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NOTICE OF MOTION

Mrs. Nazima d/o Sultan Pradhan w/o Abdul Rasool NavrozVsMumtaz S. Pradhan and Anr.

CNR MHCC0101290620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd November 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104720/2019
Registration Date
09 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: 05-02-2020
    Business: Husband of plaintiff present and submitted that writ of summons has been served, but report is awaited.
    Defendant present and filed application for adjournment.
    Application for adjournment on behalf of defendant.
    Matter stands Adj for filing WS to 07.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Husband of plaintiff present and filed original NM no. 4720/19 along with affidavit and original writ of summons, as per the bailiff report defendant no. 1 and 2 have been served with NM and writ of summons.
    Defendant no. 01 present.
    Adv. Maru for defendant no. 1 present and filed VP and WS. He sought time to submit the affidavit in reply to NM. Time granted .
    Vakalatnama filed on behalf of defendant no. 1.
    Written statement filed on behalf of defendant no. 1.
    Matter stands Adj for filing reply to NM and order against defendant no. 2 on 13.04.2020
    Next Purpose: REPLY
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and office order no. 75 of 2020, matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None present.
    The case is adjourned to 26.02.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Advocate Abhishek Tripathi for defendant no. 2 present.
    None else present.
    The case is adjourned to 22.04.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Matter called out at 04.55 p.m.
    Husband of plaintiff present. He made a statement that Defendant expired on 12.07.2021. He is seeking time to take appropriate steps. Time granted.
    Matter stands adjourned to 22.11.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on leave. Hence, Board is discharged.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Matter called out at 4.30 p.m.
    POA of plaintiff present. He tendered Reg.CS No.1665/21. TOR. with service to the defendant.
    None present for defendant.
    Matter stands adjourned to 23.02.2022 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Matter called out at 3.34 p.m.
    Adv. Mariyam Nasikwala I/b Adv. A. N. Nasikwala for plaintiff present. She is seeking time to file service affidavit. Time granted.
    None present for defendant.
    Matter stands adjourned to 18.04.2022 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: POA of plaintiff in person present.
    As court is busy in dictating judgment in Suit no.26/2010.
    Matter stands adjourned to 07.06.2022 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: POA of plaintiff in person present.
    He tendered affidavit of service. TOR. Exh.6.
    None present for defendant.
    Issue notice of appearance to the defendants through bailiff/RPAD.
    Matter stands adjourned to 20.07.2022 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: POA of plaintiff present.
    Adv. Ratnesh Shukla for Deft. no.2 present. He is seeking time to file reply. Time granted by way of last chance.
    Matter stands adjourned to 17.08.2022 for reply/CS hearing.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv. A. N. Nasikwala for plaintiff present.
    Adv. Ratnesh Shukla for Deft. no.2 present.
    By consent, matter stands adjourned to 04.10.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Nasikwala for plaintiff present.
    Adv. Ramesh Shukla for Deft. no.2 present.
    This CS is taken out by plaintiff to bring LRs of Deft no.1 on record. Notice to LRs of Deft. no.1 is served. The affidavit of service is filed on record. But they did not appear. Deft. No. 2 did not file reply. It is the CS under Order 22 Rule 4 of CPC. Hence, it deserves to be allowed.
    Thus, I pass the following order.
    CS No.1665/2021 is allowed.
    Plaintiff to carry out necessary amendments within a period of 14 days from the date of order.
    Costs in cause.
    CS No.1665/2021 disposed of accordingly.
    Matter stands adjourned to 03.12.2022 for compliance/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: CA of the plaintiff present. He is seeking time. Time granted.
    Adv. Manohar Malviya for Deft. no.2 present.
    Matter stands adjourned to 02.02.2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None present.
    Matter stands adjourned on 11.04.2023 for service.
    Later on at 4.55p.m.
    C. A. of plaintiff in person present.
    Already matter adjourned on 11.04.2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: C. A. of plaintiff present. He is seeking time to serve the amended plaint to the defendant. Time granted.
    None present for defendant.
    Matter stands adjourned on 05.06.2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: C. A of Plaintiff alongwiht Adv A.N. Nasikwala for plaintiff present.
    None for defendant.
    Amended copy of plaint is not served on defendants. Plaintiff  to comply.
    None present for defendants in NM No. 4720/2019.
    Matter stands adjourned on 26-07-2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: As P.O.is on leave, matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: CA of Plaintiff present.
    None for defendant present.
    Exh.7 Affidavit of service filed by Plaintiff - Duly served.  TOR
    Matter stands adjourned on 09-11-2023 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: P.O. is on Leave.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Advocate A. N. Nasikwala alongwith C.A. of Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20-02-2024 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: P. O. is on leave.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: None present.
    The record indicate that the NM is pending since year 2019 for appointment of Receiver. The defendant has not filed reply on NM. Hence the plaintiff is directed to argue on NM on next date without fail otherwise NM will be dismissed.
    Matter stands adjourned on 24-04-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: Adv. A. N. Nasikwala for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 12-08-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: CA of Plaintiff is present.
    None for defendant present.
    Matter stands adjourned on 07-10-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: Adv.A.N.Nasikwala for Plaintiff present.
    None for defendant present.
    Heard advocate plaintiff .
    The defendants failed to argue.
    Matter stands adjourned on  for 22.11.2024 Order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-11-2024
    
    Date: 22-11-2024
    Business: Adv. Nasikwala along with POA of Plaintiff present.
    None for defendant present.
    F.R.S.R following order is passed on Notice of Motion No. 4720 of 2019.
    Order
    1. The Notice of Motion No. 4720  of 2019 is hereby allowed in terms of prayer clause (c) only.
    2. No order as to costs.
    3. The Notice of Motion No. 4720 of 2019 stands disposed of accordingly.
    Matter stands adjourned on 17-02-2025 for steps.
    Nature Of Disposal: ALLOWED
    Disposal Date: 22-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113687/2019
    Filing Date: 09-12-2019
    First Hearing Date: 05th February 2020
    Decision Date: 22nd November 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 2Full order available
    22 Nov 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M No.4720-2019 in Suit No.2971-2019 MHCC010129062019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.4720 OF 2019 IN SUIT NO. 2971 OF 2019 Mrs. Nazima D/o. Sultan Pradhan ] W/o. Abdul Rasool Navroz ] Age:- 58 years, Occupation:- Housewife ] Address at 111, Persepolis Apartment, ] Cuffe Parade, Colaba, Mumbai- 400 005. ] … Plaintiff. Versus 1. Mumtaz S. Pradhan ] At present residing at 1/453, Zapa Bar,…

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