NOTICE OF MOTION
Kavita Bharat Nagtilak Suit St. No. 6876/2019VsKiran Harishchandra Jadhav and Ors.
CNR MHCC0100219120209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 13th February 2025
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100804/2020
- Registration Date
- 20 Feb 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 28-02-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-11-2020 Date: 26-11-2020 Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-02-2021 Date: 11-02-2021 Business: Plaintiff and adv. absent. Office objection is not removed till date though the plaint was lodged on 24.06.19. Hence last chance is granted to remove the office objection on or before the next date, otherwise plaint will be taken for rejection. Matter is adjd. to 08.04.2021. Next Purpose: NOTICE OF MOTION Next Hearing Date: 08-04-2021 Date: 08-04-2021 Business: Due to SOP only urgent matter are taken up. Hence, the Board is discharged. Matter is adjd. to 07.07.2021 for direction. Next Purpose: NOTICE OF MOTION Next Hearing Date: 07-07-2021 Date: 07-07-2021 Business: Due to COVID-19 pandemic. Matter is adjourned. Next Purpose: NOTICE OF MOTION Next Hearing Date: 24-08-2021 Date: 24-08-2021 Business: court is on leave Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-09-2021 Date: 03-09-2021 Business: Court is on leave. Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-11-2021 Date: 11-11-2021 Business: Court is on leave. Next Purpose: NOTICE OF MOTION Next Hearing Date: 07-01-2022 Date: 07-01-2022 Business: Court is on Leave. Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-03-2022 Date: 11-03-2022 Business: None present for the parties Matter is adjd. to 15-06-2022 for directions. Next Purpose: NOTICE OF MOTION Next Hearing Date: 15-06-2022 Date: 15-06-2022 Business: Adv. Vishnu Choudhari for plaintiff present and submitted that defendant is died but no information is received hence seek time for bringing legal heirs on record.-O-Time granted. Matter is adjd. to 08-08-2022 for steps. Next Purpose: NOTICE OF MOTION Next Hearing Date: 08-08-2022 Date: 08-08-2022 Business: court is on leave Next Purpose: NOTICE OF MOTION Next Hearing Date: 07-10-2022 Date: 07-10-2022 Business: Adv. S.K. Mali present for plaintiff and tendered register ch/s No.1049/22 alongwith affidavit in support. Copy of ch/s and NM served to Deft.No. 3. Exh.1- Plaint Exh.2-VN Exh.3-Memorandum of Address Exh.4- List of documents. Adv. Chaitanya Pawar for Deft. No. 3/SRA present and filed VP. TOR. Exh.5 in ch/s No. 1049/22. Matter is adjd. to 21.11.2022 for service affidavit and reply. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 21-11-2022 Date: 21-11-2022 Business: Adv. Vishnu Choudhari for plaintiff present and submitted that he will file service affidavit on next date. Time granted. None present for defendant. Matter is adjd. to 06.01.2023 for Affidavit of Service. LO at 3.17 pm Adv. Chaitanya Chavan for Deft.no. 3/SRA present. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-01-2023 Date: 06-01-2023 Business: Adv. Vishnu Choudhary for plaintiff present and filed service affidavit. Adv. Chaitanya Chavan for defendant no. 3/SRA present. Matter is adjourned to 24.02.2023 for ch/s reply. Adv. Nitesh Bhutekar for proposed deft.1a and 1b present in ch/s no. 1049/22 and filed VP. Next Purpose: C/S REPLY Next Hearing Date: 24-02-2023 Date: 06-01-2023 Business: Adv. Vishnu Choudhary for plaintiff present and filed service affidavit. Adv. Chaitanya Chavan for defendant no. 3/SRA present. Matter is adjourned to 24.02.2023 for ch/s reply. Adv. Nitesh Bhutekar for proposed deft.1a and 1b present in ch/s no. 1049/22 and filed VP. Next Purpose: C/S REPLY Next Hearing Date: 24-02-2023 Date: 24-02-2023 Business: As Court is busy in dictating order in Notice of Motion Nos. 632/21 and 3171/19 in Suit No. 