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NOTICE OF MOTION

Mr. Uday Kashinath ChavanVsMr. Santosh Kashinath Chavan and Anr.

CNR MHCC0100512920203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 11th October 2022

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101712/2020
Registration Date
11 Nov 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Uday Kashinath Chavan

    Respondent

    1. 1Mr. Santosh Kashinath Chavan and Anr.

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-01-2021
Business: Advocate Anthony Micheal for plaintiff present.
The case is adjourned to 16.02.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Advocate Anthony Micheal for plaintiff present and tendered registered Notice of Motion No. 1712/20 along with affidavit in support of Notice of Motion. T.O.R.
He also filed application for taking on record additional document. TOR and marked as Exh. 2.
O-Production is allowed.
None for defendant.
The case is adjourned to 01.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 17.06.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Matter called out at 5.25 p.m.
Adv. Anthony Michael for plaintiff.
None present for the defendant.
Plaintiff tendered service affidavit with respect to service of additional document to the defendants. TOR.
O-Seen and filed.
Matter stands adjourned to 16.09.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter called out at 3.13 pm.
None present.
Matter stands adjourned to 21/10/2021.
Next Purpose: HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Matter called out at 11.46 a.m.
None present.
Matter pertains to afternoon session.
Hence, kept back.
Later on 3.24 p.m.
None present.
Matter stands adjourned to 03.12.2021 for hearing.
Later on at 5.35 p.m.
Adv. Anthony Michael for plaintiff present.
Already adjourned to 03.12.2021.
Next Purpose: HEARING
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Matter called out at 3.12 p.m.
None present.
Matter stands adjourned to 14.02.2022 for hearing.
Later on at 3.39 p.m.
Adv. Anthony Michael for plaintiff present.
Already adjourned to 14.02.2022.
Next Purpose: HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Matter called out at 2.58 a.m.
Plaintiff and his Adv. Anthony Micheal present. He tendered service affidavit upon the defendants. It shows that Defendants are served. TOR. Exh.6-colly.
Deft. No.1 in person present. He is seeking time. Time granted.
Matter stands adjourned to 31.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Matter called out at 3.45 p.m.
Adv. Anthony Michael for plaintiff present.
Defendant in person present.
Matter stands adjourned to 22.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Anthony Michael for plaintiff present. He tendered reg. NM No.3124/2021. TOR.
None present for defendant.
Matter stands adjourned to 11.08.2022 for no reply order/NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Anthony Michael for plaintiff present.  He has filed NM No.3124/2021 for passing order of no WS order against the defendant and to proceed exparte against them. The service affidavit filed at Exh.06 shows that plaintiff has served the summons to the Deft. no.1 by RPAD. The acknowledgment is filed a/w the service affidavit. The plaintiff also filed service affidavti on 01.04.2021, the track report filed with the service record shows that the summons by RPAD have been delivered to Deft. no.2 Sushma. The record of roznama shows that the Deft. no.1 has appeared in person. Hence, considering the factual position and service of summons to Deft. no.2, matter be proceeded without WS against Deft. no.1 and exparte against Deft. no.2. In terms of above observation, NM No.3124/2021 is disposed of accordingly.
None present for defendant.
Matter stands adjourned to 11.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Plaintiff a/w Adv. Anthony Michael present.
None present for defendant.
Defendant failed to file WS. Hence, proceed without WS.
Plaintiff submitted that NM No.1712/2020 be heard at the time of final decision of the suit. In case the defendant appears during the course of proceeding, plaintiff is at liberty to raise the prayers of motion. With this observation, NM No.1712/2020 stand disposed of.
Matter stands adjourned to 05.11.2022 for evidence/hearing without
WS.
Nature Of Disposal: OTHERWISE
Disposal Date: 11-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102946/2020
Filing Date: 11-11-2020
First Hearing Date: 07th January 2021
Decision Date: 11th October 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    11 Oct 2022
    Order Details: Other
Pdf Text: 11.10.2022
Sr. No. 40
SU 2606/19
NM 1712/20
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Plaintiff a/w Adv. Anthony Michael present.
None present for defendant.
Defendant failed to file WS. Hence, proceed without WS.
Plaintiff submitted that NM No.1712/2020 be heard at the time of
final decision of the suit. In case the defendant appears during the
course of proceeding, plaintiff is at liberty to raise the prayers of
motion. With this observation, NM No.1712/2020 stand disposed of.
Matter stands adjourned to 05.11.2022 for evidence/hearing without
WS.
Judge
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