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NOTICE OF MOTION

Mahesh s - o Chotturam SharmaVsKiran Manoj Agarwal And Anr

CNR MHCC01001612201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 29th November 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100630/2019
Registration Date
12 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: 15-02-2019
    Business: Matter is adjd. to. 11.04.2019 for report of service of N/M and writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Court is busy in dictating order on NM in suit no.4108/10 as well as court has to hear urgent matters, hence case is adjourned to 13/11/2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2020
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Advocate Ravindra Singh for Plaintiff present and sought extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
    Case is adjourned to 18/06/2020 for filing affidavit of service of writ of summons.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-08-2020
    
    Date: 18-06-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-10-2020
    
    Date: 14-08-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-01-2021
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Adv Mr. Singh h/f Adv Mr. Sarogi for plff presnt and seeks time to file affidavit of service.
    On request of advocate for plff matter is ajd. For compliance to 09.04.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: None present for both the parties.
    Considering present pandemic condition, as nobody is present for the defendants, matter adjourned beyond summer vacation at same stage to
    For NM hearing to 05.07.2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 05-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: None present for both the parties.
    K.B.
    L.O. at 3.45 p.m.
    Adv.Ms. Sana Khan for plff present and filed affidavit of service of writ of summons and affidavit of service of NM. Perusal of the affidavit shows that the service of Notice of Motion is shown to have effected in year 2019 whereas service of writ of summons is shown to have effected in year 2020. Adv. for the plff is ready to serve the deft afresh with writ of summons and notice of motion.
    Matter is adjd. for fresh service to 21.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv Ms. Narvekar present for plff. and seeks time to file affidavit of service.
    None present for deft.
    Matter is adjd. for affidavit of service to 07.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Ms. Sana Khan for plff present and seeks time to file affidavit of service of writ of summons and NM.
    None present for deft.
    Matter is adjd. for filing affidavit of service to 04.02.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv Mr. Neha Pandey present for plff. and mentioned the matter in the morning session.
    She filed affidavit of service  in NM No.630/2019 alongwith RPAD receipts and returned postal envelopes.
    Defts did not appear.
    Matter is adjd. for order to 24.06.2022.
    Next Purpose: ORDER
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Court on leave
    Next Purpose: ORDER
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv.Karan Choudhary h/f.Adv.Ashok Sarogi for plaintiff present.
    None present for deft.
    KB
    LO at 05.30 pm
    As Court is busy in other matters, hence, adjourned.
    Matter adjd to 20.08.2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 20-08-2022
    
    Date: 22-07-2022
    Business: Adv.Karan Choudhary h/f.Adv.Ashok Sarogi for plaintiff present.
    None present for deft.
    KB
    LO at 05.30 pm
    As Court is busy in other matters, hence, adjourned.
    Matter adjd to 20.08.2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    None present for deft.
    KB
    LO at 05.50 pm
    As Court is busy in dictating orders in Notice of Motion No.121/14 and NM 1678/19 hence, matter adjd to 19.10.2022 for ex-parte order.
    Next Purpose: ORDER
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: None present for both sides.
    KB
    LO at 03.00 pm
    Adv.Sana Khan h/f.Adv.Sarogi for plaintiff present.
    KB
    LO at 05.20 pm
    None present for both sides.
    Perused record of the case. Proof of service of suit summons is insufficient. Plaintiff to take steps.
    Matter adjd to 13.01.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv.Karan Chaudhary h/f.Adv.Ashok Sarogi for plaintiff present.
    None present for defendants.
    KB
    LO at 03.50 pm
    Adv.Karan Chaudhary h/f.Adv.Ashok Sarogi for plaintiff present. Read the service affidavit filed in motion on 08.04.2022. The service is refused by defendant Nos.1 and 2, hence, motion No.630/2019 to proceed without reply of defendants. Plaintiff to take steps regarding service of suit summons.
    Matter adjd to 24.03.2023 for service affidavit of suit summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Adv. Karan Choudhari h/f Adv. Ashok Sarogi for plaintiff present and tendered service affidavit. TOR and marked as Exh. 5.
    None for defendant.
    Matter is adjd.to   19-07-2023 for order against defendant.
    Next Purpose: ORDER
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to  13-10-2023 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 05-12-2023 for Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 12.01.2024 for NM rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Later on at 3.53 pm.
    Adv. Altaf Hussain for plaintiff present.
    Matter stands adjourned on 14.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 12-01-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Later on at 3.53 pm.
    Adv. Altaf Hussain for plaintiff present.
    Matter stands adjourned on 14.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Advocate Vikas Mishra h/f. Advocate A.M. Saraogi for Plaintiff present.
    None for defendants No.1 and 2 present.
    Matter stands adjourned on 18.06.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2024
    
    Date: 14-03-2024
    Business: Advocate Vikas Mishra h/f. Advocate A.M. Saraogi for Plaintiff present.
    None for defendants No.1 and 2 present.
    Matter stands adjourned on 18.06.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: Advocate Vikas Mishra h/f Advocate Ashok Saraogi for plaintiff present and requested for grant of adjournment. O-Granted.
    None for defendants present.
    Matter stands adjourned on 04.09.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 18-06-2024
    Business: Advocate Vikas Mishra h/f Advocate Ashok Saraogi for plaintiff present and requested for grant of adjournment. O-Granted.
    None for defendants present.
    Matter stands adjourned on 04.09.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: P.O. is on Medical Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2024
    
    Date: 04-09-2024
    Business: P.O. is on Medical Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Notice of Motion is pending since 2019. Record reflects that plaintiff is not diligent in prosecuting with Notice of Motion. Hence, Notice of Motion No.630/2019 is posted for dismissal order.
    Matter adjourned for Notice of Motion dismissal.
    Matter stands adjourned on 29/11/2024 for Notice of Motion dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-11-2024
    
    Date: 06-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Notice of Motion is pending since 2019. Record reflects that plaintiff is not diligent in prosecuting with Notice of Motion. Hence, Notice of Motion No.630/2019 is posted for dismissal order.
    Matter adjourned for Notice of Motion dismissal.
    Matter stands adjourned on 29/11/2024 for Notice of Motion dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Notice of Motion No. 630/2019 is pending for dismissal order. The plaintiff has not taken any steps for proceeding with Notice of Motion No. 630/2019. Hence, Notice of Motion No. 630/2019 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.630/2019 in Suit No.239/2019 is closed. Parties to take note.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 29-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101749/2019
    Filing Date: 12-02-2019
    First Hearing Date: 15th February 2019
    Decision Date: 29th November 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    29 Nov 2024
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100630/2019
    Mahesh s - o Chotturam Sharma Vs Kiran Manoj Agarwal And Anr
    Date : 29-11-2024
    Business : None for plaintiff present. None for defendant present. Keep
    Back. Later on. Notice of Motion No. 630/2019 is pending for
    dismissal order. The plaintiff has not taken any steps for
    proceeding with Notice of Motion No. 630/2019. Hence,
    Notice of Motion No. 630/2019 is dismissed in default and for
    want of prosecution. Proceeding of Notice of Motion
    No.630/2019 in Suit No.239/2019 is closed. Parties to take
    note.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 29-11-2024
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