NOTICE OF MOTION
Geeta Rohit JainVsGauvabai Shivappa Tungalkar -Tubachi And Anr
CNR MHCC0100100420192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th October 2023
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100386/2019
- Registration Date
- 28 Jan 2019
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: 08-02-2019 Business: Matter is adjd. to. 18.04.2019 for report of service of writ of summons. Next Purpose: NOTICE OF MOTION Next Hearing Date: 13-03-2019 Date: 13-03-2019 Business: By preicpe Adv. for plff. present and has tendered registered N/M No.386/19 along with supporting affd. t.o.r deft. and his adv. absent. Adv. for plff. submits that the defts have refused the accept the service of N/M as well as writ of summons when attempted to be served by hand delivery and by RPAD. In view of this it is d directed that service be completed through court bailiff. Re-issue writ of summons to the defts. Matter is already adjd. to.30.03.2019 for report of service of writ of summons and N/M through court bailiff. Next Purpose: NOTICE OF MOTION Next Hearing Date: 30-03-2019 Date: 30-03-2019 Business: Adv. for plff. present. deft. and his adv. absent. Re-issue writ of summons to the defts. On request of Adv. for plff. Matter is adjd. to. 11.06.2019 for report of service of writ of summons and N/M. Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-06-2019 Date: 11-06-2019 Business: As Court is busy in Judgement 4997/12. Hence Board is discharged. Matter is adjd. to. 08/08/2019 for NM Hearing. Next Purpose: NOTICE OF MOTION Next Hearing Date: 08-08-2019 Date: 08-08-2019 Business: As court is vacant, hence board is discharged. Next Purpose: NOTICE OF MOTION Next Hearing Date: 30-09-2019 Date: 30-09-2019 Business: Court is vacant. Next Purpose: NOTICE OF MOTION Next Hearing Date: 15-11-2019 Date: 15-11-2019 Business: Adv. Bommer for plff present. On oral request of advocate for plaintiff is permitted for extension for time to served writ of summons upon deft through court bailiff. Adjd for Service 24.01.2020. Next Purpose: NOTICE OF MOTION Next Hearing Date: 24-01-2020 Date: 24-01-2020 Reason For Adjournment: court time is over Next Purpose: SERVICE Next Hearing Date: 23-03-2020 Date: 23-03-2020 Business: adjourned Next Purpose: SERVICE Next Hearing Date: 01-04-2020 Date: 01-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 16-04-2020 Date: 16-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 05-05-2020 Date: 05-05-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 27-05-2020 Date: 27-05-2020 Business: National Lockdown Next Purpose: SERVICE Next Hearing Date: 12-06-2020 Date: 12-06-2020 Next Purpose: SERVICE Next Hearing Date: 05-08-2020 Date: 05-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 03-10-2020 Date: 03-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 03-12-2020 Date: 19-01-2021 Business: None present. Matter stands Adj for service of N/M to 03.02.2021. Next Purpose: SERVICE Next Hearing Date: 03-02-2021 Date: 19-01-2021 Business: None present. Matter stands Adj for service of N/M to 03.02.2021. Next Purpose: SERVICE Next Hearing Date: 03-02-2021 Date: 03-02-2021 Business: None present. Matter stands Adj for Service to 04/03/2021. Next Purpose: SERVICE Next Hearing Date: 04-03-2021 Date: 04-03-2021 Business: None present for plff. Plff failed to file affidavit of service of writ of summons and NM on deft. Hence last chance is granted to plff to file affidavit of service, in default dismissal as case is pending since 2019. Matter stands Adj for Affidavit of Service to 17/04/2021. LO 3.58 pm Adv Bommer Limbadri for plff present. Time be extended on writ of summons. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 17-04-2021 Date: 17-04-2021 Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 01-07-2021 Date: 17-04-2021 Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 01-07-2021 Date: 01-07-2021 Business: Due to covid-19 matter is adjourned. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-08-2021 Date: 13-08-2021 Business: Plff and her Adv absent. Inspite of sufficient opportunities, NM and writ of summons are not served on defts. Matter stands Adj for Affidavit of Service as last chance to 04/10/2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 04-10-2021 Date: 04-10-2021 Business: Adv Bommer Limbadri for plaintiff present. Defendant and his advocate absent. As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for Affidavit of service to 25.11.2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 25-11-2021 Date: 04-10-2021 Business: Adv Bommer Limbadri for plaintiff present. Defendant and his advocate absent. As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for Affidavit of service to 25.11.2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 25-11-2021 Date: 25-11-2021 Business: Adv. Naik for defendant No. 1 and 2 present. Plaintiff and advocate absent. Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged. Adjd. 12/01/2022 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 12-01-2022 Date: 25-11-2021 Business: Adv. Naik for defendant No. 1 and 2 present. Plaintiff and advocate absent. Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged. Adjd. 12/01/2022 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 12-01-2022 Date: 12-01-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 03-03-2022 Date: 03-03-2022 Business: None for plff. Plff failed to file affidavit of service of writ of summons on defts inspite of granting sufficient opportunities. Hence matter stands Adj for Dismissal order to 16/04/2022. Next Purpose: DISMISSAL Next Hearing Date: 16-04-2022 Date: 16-04-2022 Business: Adv Bommer Limbadri for plff present. He seeks time to file affidavit of service. Granted. However case is already fixed for dismissal order. In the interest of justice, at the request of Adv for plff, matter stands Adj for Dismissal Order to 14/06/2022. Next Purpose: DISMISSAL Next Hearing Date: 14-06-2022 Date: 14-06-2022 Business: Adv. Bommer Limbadri for plaintiff present. He seek time for filing affidavit of service. Time granted. Matter is affidavit of service to 08/07/2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 08-07-2022 Date: 08-07-2022 Business: Both parties and their advocate are absent. Matter is adjd for affidavit of service to 05/08/2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 05-08-2022 Date: 05-08-2022 Business: Adv. Bommer Limbadri for plaintiff present. He filed affidavit of service. TOR. Defendant no. 1 and 2 are duly serve but absent. N/m no. 386/2019 to proceed further without reply of defendants. None for defendant. Parties are directed to give CTS number of suit property. Matter is adjd for hearing to 01/10/2022. Next Purpose: HEARING Next Hearing Date: 01-10-2022 Date: 01-10-2022 Business: Both parties and their advocate are absent. Parties are directed to give CTS number of suit property. Matter is adjd for hearing to 26/11/2022. L. O. Adv. Prakash Sutar appeared for defendant no1 and 2 present. He filed V/p Exh 2. TOR. Already adjd to 26/11/2022. Next Purpose: HEARING Next Hearing Date: 25-11-2022 Date: 25-11-2022 Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022. Next Purpose: HEARING Next Hearing Date: 10-12-2022 Date: 25-11-2022 Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022. Next Purpose: HEARING Next Hearing Date: 10-12-2022 Date: 10-12-2022 Business: None for plaintiff present. Adv. Prakash Sutar for defendant present. He seek time for hearing. Time granted. Parties are directed to give CTS number of suit property. Matter is adjd for hearing to 17/02/2023. Next Purpose: HEARING Next Hearing Date: 17-02-2023 Date: 17-02-2023 Business: None for plaintiff present. Adv. Prakash Sutar for defendant present. Last chance granted to plaintiff to work out n/m, on failure further order will be passed on next date. Matter adjourned for hearing to 19/04/2023. Next Purpose: HEARING Next Hearing Date: 19-04-2023 Date: 19-04-2023 Business: Both parties and their advocate are absent. Matter adjourned for hearing to 07/07/2023. Next Purpose: HEARING Next Hearing Date: 07-07-2023 Date: 07-07-2023 Business: Both parties and advocate absent. Matter adjourned for hearing on 27/07/2023. Next Purpose: HEARING Next Hearing Date: 27-07-2023 Date: 27-07-2023 Business: Both parties and advocate absent. Matter adjourned for hearing on 19.08.2023. Next Purpose: HEARING Next Hearing Date: 19-08-2023 Date: 27-07-2023 Business: Both parties and advocate absent. Matter adjourned for hearing on 19.08.2023. Next Purpose: HEARING Next Hearing Date: 19-08-2023 Date: 19-08-2023 Business: Plaintiff and advocate absent. Advocate Mr. Prakash Sutar for defendant present. Matter adjourned for hearing on 26.09.2023. Next Purpose: HEARING Next Hearing Date: 26-09-2023 Date: 19-08-2023 Business: Plaintiff and advocate absent. Advocate Mr. Prakash Sutar for defendant present. Matter adjourned for hearing on 26.09.2023. Next Purpose: HEARING Next Hearing Date: 26-09-2023 Date: 26-09-2023 Business: Both parties and advocates are absent. As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned. Matter is adj. for hearing to 30/10/2023. Next Purpose: HEARING Next Hearing Date: 30-10-2023 Date: 26-09-2023 Business: Both parties and advocates are absent. As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned. Matter is adj. for hearing to 30/10/2023. Next Purpose: HEARING Next Hearing Date: 30-10-2023 Date: 30-10-2023 Business: Both parties and advocate absent. Since long matter is posted for NM hearing. The record shows that, plaintiff is not interested to conduct the Notice of motion. Hence, notice of motion no. 386/2019 is dismissed for default. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 30-10-2023
Additional Case Details
Additional Case Details
Filing Number: 101077/2019 Filing Date: 28-01-2019 First Hearing Date: 08th February 2019 Decision Date: 30th October 2023 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
1Final Order 130 Oct 2023
30 Oct 2023
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100386/2019 Geeta Rohit Jain Vs Gauvabai Shivappa Tungalkar -Tubachi And Anr Date : 30-10-2023 Business : Both parties and advocate absent. Since long matter is posted for NM hearing. The record shows that, plaintiff is not interested to conduct the Notice of motion. Hence, notice of motion no. 386/2019 is dismissed for default. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 30-10-2023 COURT 02 ADDL SESSIONS JUDGE -- 1 of 1 --
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