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NOTICE OF MOTION

Jaya Laxmi Rao D/o Ramkrishna Rao alias Mumtaz Mukhtar Shaikh - Suit St. No.365 of 2019VsChandrakala wd- o Yogesh Rao

CNR MHCC0100327820192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 13th December 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101267/2019
Registration Date
22 Mar 2019

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: 29-03-2019
    Business: Adv. S.A.Shaikh for Plaintiff present.
    Plff tendered original NM No.1267/19 t.o.r.
    Adv. Bhandari for Defendant nos.3 and 4 present.
    Ex.3 Bailiff report received t.o.r.
    Adj for service to 10.06.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Plff is present. Adv absent.
    Adv. Bhandari for Defendant nos.3 and 4 present.
    Adv for Defendant nos.3 and 4 sought time to file reply to NM.
    Time is granted.
    Adj for NM reply of Defendant nos.3 and 4 and service of defendant nos.1 and 2 to 13.08.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Adv. Sambodhi Mane for Plaintiff present.
    Deft and Adv absent.
    Defendant nos.3 and 4 failed to file reply to NM.
    Therefore, NM No.1267/19 is to proceed without reply against defendant nos.3 and 4.
    Plaintiff is directed to make service of NM upon defendant nos.1 and 2.
    Adj for service to 24.09.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Adv. Sambhodhi Mane for Plaintiff present.
    Plaintiff present.
    Adv. Roshani Bhandari for defendant no 3 and 4 present.
    Adv. For defendant no 3 and 4 made statement that they will not create third party rites in suit property.
    Her statement on B/F of defendant no 3 and 4 is accepted.
    Plaintiff is directed to make service of NM upon defendant no 1 and 2
    Plaintiff is also directed to remove office objection within 4 weeks
    Adjd. to 13.11.2019 for service and compliance.
    Next Purpose: SERVICE
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. S. A. Shaikh for plaintiff present.
    Adv. Bhandari for defendant Nos.3 and 4 present.
    Plaintiff filed application for extension of time to remove office objection time is extended by four weeks.
    Adjourned for compliance to 16.12.2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: None present for plaintiff.
    Adv. Roshani Bhandari for defendant no 3 and 4 present.
    Plaintiff to satisfy whether office objections have been removed.
    Adjourned for compliance in default for order to 18.01.2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Adv. Sambodhi Mane for plaintiff present.
    Adv. for plaintiff sought time to remove office objection.
    O- Granted as last chance.
    Adjourned for compliance to 6.02.2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv Sambodhi Mane for plff present.
    Adv Roshani Bhandari for deft no. 3 and 4 present.
    Exh 03 - Adv for plff filed application for seeking three months time to deposit Court fee.  Granted.
    Matter stands Adj for compliance to 27/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: PO is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: None present.
    Matter stands Adj for Compliance to 15/03/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: None present for plff.
    Matter stands Adj for Compliance to 30/04/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: Due to Covid-19 matter adjd
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: None for plff and deft no. 3 and 4.  Since filing of the suit plff did not removed office objections and deposit Court fees.  So also affidavit of service of writ of summons of deft no. 1 and 2 is not filed.  Hence last chance is granted for compliance, in default dismissal order.
    Issue notice to plff and his Adv for compliance.
    Matter stands Adj for Compliance to 21/10/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: None present for plff.  Plff failed to file affidavit of service of writ of summons on deft no. 1 and 2 since long.  Hence notice was issued to the plff and her Adv.  Notice received that Adv for plff left from his Address.  Plff failed to remove office objection and suit also not registered.  Suit is pending since 2019.
    Hence matter stands Adj for Dismissal of suit and NM for want of prosecution to 13/12/2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None for plff.
    Adv Bhandari for deft no. 3 and 4 present.
    Plff failed to serve writ of summons on deft no. 1 and 2 along with NM since 2019.  Suit is also not registered till date.  Hence today the case is fixed for dismissal of suit and NM for want of prosecution.  Today also none present for plff when called at 3.15 pm.  It appears that plff is not interested in prosecuting the suit.
    Hence the suit (ST) is dismissal in default for want of prosecution. Accordingly NM 1267/2019 stands disposed of.  Suit (ST) be registered for statistical purpose.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 13-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103562/2019
    Filing Date: 22-03-2019
    First Hearing Date: 29th March 2019
    Decision Date: 13th December 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Dec 2021
    Order Details: Notice of Motion
    Pdf Text: 13.12.2021
    11
    CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
    (C. R. No. 2)
    ST 365/2019 @
    NM 1267/2019
    None for plff.
    Adv Bhandari for deft no. 3 and 4 present.
    Plff failed to serve writ of summons on deft no. 1 and 2
    along with NM since 2019. Suit is also not registered till
    date. Hence today the case is fixed for dismissal of suit and
    NM for want of prosecution. Today also none present for
    plff when called at 3.15 pm. It appears that plff is not
    interested in prosecuting the suit.
    Hence the suit (ST) is dismissal in default for want of
    prosecution. Accordingly NM 1267/2019 stands disposed
    of. Suit (ST) be registered for statistical purpose.
    Judge
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