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NOTICE OF MOTION

Kailash Patiraj KurmiVsKamlesh Kailash Kurmi And Ors

CNR MHCC0100514220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 20th October 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101818/2019
Registration Date
21 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Kailash Patiraj Kurmi

    Respondent

    1. 1Kamlesh Kailash Kurmi And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-06-2019
Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
Matter is adjd. to. 26/07/2019 for Directions.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. Parmar for plff present.
None for defts.
Advocate for plff tendered registered N/M No. 1818/19 alongwith affidavit in support. TOR.
Advocate for plaintiff tendered original writ of summons duly served upon defts on 14.03.2019. TOR.
The deft no.1 despite service of writ of summons failed to appear and hence marked Ex-parte.
Adjd for N/M Hearing to 24.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on leave, hence board is discharge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: COURT IS ON LEAVE TODAY.
None present for both the parties.
Adjourned to 17.10.2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 10.11.2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 10.12.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present for plaintiff.
None present for defendant.
Parties to remain present on next date positively.
Adjourned to 07.01.2021 NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv. J. V. Parmar for plaintiff is present.
Since nobody appear for defendant, by way of last opportunity, matter is adjourned to 02.02.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv. Jigar V. Parmar for plaintiff is present.
None present for defendant.
Since nobody appears for the defendant, again by way of last opportunity, matter adjourned to 03.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Jigar V. Parmar for plaintiff is present.
None present for defendant.
Ld. counsel for the plaintiff seeks time to go through the recent judgment of the Honble Supreme Court in respect of rights of a female pertaining to household.
Adjourned to 25.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Adv. J. V. Parmar for plaintiff is present.
None present for defendant.
It is submitted that matter is tried to be settled.
Adjourned to 09.06.2021 Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: None present for the parties.
Due to COVID -19, adjourned to 05.07.2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for parties.
Due to COVID-19, adjourned to 30.07.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: None present for the parties.
Due to Covid-19, adjourned to 18.08.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Matter called out at 11.10 a.m.
None present.
Kept back
Later on at 2.48 p.m.
Adv. Jigar Parmar for plaintiff present.
None present for Defendant. No. 2.
In order to grant one more opportunity to the Deft. No. 2.
Matter stands adjourned to 04.09.2021 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Matter called out at 04.10 p.m.
Plaintiff in person present.
Adv. Jigar Parmar a/w Aashish Gupta for plaintiff present.
None present for defendant.
Adv. for plaintiff requested to tag NM 1818/19 alongwith the main suit. Therefore, the aforesaid NM No. 1818/19 at the end of the trial.
Matter stands adjourned to 12.11.2021 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: PO is on leave in second session. Hence, board discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Matter called out at 12.01 p.m.
Adv. Aashish Gupta for plaintiff present.
Issues not framed.
Matter stands adjourned to 04.05.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present.
Matter stands adjourned to 22.07.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: None present.
Matter stands adjourned to 20.09.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: None present.
Issues framed below Exh.06.
ISSUES
1.	Does the plaintiff prove that he is in exclusive possession over the suit property ?
2.	Does the plaintiff prove obstruction at the hands of defendants ?
3.	Is the plaintiff entitled for the reliefs as sought ?
4.	What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Matter stands adjourned to 15.12.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: None present.
K.B.
later on at 12.12 p.m.
Plaintiff in person present.
K.B.
Later on called out at 2.46 p.m.
None present.
Matter stands adjourned to 27.02.2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Plaintiff in person present.
None for defendant.
Matter stands adjourned on 19.04.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: None present.
Matter stands adjourned on 08.08.2023 for recording evidence.
Later on at 12.00 noon
Adv. Ashish Gupta I/b Adv. Parmar for plaintiff present.
Matter already adjourned on 08.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Adv Ashish Gupta for Plaintiff present and submits that there are talks of settlement is going on. Hence, adjourned.
None for defendant present.
Matter stands adjourned on 20-10-2023 for R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Adv Kailash Gupta present a/w Plaintiff.
None present for Defendant.
Exh.7 pursis for withdrawal of suit filed by Plaintiff. TOR.
O- Heard plaintiff in person and his advocate. Plaintiff wish to withdraw the suit unconditionally. He is identified by his advocate. The ID proof in the form of Aadhar Card is perused. The copy of Aadhar card is filed along with Exh.7. In view of pursis  Suit is disposed of as withdrawn. Court fees be refunded as per rules.
NM 1818 of 2019 accordingly disposed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105602/2019
Filing Date: 21-05-2019
First Hearing Date: 14th June 2019
Decision Date: 20th October 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Oct 2023
    Order Details: Other
Pdf Text: 20.10.2023
Sr. No. 13
SU 597/2019
NM 1818/2019
Exh.7
CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
Adv Kailash Gupta present a/w Plaintiff.
None present for Defendant.
Exh.7 pursis for withdrawal of suit filed by Plaintiff. TOR.
O- Heard plaintiff in person and his advocate. Plaintiff wish to
withdraw the suit unconditionally. He is identified by his advocate.
The ID proof in the form of Aadhar Card is perused. The copy of
Aadhar card is filed along with Exh.7. In view of pursis Suit is
disposed of as withdrawn. Court fees be refunded as per rules.
NM 1818 of 2019 accordingly disposed.
Judge
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