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NOTICE OF MOTION

Smt. Gangadevi Bairagi Yadav Through Ramchandra Bairagi YadavVsM/s. A M Realty Pvt. Ltd. Through Bhaskar T. Iyer

CNR MHCC01002088202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th February 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100766/2020
Registration Date
18 Feb 2020

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: 04-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: National Lock down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: Notice of motion
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: None present for Plaintiff.
    Advocate Mr. Vijeyandra Purohit for Defendant present and submitted that copy of plaint and documents is not served by Plaintiff upon Defendant till this date. Hence Plaintiff is directed to comply with order dated 04/03/2020 passed by the Court.  It is made clear that unless Plaintiff serve the copies of plaint and documents upon Defendant, it will not be possible for Defendant to file written statement hence delay if any in filling written statement will be caused it will be on the part of Plaintiff.
    It seems that due to Corona pandemic, Plaintiff and his advocate are absent, hence case is adjourned to 03/03/2021 for compliance by Plaintiff.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None present for plff.
    Adv Mr. Purohit for deft present and submitted that plff has yet not  served the copies of documents despite direction given in roznama dt 04.03.2020.
    As nobody is present for the plff today, matter be kept for NM dismissal order to 03.05.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: CA Shri Ramchandra Yadav of plff present
    Adv Ms. Rajvi Mehta i/b MKA for deft present and filed reply to NM No. 766/2020. She also filed written statement of the defendant however, according to her, the copies of documents are served on the plff in the month of April. Apparently, there is a delay in filing written statement. Ld. Adv. for the deft seeks liberty to take out appropriate notice of motion for delay condonation. O-Liberty is granted and on request of adv. for the deft, the written statement is kept on record with direction that it will be considered if the notice of motion which would be taken out by the deft is allowed.
    Copies of the reply and proposed written statement are given to the CA of plff in the Court today.
    By consent, matter is adjd. for NM hearing to 26.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: CA of Plff present in person.
    Adv Mr. Shreyans Baid appeared and mentioned the matter in the morning session.
    Adv Mr. Shreyans Baid filed vakalatnama at Exh.4 on behalf of the plff. He requested to adjourned the matter for NM reply.
    Matter is on the board of afternoon session hence, kept back.
    L.O. at 3.15 p.m.
    Adv Ms. Mehta for deft present and tendered registered NM No.1614/2021 along with affidavit in support.  She also filed affidavit of service.
    Matter is adjd. for NM reply to 07.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv Mr. Shreyans Baid for plff present and endorsed reply on NM No.1614/2021.
    Adv Ms. Rajvi Mehta for deft present.
    Heard arguments of both sides in N.M.No.1614/2021.
    For the reasons stated in the affidavit filed in support of the NM and the reliance placed by ld. advocate for the deft on the orders of Hon’ble Supreme Court, so also considering the reply of the adv. for the plff that he has formal objection, the N.M.No.1614/2021 is allowed and WS of deft is taken on record at Exh.5.
    Adv. for the plff seeks liberty to file rejoinder in N.M.No.766/2020.
    Matter is adjd. for NM rejoinder and hearing to 25.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2022
    
    Date: 25-11-2021
    Business: court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: By precipee.
    Adv Mr. Shreyans Baid present for plaintiff and filed application Exh.6 for seeking permission to withdraw the suit with liberty to file a fresh suit.
    Adv Ms. Rajvi Mehta for defendant present and endorsed say on application Exh.6 itself that defendant submits the order of the Court.
    C.A. Ramchandra Bairgi Yadav of the plaintiff is present in person.
    On enquiry, CA of plaintiff has admitted the contents of Exh.6 to be true, correct and admissible to him. Suit is filed through same power of attorney holder who is the son of plaintiff Gangadevi. The suit is sought to be withdrawn for filing a fresh suit on the ground that the dispute in the suit is triable by Small Causes Court. Since the defendant has submitted to the order of the Court, application Exh.6 is allowed as prayed. In the result, suit stands disposed of as withdrawn by the plaintiff with liberty to file a fresh suit on same cause of action.
    Court fees be refunded to the plaintiff as per rules.
    Pending N.M.No.766/2020 is also disposed off as suit is withdrawn. Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102299/2020
    Filing Date: 18-02-2020
    First Hearing Date: 04th March 2020
    Decision Date: 24th February 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    24 Feb 2022

    Order Details: Notice of Motion Pdf Text: 24/02/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 3 SU 3266/18 Exh.6 By precipee. Adv Mr. Shreyans Baid present for plaintiff and filed application Exh.6 for seeking permission to withdraw the suit with liberty to file a fresh suit. Adv Ms. Rajvi Mehta for defendant present and endorsed say on application Exh.6 itself that defendant submits the order of the Court. C.A. Ramchandra Bairgi Yadav of the plaintiff is present in person. On…

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    Final Order 1Full order available
    24 Feb 2022

    Order Details: Other Pdf Text: 24/02/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 3 SU 3266/18 Exh.6 By precipee. Adv Mr. Shreyans Baid present for plaintiff and filed application Exh.6 for seeking permission to withdraw the suit with liberty to file a fresh suit. Adv Ms. Rajvi Mehta for defendant present and endorsed say on application Exh.6 itself that defendant submits the order of the Court. C.A. Ramchandra Bairgi Yadav of the plaintiff is present in person. On enquiry, CA…

    Read Full Order

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