2085/19. Hence, Board is discharged. Matter is adjourned to 30.03.2023 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 30-03-2023 Date: 24-02-2023 Business: As Court is busy in dictating order in Notice of Motion Nos. 632/21 and 3171/19 in Suit No. 2085/19. Hence, Board is discharged. Matter is adjourned to 30.03.2023 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 30-03-2023 Date: 24-02-2023 Business: As Court is busy in dictating order in Notice of Motion Nos. 632/21 and 3171/19 in Suit No. 2085/19. Hence, Board is discharged. Matter is adjourned to 30.03.2023 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 30-03-2023 Date: 30-03-2023 Business: Adv. Vishnu Choudhary for plaintiff present. Adv. Ojas Kadam h/f Adv. Nitesh Bhutekar for proposed defendant No.1 present and seeking time for filing reply to Chamber Summons. Time granted. Adv. Jadhav I/b Adv. Chaitanya Chavan for defendant No.3 present. Matter is adjourned to 28.06.2023 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 28-06-2023 Date: 30-03-2023 Business: Adv. Vishnu Choudhary for plaintiff present. Adv. Ojas Kadam h/f Adv. Nitesh Bhutekar for proposed defendant No.1 present and seeking time for filing reply to Chamber Summons. Time granted. Adv. Jadhav I/b Adv. Chaitanya Chavan for defendant No.3 present. Matter is adjourned to 28.06.2023 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 28-06-2023 Date: 30-03-2023 Business: Adv. Vishnu Choudhary for plaintiff present. Adv. Ojas Kadam h/f Adv. Nitesh Bhutekar for proposed defendant No.1 present and seeking time for filing reply to Chamber Summons. Time granted. Adv. Jadhav I/b Adv. Chaitanya Chavan for defendant No.3 present. Matter is adjourned to 28.06.2023 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 28-06-2023 Date: 28-06-2023 Next Purpose: C/S REPLY Next Hearing Date: 28-06-2023 Date: 28-06-2023 Business: Adv. Mr. Suresh Mali for the plaintiff is present. Adv. Ms. Swati Chheda i/b Adv. Bhutekar for proposed defendant No. 1 is present. Heard both the sides on Ch/s No. 1049/2022. The following Order is passed on Ch/s 1049/2022: The plaintiff has taken out present Ch/s for bringing on L.Rs. of deceased defendant No. 1. It is submitted that defendant No. 1 was expired on 10.05.2021. Plaintiff got knowledge of death of defendant No. 1 in July 2021. Plaintiff wrote letter to wife of defendant No. 1 to provide death certificate of deceased defendant No. 1 to which she refused. Then, plaintiff obtained death certificate of defendant No. 1 and moved present Ch/s in July 2022. It is therefore, prayed that delay, if any, be condoned and L.Rs. of defendant No. 1 be taken on record as per schedule I. Advocate for proposed defendant No. 1 orally objected for the same. However, in the interest of justice Ch/s No. 1049/2022 is allowed. In the result, I proceed to pass the following Order: ORDER 01. Chamber Summons No. 1049 of 2022 is hereby allowed. 02. The plaintiff is allowed to bring on record L.Rs. of deceased defendant No. 1 as prayed. 03. The plaintiff to carry out necessary amendment within two weeks and to supply copy of amended plaint on record. 04. Chamber Summons No. 1049 of 2022 is disposed of accordingly. Adjourned for compliance to 12.07.2023. LO Adv. Mr. Chaitnya Chavan for defendant No.3/SRA is present. Next Purpose: COMPLIANCE Next Hearing Date: 12-07-2023 Date: 28-06-2023 Business: Adv. Mr. Suresh Mali for the plaintiff is present. Adv. Ms. Swati Chheda i/b Adv. Bhutekar for proposed defendant No. 1 is present. Heard both the sides on Ch/s No. 1049/2022. The following Order is passed on Ch/s 1049/2022: The plaintiff has taken out present Ch/s for bringing on L.Rs. of deceased defendant No. 1. It is submitted that defendant No. 1 was expired on 10.05.2021. Plaintiff got knowledge of death of defendant No. 1 in July 2021. Plaintiff