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NOTICE OF MOTION

MOHD KAYYUM KHANVsSMT. KHATUN NISHA W/O KAMRUDDIN KHAN AND ORS.

CNR MHCC01013531201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th November 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104945/2019
Registration Date
26 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: 15-01-2020
Business: Matter is called out at 3.03pm
Adv.Asif Memon for plaintiff present tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Draft notice of motion hand-over to the plaintiff advocate for registration.
Adv.Sachin Mishra for defendant present tendered registered N/M No.4970/19 and 4945/19.
Copy supplied to the other side.
Plaintiff seeking time to file reply. Time granted.
Matter is adj to 17/02/2020 for N/M reply and N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Matter is called out at 2.59pm
Adv.Anam Fatima for plaintiff present.
Adv.V.K.Gupta for defendant present.
Adv. for plaintiff tendered reply on N/M No.2577/18. T.O.R
Adv. for plaintiff tendered registered C/S No.78/2020. T.O.R
Adv. for plaintiff tendered registered N/M No.4970/2019. T.O.R
Adv.S.S.Redekar for respondent on C/S No.78/2020 undertake to file vakalatnama on behalf of respondent .no.1 and 2.
Adv. for respondent seeking time to file reply. Time granted.
Matter is adj to 30/03/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Business: Due to Corona Pandemic, it seems that parties are absent hence, case is already adjourned to 12.10.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present.
Matter is adj to 30/01/2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Plaintiff and defendant absent.
Their advocate absent.
Matter adjd for N.M. hearing on 03/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Anam Fatima for plaintiff present.
Defendant and advocate absent.
Respondent no.1 and 2 in CS absent.
Matter adj for  hearing on NM and CS on 03.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Court is busy in Judgment of Suit 9480/93. Hence, board discharge.
Matter Adj for NM hearing on 18.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: CORAM  H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
None present for plaintiff.
None present for defendant.
Adjourned for hearing notice of motion to 16.07.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: None present for plaintiff.
None present for defendant.
Adjourned for NM hearing on 04.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: COURT IS VACANT
Adjourned for NM For Hearing to 05/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Asif present for plaintiff and filed pursis. t.o.r. Marked as Exh-40. O- Seen and filed.
None present for defendant.
Adv. for Plaintiff filed death certificate of defendant no.01 a/w pursis exhibit-40 mentioning therein that Plaintiff and defendant no.02 are her legal heirs.
Order- In view of death certificate and pursis exh-40, name of defendant no.01 from title clause of plaint is ordered to be deleted. Amendment be carried out accordingly.
Defendant nos.02 to 04 and Respondents in Chamber Summons no.78/2020 are absent and not file reply.
Matter is adjd. for No say order and hearing to 23.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Anam Fatima present for Plaintiff.
None present for defendant nos.02 to 04 and respondents in CS no.78/2020. They failed to file say. CS no.78/2020 to proceed without reply of defendant nos.02 to 04 and respondents nos.01 and 02.
KB
LO at 05.15 pm.
Adv. Asif Memon present for plaintiff and sought time to comply the order dtd.09.06.2023. O- Time is granted.
Adv. Akshata  present for defendant nos.02 to 04. CS no.78/2020 to be proceed without reply of defendant no.02 yo 04 and respondents.
Matter is adjd. for hearing on NM no.78/2020 to 27.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Asif Memon present for plaintiff.
Adv. V. K. Gupta present for defendant no.02 and sought adjournment to argue on NM. O- Granted as a last chance.
Matter is adjd. for NM hearing to 24.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Court is on leave. Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Plaintiff inperson present.
Adv. Anan Fhatima present for plaintiff sought adjourned to filed affidavit of service of ch/s on proposed  defendant no. 5 and 6 on next date.
None present for defendant no. 1 to 4.
