NOTICE OF MOTION
Ali Akbar Mehdiyan And OrsVsMohamed Ali Khalool And Ors
CNR MHCC0101406620184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 10th February 2020
TrustJury record updated 15 Sept 2026
Case Overview
- Registration Number
- 104219/2018
- Registration Date
- 03 Nov 2018
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: 16-11-2018
Business: plff. and his adv. absent.
deft. and his adv. absent.
Court is busy in argument in suit No. 2592/17 and order Ch/sum No.1463/17 in old suit No.6293/07and argument in H.C.T.B N/M No.2979/15 in suit No. 1732/15.
Matter is adjd. to. 28.11.2018 for reply
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: Adv. Rahul Mystry for plff. present.
Adv. Bhairavi Pathak for D/1(a) to 3(d) I/b I.R. Joshi for deft. present.
Adv. for plff. filed registered N/M No.4219/18 alongwith supporting affd. t.o.r
Matter is adjd. to. 14.12.2018 for reply to N/M No.4219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Date: 08-01-2019
Business: Adv. Rahul Mistry for plff. present.
Adv. Bhairavi Pathak I/b I.R. Joshi for D/(a) to 3(d) and 4 present.
As court is busy in hearing on N/M No.4854/18 and RTI Application Hence, Matter is adjd. to. 23.01.2019 for reply to N/M No.4219/18 and report of service of N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Matter is adjd. to. 12.02.2019 for reply to N/M No.4219/18 and report of service of N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Plff.No.1 Ali Akbar Mehdiyan is present and submits that the plff.No.3 is not impowered to act on his behalf. He is at liberty to take appropriate steps in this regard.
Adv. for plff.No.3 present.
Adv. Bhairavi Pathak I/b I.R. Joshi and Company for D/1(a) to 3(d) and 4 present.
Matter is adjd. to. 07.03.2019 for filing detail affd. of service of N/M on D/5(a) and reply to N/M No.4219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Plff. No.3 for himself and for D/2 and 4(a) to 4(e).
Adv. for plff.No.1 is present and has filed V/P on behalf of plff.No.1 t.o.r
Adv. Bhairavi Pathak I/b I.R. Joshi for D/(a) to 3(d) and 4 present and has filed registered N/M No.4763/18 along with supporting affd and affd. of service. t.o.r
Matter is adjd. to.27.03.2019 for hearing on N/M No.4763/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Adv. for plff.No.1 is present
Exh.9 Adv. for plff. No.3 and CA 2(a) and 4(a) to 4(e) present and and has filed application for transposition of plff.No.1 as defendant. t.o.r. Copy is served on adv. of plff.No.1 and D/1(a) to 3(d) and 4.
Adv. Urvi Shah I/b I.R. Joshi and Company for D/1(a) to 3(d) and 4 is present.
Exh.8 Adv. for plff.No.1 submits that she has filed application on last date for necessary direction to the court receiver. However it appears that it is not recorded in the roznama dtd. 07.03.2019. The application is however on record. Hence, now it is taken on record and marked as Exh.8
Matter is adjd. to.25.04.2019 for reply and hearing on application Exh.8 and 9 and hearing on N/M No.4763/18.
Next Purpose: REPLY
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: On request of Adv. for 2 to 4 Matter is adjd. to. 01/08/2019 for filing legible copy of postal acknowledgement about service on defendant no. 5a and for reply of the plaintiffs to NM No. 4763/18.
Next Purpose: REPLY
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: As Court is vacant hence board is dicharged.
Next Purpose: REPLY
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Court is vacant, hence board is discharge
Next Purpose: REPLY
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Next Purpose: REPLY
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Rahul Mestri for plff present.
Adv. Vidhi Patel for deft no. 1(a) and (b), 2(a), 3(a) to (d) present and filed Vakalatnamas for deft no. 1(a) and (b), 2(a), 3(a) to (d). TOR.
None for other defendants.
On oral request of advocate for defendants, adjd for NM Reply to 04.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Vani for plff no. 2(a) to 4(a) present.
Adv. Bhat for deft 1(a) and (b), 2(a), 3(a) to (d) present.
On oral request of advocate for aforesaid defts, adjd for N/M Reply to 27.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Rahul Mestry for plaintiff no. 2 to 4 present.
Adv. Nishant Rathod for defendants no. 1a,1b,2a, 3a to 3d present.
On oral request of Ld. Adv. for defendants no. 1a,1b,2a, 3a to 3d adjournment granted as last chance.
Adjd to 07-02-2020 for nm reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Rahul Mistry for plaintiff present.
Adv. Rathod for defendant present.
Adjd to 10-02-2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Dhwani for plaintiffs no. 2 to 4 present.
None for other plaintiffs.
Adv. Nishant Rathod for defendants no. 1a,1b,2a,3a to 3d present.
None for other defts.
KB LO
Order on NM NO. 4219/18 -
In this Notice of Motion for restoration of the suit, the defendants have not taken objection to the same. It is pertinent to note that suit was dismissed in default on 26-10-2018 and instant Motion is filed within a week i.e. on 03-11-2018. There is no delay in filing the notice of motion. In view of all the above aspects Notice of motion is allowed and made absolute in terms of prayer clause (a)and (b). All interim orders are also restored. Suit be registered and be kept fixed at its earlier stage. Notice of motion is disposed off accordingly.
Adjd to 12 -03-2020 for R/E
Nature Of Disposal: ALLOWED
Disposal Date: 10-02-2020Additional Case Details
Additional Case Details
Filing Number: 115004/2018 Filing Date: 03-11-2018 First Hearing Date: 16th November 2018 Decision Date: 10th February 2020 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
2Final Order 110 Feb 2020
10 Feb 2020
Order Details: Other
Order 110 Feb 2020
10 Feb 2020
Order Details: Other
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