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NOTICE OF MOTION

Vijay Tulsidas GadekarVsSitaram M. Shirsagar And Ors

CNR MHCC01003665201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th February 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101422/2019
Registration Date
01 Apr 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: 09-04-2019
    Business: Adv.V.T.Dubey for plaintiff present. Filed original N/M no. 812/19 a/w affidavit T.O.R.
    Adv. Asit Singh for Defendant no.1 present.
    Copy of plaint is served upon advocate Singh.
    Adjd. To 16.04.2019 reply and hearing on NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Advocate V.T.Dubey  for plaintiff present.
    Advocate Asit Singh for defendant  no.1 present. Filed  Written statement. Copy is served on advocate for plaintiff.
    Exh. 3- Written statement
    Exh. 4- Pursis to adopt WS as reply to NM.
    Advocate Hajare for defendant/BMC present.
    The case is adjourned to 26.04.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: With consent the case is adjd. To 03.05.2019  for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Adv. Asit Singh for Defendant no. 1 present.
    Advocate Ms.Chavan for defendant no. 2/MCGM present.
    In the Course of arguments, advocate for plaintiff tendered the rejoinder. Copy is given to advocate Singh for defendant no. 1. On the request of advocate for plaintiff. The case is adjourned.
    The Case is adjd. To 04.05.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: The Case is adjd. To 01.08.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Advocate V.T.Dubey for plaintiff present and sought time. Time is granted.
    Advocate Ms.Mhatre for defendant/MCGM present.
    The case is adjourned to 03.09.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dueby for plaintiff present and filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
    Adv. Asit Singh for defendant no.1 present.
    Advocate Ms. Mhatre for defendant no.3/MCGM present.
    Advocate for plaintiff undertakes to take steps against defendant no.2. Failure of plaintiff take steps against defendant no.2 will result in further orders.
    The case is adjourned to 17.10.2019 for steps and Chamber Summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Advocate V.T.Dubey for plaintiff present and filed original Chamber Summons No. 1773/19 along with affidavit in support of Ch/s. T.O.R.
    Advocate Asit Singh for defendant no.1 present and submitted that defendant no.1 is no more. He undertakes to inform advocate for plaintiff the details of legal representative of deceased defendant no.1.
    Advocate Ms.Mhatre  for defendant/MCGM present.
    Adv. for plaintiff sought time to serve defendant no.2. Time is granted as last opportunity. Time to serve writ of summons is extended.
    The case is adjourned to 19.12.2019 for Chamber Summons reply and NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Mishra h/f adv. Dubey for plaintiff, prayed for adjournment to served Summons to defendant. no. 2
    Matter is adjd. 27.02.2020 for summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Adv. Mr. Asit Singh for deft no.1 present, submits that deft no.1 is no more, prayed for adjd. to inform LR of deft no.1.
    Matter is adjd. for compliance on 18.06.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: adjd.to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Business: adjd.to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None present for plaintiff.
    Adv. Ms. Tondwalkar for deft./MCGM present.
    Due to Covid-19 board is discharged.
    Matter is adjourned for hearing to 6/7/2021.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    
    Date: 07-10-2021
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Plaintiff – Mr. Vijay Tulsidas Gadekar is present.
    Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
    KB LO 4.11 pm.
    Adv. Mr. V.T. Dueby for plaintiff is present.
    Rest of the defendants are absent.
    Adv. for defendant No. 3 orally requested for time to file NM reply.
    Sufficient time is already granted to the defendants to file reply on C/S No.1779/19, wherein they failed. Hence, the C/S is proceeded without the reply.
    Heard Adv for the plaintiff on C/S.
    Adjourned for C/S Order to 07.01.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Vijaya Rani h/f Adv V.T.Dubey present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present. He endorsed say on the Ch/s. Heard both the sides
    Adjourned for Ch/s order to 19/01/2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Adv. Mr. V.T. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on Ch/S. No. 1773/2019:
                               ORDER
    (i). 	Chamber Summons No. 1773/2019 is made absolute in terms of prayer clause (a). The plaintiff is called upon to carry the proposed amendment in body of the plaint, within two weeks from the passing of this order.
    (ii).	The plaintiff is called upon to supply copies of those documents to the defendants.
    (iii).	Costs to follow the event.
