NOTICE OF MOTION
Jagdishchandra Nandkishore Pande (Since Deceased) +1 moreVsM/s. Basantilal Gulabchand
CNR MHCC01000664201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th March 2024
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100257/2019
- Registration Date
- 18 Jan 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 19-03-2019
Business: Adv. for plff. present and has tendered registered N/M No.257/19
Adv. Sachin Joshi for D/2 is present and has filed reply to N/M No.257/19
Rest of the defts are absent.
Plff. to serve N/M on the unserved deft.
Matter is adjd. to. 25.06.2019 for report of service and reply to N/M No.257/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Advocate Mr. Paradkar for Defendant no.2 present
Court is busy in dictating orders on NM in suit nos.3079/09, suit no.172/90 and court has to dictate order on NM in suit no.9777/87, hence case is adjourned to 06/08/2019.
JUDGE
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Court is busy in dictating Judgment in suit no.2140/17 and order on NM in suit no.234/19, hence case is adjourned to 16/10/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Advocate Mr. P. M. Gole for Plaintiff present
Advocate Mr. Sachin Joshi for Defendant no.2 present and submitted that reply on behalf of Defendant no.2 is already filed. Defendant no.2 is directed to serve copy of NM reply upon Plaintiff.
Case is adjourned to 20/03/2020 for Service/Notice of Motion for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Advocate Mr. Tulsidas Gole for Plaintiff present and filed affidavits of service of Notice of Motion, t.o.r.
None present for Defendants/respondents. It seems that due to fear of Corona Virus, Defendants may not have appeared today in the matter hence case is adjourned to 15/07/2020 for no reply order against Defendants.
Next Purpose: ORDER
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: ORDER
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: No one present for Plaintiff.
None present for Defendants.
Roznama dated 20/12/2019 shows that Defendant no.2 was directed to serve copy of Notice of Motion reply upon Plaintiff, hence affidavit of service of notice of motion reply by Defendant no.2 is awaited.
As per roznama dated 19/03/2019, my learned predecessor has directed Plaintiff to serve notice of motion on unserved Defendants, hence Plaintiff is directed to file affidavit of service of notice of motion no.257/2019 upon unserved Defendants.
Case is adjourned to 26/10/2020 for filing of affidavit of service of notice of motion by Plaintiff and for filing affidavit of service of notice of motion reply by Defendant no.2.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for NM service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv Mr. Tulsidas Gole for plff present and mentioned the matter in the morning session. He submitted that deft No.2 alone has filed reply and other defts have not appeared despite service of the notices. He submitted that affidavit of service of notices on those defts is already filed.
K.B. in the afternoon session.
L.O. at 3.40 p.m.
None appeared for the contesting deft No.2.
None appeared for other defts also.
ld. advocate for plff had sought adjournment by mentioning the matter in the morning session.
As nobody is present for the defts, matter is adjd. for appearance of other defts than deft No.2 to 05.04.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present for the plaintiff.
Advocate Sachin Joshi present for defendant No.2 and submitted that defendant No.2 has already filed reply.
As nobody is present for the plaintiff, considering the present Pandemic Condition, matter adjourned at same stage beyond Summer Vacation.
Matter is adjd. for appearance to 30.06.2021.
Judge
Next Purpose: FOR APPERANCE
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plff.
Deft No.2 present in person.
As nobody is present for the plff, N.M.No.257/19 be kept for dismissal order on next date.
Matter is adjd. for NM dismissal order to 11.11.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv Mr.Kanojia present for plff. and requested to remove the matter from dismissal caption.
Deft No.2 is present.
Adv Mr.Sachin Joshi present for deft.Nos.1 and 2 and submitted that plff has not served NM NO.257/2019 on the other defts.
Adv for the plff seeks time to serve the other defts. O- Last chance is granted.
Matter is adjd. for service to 21.01.2022.
Next Purpose: SERVICE
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv Mr. Gole present for plff.
Adv Mr. Sachin Joshi present for deft.No.2.
