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NOTICE OF MOTION

Mr. Subhash Sopan Sherekar - Sum. Suit No. 1297/2018VsMohammad Rafiq Mohammad Khan

CNR MHCC01013186201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th January 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104821/2019
Registration Date
17 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: 20-12-2019
Business: None present.
LO
Adv. Jain for plaintiff present.
Adv.Shukla for defendant present and he filed register motion No.4821/19 and 4823/19 along with affidavits.
Adv. Shukla also filed additional affidavit.
        The Ld.advocate Shri.Jain submitted that additional affidavit has been served on the plaintiff yesterday afternoon. Therefore, he requested time to file reply. Ld.advocate Mr.Shukla on behalf of the defendant requested for stay to the order of attachment, to which advocate Mr.Jain strongly resisted.
       As the additional affidavit has been served yesterday only on the plaintiff, it is just ad proper to grant time to the plaintiff to file the reply. In the interest of  justice, it is just and proper to stay the attachment warrant till next date. The notices are expedited. The plaintiff shall file affidavit in reply to the notices on next date and shall serve the copy in advance to the defendant so that the matter can be heard on next date itself. If the defendant proposes to file rejoinder to the affidavit in reply, it shall be filed without fail on the next date itself as the plaintiff has been directed to serve the copy of reply in advance to the defendant. The defendant shall note that no adjournment will be granted to him for filing rejoinder and hearing if the plaintiff serves copy of reply in advance. In these circumstances, the warrant of attachment is stayed till next date. The matter is adjourned to 02/01/2020.
Next Purpose: REPLY
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Adv. Sakpal for DH.
Adv. Pathak holding for Shukla for JD.
On the request of D the matter is adjd for filing of Reply on behalf of the plaintiff.  The order of stay to continue till next date.
Matter adjd to for 31.01.2020.
Next Purpose: REPLY
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv. Ramesh Jain for plaintiff.
Adv. Shukla for defendant.
Interim order to continue till next date.
Adjd on the request of plaintiff for reply to 07-03-2020
Next Purpose: REPLY
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. Ramesh jain for plaintiff
Adv. Pathak for defendant.
Adjd for reply to NM to 18-06-2020
Next Purpose: REPLY
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None for plaintiff.
Adv. Pathak for defendant
Adjd to 15-02-2021
LO Adv. Jain for plaintiff.
By consent earlier order continued till next date.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Ramesh Jain for DH.
Adv. Pathak for JD.
O-Earlier order to continue till next date.
By consent 11-06-2021 for reply
Next Purpose: REPLY
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv. Mr. Pathak for the defendant present.
Adv. Mr. Jain for the DH present.
KB.    L.O.  03.23 p.m.
Adv. Mr. Pathak for the JD present.
None for the DH.
The advocate of defendant submitted that he has already tendered draft NM. But, leave is not granted to register it. On perusal of record  one draft NM found lying under section 340 of CPC. Therefore, leave is granted to register NM.
Earlier order if any, is continued till next date.
Matter is adjd. to 04/01/2022 for tendering registered NM / NM No.4821/2019 and NM No.4823/2019 reply.
Next Purpose: REPLY
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None for plaintiff.
Adv. Pathak for the defendant present.
Advocate for the defendant tendered registered N/M No.3332/2021 along with affidavit in support. t.o.r.
Earlier order if any  to continue till next date.
Matter is adjd. to 03/03/2022 for NM No.332/2021 service and NM NO.4823/2019 reply.
Next Purpose: REPLY
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plaintiff.
Adv. Pathak HF Adv. Shukla for defendant present.
Other side filed NM 4823/2019, therefore the said NM to proceed without reply. The adv. of defendant submitted that NM 3332/2021 already served to other side, but he has not filed service affidavit, he request time for service affidavit.
Earlier order to extended till next date.
Matter is adjourned for service to 19-04-2022.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None for plaintiff.
Advocate Mr. Pathak H/F Advocate Mr. Shukla for defendant present.
The advocate of defendant requested time for service of                     NM No. 3332/2021. O-Last chance is granted.
He is also requested time for argument on NM No. 4823/2019.             O-Last chance is granted.
Earlier order if any  to continue till next date.
Matter is adjd. for  NM service and argument  to 21-07-2022.
Next Purpose: SERVICE
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: CORAM H.H.J Smt. R. K. Kshirsagar, City Civil Court, Mumbai (C. R. 13).
Matter pertains to C.R.No. 15
None present for plaintiff.
Adv. Pathak for defendant present.
Service affidavit of NM TOR.
On the oral request by Ld. Advocate for defendant. earlier order if any to continue till next date.
Matter Adjd for NM Hearing on 21-09-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Matter pertains to C.R.No.15
None present for plaintiff/DH.
Adv. Pathak for defendant/JD present.
On the oral request by Ld. Adv. for defendant/JD the earlier order if any is extended till next date.
Matter Adjd for NM Hearing on 21/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Matter pertains to C.R.No.15
Adv. Pathak for plaintiff/DH present.
None present for defendant/JD.
On the oral request by Ld. Adv. for plff, earlier order dt.20.12.2019 is extended till next date.
Matter Adjd for NM Hearing on 02/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: atter pertains to C.R.No.15
By Praecipe
None present for plaintiff
