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NOTICE OF MOTION

Dr. Sanjay Barnwal Suit St. No. 2038 of 2019VsDr. Sandhya Satish Khadse

CNR MHCC0100467120198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 17th September 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101706/2019
Registration Date
26 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-04-2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: Adjd
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Adjd
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv. Sandeep Sherekar for the Plaintiff present.
    Adv. Kirit Hakani a/w adv. Niyati Hakani for Defendant no.1 present.
    Adv. Aditya h/f adv. Jaideep for defendants no. 3 and 4 present.
    Adv. Suryawashi for defendant no. 8 present.
    Already tendered V/P of Plaintiff. Exh. 2
    Already tendered address memo of Plaintiff.
    Already tendered V/P of Defendant. no. 1
    W/st tendered by Defendant. no. 1. TOR
    Already tendered V/P of Deft. no. 3 and 4.
    Affidavit in reply of three notice of Motions tendered by defendant no. 1. TOR.
    Affidavit in reply of three notice of Motions tendered by defendant no.3 and 4. TOR.
    Draft NM alongwith affidavit in support taken out by Defendant. no. 1 for rejection of plaint. TOR. Leave is granted to register.
    Defendant no. 1 has not pressed NM no. 1606/19  in view of motion taken out of deft. no. 1 under order 7 Rule 11 of CPC. Hence NM 1606/19 is hereby disposed off.
    Original writ of summons tendered by Plaintiff.
    Letter of request tendered by Plaintiff.
    Affidavit of service of Writ of summons tendered by Plaintiff. TOR.
    SU 1389/19 contd...
    Deft no. 7,8,5,6,9 and 10 though duly served with writ of summons, failed to appear. Hence exparte order is passed against Defendant nos.  7,8,5,6,9 and 10.
    Matter is adjd. to 16.09.2019 for steps by the Plaintiff in respect of proof of service of writ of summons to Defendant no. 11, awaiting report of service of  writ of summons to Defendant no. 2 and 12/ reply to NM of Defendant no.1 by the Plaintiff/ W/st by Defendant. no. 3 and 4.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Adv. Jagdish Mali for the Plaintiff present.
    Adv. Sunil Bhoke for Defendant present.
    Adv. Aditya Andulekar for Bmc present.
    Adv. Kirit Hakani for Defendant no. 1 present.
    By consent matter is adjd. to 3.10.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adjd
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv.Rachana Kumbhat for plaintiff present, she submitteed that the issue is pending before Honbl\''e Supereme court.
    Matter adj for Awaiting R and P 18.02.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: matter adjd to 23.03.2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Advocate Sanghoi h/f advocate Niyati Hakani for defendant no.1 present.
    The plaintiff has failed to file reply to motion no. 2834/2019. Hence, NM no. 2834/2019 proceed without reply.
    Matter is adjd. to 23/04/2021 for NM hearing.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv absent for plaintiff.
    Adv Chandra present for defendant/BMC.
    As court is busy in inspection of Notary Work,  hence,  Matter adjourned for reply to 25/11/21.
    Next Purpose: REPLY
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Already adj. to 25/11/2021
    Next Purpose: REPLY
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
    Matter is adjd. to 07.02.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
    Matter is adjd. to 21.04.2022 for N/M reply Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: None present for plaintiff.
    None present for defendant.
    As both the parties and their advocates are absent, Matter adjourned for nm reply rejoinder to 21/07/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As presiding officer is on leave. Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Matter is adjd to 24.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None present for plaintiff. Adv. Chandramore present for defendant 08/MCGM. From the record it appears that, since long plaintiff and his advocate are absent and they did not take steps to proceed further. Hence, Matter adjourned for dismissal order to 17/09/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Matter called out at 11.45 am.
    None present for plaintiff.
    None present for defendants.
    Kb
    l.o. Matter called out at 03.00 pm.
    From the record it appears that, plaintiff and his advocates are absent since long and did not take steps to proceed further with the suit and notice of motions and therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit and notice of motions. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure. As the suit is disposed off NM no. 884/2019, NM no. 1706/19, NM no. 2070/2019, NM no. 2071/2019, NM no. 2072/2019, NM no. 2834/2019, NM no. 4525/2019  do not survive, therefore, nm no. NM no. 884/2019, NM no. 1706/19, NM no. 2070/2019, NM no. 2071/2019, NM no. 2072/2019, NM no. 2834/2019, NM no. 4525/2019 are disposed off accordingly. Proceeding is closed.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 17-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105181/2019
    Filing Date: 26-04-2019
    First Hearing Date: 30th April 2019
    Decision Date: 17th September 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Sept 2022

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF Shri. K. P. Kshirsagar COURT 08 ADDL SESSIONS JUDGE Case No.: NOTICE OF MOTION / 101706 / 2019 CNR Number: MHCC010046712019 Dr. Sanjay Barnwal Suit St. No. 2038 of 2019 Vs Dr. Sandhya Satish Khadse R.R. Nair Advocate / Todays Date Roznama Next/Disposal Date 17-09-2022 Matter called out at 11.45 am. None present for plaintiff. None present for defendants. Kb l.o. Matter called out at 03.00 pm. From the…

    Read Full Order

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