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NOTICE OF MOTION

Shri Nandkumar Gunda SadavarVsSmt. Bhavna Niranjan Vyas And Ors

CNR MHCC0100047220192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 14th March 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100168/2019
Registration Date
11 Jan 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: 15-01-2019
    Business: None present for the plff.
    Adv Mr.Ruchit Tolat for deft no.1 present.
    Ex.3 V/n tendered by deft no1 t.o.r. Filed.
    Reply to NM tendered by deft no.1 t.o.r.
    He has submitted that he is ready for arguments in NM.
    KB.
    L.O. at 4.30pm.
    Adv Mr.Kharatmol for plff present.
    Adv. Mr.Ruchit Tolat for deft no.1 present.
    Original NM No.168/19 alongwith affidavit in support tendered by plff t.o.r.
    Adv for deft no.1 has submitted that behind his back, order has obtained without due service. Therefore, he is opposing for continuation of earlier order and requested to vacate the order. Ld.Adv for the plff has submitted that today reply has been filed by deft no.1 and he is ready to make arguments in NM on merits tomorrow. Hence earlier order shall continue till 16.01.2019 and NM No.168/19 be kept for final hearing.
    Matter is adj to 16.01.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv. Kharat for Plaintiff present.
    Adv. Thorat for Defendant present.
    K.B.
    L.O.
    Earlier order to continue till next date.
    Adj for NM hearing to 18.01.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Business: Adv. Kharatmol for Plaintiff present.
    Son of Deft no.1 present.
    Earlier order to continue till next date.
    Adj to 16.02.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Adv. Kharatmol for Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff want time to file rejoinder. Granted.
    Earlier order to continue till next date.
    Adj for rejoinder to 11.04.2019.
    Next Purpose: REJOINDER
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Anil Kharatmol for Plaintiff present.
    None for Defendant.
    Adv for Plaintiff sought time to file rejoinder.
    Time is granted to file rejoinder.
    Earlier order to continue till next date.
    Adj for rejoinder to 03.07.2019.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Anil S. Kharatmol for plaintiff present.
    Adv. Ruchir Tolat for defendant No.1 present.
    Rejoinder is not filed despite grant of chances therefore matter is posted for NM hearing. Meanwhile, earlier order to continue till next date.
    Adjd to 01.08.2019 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv. Kharatmol for Plaintiff present.
    Adv. Ruchit Tolat for defendant no.1 present.
    Earlier order, if any to continue till next date.
    As Court is busy in dictating orders in other matters, hence adj for NM hearing to 19.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Adv.Karatmol for plaintiff present.
    None for defendant present.
    Heard argument of adv for plaintiff.Earlier order to continued adj. For argument of defendant.
    Matter is adj to 5.10.2019 for reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Notice of motion is already adjourned to 5.10.2019
    Adjd to 5.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv.Kharatmol for Plaintiff present.
    None for defendant.
    Earlier order, if any to continue till next date.
    Adjd. To 16.11.2019 for reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Adv. Kharatmol for plaintiff present.
    Defendant no 2 failed to file reply to the NM though appeared.
    Therefore, NM 168/19 to proceed without reply against defendant no 2
    Defendant no 3 failed to appear despite service of NM so NM 168/19 to proceed ex-parte against defendant no 3.
    Last chance is granted to defendant no 1 to make her submission in relation to NM 168/19.
    Earlier order, if any to continue till next date.
    Matter is adjourned for NM hearing 2.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Adv. Kharatmol for plaintiff present.
    Son of defendant no 1 present.
    On request of son of defendant no 1 last chance is granted for NM hearing.
    Adjourned for NM hearing to 13.12.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Kharatmol for plaintiff present.
    Adv. Tolat for defendant no 1 present.
    As court is busy in passing order in other matter, hence matter is adjourned.
    Earlier order, if any to continue till next date.
    Adjourned to 13.01.2020 for hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: As PO is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv Kharatmol for plff present.
    Son of deft no. 1 present.
    Earlier order continued till next date.
    Matter stands Adj for NM hearing to 03/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv Anil Kharatmol for plff present.
    Adv Ruchit Kolati for deft no. 1 present.
    He submitted that plff is in possession of room no. 701, Dharavi Trasit Camp.  However he pointed out that prayer clause (a) in the suit bears different description of suit premises.  Plff to take steps.
    Earlier order continued till decision of NM 168/2019.
    Matter stands Adj for taking steps to 14/03/2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: Adv Anil Kharatmol for plff present.
    He tendered draft CS.  Leave granted to register.  Copy be served to other side.
    Matter stands Adj for CS reply to 21/03/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None present.
    Matter stands Adj for Chs Reply to 22.04.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-04-2020
    
