NOTICE OF MOTION
Tahira BanuVsAkhlaq Rasool Shaikh
CNR MHCC01012850201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th March 2024
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 104702/2019
- Registration Date
- 09 Dec 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 09-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Advocate Mr. Yadav for Plaintiff present
None present for Defendant.
Case is adjourned to 23/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Business: due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020
Date: 10-09-2020
Business: due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 22/02/2021 for Notice of Motion reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv Ms.Sinead Remedios h/f Adv Mr. B.P. Shukla for plff present.
None resent for deft.
Despite granting more than sufficient time, deft failed to file reply to NM No.4702/2019 hence, said NM to proceed without reply of the deft.
Earlier order if any to continue till next date.
Mater is adjd. for NM hearing to 04.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 28-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present for both parties.
As nobody is present for plff, N.M.No.4702/2019 be kept for NM dismissal order on next date.
Matter is adjd. for NM dismissal order to 04.12.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv Mr. J.S.Yadav present for plff. and requested to remove the matter from NM dismissal caption.
None present for deft.
As nobody is present for the deft, on request of adv. for the plff, matter be removed from NM dismissal caption. On request of adv. for plff, matter is adjd. for NM hearing ot 25.01.2022.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Advocate J.S. Yadav present for the plaintiff.
None present for the defendant.
As nobody is present for the defendant, considering the present Pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage till next date.
On request of advocate for the plaintiff, earlier interim order to continue till next date.
Matter adjourned for NM hearing to 28.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 25-01-2022
Business: Advocate J.S. Yadav present for the plaintiff.
None present for the defendant.
As nobody is present for the defendant, considering the present Pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage till next date.
On request of advocate for the plaintiff, earlier interim order to continue till next date.
Matter adjourned for NM hearing to 28.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: (Matter pertains to CR-62)
Adv.Shri. Pradeep Shukla for plaintiff present.
None present for the defendant.
Matter is adjd. for NM hearing to 14.06.2022.
Earlier order continue till next date if any.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv.Sunita Dubey h/f Adv.Shukla ,a for plaintiff present.
None present for deft. The Ld.Adv.for the pltff. reqested for adjd. NM is for hearing without reply. Last chance granted.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 27.07.2022 at morning for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv.Sunita Dubey h/f Adv. B.P. Shukla for plaintiff present.
None for defendant.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time.
Matter adjd to 07.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 27-07-2022
Business: Adv.Sunita Dubey h/f Adv. B.P. Shukla for plaintiff present.
None for defendant.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time.
Matter adjd to 07.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv.Abhishek Shukla h/f.Adv.B.P.Shukla for plaintiff present.
None present for defendant.
Earlier order of interim relief if any to continue till next date.
On oral request of the plaintiff matter adjd to 14.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 07-10-2022
Business: Adv.Abhishek Shukla h/f.Adv.B.P.Shukla for plaintiff present.
None present for defendant.
Earlier order of interim relief if any to continue till next date.
On oral request of the plaintiff matter adjd to 14.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Matter pertains to CR No.62
Adv. Sunita Dubey h/f. Adv.B. P. Shukla for plaintiff present.
None present for deft.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 07.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023
Date: 14-12-2022
Business: Matter pertains to CR No.62
Adv. Sunita Dubey h/f. Adv.B. P. Shukla for plaintiff present.
None present for deft.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 07.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: In-charge Court Room No. 62
Adv. Sunita Dubey h/f. Adv. B. P. Shukla for plaintiff present.
None present for defendant.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 13.04.2023 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv.J.S.Yadav h/f.Adv.B.P. Shukla for plaintiff present.
None present for defendant.
On oral request of plaintiff last chance granted for argument.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 13.06.2023 for argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: None for plaintiff
None for defendant
Earlier order of interim relief if any to continue till next date.
Matter is adjd.to 17-08-2023 for Order against plaintiff
Judge
Next Purpose: ORDER
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Sunita Dubey for plaintiff present.
None for defendant .
Earlier order of interim relief if any, to continue till next date.
