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NOTICE OF MOTION

Benazir Abdul Aziz ShaikhVsMrs. Roksana S. Shaikh

CNR MHCC01012815201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st February 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104694/2019
Registration Date
07 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Benazir Abdul Aziz Shaikh

    Respondent

    1. 1Mrs. Roksana S. Shaikh

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-12-2019
Business: Advocate Ms. Manisha Jaiswar for Plaintiff present.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 03/03/2020.
L.O.
Advocate for Plaintiff present and filed affidavit of service along with original Notice of Motion no.4694/19 with affidavit in support t.o.r.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 01/07/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 01-07-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2020

Date: 02-09-2020
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 16/02/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present for both the parties.
Bailiff report shows that deft had refused to accept the service of notice of motion and she had not allowed the bailiff to affix copy of Notice of Motion at the outer door of her house. Bailiff report is not supported by any panchanama. Plff to take steps to serve to deft properly.
Matter is adjd. for taking steps to 29.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for both the parties.
Despite direction given on 16.02.2021, plff has not taken steps to serve the deft properly with N.M.No.4694/2019 and the writ of summons hence, matter is adjd. for order to 09.12.2021.
Judge
Next Purpose: ORDER
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: None present for both parties.
Despite direction given on 16.02.2021, plff has not taken steps to serve the deft properly with NM and writ of summons hence, matter be kept for dismissal order.
Matter is adjd. for dismissal order to 21.02.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for plff.
None present for deft.
KB
LO at 4.40 p.m.
None appeared for both the parties despite keeping back the matter till 4.40 p.m.
Despite directions, plaintiff has not served the defendant properly with Notice of Motion No.4694 of 2019.
Roznama shows that nobody has attended the matter for and on behalf of the plaintiff on any date after 16/12/2019. Nobody appeared for the plaintiff today also hence, Notice of Motion No.4694 of 2019 is dismissed in default for want of prosecution.
Matter be kept for service of writ of summons on next date.
Matter is adjd. for service of writ of summons to 02/05/2022.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113619/2019
Filing Date: 07-12-2019
First Hearing Date: 16th December 2019
Decision Date: 21st February 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Feb 2022
    Order Details: Notice of Motion
Pdf Text: 21/02/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
2
SU 3097/19
None present for plff.
None present for deft.
KB
LO at 4.40 p.m.
None appeared for both the parties despite keeping back the matter
till 4.40 p.m.
Despite directions, plaintiff has not served the defendant properly
with Notice of Motion No.4694 of 2019.
Roznama shows that nobody has attended the matter for and on
behalf of the plaintiff on any date after 16/12/2019. Nobody appeared
for the plaintiff today also hence, Notice of Motion No.4694 of 2019
is dismissed in default for want of prosecution.
Matter be kept for service of writ of summons on next date.
Matter is adjd. for service of writ of summons to 02/05/2022.
Judge
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