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NOTICE OF MOTION

Swetamber Tapagacehhiya Murtipujak R.Jain SanghVsAshok Roopchand Malesha

CNR MHCC01001156202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th July 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100321/2020
Registration Date
18 Jan 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 27-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Business: Adjourned due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None present for both the parties.
As nobody present for both the parties, considering present pandemic condition, matter is adjd. for NM reply to 23.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None present for both the parties.
Leave to register NM was granted to the defendant on  14.01.2020. It appears that despite getting the NM registered as N.M. No.321/2020, it is not tendered in the Court till date hence, said N.M. be kept for dismissal order on next date.
Matter is adjd. for NM dismissal to 14.06.2021.
Judge
L.O. at 3.40
Adv Mr. Samir Sarmalkar for deft present and seeks adjournment. As nobody was present for the deft, on request of advocate for deft matter be removed from NM dismissal caption and be kept for NM hearing on next date.
Already adjd. to 14.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None present for plff.
Adv Mr.Samir Salmalkar for deft present and seeks time to tender registered NM No.321/2020 in the Court. O-Time granted till next date.
Matter is adjd. for NM hearing to 16.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Mr.Chavan h/f Adv Mr.Shukla  for plff present and seeks time by submitting that parties have settled the matter.
None present for deft.
On request of adv. for plff matter is adjd. for settlement/NM hearing to 05.10.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Manager Ashok Kumar Jain of plff present and seeks adjournment by submitting that matter is settled out of Court but adv. for plff is not present today.
None present for deft.
Matter is adjd. as a last chance for settlement/NM hearing to 17.11.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Manager Ashok Kumr Jian for plff present.
None present for deft.
Court is busy in other matters hence, matter is adjd. for NM hearing to 10.01.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv.Pathak h/f. Manoj Shukla for the plaintiff present and seeks adjournment by submitting that matter is almost settled.
None present for defendant.
Adjourned for settlement/NM hearing to 22/02/2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Adv Mr. Pathak h/f Adv Mr. Shukla present for plff.  and seeks adjournment.
None present for deft.
As nobody is present for deft, on request of adv. for plff, matter is adjd. for NM hearing to 21.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv Mr. Pathk h/f Adv Mr. Shukla present for plff. and seeks adjournment by submitting that matter is almost settled.
None present for deft.
On request of adv for plff, matter is adjd. for settlement/NM hearing to  22.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: None present for both sides.
KB
LO at
Authorised representative of plaintiff Mr.Gheverchand Chinilal Jain who is also signatory of the plaint is present.
Adv.Pathak h/f.Adv.Manoj Shukla for plaintiff present.
Plaint, Exh.1
Vakalatnama, Exh.2
Memorandum of registered address, Exh.3
List of documents, Exh.4
The plaintiff filed application for withdrawal of the suit. TOR and marked as Exh.5.
Heard the Ld.Adv.for the plaintiff and the authorised representative                        of the plaintiff. The plaintiff submits that plaintiff wants to withdraw this suit unconditionally. Hence, following order is passed below Exh.5.
ORDER BELOW EXH.5
1. The application is allowed
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.5 and today\''s order passed thereon.  The plaintiff wants to withdraw this suit unconditionally. In view of order below Exh.5, the plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.321/20
Read the application, Exh.5 and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Hence, I passed the following order.
ORDER
1. Notice of Motion No.321/2020 is dismissed.
2. Parties to bear their own costs.
LO at 05.05 pm
The Sheristedar informed that registered NM No.321/20 is not tendered by the defendant. The defendant is absent, hence, issue notice to the defendant to tender the NM No.321/2020 on Courts motion.
Nature Of Disposal: DISMISSED
Disposal Date: 16-07-2022

Additional Case Details

Additional Case Details
Filing Number: 100951/2020
Filing Date: 18-01-2020
First Hearing Date: 27th February 2020
Decision Date: 16th July 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
16 Jul 2022

Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100321/2020 Swetamber Tapagacehhiya Murtipujak R.Jain Sangh Vs Ashok Roopchand Malesha Date : 16-07-2022 Business : None present for both sides. KB LO at Authorised representative of plaintiff Mr.Gheverchand Chinilal Jain who is also signatory of the plaint is present. Adv.Pathak h/f.Adv.Manoj Shukla for plaintiff present. Plaint, Exh.1 Vakalatnama, Exh.2 Memorandum of registered address, Exh.3 List of documents, Exh.4 The plaintiff…

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