    Adjourned for compliance/steps against defendant to 02.02.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv. Mr. V.T. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for plaintiff orally requested time for compliance. Granted.
    Adjourned for compliance/steps against the defendant to 28.02.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv. Mr. N.K. Dueby for plaintiff is present and orally requested time for to carry out the amendment. Sufficient time is already granted. Hence, this request is rejected. Consequently, the matter is posted for dismissal order.
    Adv. Ms. Mhatre h/f Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for dismissal order to 23.03.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and filed application for extension of time to carry out the amendment. TOR.
    It is marked at Exh. 07.  O-Sufficient time is already granted. The order for amendment is of dated 19.01.2022. Still, the time is granted, till the next date, subject to payment of costs Rs.1,000/- to be deposited in DLSA, Mumbai
    None present for defendant Nos. 1 and 2.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present.
    Adjourned for Costs/Compliance to 18.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present and filed amended copy of plaint. TOR. Copy is supplied to the other side.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
    Adjourned for NM hearing to 26.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv. V.T. Dubey for the plaintiff is present. He is heard on NM
    No. 1422/2019.
    Adv. Khandagale for defendant No. 3/MCGM is present
    Rest of the defendants are absent.
    Adjourned for hearing on NM by defendant Nos. 1 and 2 to 14.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv. Ms. Prasad for the plaintiff is present.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
    Adjourned for NM hearing defendant Nos. 1 and 2 to 27.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. S.C. Khandagale for defendant No. 3/MCGM is present.
    Adjourned for NM hearing by defendant Nos. 1 and 2 to 20.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. S.C. Khandagale for defendant No. 3/MCGM is present.
    Adjourned for NM hearing to 03.05.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubye for the plaintiff is present and requested for time to argue on NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant No. 3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for NM hearing to 14.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: Adv. Ms. Prasad for the plaintiff is present and requested time to argue NM. Time is granted.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
    Adjourned for NM hearing to 27.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: Adv. Ms. Prasad for the plaintiff is present and requested time to argue the NM. Sufficient time is already granted. Hence, the plaintiff is directed to file written submission on NM. In default, the NM would stand dismissed.
    Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.3/ MCGM is present. Rest of the defendants are absent.
    Adjourned for submission on NM to 22.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested time to argue on NM. Sufficient time is already granted. Hence, his request is discarded.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for NM dismissal to 22.01.2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: Adv. Mrs. Prasad for the plaintiff is present. On her request, the caption is changed. She submitted that the plaintiff may be taken as heard on NM.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present and submitted that even he may be taken as heard on NM.
    Rest of the defendants are absent since last considerable time. Hence, to avoid further delay, the NM is closed for Order.
    Adjourned for NM Order to 16.02.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-02-2024
    
    Date: 16-02-2024
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and not pressed the NM No. 1422/2019. Hence, NM No. 1422/2019 stands disposed of. He further sought time to take suitable steps for bringing LRs of the deceased defendant No. 1. Time is granted strictly as last chance.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for steps/suitable Order to 03.04.2024.
    Nature Of Disposal: OTHER
    Disposal Date: 16-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103991/2019
    Filing Date: 01-04-2019
    First Hearing Date: 09th April 2019
    Decision Date: 16th February 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Feb 2024
    Order Details: Other
    Pdf Text: 16.02.2024
    Sr. No. 53
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 812/19
    NM 1422/19
    Adv. Mr. V.T. Dubey for the plaintiff is present and not pressed the
    NM No. 1422/2019. Hence, NM No. 1422/2019 stands disposed of.
    He further sought time to take suitable steps for bringing LRs of the
    deceased defendant No. 1. Time is granted strictly as last chance.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for steps/suitable Order to 03.04.2024.
    Judge
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