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NOTICE OF MOTION

Mohammed Nizam KhanVsSayyed Shamim Dildar Hussain +2 more

CNR MHCC01012892201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st April 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104728/2019
Registration Date
09 Dec 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 29-01-2020
Business: Adv. Ms. Mooman for plff. present.
Adv. Mrs. Tondawalkar for deft. no.3/MCGM present.
Adv. Mr. Sunil Salve for deft no.1, prayed for adjd to submit registered NM no.4728/19.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 13.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. Shrivastav  for plff, prayed for time to file reply.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. Sunil Salve for deft no.1 present, tendered registered NM no. 4728/19, copy is already served.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 20.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv. Mr. Vinayak Gaonkar for plff., prayed for time to file reply.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 31.07.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: Due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Mr. Gaokar for plaintiff present.
None present for defendant no.1
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 29.09.2021.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08) (Matter pertains to C.R. No.11) Adv. Gavkar for plaintiff present. Adv. Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. For NM reply to 08.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Gawkar for plaintiff present.
Adv. Mr. Khandagle for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 17.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv. Mr. Ramesh Singh for plaintiff is present.
Adv. Mr. Khandagale for Defendant No.3/MCGM is present.
None present for defendant No.1.
Adv. for the plaintiff and defendant No.3 orally requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 05/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant No. 3/MCGM is present and orally requested for time to file NM reply. Granted.
Rest of the defendants are absent.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 16.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant No. 3/MCGM is present and orally requested for time to file contempt NM reply. Granted.
Rest of the defendants are absent.
The plaintiff is called upon to argue on the maintainability of contempt NM No. 4728/19 along-with the suit.
Earlier order, if any, to continue till the next date.
Adjourned for hearing on maintainability contempt NM/NM reply/to 22.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Mr. Srivastava for the plaintiff is present. He is heard on the tenability of contempt NM along-with the suit. He orally requested for time to file reply on NM No. 4728/2019. Granted lastly.
None present for defendant Nos. 1 and 2.
Adv. Mr. Khandagale for defendant No.3/MCGM is present.
In view of the roznama dated 04.05.2017 NM Nos. 1049/2015, 41/2016 would be heard in the suit.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply /suitable order to 01.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Ms. Jagnathan for the plaintiff is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 30.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Plaintiff is present in person and filed NM reply. TOR. Copy is supplied to the other side.
None present for defendant Nos. 1 and 2.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant No. 3/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 05.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. Mr. Srivastava for the plaintiff is present.
None present for defendant Nos. 1 and 2 to proceed with NM
No. 4728/2019. Hence, the NM is posted for dismissal Order.
Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 21.01.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Adv. Mr. Shrivastav for the plaintiff present.
Adv. Mr. Hamid Ahmad for defendant No.1 is present.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Heard both sides on N/M No.4728/2019.
Earlier order, if any, to continue till the next date.
Adjourned for N/M order to 08/02/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Mr. S. P. Srivastava for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Order to 24.02.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Mr. Srivastava for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The Court is busy in hearing NM No. 4228/2019 and other urgent matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 17.03.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: The plaintiff is present in person.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 05.04.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Matter pertains to C. R. No. 11
Adv. Mr. S. P. Srivastava present for plaintiff.
Adv. Mr. Giri for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Orders to 21.04.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: None for the plaintiff.
None present for defendant Nos. 1 and 2 absent.
Adv. Mr. Giri for defendant/MCGM is present.
F.R.S.R. the following Order is passed on NM No. 4728/2019
 O R D E R (i) Notice of Motion No. 4728/2019 is made absolute in terms of prayer Clause (a) and (b) only, subject to payment of costs of Rs. 2,000/- (Rs. Two Thousand) to the plaintiff, till the next date.
(ii) On the payment of costs, defendant Nos. 1 and 2 are directed to proceed with the matter, without further delay.
(iii) Notice of Motion No. 4728/2019, accordingly, stands disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 21-04-2023

Additional Case Details

Additional Case Details
Filing Number: 113494/2019
Filing Date: 09-12-2019
First Hearing Date: 29th January 2020
Decision Date: 21st April 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
21 Apr 2023

Order Details: Notice of Motion Pdf Text: CNR NO. MHCC01-012892-2019. Notice of Motion No.4728/2019 in L.C. Suit No. 3319/2014. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4728 OF 2019 IN L.C. SUIT NO. 3319 OF 2014. Mohd. Nizam Khan. …....................………….. …. PLAINTIFF. V/s. Sayyed Shamim +2. ........................................ …. DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 21st April, 2023. APPEARANCES : Mr. S.P. Shrivastav, Ld. Advocate for the Plaintiff. Mr. Hamid Ahmed,…

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