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NOTICE OF MOTION

Vijaya Vijay Kudtarkar and OrsVsSmt. Ranjhana Rajan Kudtarkar and Ors.

CNR MHCC0100389520208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 02nd April 2024

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101302/2020
Registration Date
03 Sept 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Court is on Leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Adv. Mr. Sanjay Dhadam  for the plaintiff.
    Matter not received from board department.
    Matter is adjd. to 19/01/2021 for directions.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Adv. Mr. Sanjay Dhadang for the plaintiff.
    Issue summons to defendants.
    Matter is adjd. to 12/03/2021 for service of summons and reply to NM No. 2010/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Plaintiff is present.
    Adv. Sanjay Dhadam  for the plaintiff
    None for the defendants.
    From the bailiff\''s report, it is clear that summons was served upon defendant No.1 and defendants No.4 to 12 and 13. However, they have failed to put in appearance. Hence, the suit to proceed ex parte against them. It seems that  summons for defendants No.2 and 3 was served upon defendant No.1. As per Rule 15 of Order V of CPC (Bombay Amendment), summons may be served on male adult member of defendant\''s family. Defendant No.1 being a woman, the service upon her cannot be deemed to be service on defendants No.2 and 3 for the purpose of Rule 15 of Order V of CPC. Hence, the plaintiffs to take steps for service of summons to defendants No.2 and 3.
    Matter is adjd. to 04/05/2021 for service of summons to defendants No.2 and 3.
    Next Purpose: SERVICE
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Adv.Sanjay Dhadam for plaintiff.
    Adv.Yadav h/f Adv.Jaywant for defendant 1 to 3.
    Advocate for the defendant no.1 to 3 tendered registered N/M No.2010/2020 along with affidavit in support. t.o.r.
    Reply of defendant no.1 to 3 on NM No. 1302/20.
    Order
    1. NM No.2010/2020 is made absolute.
    2. Defendants are directed to filed their Written Statement.
    3.NM No.2010/2020 Stand Disposed of Accordingly.
    Matter adjourned for WS to.20.10.2021
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None for plaintiff.
    Adv. Yadav for the defendants No.1 to 3 present.
    Advocate for the defendants No.1 to 3 filed Written Statement. to.r. and marked as Exh.5.
    Defendant No.13 appeared on record. But, filed to file reply and WS. Therefore,  suit proceed without WS and reply of NM. The plaintiff to file proof of service of defendants No.4 to 12.
    Matter is adjd. to 12/01/2022 for  proof of service of defendants No.4 to 12.
    Next Purpose: SERVICE
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    None present for plaintiff
    None present for other defendant.
    Matter adjourned for steps/order to 29/03/22.
    l.o. at 03.15. pm.
    Adv. Sanjay present for plf. And submitted that matter is for hearing on nm.
    Matter adjd. For hearing on nm no. 1303/2020 to 29/03/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Adv. Sanjay Dhadang present for plaintiff.
    Adv. yadav present for defendants 01 to 03 and sought adjournment.
    Matter adjourned for nm hrg. To 29/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. Sanjay dhadang present for plaintiff.
    Adv. Chaurasiya present for defendant 13.
    Adv. M.R. Yadav Present for defendant no. 01 to 03 and sought adjournment.
    None present for other defendants.
    Matter adjourned for nm hrg. as a last chance to 16/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Adv. Sanjay Dhadam present for plaintiff and tendered written notes of arguments of nm no. 1302/2020.
    Adv. chandrashekhar present for defendant no. 13.
    None present for other defendants.
    Matter adjourned for arguments of defendant on nm no. 1302/2020 if any to 08/08/22.
    l.o. at 03.33 pm
    Adv. M. R. Yadav present for defendant no. 01 to 03.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv. Sanjay Dhadang present for plaintiff.
    None present for defendant.
    As defendants and their advocates are absent, Matter adjourned for arguments of defendant if any/order on nm no. 1302/2020 to 12/09/22.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Parabkar hf adv. Dhadang present for plaintiff.
    Adv. yadav present for defendant 01 to 03 and sought adjournment for nm hearing on the ground that, copy of written notes of arguments tendered by plaintiff is not served to the defendant no. 01 to 03.
    None present for other defendants.
    Adv. For plaintiff submitted that, he will serve the copy of written notes of arguments on or before next date.
    Matter adjourned for nm hearing of defendants to 11/10/22.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Sanjay dhadang present for plaintiff and submitted that he will serve the copy of written notes of arguments to the defendant no. 13 on or before next date.
