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NOTICE OF MOTION

Mr. Priyank Ganesh ChudasamaVsMr. Pratap Lalji Joshi

CNR MHCC0100154620191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 31st March 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100600/2019
Registration Date
07 Feb 2019

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: 11-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Resumed.
    The P.O. is busy in hearing NM arguments in suit no. 1164/2018, 2783/2014 and 3399/2013 and order on NM  in suit no. 103/2014.  For want of time the board is discharged.
    Adjd for NM reply to 01.04.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Business: Resumed.
    The P.O. is busy in hearing ad-interim reliefs arguments in Suit No. 2612/2015 and dictating Ch/s order in suit No. 868/2013.  For want of time the board is discharged.
    Adjd for NM reply to 01.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2019
    
    Date: 01-07-2019
    Business: None present for plaintiff.
    Adv. Aditi Gautam for deft. nos. 24 and 26 present.
    The plaintiff has not filed the proof of writ of summons.  Plaintiff to file service affidavit on or before next date.
    Adjourned for reply to NM and service affidavit to 28.8.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv. Sanket Mungale for plaintiff present.
    Adv. Vankhodkar for defendant nos. 24 and 26 present.
    Plaintiff tendered registered NM No.  600/19.  TOR.
    The ld. counsel for the plaintiff seeks time to file affidavit of service. The Ld. counsel for deft. nos. 24 and 26 seeks time to file reply .
    Adjourned for reply to NM and affidavit of service of writ of summons to 18.10.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Sanket Mungale for plaintiff present.
    The Ld. Advocate for the plaintiff seeks time to file the service affidavit.  He  submitted that defendant no. 1, 14 and 18 were not served and seeks extension of writ of summons qua the said defendants.  Writ of summons is extended qua defendant nos. 1, 14 and 18.
    Adjourned for affidavit of service to 19.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-12-2019
    
    Date: 18-10-2019
    Business: Adv. Sanket Mungale for plaintiff present.
    The Ld. Advocate for the plaintiff seeks time to file the service affidavit.  He  submitted that defendant no. 1, 14 and 18 were not served and seeks extension of writ of summons qua the said defendants.  Writ of summons is extended qua defendant nos. 1, 14 and 18.
    Adjourned for affidavit of service to 19.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-03-2020
    
    Date: 19-12-2019
    Business: Plaintiff present.
    None for deft.
    Plaintiff seeks time to file affidavit of service.  Granted.
    The matter is adjd for affidavit of service to 03.03.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv. Tehas Mahamuni for plaintiff present.
    None for deft.
    Plaintiff filed service affidavit.  T.O.R.
    Deft. nos.14 and 18 are duly served but none appeared on behalf of deft. nos.14 and 18, hence suit to proceed        ex-parte against deft. nos.14 and 18.  From the affidavit of service tendered by plaintiff, it appears that deft. no.1 has not been served, hence plaintiff to take steps to serve deft. no.1.
    None present for deft. nos.24 and 26.  They failed to file W/S, hence suit to proceed without W/S of deft. nos.24 and 26 and N/M to proceed without reply of deft. nos.24 and 26.
    Adv. for plaintiff seeks time to file service affidavit in respect of other defendants.  Granted.
    Issue fresh writ of summons against deft. no.1.
    The matter is adjd for affidavit of service to 24.04.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-04-2020
    
    Date: 03-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-05-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-11-2020
    
    Date: 22-06-2020
    Business: Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: Due to Covid-19, the matter is adjourned to 27.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2021
    
    Date: 10-11-2020
    Business: Due to Covid-19, the matter is adjourned to 27.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present.
    Deft. no.1 is yet to be served.  Last chance is granted to plaintiff to serve deft. no.1.
    The matter is adjd for service to 10.03.2021.
    L.O.
    Adv. Tejas Mahamuni for plaintiff present.
    He tenders original writ of summons.  T.O.R.
    He submitted that all the defendants except deft. nos.1 and 9 remained to be served.
    Plaintiff to take steps in that regard.
    The matter is already adjd for service to 10.03.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-03-2021
    
    Date: 27-01-2021
    Business: None present.
    Deft. no.1 is yet to be served.  Last chance is granted to plaintiff to serve deft. no.1.
    The matter is adjd for service to 10.03.2021.
    L.O.
    Adv. Tejas Mahamuni for plaintiff present.
    He tenders original writ of summons.  T.O.R.
    He submitted that all the defendants except deft. nos.1 and 9 remained to be served.
    Plaintiff to take steps in that regard.
    The matter is already adjd for service to 10.03.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Sanket Mungale for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks extension of time to serve writ of summons to deft. nos.1 and 9.  Granted.
    The matter is adjd for affidavit of service to 27.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-04-2021
    
