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NOTICE OF MOTION

MRS.PADMA VENKATESH NAIDU ANRVsMR.VENKATESH MUTHALGAR SUBBIAH ORS

CNR MHCC0100397320207-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWL
Decision Date: 19th January 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101311/2020
Registration Date
07 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: 11-09-2020
    Business: Plaintiff no.1 in person present.
    Adv.Pooja Pandey for plaintiff no. 2 present.
    Adv.Vivek Pandey a/w Adv.Ridhima Mangaonkar for defendants present.
    Adv.Pooja Pandey for plaintiff no. 2  filed vakaltanama.(Exh-9-)
    T.O.R
    Upon instrucation she further filed application for withdrawal of suit.(Exh-10) T.O.R
    Order- 1. Suit allow to withdraw with respect to plaintiff no.2.
    Present plaintiff is allowed to delete the name of plaintiff no.2 from the aerey of plaintiff.
    Plaintiff tendered registered N/M 1311/2020. T.O.R
    Def.No.1 filed reply on N/M No.1311/2020. T.O.R
    Heard both the side on C/S No.1393/2019.
    Matter is adj to 14/09/2020 for C/S order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: Plaintiff no.1 in person present.
    Adv.Ridhima Mangaonkar for defendants present.
    F.R.S.R following order is passed in C/S No.1393/2019.
    ORDER
    1. The Chamber Summons No. 1393/2019 allowed in terms of prayer clause (a).
    2. The Plaintiff to carry out necessary amendment within period of 14 days from the date of the order or within period of 14 days from the regularization of the court.
    3. The Defendants is at liberty to carry out consequential amendment. The Plaintiff to bear cost of Chamber Summons.
    4. The Chamber Summons No. 1393/2019 is accordingly disposed off.
    Matter is adj to 21/09/2020 for N/M hearing and compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Mr.Naidu for plaintiff present.
    Adv.Shishir Pandey I/b Adv.Ridhima Mangawankar for def.no.1 to 3 present.
    Adv.Shishir Pandey I/b Adv.Ridhima Mangawankar for def.no.1 to 3 tendered draft Notice of Motion alongwith affidavit.
    O-Leave is granted to register the Notice of Motion.
    Copy already supplied to Mr.Naidu.
    Def.no.1 to 3 filed additional affidavit in reply to main N/M. T.O.R.
    Copy supplied to the other side.
    Mr. Naidu filed rejoinder to the additional affidavit in reply filed by the def.no.1 to 3. T.O.R
    Matter is adj to 03/10/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Matter called out at 12.45 pm
    Mr. Naidu plaintiff no.1 in person present.
    Adv.Shishir Pandey i/b Ridhima Mangaonkar for defendants 1 to 3 present.
    Adv. for defendants 1 to 3 tendered register motion No.1390/20.
    Plaintiff filed reply to the said motion. O - t.o.r
    Adv. for defendants filed rejoinder t.o.r.
    Plaintiff seeking time to file sur rejoinder.
    Time granted.
    Matter is adj for NM hearing on 17.10.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Matter called out at 12.20 am
    Mr. Venkatesh Naidu plaintiff no.1 in person present.
    Adv. Shishir Pandey a/w Vivek Pandey i/b Ridhima Mangaonkar for defendants 1 to 3 present.
    Draft NM received by e-filing and Mr. Naidu filed the original.
    O-Leave granted to register the motion.
    Mr. Naidu tendered draft Ch/s. O-Leave granted to register Ch/s.
    Mr. Naidu filed transfer application by e-filing. He has tendered the original. O -TOR. seen and filed (Exh-11)
    Mr. Naidu wanted to file application for withdrawal of NM no.1311/20. Before tendering, he has affixed Court Fee Stamp by using his Selie.
    Therefore the said application is not taken on record and his directed to file the same by way of e-filing with copy to the other side.
    As Mr. Naidu wanted to transfer the matter to other court. Hence, matter is adj to 27.11.2020 for hearing.
    Mr. Naidu submitted that there is apprehensible that several incidences may occurred in the matter. Hence, he is seeking status-quo till next date.
    O- In my view, without hearing the matter and without granted opportunity to other side, this court can not passed any status-quo order that too when plaintiff preferred application for transfer of the matter.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: Matter called out(11.46am)
    Mr. Venkatesh Naidu plaintiff no.1 in person present.
    Adv. Ridhima Mangaonkar for defendants 1 to 3 present.
    Mr. Naidu tendered registered C/S 608/2020 and registered N/M no.1555/2020. T.O.R.
    Copy already supplied to the other side.
    Mr.Naidu wanted time as his transfer application is not ready hence, matter adj to 19/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Plaintiff no.1 (a) in person present.
    Adv Vivek Pande for defendants present.
    Sole Plaintiff no.1(a) withdrawn the Notice of Motion no.1311 of 2020 and made a endorsement that as per the preciepe dated 19/10/2020 he is withdrawing the present Notice of Motion.
    There is no reference of such preciepe as per the roznama. Adv for the defendant requested to impose the cost as he has attended the court due to such N.M during the lock-down period arising out of break out of Covid-19.  He further submitted that plaintiff is moving number of N.M. with similar prayer. The plaintiff is permitted to withdraw the N.M. 1311 of 2020. So far as the cost requested for advocate for defendant it can be considered at the time of final decision of the suit. N.M. 1311 of 2020 is disposed off as withdrawn.
    Plaintiff requested adjournment to file rejoinder in N.M. 1390/2020.
    Matter adjd for hearing on N.M. and C/s on 15/02/2021.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 19-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104409/2020
    Filing Date: 07-09-2020
    First Hearing Date: 11th September 2020
    Decision Date: 19th January 2021
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Jan 2021
    Order Details: Notice of Motion
    Pdf Text: Dt: 19/01/21
    Su :1938/09
    NM 1555/20
    NM 3825/19
    NM 1311/20
    NM 1390/20
    C/s 1702/19
    C/s 608/19
    C/s 1967/19
    TA 113/20
    CORAM : R.M.SADRANI ( C.R. NO.07)
    Plaintiff no.1 (a) in person present.
    Adv Vivek Pande for defendants present.
    Sole Plaintiff no.1(a) withdrawn the Notice of Motion
    no.1311 of 2020 and made a endorsement that as per
    the preciepe dated 19/10/2020 he is withdrawing the
    present Notice of Motion.
    There is no reference of such preciepe as per the
    roznama. Adv for the defendant requested to impose
    the cost as he has attended the court due to such N.M
    during the lockdown period arising out of break out of
    Covid19. He further submitted that plaintiff is moving
    number of N.M. with similar prayer. The plaintiff is
    permitted to withdraw the N.M. 1311 of 2020. So far
    as the cost requested for advocate for defendant it can
    be considered at the time of final decision of the suit.
    N.M. 1311 of 2020 is disposed off as withdrawn.
    Plaintiff requested adjournment to file rejoinder in
    N.M. 1390/2020.
    Matter adjd for hearing on N.M. and C/s on
    15/02/2021.
    Judge.
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