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NOTICE OF MOTION

Mr. Navin Shantilal Dehia and Anr.VsNew Asha Nagar CHSL and Ors.

CNR MHCC01000326202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 12th January 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100128/2020
Registration Date
08 Jan 2020

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: 17-01-2020
    Business: Adv. Neha Pandey for plaintiff present.
    Adv. Jagdish Mali for defendant no.1 present.
    Adv. for plff tendered registered original NM 128/2020 alongwith affidavit. t.o.r.
    Adv. for deft no.1 filed  reply to NM 128/2020. t.o.r. O-read and recorded.
    Ld counsel for the deft no.1 filed Draft NM alongwith affidavit. t.o.r O-seen.
    Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
    Matter adjd for tendering registered notice of motion alongwith service affidavit, filing rejoinder if any and reply to the draft NM
    on 21/02/2020 at 02.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Narvekar for plaintiff present.
    Adv. Jagdish Mali for defendant No.1 present.
    Adv Shirin Shaikh for defendant no.4 present.
    Ld Adv for defendant no.1 tendered original registered NM 623/2020 along with affidavit t.o.r.
    Ld Adv for plaintiff seeks time to file reply. Time granted till next date.
    Matter adjd for NM reply to 17-03-2020 at 2.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None present.
    KB L.O. at 2.44 pm
    Adv Neha Pande for plaintiff present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for NM reply to 24-06-2020 at 2.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv. Neha Pande for plaintiff present.
    None for defendant.
    Today matter is for NM reply.
    Ld Adv for plff filed rejoinder in NM 128/2020 t.o.r. O- R and R.
    Ld Adv for plaintiff is ready to serve copy of rejoinder to the defendant no.1.
    L.O. at 2.46 pm
    Adv Narvekar for plaintiff present.
    None for defendant.
    Ld adv for plaintiff submits that time be granted to file reply to NM no. 623/2020. Time granted till next date.
    Matter adjd for NM reply in NM 623/2020 and NM hearing in NM 3938/19 and NM 128/2020 to 29-01-2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Neha Pandey for plaintiff present and seeks time to file reply.
    Adv. Jagdish Mali for defendant present.
    Adjd for NM reply to 01/04/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is Vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Court is Vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: As Court is Vacant Board Discharged adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Matter called out at 2.58 pm
    Adv Neha Pandey for plff present
    Adv Jagdish Mali for Defendant No.1 present
    Adv for plff seeks time to file reply.  Matter is pending since long for reply on NM.  Granted strictly as a last chance.
    Matter is adjd on 07.09.2022 for NM ReplyRejoinder
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Matter called out at 3.03 pm
    Adv Karan Choudhary for plff present
    Adv Jagdish Mali for defendant present
    Adv for plff requests time to file reply on NM 623/2020.
    Adv for defendant No.1 objects request by submitting that since last one and half year the matter is for reply of plff.  On the last date the request of the adv for plff allowed as a last chance.  Adv for plff is unable to give specific reason for failure to file reply.  Therefore, request of the adv for plff is refused and  Notice of Motion No. 623/2020 shall proceed without reply of plff.
    Matter is adjd on 15.11.2022 for NM Argument
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: Adv. Sachin Bansode h/f Adv A.M. Saroagi for plaintiff present.
    Adv. Jagdish Mali for defendant No.1 present.
    Advocate for plaintiff seeks time to argue the matter. Short time is granted.
    Matter Adjd on 06.01.2023 for N/M Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: Adv. Mr. Karan Choudhary for the plaintiff is present.
    Adv. Mr. Jagdish Mali for the defendant is present.
    Heard both the sides on NM No. 623/2020.
    Matter is adjd on 06/02/2023 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv. Neha Pandey for plaintiff present.
