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NOTICE OF MOTION

Ramjeet Munnilal Jaiswar and Ors.VsJayprakash Rammurat Jaiswar +2 more

CNR MHCC01002916201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 20th August 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101130/2019
Registration Date
14 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Petitioner

  1. 1Ramjeet Munnilal Jaiswar and Ors.

Respondent

  1. 1Jayprakash Rammurat Jaiswar
  2. 2Rekhadevi Jayprakash Jaiswar
  3. 3Omprakash Rammurat Jaiswar

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 15-03-2019
Business: Resumed.
Adv. Poonam Kadam for plaintiff and Adv. Leena for defendant are present.
Adv. Leena tendered registered NM No. 1130/2019 with affidavit along with written statement.
Adv. Leena also filed reply to NM No. 3825/2017.
Adjd for NM arguments to 01.07.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: None present for Plaintiff.
Advocate Ms. Leena for Defendant present
Court is busy in hearing NM in suit no.2447/18 and suit no.4705/2008, hence case is adjourned to 19/09/2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Advocate Nikhunj Gada for Plaintiff present and submitted that short date may be given for filing NM reply.  Considering submissions adjourned.   It is made clear that, if on next date, Plaintiff will not file NM reply court will hear Defendants arguments and will decide NM.
Advocate D. K. Pandey for Defendant present
Case is adjourned to 07/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Advocate Pathak for Defendant present
Court is busy in hearing Notice of Motion in suit no.4705/08 and court has to dictate order on Notice of Motion in suit no.9376/95 and Judgment in suit no.8136/86, hence case is adjourned to 02/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None present for Plaintiff.
Advocate Ms. Leena h/f Adv. D. K. Patil @ Defendant present
Case is adjourned to 19/06/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv Ms. Poonam Kadam for plff present and seeks time to send necessary notice to the plaintiff by submitting that she wants to withdraw her appearance on behalf of plff.
None present for defendant.
As nobody present for deft, considering present pandemic
condition matter is adjd. for NM reply to 08.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for both the parties.
Considering the present pandemic condition, matter is adjd. at same stage till next date beyond summer vacation.
Matter is adjd. for NM reply to 29.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021

Date: 29-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: None present for both the parties.
Deft has already filed reply on 15.03.2019 to NM No.3825/2017 taken out by the plff. Despite granting several opportunities, plaintiff failed to argue said NM.
None present for the plff today also. No propriety to keep said NM pending any further in absence of plff hence, Notice of Motion No. 3825/2017 is dismissed in default for want of prosecution.
     Deft has taken out NM No. 1130/2019 for delay condonation in filing WS. Despite granting several opportunities, plaintiff failed to file reply to said NM. Statement made in the affidavit filed in support of said NM have gone on record unchallenged as plff has failed to file reply to the said NM. WS of the deft is produced on record with said NM. Having regards to those aspects, Notice of Motion No.1130/2019 is allowed in terms of prayer clause “a” and WS of defendant is R & R.
Written statement of deft at Exh.3.
Matter is adjd. for draft issues to 20.10.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 20-08-2021

Additional Case Details

Additional Case Details
Filing Number: 103211/2019
Filing Date: 14-03-2019
First Hearing Date: 15th March 2019
Decision Date: 20th August 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
20 Aug 2021
Order Details: Other
Pdf Text: 20/08/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
42
SU 1265/17
Exh.3
None present for both the parties.
Deft has already filed reply on 15.03.2019 to NM No.3825/2017
taken out by the plff. Despite granting several opportunities,
plaintiff failed to argue said NM.
None present for the plff today also. No propriety to keep said
NM pending any further in absence of plff hence, Notice of
Motion No. 3825/2017 is dismissed in default for want of
prosecution.
Deft has taken out NM No. 1130/2019 for delay condonation
in filing WS. Despite granting several opportunities, plaintiff failed
to file reply to said NM. Statement made in the affidavit filed in
support of said NM have gone on record unchallenged as plff has
failed to file reply to the said NM. WS of the deft is produced on
record with said NM. Having regards to those aspects, Notice of
Motion No.1130/2019 is allowed in terms of prayer clause “a”
and WS of defendant is R & R.
Written statement of deft at Exh.3.
Matter is adjd. for draft issues to 20.10.2021.
Judge
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