Adv for plff seeks adjournment for filing service affidavit in respect of other defts, if not already filed. He seeks longer date in the end of July.
Matter is adjd. for filing service affidavit to 25.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Tulsidas Gole for plaintiff present.
Def. no. 2 is present
Advocate for the plaintiff submit that servic eaffidavit is already filed.
Sheristedar to check record
Matter adjd for NM hearig/service affidavit to 14.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None present for plaintiff.
Adv.Sachin Joshi for deft.No.2 present.
Read the roznama dated 22.03.2022. The plaintiff sought adjournment for filing service affidavit in respect of service to other defendants. The service affidavit dated 20.03.2020 contain acknowledgment cards of defendant No.4 and defendant No.2. In respect of rest of the defendants acknowledgment cards are not produced. The plaintiff to produce proof of service in respect of rest of the defendants.
Matter adjd to 22.11.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv.Vikas Kapil h/f.Adv.Bhole for plaintiff present.
Adv.Sachin Joshi for deft.No.2 present.
On oral request of the plaintiff matter adjd to 15.02.2023 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: None present for both sides.
(As Court is busy in dictating judgment in SU No.7400/2001 and order in other matters, hence, adjourned.)
Matter adjd to 24.04.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: None present for both sides.
Matter adjd to 21.07.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: None present for plaintiff.
Defendant no.2 in person present
Matter is adjd. for affidavit of service to 05/10/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Adv. Sachin Joshi for plaintiff present.
Adv. Gole for defendant present.
Matter is adjd.to 12-12-2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Adv. Tulsidas Gole for plaintiff present.
Adv. Sachin Joshi for defendant no. 2 present.
By consent Matter is adjourned to 24-01-2024 for affidavit of serivce.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: I
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: None for plaintiff.
Adv. Sachin Joshi for defendant no. 2 present.
From the perusal of the record, it is apparent that though the NM is taken out in the month of January 2019 for restoration of suit no. 4124/09 which was dismissed for default on 15-12-2018, the plaintiff failed to serve the defendant no. 1, 3a, 3b, 3c and 3d the NM. The plaintiff is not taking the steps diligently in the matter to serve the said defendants to the NM and to proceed with the same. It may also the notice that the affidavit in support of the NM is not affirmed by the plaintiff but by this counsel Adv. Tulsidas Gole. Since none is present for the plaintiff to proceed with the NM, the same is liable to be dismissed for default. NM No. 257/19 stands dismissed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 15-03-2024Additional Case Details
Additional Case Details
Filing Number: 100754/2019 Filing Date: 18-01-2019 First Hearing Date: 19th March 2019 Decision Date: 15th March 2024 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 115 Mar 2024
15 Mar 2024
Order Details: Other Pdf Text: IN THE COURT OF Shri. V. M. Pathade COURT 62 ADDL SESSIONS JUDGE Case No.: NOTICE OF MOTION / 100257 / 2019 CNR Number: MHCC010006642019 1.Jagdishchandra Nandkishore Pande (Since Deceased) 2.Shri Vinay J. Pande Vs M/s. Basantilal Gulabchand Tulshidas M. Gole Advocate / Todays Date Roznama Next/Disposal Date 15-03-2024 None for plaintiff. Adv. Sachin Joshi for defendant no. 2 present. From the perusal of the record, it is apparent that though the NM is taken out in the month of January 2019 for restoration of suit no. 4124/09 which was dismissed for default on 15-12-2018, the plaintiff failed to serve the defendant no. 1, 3a, 3b, 3c and 3d the NM. The plaintiff is not taking the steps diligently in the matter to serve the said defendants to the NM and to proceed with the same. It may also the notice that the affidavit in support of the NM is not affirmed by the plaintiff but by this counsel Adv. Tulsidas Gole. Since none is present for the plaintiff to proceed with the NM, the same is liable to be dismissed for default. NM No. 257/19 stands dismissed accordingly. DISMISSED: Proceeding is closed Judge 15-03-2024 -- 1 of 1 --
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.