Matter is adjd.to 24-08-2023 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 24-08-2023
Date: 17-08-2023
Business: Adv. Sunita Dubey for plaintiff present.
None for defendant .
Earlier order of interim relief if any, to continue till next date.
Matter is adjd.to 24-08-2023 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: None present
Matter is adjd.to 02/09/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 02-09-2023
Date: 24-08-2023
Business: None present
Matter is adjd.to 02/09/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Court is on half day leave.
Next Purpose: ORDER
Next Hearing Date: 07-10-2023
Date: 02-09-2023
Business: Court is on half day leave.
Next Purpose: ORDER
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Next Purpose: ORDER
Next Hearing Date: 20-10-2023
Date: 07-10-2023
Business: None for plaintiff.
None for defendant.
As Court is busy in dictating order. Hence, matter adjourned.
Matter is adjd.to 20-10-2023 for order
Next Purpose: ORDER
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 10-11-2023
Date: 20-10-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Next Purpose: ORDER
Next Hearing Date: 07-12-2023
Date: 10-11-2023
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 07-12-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: None for plaintiff.
None for defendant
From the perusal of the record, it appears that on 09-12-2019 ad-interim relief was granted in NM No. 4702/19 in file of the reply by defendant. The defendant however failed to file his reply in the said NM and vide order dtd. 22-02-2021 the said NM was directed to proceed without reply of the defendant. The plaintiff however failed to take steps in the said NM and the said NM was fixed for dismissal order. Since the plaintiff is not prosecuting the suit and the NM delegently against the defendant. I do not see any justification to keep the NM pending any more. Hence, the NM No. 4702/19 stands dismissed for want of prosecution. The defendant having failed to file written statement. The suit shall proceed without written statement of the defendant.
Matter is adjourned to 25-01-2024 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: None for plaintiff present.
None for defendant present.
Matter is adjourned to 08/02/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2024
Date: 25-01-2024
Business: None for plaintiff present.
None for defendant present.
Matter is adjourned to 08/02/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 07-03-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: None for plaintiff. None for defendant From the perusal of the record, it appears that on 09-12-2019 ad-interim relief was granted in NM No. 4702/19 in file of the reply by defendant. The defendant however failed to file his reply in the said NM and vide order dtd. 22-02-2021 the said NM was directed to proceed without reply of the defendant. The plaintiff however failed to take steps in the said NM and the said NM was fixed for dismissal order. Since the plaintiff is not prosecuting the suit and the NM delegently against the defendant. I do not see any justification to keep the NM pending any more. Hence, the NM No. 4702/19 stands dismissed for want of prosecution. The defendant having failed to file written statement. The suit shall proceed without written statement of the defendant. Matter is adjourned to 25-01-2024 for plaintiffs evidence.
Nature Of Disposal: DISMISSED
Disposal Date: 07-03-2024Additional Case Details
Additional Case Details
Filing Number: 113665/2019 Filing Date: 09-12-2019 First Hearing Date: 09th December 2019 Decision Date: 07th March 2024 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 107 Mar 2024
07 Mar 2024
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104702/2019 Tahira Banu Vs Akhlaq Rasool Shaikh Date : 07-03-2024 Business : None for plaintiff. None for defendant From the perusal of the record, it appears that on 09-12-2019 ad-interim relief was granted in NM No. 4702/19 in file of the reply by defendant. The defendant however failed to file his reply in the said NM and vide order dtd. 22-02-2021 the said NM was directed to proceed without reply of the defendant. The plaintiff however failed to take steps in the said NM and the said NM was fixed for dismissal order. Since the plaintiff is not prosecuting the suit and the NM delegently against the defendant. I do not see any justification to keep the NM pending any more. Hence, the NM No. 4702/19 stands dismissed for want of prosecution. The defendant having failed to file written statement. The suit shall proceed without written statement of the defendant. Matter is adjourned to 25-01-2024 for plaintiffs evidence. Nature of Disposal : DISMISSED Disposal Date : 07-03-2024 -- 1 of 1 --
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