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NOTICE OF MOTION

Madhusudan Jaswantlal DaniVsKirit Devendra Damaniya

CNR MHCC01003280201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 17th March 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101268/2019
Registration Date
22 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Advocate Ms. Manish Karale for Plaintiff present
    Advocate Ms. Priyanka Bagat for Defendant present
    Court is busy in hearing arguments in suit no.1103/17, case is  adjourned to 13/06/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Court is busy in dictating order on NM in suit no.1646/14 and suit no.3346/09, hence case is adjourned to 02/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Adv. Manisha Tarale for plaintiff present.
    None present for Defendant.
    Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
    Case is adjourned to 02.03.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-12-2019
    Business: Adv. Manisha Tarale for plaintiff present.
    None present for Defendant.
    Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
    Case is adjourned to 02.03.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Advocate Mr. Manish Jain for Plaintiff present and submitted that since April 2019 Defendant is not filing NM reply and only seeking adjournments.
    Advocate Ms. Apurva Pawar for Defendant submitted that last chance may be granted for filing NM reply by Defendant.
    Considering submissions, I find that suit should proceed for no reply against Defendants and if at all Defendant will file reply on next date it will be considered.
    Case is adjourned to 16/03/2020 for Notice of Motion hearing/reply. It is made clear that, if on next date, Defendant will not file NM reply, court will be compelled to make absolute Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Advocate Manish Jain for Plaintiff present
    Advocate Apoorva Pawar for Defendant present
    Case is adjourned to 22/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 16-03-2020
    Business: Advocate Manish Jain for Plaintiff present
    Advocate Apoorva Pawar for Defendant present
    Case is adjourned to 22/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to  08/01/2021 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for Plaintiff.
    Adv Ms. Apoorva Pawar for  Defendant present and seeks time to file reply to the Notice of Motion.
    As nobody is presnet for Plaintiff, time granted till next date. Matter is adjd.for Notice of Motion reply to 12.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    
    Date: 23-03-2021
    Business: Adv Mr. Manish Jain for plff present.
    Adv Ms. Shah for deft present and filed draft NM along with affidavit in support for delay condonation. O- Leave to register is granted. She also filed reply to NM No.1268/2019. She requested to keep back the matter.
    K.B.
    L.O at 4.15 p.m.
    Adv Mr. Manish Jain for plff present.
    Adv Ms. Harsha Shah for deft present.
    Heard argument of adv. for plff in N.M. No.1268/2019.
    Adv. for deft seeks time to produce documents by submitting that name of father of the defendant is Bhagwat but it is wrongly mentioned as Devendra by the plaintiff in the title clause of the plaint, Notice of Motion and other proceedings.
    Plff to verify and correct the name of defendant accordingly.
    Matter is adjd. for steps by plff and argument of deft. to 09.04.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Smt. Shivani Joshi for plaintiff present.
    Adv Smt. Apurva Pawar for deft present and filed registered Notice of Motion No.1008 of 2021 alongwtih affidavit in support.
    KB
    LO at 1.55 p.m.
    Advocate for defendant seeks adjournment by submitting that defendant wants to produce certain documents in support of his claim that he is in possession of the suit premises.
    Advocate for plaintiff requested to grant short adjournment.
    By consent, matter is adjd. for Reply and NM hearing to 16.04.2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 08-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv Ms. Shivani Joshi present for the plff.
    Adv Ms. Shah present for the deft.
    K.B.
    L.O.at 3.25 p.m.
    Adv Mr. Manish Jain for plff present and seeks time to file reply in NM No.1008/2021. O- Time granted till next date.
    Adv Ms. Shah present for the deft.
    Heard argument of adv. for the plff in N.M.No.1268/2019.
    Adv for deft seeks time to advance argument by submitting that deft wants to produce certain documents.
    By consent, matter is adjd. for further NM hearing and NM reply to 08.10.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv Manish Jain for plff present.
    Adv Harsha Shah for deft present and produced documents with list in support of NM.
    Heard both sides in NM partly.
    Adv. for plff. seeks time to take instructions in respect of the documents produced today by the defendant.
    Matter is adjd. for further hearing to 25/10/2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Mr. Manish Jain present for plff. and seeks adjournment.
    Adv Ms. Kajal Gupta present for deft.
    By consent, matter is adjd. for further NM argument to 14.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv Mr. Jain present for plff. and filed application for seeking permission to produce one document. O-Production is allowed.
    Adv for plff produced copy of one RPAD receipt with list.
    Adv Ms. Harsha Shah present for deft.
    Heard further arguments of both sides in NM no.1008/2021.
    Matter is adjd. for NM order to 17.03.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: None present for plff.
    Adv Ms. Ghag for defts present.
    F.R.S.R. following order is passed in N.M.No.1268/2019.
                      ORDER
    Notice of Motion No.1268 of 2019 is dismissed.
                            ----
    Matter is adjd. for service of writ of summons to 21.06.2022.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103563/2019
    Filing Date: 22-03-2019
    First Hearing Date: 11th April 2019
    Decision Date: 17th March 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Mar 2022

    Order Details: Notice of Motion Pdf Text: 1 NM-1268-2019 in SCSU-199-2019 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.1268 OF 2019 (CNR No.MHCC01-003280-2019) IN SC SUIT NO.199 OF 2019. (CNR No.MHCC01-015966-2018) Madhusudan Jaswantlal Dani & Ors. }...PLAINTIFFS. Versus Kirit Bhgwat Damaniya }...DEFENDANT. ------------------------------------------------------------------------------------------------ Shri.Manish Jain, learned advocate for the plaintiffs. Smt. Varsha Shah, learned advocate for defendant. ----------------------------------------------------------------------------------------------- CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered on…

    Read Full Order

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