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NOTICE OF MOTION

Nasir Jamal Shaikh and Ors.VsMCGM And Anr

CNR MHCC0101261820195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104596/2019
Registration Date
04 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-12-2019
    Business: Matter is adjd to 10.01.2020 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Plaintiff and advocate are absent.
    Adv.Mr. Suryavanshi for defendant/MCGM present.
    Matter adjd to  06/02/2020 for reply on  n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Plaintiff and advocate absent
    Adv. Mrs. Rawade for the defendant  MCGM  present .
    KB
    L. O. at 03.01 p.m.
    Adv. Mr. A. R. Pande for plaintiff present and seeks time. Order- Granted time .
    Matter is adjd to 11/03/2020 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Plaintiff and Adv.  absent.
    Adv. Mr. Nandanwar for MCGM/deft present.
    N/M reply Cum Written Statement.
    K. B.
    L. O. at 02.45 p.m.
    Same appearance.
    Matter is adjd to 22/04/2020 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: COVID-19 LOCKDOWN.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-07-2020
    
    Date: 24-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi/Nandanwar present for MCGM/defendant.
    Matter adjourned for directions to 15.01.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for directions to 11.02.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for directions to 10.03.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: As court is on leave, hence matter is adjd to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to Covid-19 Matter is Adjourned to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: As court is busy in order on Chamber summons 377/2019 in Suit no. 2505/2011 and hearing urgent arguments in Suit No. 1600/2016 and in By Praciepe Suit St. No. 6122/21 hence, remaining board is discharged and matter is adjd. to.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv. Dubey present for plaintiff and sought adjournment.
    Adv. Vidya Vyavahare @ Adv. Bibhishan Sutar  present for MCGM/defendant.
    Matter adjourned for NM hearing to. 27/10/21
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: None present for plaintiff.
    Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
    As court is busy in dictating order on NM no. 2614/2021 in suit no. 2015/2021 hence, remaining board is discharged and Matter adjourned for nm hrg. to. 13/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. R.A. Dubey for plaintiff present and sought adjournment.
    Adv. Soraan for MCGM/defendant present.
    Matter adjourned for NM hearing to 11/02/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: The court is busy in hearing urgent matters i.e. St.No.3521/22 and High Court time bound matter Suit No.1923/19 and dictating orders i.e. Suit No. 2558/08, Suit No.2562/08, Suit No.788/22, Suit No.795/22, Suit No.759/22 hence, for want of time board discharged.
    Matter is already adjd for NM hearing on 24-06-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv.Dubey for Plaintiff present.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    On oral request made by adv for deft, short adjournment is granted as last chance
    Matter is adjd for  on 21-07-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv Dubey for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date
    Matter is adjd for NM hearing on 02-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: As Court is busy in judgment dictating in Suit No. 1203 of 2009 and order dictating in Suit No. 1586 of 2022 and Suit No.687 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 15-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: As Court is busy in urgent hearing in Stamp No. 1814 of 2023 and dictating Judgment in Suit No. 2300 of 2009 and other order matters i.e. Stamp No. 1166 of 2023 and 1167 of 2023. Hence want of time matter is adjourned.
    Matter is adjd on 27-03-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: As per Office order dtd. 24.03.2023 Hon\''ble Presiding Officer is going for visit to Observation Homes and Children\''s Home in Bombay District. Hence, want of time board is discharged.
    Matter is adjd for NM hearing on 21-06-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. Shobhit Shukla for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 02.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Deepanjali Mishra h/f Adv. A. R. Pandey for plaintiff present.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 11/09/2023 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 02-08-2023
    Business: Adv. Deepanjali Mishra h/f Adv. A. R. Pandey for plaintiff present.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 11/09/2023 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to  30.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 10.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 05.02.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Vyavahare h/f Adv. Pradip Patil for defendant/BMC present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 11.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 15.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: The P.O. is on leave. hence, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 29.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM present.
    Matter is adjd  to 26.08.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM present.
    Matter is adjd  to 04.10.2024 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 18.11.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM present.
    Matter is adjd  to 08.01.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: None for Plaintiff.
    Adv. Nadanwar for MCGM present.
    Notice of Motion is of the year 2019 so as of last chance time is granted.
    Matter is adjd  to  10-02-2025  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: Adv. Pathak h/f Adv. A. R. Pande for Plaintiff present.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    NM No. 4596/19 is pending since long but plaintiff has failed to proceed with. Hence, notice of motion be kept for dismissal order on next date.
    Matter is adjd  to 15.03.2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
        Vide order Dtd. 10.02.2025 present notice of motion is kept for dismissal order. Notice of motion is of the year 2019, means five years old and continuously kept for hearing. Therefore, taking into consideration reluctant attitude of the plaintiff, I think it that notice of motion is liable to be dismissed for want of prosecution so in the result following order is passed -
       Notice of motion No. 4596 of 2019 is dismissed for want of prosecution and accordingly disposed of.
    Matter is adjd to 18.06.2025 for written statement.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 113473/2019
    Filing Date: 04-12-2019
    First Hearing Date: 05th December 2019
    Decision Date: 15th March 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Mar 2025
    Order Details: Other
    Pdf Text: 15.03.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 3176/19
    NM 4596/19
    None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
    Vide order Dtd. 10.02.2025 present notice of motion is kept for
    dismissal order. Notice of motion is of the year 2019, means five years
    old and continuously kept for hearing. Therefore, taking into
    consideration reluctant attitude of the plaintiff, I think it that notice of
    motion is liable to be dismissed for want of prosecution so in the result
    following order is passed -
    Notice of motion No. 4596 of 2019 is dismissed for want of
    prosecution and accordingly disposed of.
    Matter is adjd to 18.06.2025 for written statement.
    Judge
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