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NOTICE OF MOTION

Mr. Abdul Suleman Abdul Vahab ShaikhVsMCGM And Anr.

CNR MHCC0101287020194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st August 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104717/2019
Registration Date
09 Dec 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-01-2020
Business: Adv. Kapil h/f Adv.Shailesh Rathi for plaintiff present.
Adv.Mrs.Patil h/f adv.Khandagale for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Adv. Patil submitted that for filing certion documents.
Plaintiff to inform consern officer.
Adjd to 12.02.2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: adjd
Next Purpose: HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Matter adjd to 20.04.2020 for reply to NM.
Next Purpose: HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Earlier order, if any, to continue till next date.
Matter adjd to 15/02/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 05/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 03/05/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Babu Singh for defendant no.1 present.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 08/10/2021 for NM reply by defendant no.2/ MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv Kapil Shetye h/f Adv Shailesh Rai for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 03/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Sweety Masugale for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 19/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: In view of office order no.7/2022 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 next date.
Adjd. to 23/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 01/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Kapil Shetye for plaintiff present.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 27/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mugdha Bhosale h/f Adv. Shailesh Rai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 24/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date. Earlier order, if any, to continue till next date.
Adjd. to 17/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present  and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 02/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: None for Plaintiff.
Adv. Sutar h.f. Adv. Tondwalkar for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 27/01/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: CORAM  H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
None for plaintiff.
None for defendant/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 13/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 20/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: CORAM  H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Sushant Mishra h/f. Mr. Jamkhandi for plaintiff present and undertakes to file V.P. on next date
Adv. Mr. Suryavanshi for BMC present
Earlier order, if any, to continue till next date.
Adjd. to 10/4/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file NM reply. Time is granted till next date.
Adjd. to 23.06.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and tendered NM reply cum WS and list of document and marked as Exh. 2 and Exh. 3 respectively. Copies of plaintiff kept in R & P.
Earlier order, if any, to continue till next date.
Adjd   to 26.07.2023    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and
None present for plaintiff. Adv for defendant/BMC submitted this matter is pertaining to PAP Tenaments and there is EOC however due to heavy rain matter adjourned without passing adverse order hence, matter kept for dismissal of NM.
Adjd to 21.08.2023 for Dismissal of NM
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None present present.
Advocate Suryavanshi  for defendant/BMC present.
Suit is of year 2019 and  NM No. 4717/2019  is pending for hearing since long and matter was repeatedly adjourned for hearing of NM. The roznama shows that since many dates neither plaintiff nor his Advocate remains present. Therefore on previous date matter adjourned and kept for dismissal of NM. But inspite of that none appeared for the plaintiff.  This shows that plaintiff is not interested to proceed with the NM. Hence I have no option to dismiss NM for want of prosecution. Therefore following order is passed.
ORDER
NM No. 4717/2019 is dismissed for want of prosecution
Adjd to  04.11.2023  for Hearing on issues
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-08-2023

Additional Case Details

Additional Case Details
Filing Number: 113643/2019
Filing Date: 09-12-2019
First Hearing Date: 13th January 2020
Decision Date: 21st August 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1
21 Aug 2023
Order Details: Other
Pdf Text: 74 Dt:21.08.2023
SU 3130/19
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present present.
Advocate Suryavanshi for defendant/BMC present.
Suit is of year 2019 and NM No. 4717/2019 is pending for hearing
since long and matter was repeatedly adjourned for hearing of NM.
The roznama shows that since many dates neither plaintiff nor his
Advocate remains present. Therefore on previous date matter
adjourned and kept for dismissal of NM. But inspite of that none
appeared for the plaintiff. This shows that plaintiff is not interested
to proceed with the NM. Hence I have no option to dismiss NM for
want of prosecution. Therefore following order is passed.
ORDER
NM No. 4717/2019 is dismissed for want of prosecution
Adjd to 04.11.2023 for Hearing on issues
Judge
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