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NOTICE OF MOTION

Mr Ramniklal Petharaj GadaVsMr Mishrilal Haribaran Gupta +1 more

CNR MHCC0100419320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 11th March 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101560/2019
Registration Date
15 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-04-2019
    Business: None present for Plaintiff.
    Advocate Mr. Shukla for Defendant no.1 present
    K.B.
    L.O. Same appearance.
    Case is adjourned to 15/07/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2019
    
    Date: 04-11-2019
    Business: Advocate Sujit Nikam for Plaintiff present
    Advocate Priyank Shukla for Defendant present
    By consent, case is adjourned to 04/02/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Advocate Mr. Sujit Nikam for Plaintiff present and filed registered Notice of Motion no.1560/2019 with affidavit in support, t.o.r.
    Advocate Mr. Shukla for Defendant no.1 present
    In Notice of Motion no.1560/19 Plaintiff has claimed relief for issuance of commission for investigation of place of business i.e. M/s India Restaurant situated on plot no.1, Agra road, Nityanand nagar, near fish market Ghatkopar, Mumbai -77 by invoking powers u/s 75 and order 26 of CPC.
    Advocate for Defendant no.1 advocate submitted that Plaintiff has filed Chamber Summons no.653/19 for same relief i.e. for appointment of commissioner and reply filed to said Chamber Summons is being adopted by Defendant as reply for Notice of Motion no.1560/19.
    Plaintiff advocate submitted that he will have instructions from Plaintiff that whether suit premises is demolished by BMC under road widening.  It is made clear that, if on next date, Plaintiff will not inform the court about demolition or existence of suit premises, court will be compelled to have to consider the submissions made today and court will have to dispose off the suit considering the fact that suit premises is not existing hence Plaintiffs claim has become infructuous.
    Roznama dated 2803/2019 shows that Plaintiff has not pressed the Chamber Summons no.653/19 hence said Chamber Summons stands disposed off as not pressed.
    Case is adjourned to 03/04/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 27-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 27-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv Mr. Sujit Nikam for plff present and mentioned the matter in the morning session. He seeks adjournment.
    Matter is posted for hearing on NM taken out by the plff.
    Matter is in the afternoon session hence kept back.
    K.B.
    L.O. at 3.45 pm.
    None present for deft.
    Advocate for the plaintiff had mentioned the matter in the morning session and had sought adjournment.
    As nobody appeared for defendant, matter is adjd. for NM hearing to 04.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 29-01-2021
    Business: Adv Mr. Sujit Nikam for plff present and mentioned the matter in the morning session. He seeks adjournment.
    Matter is posted for hearing on NM taken out by the plff.
    Matter is in the afternoon session hence kept back.
    K.B.
    L.O. at 3.45 pm.
    None present for deft.
    Advocate for the plaintiff had mentioned the matter in the morning session and had sought adjournment.
    As nobody appeared for defendant, matter is adjd. for NM hearing to 04.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 29-01-2021
    Business: Adv Mr. Sujit Nikam for plff present and mentioned the matter in the morning session. He seeks adjournment.
    Matter is posted for hearing on NM taken out by the plff.
    Matter is in the afternoon session hence kept back.
    K.B.
    L.O. at 3.45 pm.
    None present for deft.
    Advocate for the plaintiff had mentioned the matter in the morning session and had sought adjournment.
    As nobody appeared for defendant, matter is adjd. for NM hearing to 04.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Son of Plff present.
    None present for deft.
    K.B.
    L.O. at 4.20 p.m.
    Adv Mr. Sujit Nikam for plff present.
    None present for deft.
    Ld. advocate for the plff pointed out that reply filed to Ch/s is adopted by deft No.1 as his reply to N.M. No.1560/2019.
    Heard argument of ld. Advocate for plff in N.M. No. 1560/2019.
    Matter adjourned for argument of deft in NM No. 1560/2019 and arguments in N.M. No. 1643/2017 to 11.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 04-03-2021
    Business: Son of Plff present.
    None present for deft.
    K.B.
    L.O. at 4.20 p.m.
    Adv Mr. Sujit Nikam for plff present.
    None present for deft.
    Ld. advocate for the plff pointed out that reply filed to Ch/s is adopted by deft No.1 as his reply to N.M. No.1560/2019.
    Heard argument of ld. Advocate for plff in N.M. No. 1560/2019.
    Matter adjourned for argument of deft in NM No. 1560/2019 and arguments in N.M. No. 1643/2017 to 11.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 04-03-2021
    Business: Son of Plff present.
    None present for deft.
    K.B.
    L.O. at 4.20 p.m.
    Adv Mr. Sujit Nikam for plff present.
    None present for deft.
    Ld. advocate for the plff pointed out that reply filed to Ch/s is adopted by deft No.1 as his reply to N.M. No.1560/2019.
    Heard argument of ld. Advocate for plff in N.M. No. 1560/2019.
    Matter adjourned for argument of deft in NM No. 1560/2019 and arguments in N.M. No. 1643/2017 to 11.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Mr. Sujit Nikam for plff present.
    K.B.
    L.O.
    F.R.S.R.following order is passed in N.M.No.1560/2019.
                     ORDER
    Notice of Motion No. 1560 of 2019 is dismissed.
                      ----
    Matter is adjd. for hearing in N.M. No.1643/2017 to 19.04.2021
    Nature Of Disposal: DISMISSED
    Disposal Date: 11-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104624/2019
    Filing Date: 15-04-2019
    First Hearing Date: 15th April 2019
    Decision Date: 11th March 2021
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Mar 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 1560-2019 in NM 1643-2017 in SU 1010-2017 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO. 1560 OF 2019 (CNR No.MHCC01-004193-2019) IN NOTICE OF MOTION NO.1643 OF 2017 (CNR No.MHCC01-004705-2017) IN SUIT NO.1010 OF 2017. (CNR No.MHCC01-004274-2017) Ramniklal P. Gada }...PLAINTIFFS. Versus 1. Mishrilal Haribaran Gupta } 2. Suresh Anil Kunder }...DEFENDANTS. --------------------------------------------------------------------------------------------------- Shri.Sujit Nikam, learned advocate for the plaintiff. None appeared for the defendants. ----------------------------------------------------------------------------------------- CORAM : HIS…

    Read Full Order

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