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NOTICE OF MOTION

Smt. Vijaya Gajanan KothekarVsMr. Prabhakar Sitaram Kadam +2 more

CNR MHCC01004416202063-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 01st November 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101438/2020
Registration Date
12 Oct 2020

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 06-11-2020
Business: Matter called out(11.57am)
Due to Covid-19 Plaintiff and his advocate absent.
Adv.Meezan M.R. Patel for defendant no.3 present.
Adv. defendant no.3 filed affidavit of service of Notice of Motion No.1438/2020. T.O.R
Adv. defendant no.3 tendered registered N/M No.1438/20.T.O.R
Matter is adj to 12/01/2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Court is busy in Judgment of Suit 9480/93. Hence, board discharge.
Matter Adj for NM hearing on 04.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: None present for plaintiff.
Advocate Ms. Ghadage for defendant no.2 is present.
Advocate Mr. M. R. Patel for defendant no.3 is present.
Adjourned for NM reply to 01.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adjourned for NM for Hearing to  05/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Suhas Kharat present for plaintiff and sought time to file reply to NM no.1438/2020. O- Time is granted as a last chance.
Adv. Meezan Patel present for defendant no.03.
Adv. Juilee Ghadge present for defendant no.02 and file application a/w copy of intimation for withdrawl of Vakalatnama and copy of E-mail sending the said intimation to defendant no.02 and register of society. t.o.r. Marked as Exh-05. O- Granted.
Matter is adjd. for Reply on NM no.1438/2020 to 15.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. M. Sharma present for defendant no.03. Matter is for hearing on NM. NM no.3088/2019 taken by plaintiff. Record shows that plaintiff failed to filed rely to NM no.1438/2020. Keep said NM without reply hearing on next date and dismissal order of NM no.3088/2019.
Matter is adjd. for NM hearing to 16.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Meezan Patel present for defendant no.03.
Heard advocate for defendant no.03 on NM no.1438/2020. Adv. for plaintiff is absent to argue on both Notice of Motion. NM no.3088/2019 taken by plaintiff is dismissed in default. Matter is adjourned for order on NM no.1438/2020.
Matter is adjd. for NM order to 01.11.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Meeran Patel present for defendant no.03.
F. R.S.R. following order is passed on:
Order:
1. Notice of Motion No. 1438 of 2020 is allowed in terms of prayer clause (a) and (b).
2. Delay of 213 days in condoned and no written statement order dtd. 17-01-2020 is set aside.
3. Defendant No.3 is permitted to file the written statement on record.
4. Notice of Motion No. 1438 of 2020 is accordingly, disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 01-11-2023

Additional Case Details

Additional Case Details
Filing Number: 102906/2020
Filing Date: 12-10-2020
First Hearing Date: 06th November 2020
Decision Date: 01st November 2023
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
01 Nov 2023

Order Details: Notice of Motion Pdf Text: N.M. No.1438/2020 in S.C. Suit No.1894/2019. 1 Order. MHCC010044162020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1438 OF 2020 IN S.C. SUIT NO. 1894 OF 2019 Sugee Developers Pvt. Ltd. ...Applicant/ Defendant No.3 In the matter of Smt. Vijaya Gajanan Kothekar ... Plaintiff V/s. Mr. Prabhakar Sitaram Kadam and others ... Defendants CORAM : HIS HONOUR JUDGE SHRI N.G.SHUKLA CITY CIVIL COURT, GR.BOMBAY (C.R. NO.63). DATE : 01-11-2023…

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