NOTICE OF MOTION
Arun Gangaram SawantVsUday Gangaram Sawant and Anr.
CNR MHCC01004448201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd April 2024
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101623/2019
- Registration Date
- 22 Apr 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 10-07-2019
Business: Adv. Kapase for plaintiff present.
Adv. Bhimrao Pawar for defendant No. 1 present and tendered Original NM 1623/19 along with affidavit and documents. Ld. counsel for plaintiff prayed for grant of time to submit his reply. Time granted.
Matter stands Adj for NM reply and hearing to 27.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: As the court is busy in dictating Judgement in NDPS Spl Case No.181 of 2014 and NM order in Suit No.1738/11 and 5290/12. Hence, board is discharged.
Matter stands Adj to 7/10/2019 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv. Kapse for plaintiff present.
Adv. Pawar for defendant present.
By consent, Matter stands Adj for NM hearing to 18.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Kapse for plaintiff present.
Adv. Bhimrao Powar for applicant (D/1) present and submitted that to D/1 has expired and for bringing his legal heirs, as he is taking out Ch/sum and filed draft Ch/sum. Leave granted. Ch/sum be registered.
Copy served to other side.
Matter stands Adj for reply on Ch/sum on 07.01.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: The court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Adv. Mandavkar for defendant present and filed vakalatnama on behalf of the defendant.
Matter stands Adj for hearing to 17.10.2020
Next Purpose: C/S REPLY
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: None for Decree Holder.
Advocate Mandavkar for JD no.1 present.
KB
LO at 2.10pm
Same appearance.
Advocate for JD no.1 present and filed registered Chamber Summons No.2152/19 along with affidavit in support of Chamber Summons. T.O.R.
Advocate for JD no.1 undertakes to serve the Ch/s on the Decree Holder.
The case is adjourned to 09.02.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present.
The case is adjourned to 25.03.2021 for Ch/s reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: As the Court is busy in hearing NM in SU No.7603/89 the case is adjourned.
The case is adjourned to 16.06.2021 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None present for plaintiff and defendant.
Matter stands adjourned to 08.09.2021 for C/S reply
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Matter called out at 04.27 p.m.
None present.
Matter stands adjourned to 26.10.2021 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present.
Matter stands adjourned to 18.12.2021 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Matter called out at 3.45 p.m.
Adv. A. S. Kapse for DH presnt. He is seeking time to file reply to CS. Time gratned.
None present for JDR.
Matter stands adjourned to 20.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Matter called out at 4.24 p.m.
Adv. Kapse for DH present. He tendered draft CS.
O-leave granted to register.
Draft CS handed over to the DH for registration.
None present for JDR.
Matter stands adjourned to 12.04.2022 for reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. A. S. Kapse tendered VP on behalf of DH. TOR. Exh.2.
O-Seen and filed.
He also tendered reg. CS No.374/2022 a/w affidavit of service. TOR.
As court is busy in dictating orders in NM No.1963/2021 as well as hearing in part heard SU no.1225/2009.
Matter stands adjourned to 15.06.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. A. S. Kapse for plaintiff present.
None present for defendant.
Matter stands adjourned to 29.07.2022 for reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Kapse for DH present.
None present for defendant.
Matter stands adjourned to 17.09.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. Pratik Krgaonkar h/f Adv. Kapse for DH present. He tendered reply to CS No.2152/2019. TOR.
None present for JD.
Matter stands adjourned to 29.11.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Kapse for plaintiff present.
None present for defendant.
The defendants has taken out the CS No.2152/2019 for bringing the LRs of deceased Deft. no.1 in NM No.1623/2019. The plaintiff raised objection, but did not deny that the Deft. no.1 is dead. Hence, CS deserves to be allowed.
Thus, I pass the following order.
CS No.2152/2019 is allowed.
LRs of Deft. no.1 to carry out necessary amendments within a period of 14 days from the date of order to bring themselves on record in NM No.1623/2019.
Costs in cause.
CS No.2152/2019 disposed off accordingly.
The advocate for plaintiff has informed that the plaintiff has also died and he has brought LRs of plaintiff on record in EA No.222/2018. The LRs of Deft. no.1 are also required to bring the LRs of deceased plaintiff on record in this motion. Hence, LRs of Deft. no.1 to take steps.
Matter stands adjourned to 10.01.2023 for compliance/steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Amit Kaspe for plaintiff present.
None present for defedant.
Matter stands adjourned on 08.06.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Adv Amit Kaspe for D/H present.
None for J/D present.
Amendment allowed in C/s No. 374/2022 is not carried out by J/D in NM 1623/2019 within limitation therefore NM 1623/2019 is proceeded without the amendment allowed in C/s No. 2152/2019.
Matter stands adjourned on 09-08-2023 hearing on
NM 1623/2019.
Next Purpose: HEARING
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: P.O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: Adv Amit Kapse present for D/H.
None present for J/D and failed to press NM 1623/2019, hence put up for NM dismissal order.
Matter stands adjourned on 06-01-2024 for NM dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Kaspe for DH/plaintiff.
None for defendant.
Due to formation of new court and change of assignment matter is adjourned.
Matter adjourned for NM dismissal /further order to 02-04-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv. Kapse for DH/plaintiff present.
None for JD/defendant.
Order below in NM No.1623/19.
Perused the earlier roznama dt.21.10.2023 which speaks for dismissal of the Notice of Motion. Thereafter, on 06.03.2024 the Judgment Debtor was absent and steps have not been taken hence, it is kept for dismissal/ further order. Accordingly, today none present for defendant. No steps taken in respect of NM. Therefore, it appears that JD not interest to pursuant the Notice of Motion. Hence, Notice of Motion is stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-04-2024Additional Case Details
Additional Case Details
Filing Number: 104870/2019 Filing Date: 22-04-2019 First Hearing Date: 10th July 2019 Decision Date: 02nd April 2024 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 102 Apr 2024
02 Apr 2024
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 61 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101623/2019 Arun Gangaram Sawant Vs Uday Gangaram Sawant and Anr. Date : 02-04-2024 Business : Adv. Kapse for DH/plaintiff present. None for JD/defendant. Order below in NM No.1623/19. Perused the earlier roznama dt.21.10.2023 which speaks for dismissal of the Notice of Motion. Thereafter, on 06.03.2024 the Judgment Debtor was absent and steps have not been taken hence, it is kept for dismissal/ further order. Accordingly, today none present for defendant. No steps taken in respect of NM. Therefore, it appears that JD not interest to pursuant the Notice of Motion. Hence, Notice of Motion is stands dismissed in default. Nature of Disposal : DISMISSED IN DEFAULT -- 1 of 1 --
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