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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

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: 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: 10-02-2020

    Additional 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

    2
    Final Order 1
    10 Feb 2020
    Order Details: Other
    Order 1
    10 Feb 2020
    Order Details: Other

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