Skip to main content
NOTICE OF MOTION

S GOPINATHANVsKUMARAN JOSHI

CNR MHCC0100270420207-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th January 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100988/2020
Registration Date
04 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1S GOPINATHAN

Respondent

  1. 1KUMARAN JOSHI

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-03-2020
Business: Matter is called out at 11.17am
Adv.E.K.Sasidharan for plaintiff present.
Adv.Omkar D.Gavali i/b Adv.E.A.Sasi for defendant present.
Adv.Omkar D.Gavali i/b Adv.E.A.Sasi for tendered registered N/M No.988/2020. T.O.R
Adv. for plaintiff tendered pursis along with the order dated 13/02/2020 passed by Honble High Court in Writ Petition 1219/2020. (Exh-28) T.O.R  By the aforesaid order Honble High Court in para.no.7 directed to decided the present within period 6 month from the date of receipt of order.
At the request of advocate for defendant matter is kept back.
Second time matter called out(12.50pm)
Adv.E.K.Sasidharan for plaintiff present.
Adv.E.A.Sasi a/w Omkar D.Gavali for defendant present.
By consent.
Matter is adj to 14/03/2020 for evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Matter is called out at 12.18pm
Adv.E.K.Sasidharan for plaintiff present.
Adv.E.A.Sasi for defendant present.
kept back.
Second time matter called out(1.01pm)
Adv.E.K.Sasidharan for plaintiff present.
Adv.E.A.Sasi for defendant present.
DW-2 cross is completed by Adv.E.K.Sasidharan for plaintiff
Matter is adj to 28/03/2020 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Corona Pandemic, it seems that parties are absent hence case adjourned to 14.08.2020
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National lockdown
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Due to Covid-19 none present.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Due to Covid-19 none present.
Matter is adj to 27/10/2020 for S.C.T.H.C.T. time bound
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Due to Covid-19 none present.
Matter is adj to 11/11/2020 for S.C.T.H.C.T time bound
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Court is busy in online training of HHJ Shri. A.H. Laddhad on crime against Senior Citizens for the period 09.11.2020 to 11.11.2020.
None present.
Due to pandemic situation of Covid-19, matter is adj for SUPREME/HIGH COURT TIME BOUND on 26.11.2020
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Due to Covid-19 none present.
Matter is adj for S.CT. H.CT. time bound on 08/12/2020.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Matter called out(11.33am)
Adv.Omkar i/b E.A.Sasi for plaintiff present.
Adv.Omkar h/f Sasi appearing for plaintiff seeking time as next witness is from Kerala and today he is unable to attend the court.
Matter is adj to 04/01/2021 for S.CT.H.CT Time bound / Evidence for plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Plaintiff and advocate absent.
Adv Omkar h/f Adv Sasi for defendant present. He requested adjournment as witness absent.
K.b.
L.O. Adv Sasi for defendant present. He submitted that cross examination of D.W.1 yet to be done and for which N.M. is pending. He requested short adjournment for N.M. hearing.
Hence matter is adjd to 12/01/2021.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Adv E.K. Sashidharan for plaintiff present.
Adv E.A. Sasi  for defendant present.
Perused N.M. 988 of 2020. Heard both sides. this N.M. is moved by the defendant with the prayer that to recall the order passed by this Court on 04/11/2019, and thereby discarded the evidence of D.W.1 i.e. defendant Kumaran Joshi.
Ld. Adv for the defendant submitted that defendant is contesting the matter promptly and diligently since beginning. On 04/11/2019, as a defendant has challenged the order of this Court to ignore the certain paragraphs of evidence, therefore, on that day defendant was not ready to proceed in the matter and therefore this Court passed the order in question. He requested that in the interest of justice evidence of the defendant no.1 as per Exh-23 and subject to the order of this Court dated 26/09/2019 regarding to ignore the certain paragraphs of evidence be taken on record. He submitted that witness is present and ready to adduce cross examination.
Adv for the plaintiff submitted to pass suitable order. He pointed out his say giving the details of dates regarding conduct of the defendant.
As the suit is for recovery of money therefor for just and proper decision in my opinion N.M. needs to be allowed. Hence following order
Order In N.M. 988/20
1. N.M. 988 of 2020 is hereby allowed.
2. Evidence of defendant no.1 as a D.W.1 below Exh-23 is t.o.r. with all the orders passed connected to it.
3. Plaintiff to cross examine to defendant.
4. N.M. 988 of 2020 is disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 30-01-2021

Additional Case Details

Additional Case Details
Filing Number: 103065/2020
Filing Date: 04-03-2020
First Hearing Date: 07th March 2020
Decision Date: 30th January 2021
Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Jan 2021

Order Details: Notice of Motion Pdf Text: Dt: 30/01/21 Suit :9244/95 NM 988/20 CORAM : R.M.SADRANI ( C.R. NO.07) Adv E.K. Sashidharan for plaintiff present. Adv E.A. Sasi for defendant present. Perused N.M. 988 of 2020. Heard both sides. this N.M. is moved by the defendant with the prayer that to recall the order passed by this Court on 04/11/2019, and thereby discarded the evidence of D.W.1 i.e. defendant Kumaran Joshi. Ld. Adv for the defendant submitted that defendant is…

Read Full Order

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.