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NOTICE OF MOTION

Mohammed Sansar Mohammed Nisar Khan - Suit St. No. 14036/2019VsThe Bombay Municipal Corporation of Greater Bombay

CNR MHCC0101339020194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 02nd August 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104906/2019
Registration Date
20 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: 09-03-2020
    Business: Plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted.
    Plaintiff is directed to register the suit till next and tender original Nm till next date.
     Matter adjd to 17.06.2020 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: None for plaintiff.
    Adv. Khandagale for deft/MCGM present.
    On oral request of advocate for deft, adjournment granted. Plaintiff is directed to register the suit till next date and tender original NM till next date.
    Matter adjd to 03/03/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.4906/19. Time is granted till next date.
    Plaintiff is directed to register the suit till next date.
    Matter adjd to 26/04/2021 for Compliance/NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Plaintiff is directed to register the Suit till next date.
    Adjd. To 20/10/2021 for compliance / NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None for plaintiff.
    Advocate Tondvalkar for deft./MCGM is present.
    Advocate for Plaintiff is directed to register the Suit till next date.
    Adjourned for compliance/NM reply to 15.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    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.
    Plaintiff is directed to tender original registered NM alongwith affidavit in support on next date.
    Plaintiff is directed to register the Suit till next date.
    Adjd. To 18/04/2022 for NM reply / compliance by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    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.
    Plaintiff is directed to register the  Suit till next date.
    Adjd. To 04/07/2022 for NM reply / compliance by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    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.
    Plaintiff is directed to register the Suit till next date.
    Adjd. to 21/09/2022 for NM reply / compliance by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    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.
    Plaintiff is directed to register the suit till next date.
    Adjd. to 28/11/2022 for compliance by plaintiff and N/M reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: None for plaintiff.
    None for defendant/ BMC.
    Plaintiff is directed to register the suit till next date.
    Adjd. to 10/02/2013 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    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.
    Plaintiff is directed to register the suit till next date.
    Adjd. to 28/04/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    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.
    Plaintiff is directed to register the suit till next date.
    Adjd. to 10.08.2023 for NM reply and compliance by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: None present for plaintiff.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Suit is of year 2019 inspite of repeated direction plaintiff is not register the suit. Hence Plaintiff is directed to register the suit till next date otherwise suit will be dismissed for non compliance of order.
    Adjd to  19.08.2023  for NM Reply/ dismissal of suit.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: None present for plaintiff
    Advocate Mhatre for defendant/BMC present.
    Adjd to 16.09.2023 for NM Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None for the Plff.
    Advocate Mhatre h/f.Adv.Suryavanshi for defendant/BMC present.
    Adjd to 16/12/2023 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: As PO is on training at Uttan, matter is adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Adjd  to 20.01.2024    for NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None present for plaintiff
    Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
    As court is busy in urgent matter, due to paucity of time, matter adjourned.
    Adjd  to  17.02.2024  for NM Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: None present for plaintiff.
    Advocate Jyoti Mhatre-Patil  for defendant/BMC present.
        It appears that plaintiff has not tendered NM instead of repeated direction. The roznama shows that none appeared for plaintiff. Hence matter adjourned and kept for dismissal of suit for want  of compliance.
    Adjd  to 19.06.2024  for Dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: None present for plaintiff.
    Advocate Botlawar for defendant/BMC present.
    The plaintiff has tendered original NM No. 4906/2019. However matter is wrongly shown in the caption of dismissal of suit. Hence matter adjourned for dismissal of NM for want of Compliance and service of writ of summons
    Adjd  to 13.09.2024  for  dismissal of NM /service of writ of summons.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 13-09-2024
    
    Date: 13-09-2024
    Business: Court is on Leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Sujata Puri for defendant/BMC present.
    The suit is of year 2019 and pending since long for compliance ie to tender the NM No. 4906/2019 but plaintiff has not tendered NM. Hence matter adjourned and kept for dismissal of NM for want of compliance.
    Adjd  to  30.11.2024  for  NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: As HHJ went to attend Regional Mediation Conference at Pune, hence  Board discharged.
    Matter is adjd to  21.12.2024   for NM for dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Nagarthawar   for defendant/BMC present.
    Today matter is listed for dismissal of draft NM. Suit is of year 2019 and NM is pending since long for hearing but neither plaintiff nor his Adv remains present. On 19.06.2024 and 21.10.2024 for dismissal of NM. Thereafter  matter was adjourned and kept today for dismissal of NM but none present for plaintiff today.  This shows that  plaintiff is not interested to proceed with the NM. Hence NM is dismissed for want of prosecution.
    Plaintiff is directed to tender NM No. 4906/19 till next date.
    Adjd  to  04.03.2024   for Service writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. The plaintiff is directed to ensure due service of suit summons on the other side and to file the writ of summons/affidavit of service, positively on the next date. In default, the suit would stand dismissed. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present.
    Adjourned for writ of summons/dismissal to 21.06.2025.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
    Adjourned for writ of summons to  02.08.2025.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-08-2025
    
    Date: 02-08-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Keep back
    Later on at 01.15 p.m
    None present for the plaintiff.
    The following Order is passed in Notice of Motion No. 4906/2019:
    ORDER
    	Having perused roznama it reveals that instant NM is already dismissed by my Ld. Predecessor vide his Order dtd 21.12.2024. It seems the NM remain to be stricked of from the role therefore in view of aforesaid scenario, the NM bearing No. 4906/2019, which is no even tendered before this Court, stands dismissed for default and disposed of accordingly.
    Order Below Exhibit No. 01:
           Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2023, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 and 5 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
    	The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 02-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 114215/2019
    Filing Date: 20-12-2019
    First Hearing Date: 09th March 2020
    Decision Date: 02nd August 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Aug 2025

    Order Details: Other Pdf Text: 12 Dt:02.08.2025 SU 2571/23 NM 4906/19 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Keep back Later on at 01.15 p.m None present for the plaintiff. The following Order is passed in Notice of Motion No. 4906/2019: ORDER Having perused roznama it reveals that instant NM is already dismissed by my Ld. Predecessor vide his Order dtd 21.12.2024. It seems the NM remain to be stricked of from…

    Read Full Order

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