    Adv. Jagdish Mali for defenant no. 1 present.
     KB for order on Nm 623/20
    F.R.S.R. following order is passed on Nm 623/20
    Order
    1. Notice of motion 623/20 is made absolute in terms of prayer clause (a) and (b).
    2. Notice of motion 623/20 is accordingly disposed off.
    Adv. for defendant no. 1 tendered written statement. TOR and marked as Exh. 4. O- R and R.
    Copy be served upon other side.
    Matter is adjd on 29-03-2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Jagdish F.Mali for defendant No.1 present.   He filed pursis (Exh-5) contenting that the suit had become infructuous.  Call say of plaintiff.
    Matter is adj to 31/08/2023 for say on Exh-5
    Next Purpose: REPLY
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Sana Khan for plaintiff present.
    Adv.Jagdish Mali for defendant No.1 present.   He served copy of Exh-5 on the plaintiff.
    Matter is adj to 08/11/2023 for reply on Exh-5 and both N/M.
    Later on at 4.01pm
    Adv.Akshita Phophalia h/f Adv.Nitesh Agarwal for defendant No.4 filed appearance pursis T.O.R marked as Exh-6.
    Next Purpose: REPLY
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Sana Khan for plaintiff present.   She filed reply to Exh-5 marked as Exh-7.
    Adv.Anand Bhatia for defendant No.1 present.  He filed list of documents and reply on plaintiffs reply Exh-7 which is marked as Exh-8.
    Adv.Nitesh Agarwal filed vakalatnama for defendant No.4 marked as Exh-9.
    Suit is already proceeded against defendant Nos.2 and 3.
    Matter is adj to 06/01/2024 for reply on Exh-5,7 and 8 by defendant No.4 and argument of the plaintiff.
    Next Purpose: REPLY
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Ravindra Singh h/f Adv.Ashok Saraogi for plaintiff present.
    Adv.Anand Bhatia for defendant No.1 present.
    Defendant No.4 failed to file reply on Exh-5.  In view of the reply of the plaintiff Exh-7 the suit does not survive. However at the request of advocate for the plaintiff next date is given for argument on Exhibit-5.  Plaintiff to remain present in person on next date.
    Matter is adj to 12/01/2024 for argument on Exh-5 at 11.00am
    Later on at 3.12pm
    Adv.Akshita Phophalia for defendant No.4 present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Anand Bhatia for defendant No.1 present.
    Kept back for order.
    Matter called out at 4.01pm
    Plaintiff present-Navin Shantilal Dehia.
    Adv.Ravindra Singh for plaintiff present.  He filed application           (Exh-10) to withdraw the suit.
    The defendant No.1 has already filed an application at Exh-5 stating that suit be disposed off as it has become infructuous now the plaintiff wants to withdraw the suit keeping open his rights available to seek remedy as per law.   In such circumstances no prejudice will cause to defendants if the plaintiff is permitted to withdraw the suit.  Accordingly Exh-10 is allowed.  Suit is disposed off as withdrawn.  The plaintiff shall have liberty to take recourse to the legal remedies available as per law.  Court fee be refunded as per the rules.
    In view of disposed off the suit both N/M do not survive accordingly N/M No.128/2020 and N/M No.3938/2019 are disposed off.
    It is submission Ld.Adv. for the plaintiff in view of the disposed off the suit application exhibit-5 moved by defendant be made absolute.  As suit is disposed off application Exh-5 does not survive hence disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 12-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100105/2020
    Filing Date: 08-01-2020
    First Hearing Date: 17th January 2020
    Decision Date: 12th January 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Jan 2024

    Order Details: Notice of Motion Pdf Text: 26 to 28 12/01/2024 SUIT 2691/19 NM 3938/19 NM 128/20 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for plaintiff. Adv.Anand Bhatia for defendant No.1 present. Kept back for order. Matter called out at 4.01pm Plaintiff present-Navin Shantilal Dehia. Adv.Ravindra Singh for plaintiff present. He filed application (Exh-10) to withdraw the suit. The defendant No.1 has already filed an application at Exh-5 stating that suit be disposed off as it has become…

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