Defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 10/01/2023.
    Next Purpose: HEARING
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Plaintiff present and her advocate absent.
    She seek time for hearing. Time granted.
    Adv. Rahul Thorat for defendant present.
    Matter adjourned for hearing to 15/03/2023.
    Next Purpose: HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Plaintiff present and her advocate absent.
    She seek time for hearing. Time granted as last chance.
    Adv.  Thorat for defendant present.
    Matter adjourned to 19/06/2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: As P.O. is on leave, board discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 20-07-2023
    
    Date: 19-06-2023
    Business: As P.O. is on leave, board discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: P. O. is on Leave. Hence matter adjd.
    Next Purpose: HEARING
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Advocate Ms. Lavanya Vallakati h.f Advocate  Shashikant Chandak (DLSA) for plaintiff present and seeks time. O- Granted.
    Advocate Ms.Remedious for defendant present.
    Matter adjourned for hearing on 04.10.2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 31-08-2023
    Business: Advocate Ms. Lavanya Vallakati h.f Advocate  Shashikant Chandak (DLSA) for plaintiff present and seeks time. O- Granted.
    Advocate Ms.Remedious for defendant present.
    Matter adjourned for hearing on 04.10.2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 08-11-2023
    
    Date: 04-10-2023
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Plaintiff present.
    Advocate Ms. Shruti Chavan h.f. Advocate R.D. Thorat for defendant present.
    Court is busy in dictating order in MH Petition No.
    113/2023, hence board is discharged and matter is
    adjourned.
    Matter adjourned for hearing on 03.01.2024.
    Next Purpose: HEARING
    Next Hearing Date: 03-01-2024
    
    Date: 08-11-2023
    Business: Plaintiff present.
    Advocate Ms. Shruti Chavan h.f. Advocate R.D. Thorat for defendant present.
    Court is busy in dictating order in MH Petition No. 113/2023, hence board is discharged and matter is adjourned. Matter adjourned for hearing on 03.01.2024.
    Next Purpose: HEARING
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Plaintiff present.
    Advocate Ms. Anjali Mishra h.f. Advocate R.D. Thorat for defendant present and filed reply to NM 4459/2019. Copy given to plaintiff.
    Matter adjourned for hearing on 05.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2024
    
    Date: 03-01-2024
    Business: Plaintiff present.
    Advocate Ms. Anjali Mishra h.f. Advocate R.D. Thorat for defendant present and filed reply to NM 4459/2019. Copy given to plaintiff.
    Matter adjourned for hearing on 05.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: Advocate Ms.Manasi Thakur h.f. Advocate Shashikant Chandak for plaintiff present and seeks time for hearing on NM. O- Granted.
    Advocate  Mr. R.D. Thorat for defendant present.
    Matter adjourned for hearing on 18.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 05-02-2024
    Business: Advocate Ms.Manasi Thakur h.f. Advocate Shashikant Chandak for plaintiff present and seeks time for hearing on NM. O- Granted.
    Advocate  Mr. R.D. Thorat for defendant present.
    Matter adjourned for hearing on 18.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: Plaintiff present.
    Advocate Ms. Ruchi N. Nagda i/b Shashikant D. Chandak (S/A) for plaintiff present.
    Advocate Mr.R.D. Thorat for defendant present.
    At the request of plaintiff matter is adjourned.
    Matter adjd to 19.06.2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: Advocate Siddhesh Kochare h.f. Chandak for Plaintiff present and seeks time. O- Granted as a last chance.
    Advocate Thorat for defendant present.
    Matter is adjourned for NM hearing / Rejoinder on 12.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2024
    
    Date: 19-06-2024
    Business: Advocate Siddhesh Kochare h.f. Chandak for Plaintiff present and seeks time. O- Granted as a last chance.
    Advocate Thorat for defendant present.
    Matter is adjourned for NM hearing / Rejoinder on 12.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: Plaintiff present.
    Advocate Ms.  Ruchi N. Nagda  i/b Advocate Shashikant Chandak for plaintiff present and seeks time.                            O- Granted.
    Advocate Mr. Thorat for defendant present.
    Matter is adjourned for NM hearing on 16.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 12-08-2024
    Business: Plaintiff present.
    Advocate Ms.  Ruchi N. Nagda  i/b Advocate Shashikant Chandak for plaintiff present and seeks time.                            O- Granted.
    Advocate Mr. Thorat for defendant present.
    Matter is adjourned for NM hearing on 16.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2025
    
    Date: 16-10-2024
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2025
    
    Date: 14-01-2025
    Business: Plaintiff present.
    Advocate Shashikant Chandak (DLSA) for plaintiff present.
    Advocate Shruti Chauhan h.f. R.D. Thorat for defendant present.
    Later on at 3.30 P.M.
    Advocate Mr. R.D. Thorat for defendant present.
    Both the parties seeks time for settlement. O- Granted.
    Matter is adjourned for Settlement on 25.02.2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-02-2025
    
