Order Details: Notice of Motion Pdf Text: 1 NM 4854-19 and NM 526-20 in SU 3051-19 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.4854 OF 2019 (CNR No.MHCC01-013247-2019) AND NOTICE OF MOTION NO.526 OF 2020 (CNR No.MHCC01-001354-2020) IN SUIT NO.3051 OF 2019. (CNR No.MHCC01-011822-2019) Shaheda Khatoon w/o Afaq Hussain Shaikh }...PLAINTIFF. Versus 1.Fayaz S/o. Afaq Hussain Shaikh } 2.Zeba Fayaz Hussain Shaikh }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Khan Javed Akhtar, learned advocate for the plaintiff. Shri.Altaf Khan, learned advocate for…
NOTICE OF MOTION
Shaheda Khatoon w/o. Afaq Hussain ShaikhVsFayaz s/o. Afaq Hussain Shaikh and Anr.
CNR MHCC01013247201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 08th July 2021
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 104854/2019
- Registration Date
- 18 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: 03-01-2020
Business: Advocate Mr. Khan Javed Akhtar for Plaintiff present and filed registered Notice of Motion no.4854/2019 with affidavit in support, t.o.r.
Defendant present and filed vakalatnama of advocate Mr. Altaf Khan, t.o.r.
K.B.
L.O.
Advocate Mr. Altaf Khan for Defendant no.1 and 2 present and submitted that he is intending to file detailed reply with documents to rebut contentions raised by Plaintiff.
Plaintiff advocate submitted that matter may be fixed at the earliest. Defendants are directed to serve copy of NM reply upon Plaintiff in advanced.
Case is adjourned to 10/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Advocate Mr. Asif Shaikh @ Plaintiff present
Advocate Mr. Jankar for Defendants present and filed Reply cum Written Statement on behalf of both the defendants t.o.r. Copy served upon advocate for Plaintiff.
Case is adjourned to 05/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Advocate Mr. Khan Javed Akhtar for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted. Copy of Notice of Motion be served upon other side.
Defendant no.1 and 2 present and submitted that copy of Notice of Motion is not upon them. Plaintiff\''s advocate submitted that copy of Notice of Motion is already served upon advocate for Defendant no.1. Plaintiff\''s advocate as precaution served one more copy of Notice of Motion upon Defendant no.1.
Date of the matter is preponed to 05/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Mr. Khan Javed Akhtar for Plaintiff present and filed registered Notice of Motion no.526/2020 with affidavit in support, t.o.r.
Advocate Mr. Jankar for Defendant present
Heard advocate for Plaintiff and advocate for Defendant in respect of ad interim relief. Defendant no.1 and 2 are present before the court and court has asked Defendant no.1 that whether Plaintiff at present is residing in suit premises with Defendants, t hat time Defendant no.1 informed that Plaintiff is residing with Defendants in suit premises, hence till Defendants get fair opportunity to file their reply in detail to the NM taken out by Plaintiff I find that no harm will be caused to Defendants if ad interim relief in terms of prayer clause (a) of Notice of Motion will be granted, hence ad interim relief in terms of prayer clause (a) of Notice of Motion is granted till filing NM reply by Defendants. It is made clear that, NM will be decided on merits after Defendants will file NM reply. Defendants advocate submitted that copies of he documents referred in NM are not served upon Defendants. Plaintiff advocate is directed to serve the copies of those documents so that Defendants will have no chance to blame again the Plaintiff.
Case is adjourned to 06/03/2020 for NM for reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present for Plaintiff. None present for Defendant.
It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 25/06/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020
Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020
Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv Mr. Khan Javed Adkhtar for plff present and submitted that copy of reply is already served on him by defendants advocate.
The NM reply is not tendered on record till date by the defts.
None present for deft.
Matter is adjd. for NM reply by deft to 16.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Mr. Javed Akhtar Khan for plff present and submitted that plff does not want to rely on the documents which are ordered to be given to the deft as per the roznama dt. 05.02.2020.
Adv Mr. Altaf Khan for deft present and seeks time to file reply to NM No.526/2020. Advocate for plff objected to it by submitting that already more than sufficient time i.e. for one year has been granted for filing reply hence, any further time should not be granted. Having gone through roznama dt.05.02.2020, I found substance in the argument of ld. Advocate for deft that direction was given to the adv for the plff to serve copies of documents on the advocate for the defts. Advocate for the plff has made a statement today that plff are not intending to rely on the documents which are ordered to be given in roznama dt. 05.02.2020. In view of making of said statement today, time till next date is granted to deft to give reply to NM No. 526/2020 as a last chance.
Matter is adjd. for filing reply to NM to 09.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021
Date: 16-02-2021
Business: Adv Mr. Javed Akhtar Khan for plff present and submitted that plff does not want to rely on the documents which are ordered to be given to the deft as per the roznama dt. 05.02.2020.
Adv Mr. Altaf Khan for deft present and seeks time to file reply to NM No.526/2020. Advocate for plff objected to it by submitting that already more than sufficient time i.e. for one year has been granted for filing reply hence, any further time should not be granted. Having gone through roznama dt.05.02.2020, I found substance in the argument of ld. Advocate for deft that direction was given to the adv for the plff to serve copies of documents on the advocate for the defts. Advocate for the plff has made a statement today that plff are not intending to rely on the documents which are ordered to be given in roznama dt. 05.02.2020. In view of making of said statement today, time till next date is granted to deft to give reply to NM No. 526/2020 as a last chance.