Matter is adjd. for service affidavit to 19.10.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Asif Memon present for plaintiff. He filed four affidavits of Chamber Summons on defendant nos.01, 02 and 04 and respondent nos.01 and 02. Chamber Summons is duly served on them. They failed to appear and filed reply to Chamber Summons. Hence, Chamber Summons to proceed without reply of defendants and respondent nos.01 and 02.
None present for defendant.
Matter is adjd. for C/S hearing to 01.12.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Asif Memon present for plaintiff.
Adv. Rishi Dubey h/f Adv. V. K. Gupta present for defendant and sought adjournment.
Matter is adjd. for C/S hearing to 16.01.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Adv. Asif Memon for Plaintiff present.
None for defendants No.1 to 4 present.
Matter stands adjourned on 23.02.2024 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Advocate Asif Memon for Plaintiff present.
None for defendants No.1 to 4 present.
Matter stands adjourned on 19.04.2024 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Next Purpose: C/S  HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. Asif Menon for plaintiff present.
None for defendant present.
Learned Adv. for plaintiff prayed for adjournment to seek instructions on hearing of Chamber Summons. Matter adjourned to 21/08/2024.
Matter stands adjourned on 21/08/2024 for hearing Chamber Summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Adv. Asif Menon for plaintiff present.
None for defendant present and proposed respondents.
Heard, Learned Adv. for plaintiff.
Learned Adv. for plaintiff filed pursis. Taken on record and marked as Exhibit-41. He further submitted that he is not pressing the prayer clause d(1) in schedule of amendment annexed to Chamber Summons.
Matter adjourned for arguments.
Matter stands adjourned on 21/09/2024 for arguments.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Plaintiff is present, his advocate absent.
None for defendant present.
plaintiff requested for keeping back matter.
Matter stands adjourned on for  hearing to 19/10/2024
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: Adv. Asif Memon for plaintiff present.
None for defendant present.
All the three Notice of Motions are pending for hearing. Defendant are absent since January 2024. It appears that defendants are not interested in proceeding with the notice of motions.  Ld. Advocate for the plaintiff submits that he has filed reply to all three notice of motions and served the copies on defendant. Hence all three notice of motions kept for dismissal order.
Matter adjourned for NM dismissal order
Matter stands adjourned on 19.11.2024 for NM dismissal order.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
Adv. Asif Memon for plaintiff present.
None for defendant present.
KB
Record reflects that Notice of Motions are kept for dismissal order. Ld. Adv. for plaintiff submitted that he is ready for arguments in his Notice of Motion No.2577/2018 and hence it be kept under the caption of hearing by removing it from the caption of dismissal. Submissions allowed.
The other two Notice of Motions No.4945/2018 and Notice of Motion No.4970/2019 are for dismissal. Defendants have not taken any steps for proceedings with the Notice of Motions. Hence,  Notice of Motions No.4945/2018 and Notice of Motion No.4970/2019 are dismissed in default and for want of prosecution. Proceedings in  Notice of Motions No.4945/2018 and Notice of Motion No.4970/2019 are closed.
Chamber Summons No.78/2020 is for order. As per submissions there is no reply to the Chamber Summons. The plaintiff has not pressed the prayer clause d(i) from the Schedule of amendment by filing pursis Exhibit-41. In the circumstances considering the affidavit in the Chamber Summons, same is allowed as prayed except the prayer clause d(i) which is not pressed vide pursis Exhibit-41.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 19-11-2024

Additional Case Details

Additional Case Details
Filing Number: 114333/2019
Filing Date: 26-12-2019
First Hearing Date: 15th January 2020
Decision Date: 19th November 2024
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
19 Nov 2024

Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104945/2019 MOHD KAYYUM KHAN Vs SMT. KHATUN NISHA W/O KAMRUDDIN KHAN AND ORS. Date : 19-11-2024 Business : CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65) Adv. Asif Memon for plaintiff present. None for defendant present. KB Record reflects that Notice of Motions are kept for dismissal order. Ld. Adv. for plaintiff submitted that he is ready for arguments in…

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