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NOTICE OF MOTION

Smt. Miradevi w/o late Surendra Kumar Singh (Kharwar)VsThe Principal and Anr.

CNR MHCC0100170320201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 05th April 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100660/2020
Registration Date
10 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Smt. Miradevi w/o late Surendra Kumar Singh (Kharwar)

    Respondent

    1. 1The Principal and Anr.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-05-2020

Date: 27-05-2020
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: NOTICE OF MOTION
Next Hearing Date: 12-06-2020

Date: 12-06-2020
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: NOTICE OF MOTION
Next Hearing Date: 24-06-2020

Date: 24-06-2020

Date: 29-09-2020

Date: 15-12-2020
Business: None for plaintiff.
Adv. Joshi for deft. no.1 present.
The matter is adjd for N/M reply to 13.01.2021.
L.O.
Adv. Richa Singh for plaintiff present.
The matter is already adjd for N/M reply to 13.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv. Shrinivas Singh for plaintiff present.
Adv. Joshi for deft. no.1 present.
Deft. no.1 Principal Dr. Ganpati Hegde present.
Adv. S.J. Mathew for deft. no.2 present.
Ld. counsel for deft. no.1 tenders draft N/M along with written statement.  Leave is granted to register.
The written statement will be taken on record subject to the decision of draft N/M tendered.
Ld. counsel for deft. no.1 filed reply to N/M of plaintiff. T.O.R.
ORDER ON DRAFT N/M OF DEFT. NO.1
Heard. Ld. Counsel for deft. no.1 submitted that deft. no.1 received the writ of summons.  The copy of plaint and other proceedings were supplied to the deft. no.1 in second week of the March.  On or about 12th March, the counsel for deft. no.2 informed that the settlement talks are going on.  Thereafter, due to outbreak of Corona Virus-2019 and imposition of lockdown, the Courts were not functioning regularly.  The deft. no.1 wish to file the written statement and hence, the same be taken on record by condoning the delay.
     Ld. Counsel for plaintiff has no objection for the same. In view of the above reasons, the N/M needs consideration.  Even otherwise, there should not be any hyper-technical and pedantic approach in dealing with such type of motions.  Hence, in the interest of justice, it is expedient to pass the following order.
ORDER
1.   Draft N/M is made absolute in terms of prayer clause (a) and (b).
2.    Deft. no.1 to register the draft N/M for statistical purposes.
Written statement of deft. no.1.  T.O.R.
The matter is adjd for order on consent terms to 18.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Richa Singh for plaintiff present.
None for deft.
Adv. for plaintiff tendered registered N/M No.660/20. T.O.R.
The matter is adjd for settlement to 20.01.2021.
L.O.
Adv. Singh for plaintiff present.
Adv. Joshi for deft. no.1 present.
Adv. Mathew for deft. no.2 present.
Disposed off N/M after registration as registered N/M No.142/21 tendered by Adv. for deft. no.1.  T.O.R.
The matter is already adjd for settlement to 20.01.2021 at 11.00 am.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: None for plaintiff.
Adv. Mathews for deft. no.2 present.
Parties to convince the Court on the enforceability of consent terms.
The matter is adjd for settlement to 25.01.2021.
L.O.
Adv. Nishit Joshi for deft. no.1 present.
The matter is already adjd for settlement to 25.01.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv Singh for plff present.
Adv. Nishit Joshi for deft. no.1 present.
Adv Mathew for deft no. 2 present.
Ld Counsel for plff seeks time for hearing on consent terms.
The matter is adjd for hearing on consent term to 28.01.2021.
Next Purpose: HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Richa Singh for plaintiff present.
Adv. Joshi for deft. no.1 present.
Adv. Mathews for deft. no.2 present.
The matter is adjd for hearing on consent terms to 16.02.2021.
Next Purpose: HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None for plaintiff.
Adv. Joshi for deft. no.1 present.
Adv. Mathews for deft. no.2 present.
As plaintiff\''s counsel is not present, the matter is adjd for hearing to 08.03.2021.
Next Purpose: HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Richa Singh for plaintiff present.
Adv. Sonal Breed for deft. no.1 present.
Ld. counsel for plaintiff seeks adjournment for hearing as son of the plaintiff passed away.  Granted.
The matter is adjd for N/M hearing to 05.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv.Mr.Shrinivas Singh for plaintiff present.
Plaintiff present.
Adv.Mr.Joshi for defendant no.1 present.
Adv.Mr.S.J. Mathew for defendant no.2 present and defendant no.2 present.
Application for withdrawal of the suit
ORDER BELOW EX.1 AND 9
Read application.  Plaintiff wish to withdraw the suit as the dispute is settled between plaintiff and defendant no.2 out of court. On behalf of defendant no.1 it is submitted to the order of the Court and defendant no.2 has given no objection for withdrawal of the suit.  On verification of the plaintiff, she submitted that she wish to withdraw the suit.  Hence, it is expedient to pass following order-
ORDER
1. Suit is disposed off as withdrawn.
2. Parties to bear their own costs.
3. Court fee be refunded to the plaintiff as per rules.
4. Pending notice of motion no.660/2020 and the consent terms(Ex.7) being infructuous hence disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 05-04-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101247/2020
Filing Date: 10-02-2020
First Hearing Date: 12th March 2020
Decision Date: 05th April 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Apr 2021
    Order Details: Notice of Motion
Pdf Text: Adv.Mr.Shrinivas Singh for plaintiff present.
Plaintiff present.
Adv.Mr.Joshi for defendant no.1 present.
Adv.Mr.S.J. Mathew for defendant no.2 present and defendant no.2 present.
Application for withdrawal of the suit
ORDER BELOW EX.1 AND 9
Read application. Plaintiff wish to withdraw the suit as the dispute is settled between plaintiff and
defendant no.2 out of court. On behalf of defendant no.1 it is submitted to the order of the Court and
defendant no.2 has given no objection for withdrawal of the suit. On verification of the plaintiff,
she submitted that she wish to withdraw the suit. Hence, it is expedient to pass following order:-
ORDER
1. Suit is disposed off as withdrawn.
2. Parties to bear their own costs.
3. Court fee be refunded to the plaintiff as per rules.
4. Pending notice of motion no.660/2020 and the consent terms(Ex.7) being
infructuous hence disposed of.
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