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NOTICE OF MOTION

Abdul Kadar Yadil ShaikhVsTapas Kumar Das

CNR MHCC0101359320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 20th January 2020

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104978/2019
Registration Date
27 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: 03-01-2020
    Business: Plaintiff present.
    Witness with adv. R.S. Mamale with defendant present.
    Kept back
    Later on at 12 noon.
    Advocate Mr. Vyas for Plaintiff present and filed registered Notice of Motion no.4978/2019 with affidavit in support, t.o.r. and submitted that prior to recording cross examination of DW-1 decision of Notice of Motion no.4978/19 is necessary to avoid further complications.
    Advocate for Defendant submitted that will file reply to Notice of Motion no.4798/19 on next date because copy of said Notice of Motion is served upon Defendant on 27/12/2019 and the senior lawyer of Defendant who is going to file reply to Notice of Motion is not available. Considering submissions adjourned.  Defendants advocate is directed to serve copy of NM reply upon advocate for Plaintiff, so that the time bound matter will proceed at the earliest.
    Case is adjourned to 13/01/2020 for reply to Notice of Motion no.4798/19 at 11.00 a.m.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Advocate Mr. Vyas for Plaintiff present
    Advocate Mr. Mhamal for Defendant present and submitted that Defendant is not intending to file NM reply, but Defendant is intending to file written notes of arguments about Notice of Motion no.4978/19 Defendant is directed to serve copy of written notes of arguments of NM upon other side.  As requested by advocate for Plaintiff, kept back at 2.45 p.m. for NM hearing.
    L.O.
    Plaintiff present.
    Advocate for Defendant filed written notes of arguments in respect of Notice of Motion no.4978/19, t.o.r.
    Case is adjourned to 16/01/2020 for NM for hearing.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Advocate Mr. Vyas for Plaintiff present
    Defendant present.
    Court is busy in recording evidence in HC Expedited suit no.2537/13, hence case is adjourned to 20/01/2020.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff with advocate Mr. Vyas present.
    Defendant with advocate Mr. R. S. Mhamane for Defendant present
    F.R.S.R. following order has passed-
                                         ORDER
    Notice of Motion No.4978 of 2019 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.3000/- to be paid by Plaintiff to Defendant. It is made clear that the cost is awarded not as punishment but to discourage Plaintiff from re-opening the trial again and again and as a reminder to every Plaintiff to take care of his own matter because Plaintiff is aways said to be master of suit.
    Cost amount of Rs.3000/- is paid by Plaintiff\''s advocate to Defendant for compliance of the order passed by this Court in Notice of Motion  no.4978/19.
    Case is adjourned to 27/01/2020 for Plaintiffs further examination in chief for proving the documents.
    Nature Of Disposal: ALLOWED
    Disposal Date: 20-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 114401/2019
    Filing Date: 27-12-2019
    First Hearing Date: 03rd January 2020
    Decision Date: 20th January 2020
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Jan 2020
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0104978/2019
    Abdul Kadar Yadil Shaikh Vs Tapas Kumar Das
    Date : 20-01-2020
    Business : Plaintiff with advocate Mr. Vyas present. Defendant with
    advocate Mr. R. S. Mhamane for Defendant present
    F.R.S.R. following order has passed- ORDER Notice of
    Motion No.4978 of 2019 is made absolute in terms of
    prayer clause (a) and (b), subject to cost of Rs.3000/- to be
    paid by Plaintiff to Defendant. It is made clear that the cost
    is awarded not as punishment but to discourage Plaintiff
    from re-opening the trial again and again and as a reminder
    to every Plaintiff to take care of his own matter because
    Plaintiff is aways said to be master of suit. Cost amount of
    Rs.3000/- is paid by Plaintiff&amp#039s advocate to
    Defendant for compliance of the order passed by this Court
    in Notice of Motion no.4978/19. Case is adjourned to
    27/01/2020 for Plaintiffs further examination in chief for
    proving the documents.
    Nature of Disposal : ALLOWED
    Disposal Date : 20-01-2020
    COURT 9 ADDL SESSIONS JUDGE
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