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NOTICE OF MOTION

Rakesh Avinashiram DhodiVsDeven s/o. Rakesh Dhodi And Anr

CNR MHCC0100337320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th December 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101309/2019
Registration Date
26 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: 13-06-2019
    Business: Adv. Madhavi Rai for plaintiff present.
    None present for defendant.
    Registered NM No. 1309/19 tendered by the advocate for plaintiff.
    Adjourned for NM reply to 5.8.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Adv. Pandey for plaintiff present.
    Adv. G. Sawant for defendants present.
    Adv. for defendants seeks time to file reply on NM.  Time is granted.
    Adjourned for reply to NM to 3.9.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Adv. Madhavi Rai for plaintiff present.
    None present for defendant.
    Reply is not filed by the defendant to the NM. Hence, Nm to proceed without reply of the defendants.
    Matter adjn for  hearing on NM to 22.10.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Pandey for plaintiff present.
    Adv. Sawant for defendants present.
    Draft NM along with affidavit tendered by the defendant.
    Leave is granted to register.
    Heard Ld. Advocate for the plaintiff and defendant on draft NM.
    Order on draft Notice of motion.
    Heard.  The defendant no. 1 contended that due to his pre-occupation and business work, was not able to go through the affidavit of reply.  He was also engaged in work in the month of September and therefore could not file reply.  The Ld. counsel for the plaintiff has given no objection. In view of the matter and for giving fair opportunities to the defendants, the Notice of Motion needs consideration.  Hence it is expedient to pass following order.
    ORDER
    1.  Draft Notice of Motion is made absolute in terms of prayer clause (a).
    2.  Reply tendered by defendant no. 1 to the Notice of Motion No. 1309/2019 be taken on record.
    3.   Draft Notice of Motion be registered for statistical purpose.
    4.   Draft Notice of Motion is disposed of accordingly.
    ____________________________________
    Reply tendered by defendant no .1 to the NM no. 1309/2019.  TOR.
    The Ld. counsel for the plaintiff seeks time for filing rejoinder, if any.
    Adjourned for rejoinder / hearing on NM to 5.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Presiding Officer is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjd to 11.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Adv. Pandey for plaintiff present.
    None for deft.
    The matter is adjd for N/M hearing to 08.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Pandey for plaintiff present.
    None for deft.
    Last chance is given to deft. for hearing on N/M.
    The matter is adjd for hearing on N/M to 16.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Anita Vasani for plaintiff present.
    Adv. Sawant for deft. present.
    Heard both sides on N/M no.1309/19.
    The matter is adjd for order on N/M no.1309/19 to 24.03.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Anita Vasani for plaintiff present.
    None for deft.
    As Court is busy in other matters and as Court time is over, the matter is adjd for N/M order to 25.03.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: As Court time is over, the matter is adjd for N/M order to 07.04.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: The Court is busy in hearing argument in Suit no.9797/82, hence for want of time, adjd. for order to 8.4.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: As Court is busy in hearing final arguments in Suit No.9797/82, the matter is adjd for N/M order to 12.04.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to COVID-19, the matter is adjd
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: In view of office order no.100/2021 dated 04.06.2021, the matter not being urgent, is adjourned to 29/06/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
    Matter adjd to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Adv. Pandey for plff present.
    None for deft. As nobody appeared for deft.
    Last chance for NM hrg. To 15/11/2021
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Pandey for plaintiff present.
    None present for defendant.
    Matter adjd for NM Hearing by way of Last chance on 24/02/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv. Omprakash Pandey for pltff present.
    None for deft.
    By way of last chance, Matter is adjd to 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: None is present.
    K.B. in Second session.
    L.O. at 3.00 p.m.
    None is present.
    Matter is kept for dismissal on 29/08/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Omprakash Pandey for plaintiff is present.
    Last chance given for defendant for argue the NM.
    Matter adjd to 21.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Omprakash Pandey a/w Adv. Pramila Prajapati for plaintiff are present.
    None present for defendant.
    Heard Adv.for plaintiff on NM No.1309/19.
    Matter adjd to 05.12.2022 for order on NM No.1309/19.
    Next Purpose: ORDER
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Adv. Pramila Prajapati for plaintiff is present.
    None for defendant.
    Court is busy in hearing argument in Chamber summons and recording evidence hence adjourned.
    Matter adjd to 16/12/2022  for NM order .
    Next Purpose: ORDER
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Plaintiff is present.
    Adv. Suchita Pandey for plaintiff is present.
    None present for defendant.
    KB Lo at 5.35 p.m.
    F.R.S.R. following order is passed in NM No. 1309/19.
                                      ORDER
    Notice of motion No. 1309/2019 stands allowed and made absolute in terms of prayer clause (a) and (b).
    Notice of motion stands disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103668/2019
    Filing Date: 26-03-2019
    First Hearing Date: 13th June 2019
    Decision Date: 16th December 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Dec 2022

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 1309 of 2019, in Suit no.2888 of 2018 MHCC010033732019 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY NOTICE OF MOTION NO.1309 OF 2019 IN S.C. SUIT NO.2888 OF 2018 Rakesh Avinashiram Dhodi & Anr. Plaintiffs. V/s Deven S/o Rakesh Dhodi & Anr. Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 16TH DAY OF DECEMBER, 2022 : Appearances: The learned Adv. Mr.…

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