Matter sia dajd. for filing reply to NM to 09.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021
Date: 16-02-2021
Business: Adv Mr. Javed Akhtar Khan for plff present and submitted that plff does not want to rely on the documents which are ordered to be given to the deft as per the roznama dt. 05.02.2020.
Adv Mr. Altaf Khan for deft present and seeks time to file reply to NM No.526/2020. Advocate for plff objected to it by submitting that already more than sufficient time i.e. for one year has been granted for filing reply hence, any further time should not be granted. Having gone through roznama dt.05.02.2020, I found substance in the argument of ld. Advocate for deft that direction was given to the adv for the plff to serve copies of documents on the advocate for the defts. Advocate for the plff has made a statement today that plff are not intending to rely on the documents which are ordered to be given in roznama dt. 05.02.2020. In view of making of said statement today, time till next date is granted to deft to give reply to NM No. 526/2020 as a last chance.
Matter sia dajd. for filing reply to NM to 09.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv Mr. Khan Javed Akhtar for plff present and filed rejoinder in NM No.4854/2019. Copy served on the advocate for deft Nos.1 and 2 today.
Adv Ms. Altaf Khan for deft Nos.1 and 2 present and filed reply to NM No.526/2020.
Heard arguments of both the sides in NM No.526/2020 and 4854/2019.
For want of time matter is adjd. for order to NM No.526/2020 and 4854/2019 to 17.03.2021.
Next Purpose: CS NM ORDERS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Advocate for plff present.
Deft present with Adv Ms. Khan.
Stenographer is on leave, alternate stenographer is not provided by the office, hence matter is adjd. for order in NM Nos. 4854/2019 and 526/2020 to 24.03.2021.
Judge
L.O.
Adv .Mr. Amit Jaiswal h/f Adv Mr. Khan Javed Akhtar for plff present.
Already adjd.to 24.03.2021.
Next Purpose: CS NM ORDERS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: CS NM ORDERS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: CORAM H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09)
Adv Jaiswal h/f Adv. Khan Javed for plff present.
None present for defendant.
Court is busy in other matters, hence, for want of time this matter is adjourned for NM order to 15.04.2021.
Judge
Next Purpose: CS NM ORDERS
Next Hearing Date: 15-04-2021
Date: 06-04-2021
Business: Adv Jaiswal h/f Adv. Khan Javed for plff present.
None present for defendant.
Court is busy in other matters, hence, for want of time this matter is adjourned for NM order to 15.04.2021.
Judge
Next Purpose: CS NM ORDERS
Next Hearing Date: 15-04-2021
Date: 06-04-2021
Business: Adv Jaiswal h/f Adv. Khan Javed for plff present.
None present for defendant.
Court is busy in other matters, hence, for want of time this matter is adjourned for NM order to 15.04.2021.
Judge
Next Purpose: CS NM ORDERS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CS NM ORDERS
Next Hearing Date: 02-07-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CS NM ORDERS
Next Hearing Date: 02-07-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CS NM ORDERS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for both the parties.
By hearing the arguments of both the parties in NM No.4854/2019 and NM No.526/2020 on 09.03.2021, matter was adjourned to 17.03.2021 for passing order in the said NM however, stenographer was on leave on 17.03.2021 due to which, order could not be passed on that day hence, matter was adjourned for order to 06.04.2021 on which date, Court was busy in other matters hence, for want of time, matter was adjourned to 15.04.2021 for order. On 15.04.2021, matter could not be taken up as 15.04.2021 and 16.04.2021 were declared as holidays. Entry in roznama shows that adv. for the plff had appeared on 19.04.2021 and requested for longer date. The concerned staff member present on duty on that date had adjourned the matter accordingly to 02.07.2021.
Both parties are not present today. NM No.4854/2019 and 526/2020 are already argued by both parties. Stenographer is not on duty today hence, it is not possible to pass order.
Matter be kept for order in NM No.4854/2019 and 526/2020 to 08.07.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for both the parties.
FRSR following common order is passed in NM No.4854-2019 and 526-2020.
ORDER
Notice of Motion No.4854 of 2019 and Notice of Motion No.526 of 2020 are dismissed.
Costs in the main cause.
-----
Matter adjourned for filing draft issues to 23.08.2021.
Nature Of Disposal: DISMISSED
Disposal Date: 08-07-2021
Date: 08-07-2021
Business: None present for both the parties.
FRSR following common order is passed in NM No.4854-2019 and 526-2020.
ORDER
Notice of Motion No.4854 of 2019 and Notice of Motion No.526 of 2020 are dismissed.
Costs in the main cause.
-----
Matter adjourned for filing draft issues to 23.08.2021.
Nature Of Disposal: DISMISSED
Disposal Date: 08-07-2021Additional Case Details
Additional Case Details
Filing Number: 113936/2019 Filing Date: 18-12-2019 First Hearing Date: 03rd January 2020 Decision Date: 08th July 2021 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
08 Jul 2021
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