NOTICE OF MOTION
Smt. Khatun NishaVsMohd. Kayyum Khan +2 more
CNR MHCC01013561201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 04th November 2023
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 104958/2019
- Registration Date
- 26 Dec 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Respondent
Acts & Sections
1Protection 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.Sachin Mishra for plaintiff present tendered registered N/M No.4972/19 and 4958/19. T.O.R.
Adv.Asif Memon for defendant present.
Copy supplied to the other side.
Plaintiff seeking time to file N/M 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.V.K.Gupta for plaintiff present.
Adv.Anam Fatima for defendant no.1 present.
Adv. for defendant no.1 tendered reply on N/M No.4972/19.T.O.R
Adv. for defendant no.1 tendered reply on N/M No.4958/19.T.O.R
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: 01-10-2020
Date: 01-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Due to Covid-19 none present.
Matter is adj for NM hearing on 20.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Plaintiff and defendant absent.
Their advocate absent.
Matter adjd for N.M. hearing 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 06.10.2021.
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: 05-07-2022
Date: 05-07-2022
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: 03-12-2022
Date: 03-12-2022
Business: Court is vacant.
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)
None present for plaintiff.
Adv. Asif present for all defendants.
Matter is adjd. for NM for hearing to 23.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: None present for plaintiff.
Adv. Anam Fatima present for defendant.
LO at 05.15 pm.
Ad. Akshata Dahiya present for plaintiff and sought time to take steps as adv/ for defendant submitted that plaintiff is died.
Matter is adjd. for NM hearing 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. V. K. Gupta present for plaintiff and sought adjournment to argue on NM. O- Granted as a last chance.
Adv. Asif Memon present for defendant no.02.
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: None present for plaintiff.
None present for defendant.
Record shows that as per submission of advocate of defendant plaintiff is died and LR’s have not applied bringing their names on record. Hence, Keep for order on next date.
Matter is adjd. for order to 16.10.2023.
Next Purpose: ORDER
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Record shows that defendant has informed to the court on 23.06.2023 that sole plaintiff is died. Since then LR’s have not taken steps to bring their names on record. Hence, keep for order on next date.
Matter is adjd. for Order to 04.11.2023.
Next Purpose: ORDER
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
As per record, adv. for defendant had informed to this court that sole plaintiff is died. Defendant no.01 is the legal heir of the plaintiff. However, none of the other legal heir if any has taken steps to bring their names on record. Adv. for plaintiff is absent and not taken steps or to argue the Notice of Motion pending since last more than 04 years. Hence, in view of submission that sole plaintiff is died, following order is passed.
Order:
1. Suit no.2901/2015 is abated against and accordingly disposed off.
2. As the main matter is disposed off, Notice of Motion no. 905/2016, Notice of Motion no.4972/19, Notice of Motion no.4958/19 and Notice of Motion no.2576/18 are dismissed and disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 04-11-2023Additional Case Details
Additional Case Details
Filing Number: 114335/2019 Filing Date: 26-12-2019 First Hearing Date: 15th January 2020 Decision Date: 04th November 2023 Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE
Orders
1Final Order 104 Nov 2023
04 Nov 2023
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104958/2019 Khatun Nisha W/o late Kamruddin Khan Vs Mohd Kayyum Khan and Ors Date : 04-11-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) None present for plaintiff. None present for defendant. As per record, adv. for defendant had informed to this court that sole plaintiff is died. Defendant no.01 is the legal heir of the plaintiff. However, none of the other legal heir if any has taken steps to bring their names on record. Adv. for plaintiff is absent and not taken steps or to argue the Notice of Motion pending since last more than 04 years. Hence, in view of submission that sole plaintiff is died, following order is passed. Order: 1. Suit no.2901/2015 is abated against and accordingly disposed off. 2. As the main matter is disposed off, Notice of Motion no. 905/2016, Notice of Motion no.4972/19, Notice of Motion no.4958/19 and Notice of Motion no.2576/18 are dismissed and disposed off. Nature of Disposal : ABATED Disposal Date : 04-11-2023 -- 1 of 1 --
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