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NOTICE OF MOTION

Nisha Nitin Wadkar and Anr.VsMHADA and anr.

CNR MHCC0100106320208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st January 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100416/2020
Registration Date
28 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: 31-01-2020
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: matter adjd to 24.03.2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 17/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: None for plaintiff.
    Adv. Mangal Kadam for the defendants No.1 and 2.
    Matter is adjd. to 09/06/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Due to COVID-19 pandemic
    Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: None present for both sides.
    Matter is adjd. to 09-12-2021 for hearing without W/ST.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: None present for the plaintiff.
    Adv Mangal Kadam present for the MHADA.
    Matter is adjd. to 01.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: Adv.Abduliha Maknojia for palintiff is present.
    None for defendant.
    Leave is extended for registration of NM.
    Matter is adjd. to 01.04.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: None present  for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for nm hrg. To 10/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendant 01 and 02/MHADA.
    None present for other defendants.
    As plaintiffs and their advocates are absent, Matter adjourned for dismissal order to 19/07/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Narvekar present for plaintiff and sought adjournment to file reply.
    Adv. Mangal Kadam present for defendant 01 and 02/MHADA and sought adjournment to file reply.
    Matter adjourned for nm hearing to 29/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Adv. Sana khan present for plaintiff and submitted that, plaintiff has withdrawn brief of the present matter from advocate on record.
    Adv. Mangal Kadam present for defendants/MHADA.
    Husband of plaintiff is present and sought adjournment.
    Matter adjourned for nm hearing to 29/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Son of Plaintiff in person present and sought adjournment.
    Adv. absent for plaintiff.
    Adv. Holmagi present for defendant.
    Matter adjourned for nm hearing/order to 21/09/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None present for the plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for nm hearing to 07/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for dismissal order of nm no. 466/2020 to 19/11/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None present for plaintiff.
    None present for defendants.
    Plaintiff no. 01 in person present and sought adjournment.
    Matter adjourned for NM hearing/order to 20.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    As plaintiff and his adv. are absent, since long , Matter adjourned for nm dismissal order to 21/01/23.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: None present for plaintiff.
    None present for defendants.
    From the record it appears that, plaintiff and her adv are absent since long and did not take steps to proceed further with the Notice of Motion no. 416/2020. Hence, Notice of Motion no. 416/2020 is kept for dismissal order. However, today also plaintiff and her adv are absent and did not take steps for proceeding further with the Notice of Motion no. 416/2020. From the above conduct of the plaintiff it appears that plaintiff is not interested to proceed with the Notice of Motion no. 416/2020. Considering the above fact, it will be appropriate to dismiss the Notice of Motion no. 416/2020 for default as per Order 9 Rule 3 of Code of Civil Procedure. Hence, Notice of Motion no. 416/2020 is dismissed as per Order 9 Rule 3 of Code of Civil Procedure.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101264/2020
    Filing Date: 28-01-2020
    First Hearing Date: 31st January 2020
    Decision Date: 21st January 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Jan 2023
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100416/2020
    Nisha Nitin Wadkar and Anr. Vs MHADA and Anr.
    Date : 21-01-2023
    Business : None present for plaintiff. None present for defendants.
    From the record it appears that, plaintiff and her adv are
    absent since long and did not take steps to proceed further
    with the Notice of Motion no. 416/2020. Hence, Notice of
    Motion no. 416/2020 is kept for dismissal order. However,
    today also plaintiff and her adv are absent and did not take
    steps for proceeding further with the Notice of Motion no.
    416/2020. From the above conduct of the plaintiff it
    appears that plaintiff is not interested to proceed with the
    Notice of Motion no. 416/2020. Considering the above fact,
    it will be appropriate to dismiss the Notice of Motion no.
    416/2020 for default as per Order 9 Rule 3 of Code of Civil
    Procedure. Hence, Notice of Motion no. 416/2020 is
    dismissed as per Order 9 Rule 3 of Code of Civil
    Procedure.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 21-01-2023
    COURT 08 ADDL SESSIONS JUDGE
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