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NOTICE OF MOTION

Smt. Prafullata Kumar Desai(Suit St. No. 4223/VsMr. Vilas Bhaskar Raote and Anr.

CNR MHCC01004366202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 07th June 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101353/2020
Registration Date
25 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: 25-09-2020
    Business: Adv. Ms.Roslin Nadar for plaintiff present.
    Adv.Mr.Venkateshwar for deft no.1 present.
    Adv. Mr.Aaatir Sayeed for deft. no.2 present.
    Adv. for plff. tendered draft ch/s. along with supporting affidavit.  The suit is not yet registered.  Plff. to satisfy the Court for grant of leave to register the ch/s. for amendment.
    The matter is adjd for hearing to 01.10.2020.
    Next Purpose: HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Ld. advocate Mr.Tiwari with adv. Nadar for the plaintiff present.
    None for deft.
    Partly heard argument.
    Ld. Counsel for plaintiff press for registration of chamber summons after the registration of the suit, hence the plaintiff to remove the office objection and get the suit registered.  Adjd to 09/10/2020.
    Next Purpose: HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 23.11.2020.
    Next Purpose: HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: The P.O. is on leave.  Hence matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: P.O. is on leave  board is discharged.
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Adv.Ms. Nadar for plff present.
    Adv Mr. S. Venkateshan for deft  no 1 present and undertakes to V/P on next date.
    Adv. Advet Rawrane for deft no. 2 present and tendered reply to Ch/s no. 565/2020. Copy served to other sides.
    Adjd to 12 .01.2021  for Ch/s reply.
    Next Purpose: HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv. Roseline Nadar for plaintiff present.
    Adv. Advait for defendant no. 2 present.  He submits that this Court has no jurisdiction to try the suit.
    Ld. Adv. for the plaintiff to explain the point of pecuniary jurisdiction to try the suit on the next date.
    Adjd to 05.02.2021 for hearing on the point of pecuniary jurisdiction.
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None for plaintiff.
    Adv. Advait Raorane for def. no. 2 present.
    On oral request of Ld. Adv. for def. no. 2 matter is adjourned.
    Adjd to 26.03.2021 for hearing.
    l.o. at 11.55 a.m. Adv. Roseline Nadar for plaintiff present.
    On oral request of ld. adv. for plaintiff the date is prepone to 08.03.2021.  The plaintiff shall inform the changed date to defendants well in advance.
    Adjd to 08.03.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Roseline Nadar for plaintiff present and filed two applications.  Tor and marked at Exh. 6 and 7.
    Adv. Naronha for defendant no. 2 present.
    Order on Exh. 6
             Today matter is fixed for hearing on the point of pecuniary jurisdiction.  By this application the plaintiff requests to hear the both the Ch/s first.  However, issue of pecuniary jurisdiction goes to the root of the case therefore, this application Exh. 6 is rejected. Order on Exh. 7- Other side to say.
    Adjd to 15.03.2021 for order on point of pecuniary jurisdiction.
    Next Purpose: ORDER
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: None for plff.
    Adv. Advait Ravrane for deft no.2 present.
    F.R.S.R. following order  is passed on the point of Pecuniary Jurisdiction -
    This Court has Jurisdiction to try the suit.
    LO at 3.40 p.m.
    Adv. Venkateshwar for deft no.1 present.
    Adjd to 17.04.2021 for reply on Exh.7.
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Declared as holiday.
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2021
    
    Date: 17-04-2021
    Business: Declared as holiday.
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2021
    
    Date: 17-04-2021
    Business: Declared as holiday.
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: None for plaintiff.
    Adv. for defendant present.
    Adjd for reply to 04/10/2021
    Next Purpose: REPLY
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv. Ms. Nadar  For plaintiff present.
    Adv. Mehek Chowdhary For defendant No. 2 present.
    Adv. For defendant stated the Writ petition is filed against order passed on 15.03.2021 holding that the court has pecuniary jurisdiction to decide the suit. Hence prayed adjournment.
    On the other hand adv. For plaintiff stated that they have filed chamber summons the same may be heard and decided.
    Adjd for chamber summons hearing to 22/11/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Plaintiff present.
    Adv. Roseline Nadar For plaintiff present.
    Adv. Amit Bel For defendant No. 2 present and stated that his senior is Honble High court therefore matter be adjourned.
    Adjournment granted as last chance.
    The defendant to argue on next date failing which chamber summons will be decided without argument.
    Adjd for Ch.s arguments to 03/01/2022
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    
    Date: 03-01-2022
    