    Date: 21-03-2020
    Business: None present.
    Matter stands Adj for Chs Reply to 22.04.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-05-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-06-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv Kharatmol for plff present.
    Earlier Order Continue.
    Matter stands Adj for CS Reply to 08/02/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Anil S. Kharatmol for plff present.
    Earlier order continue till next date, if any.
    Adv for defendant absent.
    Matter stands Adj for Ch/s Reply to 11/03/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 08-02-2021
    Business: Adv. Anil S. Kharatmol for plff present.
    Earlier order continue till next date, if any.
    Adv for defendant absent.
    Matter stands Adj for Ch/s Reply to 11/03/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Anil Kharatmol for plff present.
    Earlier order to continue.
    He is directed to register the CS before next date and file affidavit of service on the record.
    Matter stands Adj for Affidavit of Service of CS to 06/04/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Matter pertains to C. R. No. 02.
    Adv Anil Kharatmol for plff present.
    Earlier order continue till next date.
    Matter stands Adj for Affidavit of Service to 11/06/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to Covid - 19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2021
    
    Date: 11-06-2021
    Business: Due to Covid - 19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Adv Anil Kharatmol for plff present.
    He seeks time to file affidavit of service.
    None for deft.
    Earlier order continue till next date.
    Matter stands Adj to 14/10/2021 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Kharatmol for plaintiff present.
    He tendered registered chamber summons 734/2021 , he also filed affidavit of service.
    As Court is buzy in administrative work.
    Adjd to 26.11.2021 for chamber summons reply.
    Earlier order if any continued till next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv Anil Kharatmol for plff present.
    Adv Kailas Pathak appeared for deft no. 1 and undertakes to file VP and CS reply on next date.
    Copy of CS 731/2021 is given to Adv for deft no. 1 in the Court.
    Earlier order to continue till next date.
    Matter stands Adj for CS Reply to 15/01/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adv. Kharatmol for plaintiff present.
    Adv. Kailash Pathak for deft.no.1 present and filed Vakalatnama t.o.r. and marked as Exh.4,
    Earlier order to continue till next date.
    Adjourned to 07.03.2022 for Reply,
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv Anil Kharatmol for plff present.
    Adv Kailas Pathak for deft no. 1 present.
    He submitted that he has no objection to allow the CS.
    None for other defts.
    Earlier order continue till next date.
    Matter stands Adj for CS Reply to 18/04/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Matter pertains to C. R. No. 02.
    Adv Pooja for plff present.
    None for deft.
    Earlier order to continue till next date.
    Matter stands Adj for CS Reply to 20/06/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Matter pertains to C. R. No. 2
    Adv. Anil S. Kharatmol for plaintiff present.
    None for defendant.
    Earlier order continue till next date.
    Matter is adjd for ch/s reply to 19/07/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2022
    
    Date: 20-06-2022
    Business: Matter pertains to C. R. No. 2
    Adv. Anil S. Kharatmol for plaintiff present.
    None for defendant.
    Earlier order continue till next date.
    Matter is adjd for ch/s reply to 19/07/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2022
    
    Date: 20-06-2022
    Business: Matter pertains to C. R. No. 2
    Adv. Anil S. Kharatmol for plaintiff present.
    None for defendant.
    Earlier order continue till next date.
    Matter is adjd for ch/s reply to 19/07/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Kharatmol for plff present.
    None for deft.
    Earlier order to continue till next date
    Parties are directed to give CTS number of suit property.
    Adjd for reply on Chamber summons on 15.9.22.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-09-2022
    