    Date: 10-03-2021
    Business: Adv. Sanket Mungale for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks extension of time to serve writ of summons to deft. nos.1 and 9.  Granted.
    The matter is adjd for affidavit of service to 27.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    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: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-08-2021
    
    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: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O is on leave. Matter adjd to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Tejas Mahamuni for plaintiff is present.
    None for defendant.
    Matter adjd for affidavit of service on 05.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, therefore matter is adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-03-2022
    
    Date: 05-01-2022
    Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, therefore matter is adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv Mungale for pltff present.
    None for deft.
    Adv for pltff tendered draft CS.  Leave is granted to register the same.
    Adv for pltff has filed an application.  TOR. Marked as Exh. 5
    Order below Exh. 5-
    Perused the application.  Considering the reasons mentioned as per the provisions of Order-5, Rule-20 of the CPC substituted service for deft no. 1 is permitted.  Application Exh. 5 is allowed and disposed of.
    Matter is adjd to 05/07/2022 for service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv Kajal Charasiya for plff is present.
    None present for deft.
    The plff is directed to tender original CS on next date a/w affidavit of service.
    Matter adjd to 30.07.22 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-07-2022
    
    Date: 05-07-2022
    Business: Adv Kajal Charasiya for plff is present.
    None present for deft.
    The plff is directed to tender original CS on next date a/w affidavit of service.
    Matter adjd to 30.07.22 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Plaintiff is present.
    Adv. Mungle for plaintiff is present and tendered original registered CH/S No. 448/22 a/w affidavit in support of CH/S. T.O.R. The plaintiff to file affidavit of service on next date.
    The ld. Adv.for plaintiff has also tendered draft  CH/S a/w affidavit.  O- Leave granted to register.
    None present for defendant.
    Matter adjd to 06.10.2022 for service and CH/S reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-10-2022
    
    Date: 30-07-2022
    Business: Plaintiff is present.
    Adv. Mungle for plaintiff is present and tendered original registered CH/S No. 448/22 a/w affidavit in support of CH/S. T.O.R. The plaintiff to file affidavit of service on next date.
    The ld. Adv.for plaintiff has also tendered draft  CH/S a/w affidavit.  O- Leave granted to register.
    None present for defendant.
    Matter adjd to 06.10.2022 for service and CH/S reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Plaintiff no. 1 present.
    None for defendant.
    Matter adjd for hearing on ch/s and n/m to 14/12/2022.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. S.M. Mungale for plaintiff is present and tendered original registered CH/S No. 1366/22 a/w affidavit in support of it. T.O.R.
    The Ld.Adv.for plaintiff tendered draft (contempt) NM a/w affidavit in support of it. O- Leave granted to register.
    None present for defendant.
    The plaintiff is directed to serve copy of contempt NM on defendant nos. 24 to 27.
    Matter adjd to 16.02.2023 for affidavit of service and reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: By Praecipe.
    NOB.TOB.
    Plaintiff is present.
    Adv. Sameer Solanki h/f Adv. Mungale for plaintiff is present and tendered original registered NM No. 4937/22 a/w affidavit. T. O.R.
    Adv.  Sumeet Vankodkar for defendants no.24 to 27  to  is present.
    The plaintiff has filed pursis t.o.r marked at Exh.6.
    It is submitted that the plaintiff do not want to proceed against defendant nos. 1 to 23. Hence, the matter stands disposed of against defendants no. 1 to 23 as withdrawn unconditionally.
    The plaintiff and defendants no. 24 to 27 filed consent terms t.o.r marked at Exh.7. It is submitted that the matter is amicably settled in between the parties and thus they do not want to proceed with the matter. They prayed to draw decree in view of consent terms.
    Upon inquiry with the plaintiff and defendants no. 24 to 27, they submitted that the matter is amicably settled in between them. Thus, in view of submissions made and consent term Exh.7, the suit stands disposed of in view of consent terms.
    Decree be drawn up in view of consent term Exh.7.
    Court fee, be refunded as per rule.
    As suit stands disposed of CH/S No. 448/22 and CH/S No. 1366/22 as well as NM No. 600/19 and NM No. 4937/22 stands disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 31-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101683/2019
    Filing Date: 07-02-2019
    First Hearing Date: 11th February 2019
    Decision Date: 31st March 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Mar 2023

    Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100600/2019 Mr. Priyank Ganesh Chudasama Vs Mr. Pratap Lalji Joshi Date : 31032023 Business : By Praecipe. NOB.TOB. Plaintiff is present. Adv. Sameer Solanki h/f Adv. Mungale for plaintiff is present and tendered original registered NM No. 4937/22 a/w affidavit. T. O.R. Adv. Sumeet Vankodkar for defendants no.24 to 27 to is present. The plaintiff has filed…

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