Adv. Pathak for defendant present.
On the oral request by Ld. Adv. for defendant, earlier order if any is continued till next date.
Matter Adjd for hearing on 29/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: None for DH
Adv. B.M. Shukla for  JD/defendant present.
JD/ defendant present.
Ld. advocate for JD he submitted stay on Execution of warrant of attachment is continue till today as per order passed by C.R. No. 28 in NM 4821/19 and said stay order is continue till next date.
Matter Adjd for NM  on  10/04/2023 at 2.45 pm .
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Matter pertains to C.R.No.15
None present for plaintiff/DH
Adv. Pathak for defendant/JD present.
On the oral request by Ld. Adv. for defendant/JD, the order dt.20.12.2019 is continued till next date.
Matter Adjd for steps on 27/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: None present for plaintiff.
Adv.B.N. Shukla present for defendant.
Defendant present in person.
L.O. at 3.15 pm.
Adv. Ramesh Jain present for plaintiff.
Heard both side. The plaintiff seeking time, put up for hearing on NM 4823/19.
Matter stands adjourned for hearing on 26-07-2023
at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Adv.present for plaintiff.
Adv. Shukla for defendant.
KB
L.O. at 3.15pm.
Adv. Ramesh Jain present for plaintiff.
Adv.B.N. Shukla present for defendant.
Earlier order, if any, to continue to further order.
By Consent Matter stands adjourned for NM hearing on 17-10-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Matter pertains to C. R. No.15
Decree holder and his counsel are absent.
Adv. Pathak h/f B. N. Shukla for judgment debtor is present.
Earlier order to continue till the next date.
Matter is adj to 11.12.2023 for reply of plaintiff.
Next Purpose: REPLY
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Adv.Ramesh Jain present for  DH/plaintiff. Seeking time. Time is granted.
Adv.B.N. Shukla present for JD/defendant.
Earlier order, if any, to continue to further order.
Matter stands adjourned for reply on 09-02-2024.
Next Purpose: REPLY
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for Decree Holder  present.
Adv. Satsang Tailor h/f Adv. B. N. Shukla Judgment Debtor present.
Earlier order to continue, if any till next date.
Matter stands adjourned to 16.04.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: None present for plaintiff.
Adv.B.N. Shukla present for defendant.
Kept back.
L.O. at 12.40 pm.
Adv. Madhuri Shirke i/b Ramesh Jain present for plaintiff.
Adv.B.N. Shukla present for defendant.
Earlier order if any, continue till the next date.
Heard the argument of defendant.
Matter stands adjourned for Notice of Motion hearing
on 14-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: None present for Plaintiff.
Defendant alongwith Adv. B.N. Shukla present, tendered documents TOR.
Earlier order if any, continue till next date.
Matter stands adjourned for Notice of Motion hearing
on 18-07-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Adv.Ramesh Jain present for Decree Holder.
None present for Judgment Debtor.
Matter pertaining to afternoon session.
L.O. at 2.55 pm.
None present for Decree Holder.
Judgment Debtor alongwith Adv. B.N. Shukla present.
Heard the counsel of Judgment Debtor.
It is submitted that the now the Judgment Debtor has retired from service on 30-06-2022.
Earlier order if any, continue till next date.
atter stands adjourned for Notice of Motion hearing
on 28-08-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Ramesh Jain present for Decree Holder. Seeking time. Time is granted as last chance.
None present for Judgment Debtor.
Matter stands adjourned for Notice of Motion hearing
on 14-11-2024
at 2.45 pm.
L.O. at 3.30 pm.
Adv. B.N. Shukla present for Judgment Debtor.
The order dated 20-12-2019, shall continue till disposal of the
Notice of Motion No.4823/19.
Matter is already adjourned for Notice of Motion hearing
on 14-11-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: None present.
Kept back.
Later on at 3.00 pm
None present.
Matter stands adjourned for Notice of Motion hearing
on 08-01-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
Adv.Ramesh Jain present for DH.
Adv. B N Shukla present for JD.
JD is present.
Matter stands adjourned to 20-09-2025 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: None present for Decree Holder/plaintiff.
Adv. Deepak Shukla for defendant/ Applicant in Notice of Motion.
Heard the argument of defendant/ applicant on Notice of Motion.
Matter stands adjourned to 25-11-2025 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: None present.
Kept back.
Later on at 1.30 pm.
None present for Decree Holder.
Adv.S.K. Gupta h/f B.N. Shukla present Judgment Debtor.
Decree Holder and his advocate are absent.
Matter stands adjourned to 29-01-2026 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: Parties are absent.
Adv. Ramesh Jain present for Decree Holder.
Adv. Deepak Shukla for Judgment Debtor.
    E.A. is pending since last 6 yrs.
Matter stands adjourned to  30-01-2026 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2026

Date: 30-01-2026
Business: dismissed
Nature Of Disposal: DISMISSED
Disposal Date: 30-01-2026

Additional Case Details

Additional Case Details
Filing Number: 113966/2019
Filing Date: 17-12-2019
First Hearing Date: 20th December 2019
Decision Date: 30th January 2026
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Jan 2026

Order Details: Notice of Motion Pdf Text: Notice of motion No.4821/2019 -:1:- MHCC010131862019 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO. 4821 OF 2019 IN SUMMARY SUIT NO. 1297 OF 2019 Subhash Sopan Sherekar ...Plaintiff Versus Mohammad Rafiq Mohammad Khan ...Defendant None for plaintiff. Mr. Deepak Shukla, ld. Advocate for defendant. CORAM : H.H. JUDGE SHRI SANJIV PRABHAKAR PINGLE, COURT ROOM NO.84, O R D E R (Delivered on 30/01/2026) 1) This notice of…

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