wrote letter to wife of defendant No. 1 to provide death certificate of deceased defendant No. 1 to which she refused. Then, plaintiff obtained death certificate of defendant No. 1 and moved present Ch/s in July 2022. It is therefore, prayed that delay, if any, be condoned and L.Rs. of defendant No. 1 be taken on record as per schedule I. Advocate for proposed defendant No. 1 orally objected for the same. However, in the interest of justice Ch/s No. 1049/2022 is allowed. In the result, I proceed to pass the following Order: ORDER 01. Chamber Summons No. 1049 of 2022 is hereby allowed. 02. The plaintiff is allowed to bring on record L.Rs. of deceased defendant No. 1 as prayed. 03. The plaintiff to carry out necessary amendment within two weeks and to supply copy of amended plaint on record. 04. Chamber Summons No. 1049 of 2022 is disposed of accordingly. Adjourned for compliance to 12.07.2023. LO Adv. Mr. Chaitnya Chavan for defendant No.3/SRA is present. Next Purpose: COMPLIANCE Next Hearing Date: 12-07-2023 Date: 28-06-2023 Date: 12-07-2023 Business: Adv. Mr. S.K. Mali for the plaintiff is present. Adv. Mr. Aniket for proposed defendant No. 1/A and 1/B is present. Advocate for the plaintiff seeks extension to carry out the amendment as plaintiff is hospitalized. Time is extended till the next date. Matter is adjourned to 10.08.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 10-08-2023 Date: 12-07-2023 Business: Adv. Mr. S.K. Mali for the plaintiff is present. Adv. Mr. Aniket for proposed defendant No. 1/A and 1/B is present. Advocate for the plaintiff seeks extension to carry out the amendment as plaintiff is hospitalized. Time is extended till the next date. Matter is adjourned to 10.08.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 10-08-2023 Date: 10-08-2023 Business: Adv. Mr. S.K. Mali for the plaintiff is present. Adv. Ms. Gargi Warunje for defendant No. 1(a) and 1(b) is present. Adv. Mr. B.N. Jadhav i/b Adv. Chaitanya Chavan for defendant No. 3 is present. It is submitted by ld. advocate for the plaintiff that plaintiff is unable to move due to TB and therefore, sought 2 months time for carrying out compliance. Hence, time is granted for carrying out amendment. Matter is adjourned to 03.10.2023 compliance. Next Purpose: COMPLIANCE Next Hearing Date: 03-10-2023 Date: 03-10-2023 Business: Adv. Mr. Vishnu Choudhary for the plaintiff is present. Adv. Mr. Khairnar for proposed defendant No. 5 is present. Adv. for the plaintiff seeks time to carry out amendment by submitting that plaintiff is suffering from TB and is unable to attend the Court. Time is granted. Matter is adjourned to 15.12.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 15-12-2023 Date: 03-10-2023 Business: Adv. Mr. Vishnu Choudhary for the plaintiff is present. Adv. Mr. Khairnar for proposed defendant No. 5 is present. Adv. for the plaintiff seeks time to carry out amendment by submitting that plaintiff is suffering from TB and is unable to attend the Court. Time is granted. Matter is adjourned to 15.12.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 15-12-2023 Date: 15-12-2023 Business: None present for both the sides. Matter is adjourned to 15.02.2024 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 15-02-2024 Date: 15-12-2023 Business: None present for both the sides. Matter is adjourned to 15.02.2024 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 15-02-2024 Date: 15-02-2024 Business: None present for both the parties. Matter is adjourned to 08.04.2024 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 08-04-2024 Date: 15-02-2024 Business: None present for both the parties. Matter is adjourned to 08.04.2024 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 08-04-2024 Date: 08-04-2024 Business: None present for both the sides. Matter is adjourned to 20.06.2024 