    Date: 14-01-2025
    Business: Plaintiff present.
    Advocate Shashikant Chandak (DLSA) for plaintiff present.
    Advocate Shruti Chauhan h.f. R.D. Thorat for defendant present.
    Later on at 3.30 P.M.
    Advocate Mr. R.D. Thorat for defendant present.
    Both the parties seeks time for settlement. O- Granted.
    Matter is adjourned for Settlement on 25.02.2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: Advocate Ruchi Nagda i/b Shashikant Chandak for plaintiff present and seeks time. O- Granted.
    Advocate Mr. R.D. Thorat for defendant present.
    Matter is adjourned for NM hearing on 22.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2025
    
    Date: 22-04-2025
    Business: Advocate Mr. Shashikant Chandak for plaintiff present and seeks time to take necessary steps to amend the plaint. O- Granted.
    Advocate Mr. R.D. Thorat for defendant present.
    Matter is adjourned for NM hearing on 16.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: Court is vacant, hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2025
    
    Date: 17-12-2025
    Business: Advocate Kajal Mate h.f. Advocate Shashikant Chandak for plaintiff is present. She seeks time for hearing on NM.                    O- Granted strictly as a last chance.
    Advocate Anjali Mishra for defendant is present.
    Matter adjourned to 09.02.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: Plaintiff is present.
    None for plaintiff is present.
    Advocate Shruti Chavan h/f R.D Thorat for defendant is present.
    Kept Back
    Later on At 5.09 PM.
    ORDER
    Perused the Notice of motion. I have perused entire record keenly.  The Learned Advocate for Defendant submitted that matter is very old and NM is pending from last more than six years. He further submitted that the plaintiff is not willing to with this NM and prayed to dismissed the same. The Record also shows that plaintiff is not proceeding with this NM since long. Thus the present Notice of Motion bearing No. 4459 of 2019 is tagged alongwith the main suit and disposed off accordingly.
    Matter adjourned to 07.04.2026 for filling evidence of affidavit.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-03-2026
    
    Date: 17-03-2026
    Business: (BY PRAECIPE)
    (NOT ON BOARD - TAKEN ON BOARD)
    Advocate Chetan Chavan for plaintiff is present and filed praecipe for  taking the matter on todays board. TOR and marked as Exhibit-7. O- Allowed.
    He tendered draft Notice of Motion alongwith affidavit in support. TOR. O- Leave is granted to register. He is directed to serve copy to other side.
    He filed Vakalatnama on behalf of plaintiff. TOR and marked as Exhibit-8. O- Filed.
    Matter is already adjourned to 07.04.2026 for filling evidence of affidavit and tendering registered NM and NM Service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-04-2026
    
    Date: 07-04-2026
    
    Date: 08-04-2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2026
    
    Date: 07-07-2026
    Business: Plaintiff in person is present and filed adjournment application of adjournment.TOR and mark Exh.9 O- Granted
    Advocate Aditya Rai i/b Rahul D. Thorat for defendant is present.
    Matter adjourned to 13.07.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2026
    
    Date: 13-07-2026
    Business: Advocate Mr.Bhusang Mene (Legal Aid advocate) for plaintiff is present. He filed written arguments to N/M no. 4459/2019. TOR.
    Advocate Mr. R.D. Thorat for defendant is present. He filed pursis TOR and marked as Exhibit-__ stating that his Written statement and the documents alongwith W.S. be treated as argument to N/M.
    Matter adjourned to 14.07.2026 for NM Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-07-2026
    
    Date: 14-07-2026
    Business: None for plaintiff is present.
    Advocate Jitendra Patel h.f R.D. Thorat for defendant is present.
    Kept back
    Later on at 5.30 P.M.
    Advocate Jitendra Patel h.f R.D. Thorat for defendant is present and submits that his W.S may be treated as argument.
    Matter adjourned to 15.07.2026 for NM Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-07-2026
    
    Date: 15-07-2026
    Business: None for plaintiff is present.
    Advocate Jitendra Patel h.f. R.D. Thorat for defendant is present.
    FRSR following order is passed-
    ORDER
    Notice of motion No. 4459 of 2019 is Dismissed and disposed of, for the reasons separately recorded.
    Matter adjourned to 13.08.2026 for draft issues.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113037/2019
    Filing Date: 26-11-2019
    First Hearing Date: 13th January 2020
    Decision Date: 15th July 2026
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jul 2026

    Order Details: Notice of Motion Pdf Text: 1 NM 4459-19 MHCC010122012019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO.4459 OF 2019 IN SUIT NO. 1362 OF 2018 Bismillah Waqar Khan … Plaintiff V/s Mohd. Salim Rahimtullah Shaikh and Ors. … Defendants Appearances : None for plaintiff. Adv. Jitendra Patel h/f Adv. R.D. Thorat for defendants. CORAM : D. R. DESHPANDE JUDGE, (C.R.NO.02) DATE : 15th JULY, 2026 ORDER 1. This Notice of Motion has been taken…

    Read Full Order

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