    Adv. M. R. Yadav present for defendant 01 to 03.
    Adv. chandrashekhar present for defendant 13.
    By consent, Matter adjourned for service and nm hearing to 21/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Sanjay Dhadang present for plaintiff.
    Adv. Ashtosh shukla present for defendant 01 to 03 and sought adjournment.
    None present for other defendants.
    Matter adjourned for nm hearing to 22/12/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: Court is on leave, adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: None present for plaintiff.
    None present for defendant.
    As defendants and their advocates are absent, Matter adjourned for NM Hearing/order to 21/03/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Adv. Redekar ib adv. Dhadang present for plaintiff.
    Adv. N. D. Jaiwal present for defendant no. 01 to 03.
    Adv. Gauri Bhandari  hf Adv. Siddharth Chandrashekhar present for defendant no. 13.
    As court is busy in hearing arguments for ad-interim relief in st. no. 12885/ 2022. Hence,Matter adjourned for nm hearing to 25/04/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv. Dhadang present for plaintiff. Adv. Upaddhyay present for defendant no. 1 to 3 and sought adjournment. Adv. Gauri Bhandari hf Adv. Siddharth Chandrashekhar present for defendant no. 13. None present for other defendants. Matter adjourned for nm hearing as a last chance to 27/06/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Raj Naik present for plaintiff.
    Adv. M.R. Yadav present for defendant Nos. 1 to 3.
    Adv. Gauri Bhandari h/f.
    Adv. Siddharth Chandrashekhar present for defendant/MHADA.
    Matter adjourned for NM Hearing to 17.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Adv. Sanjay Dhadam present for plaintiff.
    Adv. Redekar h/f. Adv. N.D. Jaywant for defendant Nos.1 to 3.
    Adv. Gauri Bhandari h/f. Adv. Siddarth Chandrashekhar present for defendant No.13/MHADA.
    Due to paucity of time.
    Matter adjourned for NM Hearing to 24.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Adv. Raj Naik h/f. Adv. Sanjay Dhadam present for plaintiff.
    Adv. N.D. Jaywant for defendant Nos.1 to 3.
    Heard argument of learned counsel of plaintiff and defendant Nos.1 to 3 on Notice of Motion No.1302/2020.
    Matter adjourned for Order on NM No.1302/2020 to 04.09.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Adv. Raj Naik h/f. Adv. Sanjay Dhadam present for plaintiff.
    None present for defendants.
    Court is busy in dicatating Judgment in NDPS Bail Application No.1064/2021.
    Matter adjourned for Hearing and Order on NM No.1302/2020 to 16.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: None present for plaintiff.
    Adv. Gauri Bhandari h/f. Adv. Siddharth Chandrashekhar present for defendant/MHADA.
    Matter adjourned for Hearing and Order on NM No.1302/2020 to 10.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: As court is on leave board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: Adv. Raj Naik present for plaintiff.
    None present for defendant/MHADA.
    Matter adjourned for Hearing and Order on NM No.1302/2020 to 16.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Adv. Raj Naik h/f. Adv. Sanjay Dhadam present for plaintiff.
    Adv. M. R. Yadav present for defendant Nos.1 to 3.
    Adv. Chandrashekhar present for defendant No.13/MHADA.
    Matter adjourned for Hearing and Order on NM No.1302/2020 to 18.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: None present for plaintiff.
    Adv. Gauri Bhandari h/f. Adv. Chandrashekhar present for defendant No.13/MHADA.
    Matter adjourned for Hearing and Order on NM No.1302/2020 to 12.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjourned for Hearing and Order on NM No.1302/2020 to 02.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Adv. Sanjay Dhadam present for plaintiff.
    None present for defendant.
    F.R.S.R. following order passed on Notice of Motion No.1302/2020
    ORDER
    1. Notice of Motion No.1302/2020 is rejected.
    2. Notice of Motion No.1302/2020 stands disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 02-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104357/2020
    Filing Date: 03-09-2020
    First Hearing Date: 10th September 2020
    Decision Date: 02nd April 2024
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Apr 2024

    Order Details: Notice of Motion Pdf Text: NM No.1302-2020 1 S.C. Suit No. 81-2021 MHCC010038952020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1302 OF 2020 IN S.C. SUIT NO. 81 OF 2021 Vijaya Vijay Kudtarkar & Others ] ...Plaintiffs. Versus Smt. Ranjana Rajan Kudtarkar & Others ]…Defendants. Appearance: Advocate Raj Naik h/f. Sanjay Dhadam for Plaintiff. Advocate N.D. Jaywant for Defendant Nos. 1 to 3. CORAM : V.G. RAGHUWANSHI JUDGE, (C.R.NO.08) DATE : 02/04/2024 ORDER 1)…

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