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 20-06-2024 Date: 08-04-2024 Business: None present for both the sides. Matter is adjourned to 20.06.2024 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 20-06-2024 Date: 20-06-2024 Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to Next Purpose: COMPLIANCE Next Hearing Date: 26-07-2024 Date: 20-06-2024 Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to Next Purpose: COMPLIANCE Next Hearing Date: 26-07-2024 Date: 26-07-2024 Business: As per Office Order PO has gone to visit Observation Home and Children Home in Bombay District (Sent Joseph Home and Nursery Dr.Moses, Leela Milevile Marg, Agripada, Mumbai) Hence, Board is discharged. Next Purpose: COMPLIANCE Next Hearing Date: 02-09-2024 Date: 26-07-2024 Business: As per Office Order PO has gone to visit Observation Home and Children Home in Bombay District (Sent Joseph Home and Nursery Dr.Moses, Leela Milevile Marg, Agripada, Mumbai) Hence, Board is discharged. Next Purpose: COMPLIANCE Next Hearing Date: 02-09-2024 Date: 02-09-2024 Business: As the Court is on leave today. Board is discharged and matter is adjourned to Next Purpose: COMPLIANCE Next Hearing Date: 22-11-2024 Date: 02-09-2024 Business: As the Court is on leave today. Board is discharged and matter is adjourned to Next Purpose: COMPLIANCE Next Hearing Date: 22-11-2024 Date: 22-11-2024 Business: None present for plaintiff. None present for defendants. As both parties and their advocates are absent, Matter is adjourned to 13/02/25 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 13-02-2025 Date: 22-11-2024 Business: None present for plaintiff. None present for defendants. As both parties and their advocates are absent, Matter is adjourned to 13/02/25 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 13-02-2025 Date: 13-02-2025 Business: None present for plaintiff. None present for defendants. Plaintiff failed to comply the order dt. 28/06/2023 and absent since last 3 dates. This shows that, the plaintiff does not want to proceed with the matter. Hence, the suit is disposed of for want of prosecution. As the suit is disposed of the Notice of Motion no. 804/2020 is also disposed of. Nature Of Disposal: OTHERWISE Disposal Date: 13-02-2025
Additional Case Details
Additional Case Details
Filing Number: 102412/2020 Filing Date: 20-02-2020 First Hearing Date: 28th February 2020 Decision Date: 13th February 2025 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
2Final Order 213 Feb 2025
13 Feb 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE Case No. :SUIT/0100844/2021 Kavita Bharat Nagtilak Vs Kiran Harishchandra Jadhav Date : 13-02-2025 Business : None present for plaintiff. None present for defendants. Plaintiff failed to comply the order dt. 28/06/2023 and absent since last 3 dates. This shows that, the plaintiff does not want to proceed with the matter. Hence, the suit is disposed of for want of prosecution. As the suit is disposed of the Notice of Motion no. 804/2020 is also disposed of. Nature of Disposal : OTHERWISE Disposal Date : 13-02-2025 COURT 09 ADDL SESSIONS JUDGE -- 1 of 1 --
Final Order 113 Feb 2025
13 Feb 2025
Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100804/2020 Kavita Bharat Nagtilak Suit St. No. 6876/2019 Vs Kiran Harishchandra Jadhav and Ors. Date : 13-02-2025 Business : None present for plaintiff. None present for defendants. Plaintiff failed to comply the order dt. 28/06/2023 and absent since last 3 dates. This shows that, the plaintiff does not want to proceed with the matter. Hence, the suit is disposed of for want of prosecution. As the suit is disposed of the Notice of Motion no. 804/2020 is also disposed of. Nature of Disposal : OTHERWISE Disposal Date : 13-02-2025 COURT 09 ADDL SESSIONS JUDGE -- 1 of 1 --
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