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NOTICE OF MOTION

Mrs. Dipali Dilip JadhavVsMrs. Sarita Uday Mayekar and Ors.

CNR MHCC0100122220201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 07th October 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100479/2020
Registration Date
30 Jan 2020

Advocates

2

For Petitioner

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: 08-04-2020

Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present.
The matter is adjd for reply to 11.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: None for plaintiff.
Adv. Anushka S. for deft. no.1 present.  Deft. no.1 present.
Last chance is granted to plaintiff to file reply on Exh.5 and N/M No.479/20.
The matter is adjd for reply on Exh.5 and N/M no.479/20 to 11.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Gaikwad h/f. Adv. Mhatre for plaintiff present.
Adv. Anushka Shreshtha for deft. no.1 present.
Adv. Dinesh Mishra h/f. Adv. Sandip Kadu for deft. no.2 present.
Ld. counsel for plaintiff seeks time to file reply. Already last chance was granted to plaintiff to file reply to Exh.5 and N/M no.479/20 hence, Exh.5 and N/M No.479/20 to proceed without reply of plaintiff.
The matter is adjd for hearing on Exh.5 and N/M no.479/20 to 27.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 04.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: P.O is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: None present for plaintiff.
Adv. Anushaka for defendant no.1 is present.
Adv. Sandip Karu for defendant no.2 is present.
                   Order below NM No. 479/2020
Perused the notice of motion which is supported by an affidavit Sarita Mayekar who is defendant no.1. As per order dtd. 11.03.2021, this notice of motion is proceeded without reply of the plaintiff. It is submitted that the written statement is ready and already filed on record. The contents of paras no. 2 to 4 of the affidavit in support suggest that there was no intentional or deliberate delay in filing written statement. Satisfactory reasons are mentioned, for giving an opportunity to defendant no.1 to contest the suit on merits, I pass the following order-
                                          ORDER
Notice of Motion No. 479/2020 is allowed and made absolute interms of prayer clause (a). The written statement so filed by defendant no.1 is t.o.r marked as Exh.6. Notice of motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 07-10-2021

Additional Case Details

Additional Case Details
Filing Number: 100858/2020
Filing Date: 30-01-2020
First Hearing Date: 27th February 2020
Decision Date: 07th October 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
07 Oct 2021
Order Details: Notice of Motion
Pdf Text: 34 07.10.2021
SU 2160/19
NM
479/2020
Exh.6
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
None present for plaintiff.
Adv. Anushaka for defendant no.1 is present.
Adv. Sandip Karu for defendant no.2 is present.
Order below NM No. 479/2020
Perused the notice of motion which is supported by an
affidavit Sarita Mayekar who is defendant no.1. As per order
dtd. 11.03.2021, this notice of motion is proceeded without
reply of the plaintiff. It is submitted that the written
statement is ready and already filed on record. The contents
of paras no. 2 to 4 of the affidavit in support suggest that
there was no intentional or deliberate delay in filing written
statement. Satisfactory reasons are mentioned, for giving an
opportunity to defendant no.1 to contest the suit on merits,
I pass the following order
ORDER
Notice of Motion No. 479/2020 is allowed and made
absolute interms of prayer clause (a). The written statement
so filed by defendant no.1 is t.o.r marked as Exh.6. Notice
of motion is disposed of accordingly.
Heard partly on Exh.5. Matter adjourned for further
argument and case laws.
Matter adjd for further argument on Exh.5 on
06.12.2021.
Judge
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