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NOTICE OF MOTION

Santoshi Santosh Adelkar - Suit No. 2578/2010VsPranali Prakash Adelkar and Ors.

CNR MHCC01002059201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th March 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100524/2018
Registration Date
08 Feb 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-02-2018
    Business: Both parties and advocates are absent.
    Adjd to 27.02.2018 for NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-02-2018
    
    Date: 27-02-2018
    Business: Adv. Redekar for plff present.
    Adv. Sagar Talekar for Deft present.
    Registered NM no.524/18 tendered by Deft.
    Plff submitted that copy of NM is received.
    Adj for reply on NM to 26.03.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-03-2018
    
    Date: 26-03-2018
    Business: Adv. Redekar for plff present.
    Adv. Rikame for deft present.
    K.B.
    L.O.
    Appln. filed by deft.no.1 and 2.
    Say endorsed by plff on Exh.3.
    K.B. for order.
    L.O.
    Order below Exh.3.
    Heard argument of both parties.
    Ld.Adv for plff showed no objection for release of attachment. However he prayed for issuance of directions to take effective steps for withdrawal of complaint and mutating name of plff to the shop. Hence following order.
    ORDER
    1. Permission is granted to the plaintiff to withdraw an amount of Rs.1,50,000/-.
    2. Order of attachment of salary stands vacated.
    3. Salary of defendant is hereby released from attachment.
    4. Defendant is directed to take necessary steps for withdrawal of complaint and entering the name of defendant to shop as per consent terms dtd.16.10.2015.
    Adj to compliance to 20.04.2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2018
    
    Date: 20-04-2018
    Business: Adv. Redekar for decree holder present.
    Adv. Talekar for Resp present.
    With consent of both parties, adj to 13.07.2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-10-2018
    
    Date: 26-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Pltff present.  Adv. for pltff  absent.
    Mr. Prakash Adelkar husband for deft  present. Adv. for deft. absent.
    Matter adjd to 29.1.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Adv. Mr.Redekar for Plaintiff/ decree holder present.
    Adv. Mr. K.G. Rikame for Defendant nos. 2 and 3 present.
    At request of both side adjd for steps.
    Matter is adjd.for steps on 27.06.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: None for plaintiff present.
    Adv. for defendant absent.
    Mr. Prakash Adelkar, deft is present.
    Matter is adjd. for steps on 03.08.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-08-2019
    
    Date: 03-08-2019
    Business: None present.
    Matter is adjd.for steps on 16.11.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: None present.
    Adjd. for steps to 8/1/2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for NM hearing to 15-06-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Nobody present.
    Adjd for NM hearing to 18/03/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Nobody present.
    The execution proceeding is listed on 03.04.2021 on verification of CIS hence adjourned.
    Adjd for NM hearing to 03/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 11-04-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv Benny Joseph, Adv Nikunj Mehta and Adv Pallavi Kamaath I/b BJ Law office LLP for plff DH
    None for def JD
    Matter is adjd on 26.08.2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Matter called out at 3.04 pm
    None for plff
    None for Defendant
    Matter is adjd on 12.10.2022 for NM  Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Matter called out at 3.07 pm
    Adv S.S.Redekar for plff DH present
    None for defendant
    Adv for plff seeks time to take instructions about the settlement between the parties.
    Matter is adjd on 09.12.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: None present
    Matter is adjd on 03.02.2023 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: None present for both parties.
    Matter is adjd on 13-04-2023 for Nm hearing.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy passing the order in other matter hence, second session remaining board is discharged with directions parties may mark their appearance, file necessary application with Sheristedar.
    Matter is adj to 10/08/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Both parties are absent.  The plaintiff is also absent since 26/08/2022 it shows that plaintiff is not interested to proceed with the matter, hence keep for dismissal order.
    Matter is adj to 24/11/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: PO IS ON LEAVE
    Reason For Adjournment: court time is over
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    kept back.
    Matter called out at 4.13pm
    None present.
    On last date it was observed that the plaintiff was absent since 26/08/2022. However record shows that on 12/10/2022 the advocate for plaintiff was present.  Hence plaintiff is granted last chance to take the steps.
    Matter is adj to 16/03/2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    kept back.
    Matter called out at 5.21pm
    None present.
    Plaintiff failed to take the steps and applicants in N/M No.524/18 also failed to proceed with N/M hence EA No.379/17 and N/M No.524/18 is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 16-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102201/2018
    Filing Date: 08-02-2018
    First Hearing Date: 12th February 2018
    Decision Date: 16th March 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    16 Mar 2024
    Order Details: Notice of Motion
    Pdf Text: 06,13
    16/03/2024
    EA 379/17
    NM 524/18
    CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    kept back.
    Matter called out at 5.21pm
    None present.
    Plaintiff failed to take the steps and applicants in N/M No.524/18
    also failed to proceed with N/M hence EA No.379/17 and N/M
    No.524/18 is dismissed for want of prosecution.
    Judge
    -- 1 of 1 --
    Order 1
    16 Mar 2024
    Order Details: Notice of Motion
    Pdf Text: 06,13
    16/03/2024
    EA 379/17
    NM 524/18
    CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    kept back.
    Matter called out at 5.21pm
    None present.
    Plaintiff failed to take the steps and applicants in N/M No.524/18
    also failed to proceed with N/M hence EA No.379/17 and N/M
    No.524/18 is dismissed for want of prosecution.
    Judge
    -- 1 of 1 --

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