    Date: 14-02-2022
    Business: Adv. Ms. Roseline Nadar along with Adv. Holamagi for plaintiff present.
    Adv. Tarang Jagtiani For defendant No. 2 present.
    Adv. For plaintiff tendered application for producing death certificate of Smt. Sharmila Shridhar Chemburkar as per order dt. 03.01.2022. T.O.R
    Adv. For deft No. 2 stated that they have filed appeal from order dt. 15.03.2021 before Honble High Court.
    Adjd for arguments to chamber summons/Notice of motion to 16/03/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Ms. Roseline Nadar for plaintiff present.
    Adv. Mehek Choudhary For defendant No. 2 present.
    Adjd for NM arguments to 07/06/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-04-2022
    
    Date: 16-03-2022
    Business: Adv. Ms. Roseline Nadar for plaintiff present.
    Adv. Mehek Choudhary For defendant No. 2 present.
    Adjd for NM arguments to 07/06/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-04-2022
    
    Date: 16-03-2022
    Business: Adv. Ms. Roseline Nadar for plaintiff present.
    Adv. Mehek Choudhary For defendant No. 2 present.
    Adjd for NM arguments to 07/06/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: NOB TOB
    Letter received from Honble high court bearing inward No. 4083 dt. 06.04.2022. Kept in R and P. O- Seen
    “The order impugned dt. 15th March 2021 has not considered the same and that being so, same is quashed and set aside. Once the chamber summons No. 565 of 2020 is decided, the court below is directed to decide the present proceedings i.e. issue of jurisdiction canvassed in this petition afresh”.
    Already adjd to 07/06/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. Aman A. Kothari along with plaintiff present and filed affidavit/application for withdrawal of suit t.o.r. marked as Exh. 8.
    Adv. S. Venkateshwar  for defendant  no. 1 present.
    Adv. Mehek Chaudhary for defendant  no. 2 present.
     Order on Exh.8 in Short Cause Suit No. 1128/2020
    	This application  is filed by the plaintiff on affidavit stating that she has settled the matter with the defendants and she has executed and registered her deed of release  dated 19-04-2022. Xerox copy of the said deed of released annexed with Exh.8. She is represented by Adv. A. Kothari. The plaintiff has admitted her  signature and contents in application  Exh.8. As the plaintiff is voluntarily withdrawing the suit without any condition, application Exh.8 can be allowed. Hence, I proceed to pass this following order -
    1. S.C. Suit no. 1128/2020 is disposed as withdrawn.
    2. Court fees shall be refunded to the plaintiff as per the Rules.
    3. Parties shall bear their own cost.
    4. Proceeding of S.C. Suit no. 1128/2020 is closed.
    5. Notice of Motion no. 1353/2020, Chamber summons no. 565/2020 and Chamber summons no.621/2020 are disposed of having becoming infructuous due to disposal of the main matter.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 07-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104615/2020
    Filing Date: 19-09-2020
    First Hearing Date: 25th September 2020
    Decision Date: 07th June 2022
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Jun 2022

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101353/2020 Smt. Prafullata Kumar Desai(Suit St. No. 4223/2020) Vs Mr. Vilas Bhaskar Raote and Anr. Date : 07-06-2022 Business : Adv. Aman A. Kothari along with plaintiff present and filed affidavit/application for withdrawal of suit t.o.r. marked as Exh. 8. Adv. S. Venkateshwar for defendant no. 1 present. Adv. Mehek Chaudhary for defendant no. 2 present. Order on Exh.8…

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