    Date: 19-07-2022
    Business: Adv. Kharatmol for plff present.
    None for deft.
    Earlier order to continue till next date
    Parties are directed to give CTS number of suit property.
    Adjd for reply on Chamber summons on 15.9.22.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-09-2022
    
    Date: 19-07-2022
    Business: Adv. Kharatmol for plff present.
    None for deft.
    Earlier order to continue till next date
    Parties are directed to give CTS number of suit property.
    Adjd for reply on Chamber summons on 15.9.22.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Kharatmol for plaintiff present.
    None for defendant present.
    FRSR following order passed
    Order
    1) Chamber summons no. 731/2021 is hereby allowed.
    2) Plaintiff is permitted to correct prayer (a) as per Schedule with  no order as to costs.
    3)Plaintiff to carry out amendment within a 14 days from today.
    Earlier order to continue till next date.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for compliance to 16/11/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Adv.  Shilpa Sharma for plaintiff present.
    She seek time for compliance. Time granted.
    None for defendant present.
    Earlier order to continue till next date.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for compliance to 13/1/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv. Khartmol for plaintiff present. He seek time for service of amended copy on defendant. Time granted.
    None for defendant present.
    Earlier order to continue till next date.
    Matter is adjourned to 01/03/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: Adv.  Atul Sonawane h/f Kharatmol for plaintiff present.
    He seek time for service of copy of amended plaint. Time granted.
    None for defendant present.
    Matter adjourned to 28/04/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv.  Khartmol for plaintiff present.
    He seek time for compliance. Time granted as last subject to undertaking to make compliance, on failure earlier order will stands vacated automatically on next date.
    None for defendant present.
    Earlier order to continue till next date.
    Matter adjourned for compliance to 17/06/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Adv.  Mr. Kharatmol for plaintiff present.
    Earlier interim order if any to continue till next date.
    O- Last chance granted.
    Matter adjourned for Compliance on 05.07.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Both parties and advocate absent.
    L.O.
    Adv. Anil Khartmol for plaintiff present.
    Earlier order, if any to be continued till next date.
    Matter adjourned for Compliance on 21.08.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Advocate Mr. Kharatmol for plaintiff present and seeks time. O- Granted as a last chance.
    Defendant and advocate absent.
    Earlier order, if any to be continued till next date.
    Matter adjourned for Compliance on 08.09.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Advocate Mr. Kharatmol for plaintiff present and seeks time. O- Granted as a last chance.
    Defendant and advocate absent.
    Earlier order, if any to be continued till next date.
    Matter adjourned for Compliance on 03.10.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Both parties and advocate absent.
    Matter adjourned for Compliance on 04.11.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Son of defendant present.
    Plaintiff and advocate absent.
    Matter adjourned for Compliance on 02.12.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Plaintiff and advocate absent.
    Matter adjourned for Compliance on 21.12.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: Both parties and advocate absent.
    Matter adjourned for Compliance on 24.01.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Both parties and advocate absent.
    Matter adjourned for Compliance on 14.03.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Plaintiff and advocate absent.
    Since long matter is posted for Compliance. Sufficient opportunities have been given to plaintiff for compliance. As plaintiff remain absent, Notice of motion no. 168/2019 stands dismissed for default and dismissed for non compliance.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 14-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100535/2019
    Filing Date: 11-01-2019
    First Hearing Date: 15th January 2019
    Decision Date: 14th March 2024
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Mar 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100168/2019
    Shri Nandkumar Gunda Sadavar Vs Smt. Bhavna Niranjan Vyas And Ors
    Date : 14-03-2024
    Business : Plaintiff and advocate absent. Since long matter is posted for
    Compliance. Sufficient opportunities have been given to
    plaintiff for compliance. As plaintiff remain absent, Notice of
    motion no. 168/2019 stands dismissed for default and
    dismissed for non compliance.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 14-03-2024
    COURT 02 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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