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NOTICE OF MOTION

SMT T V DeviVsMr. T. V. Krishanan Nair And Ors

CNR MHCC01005188201920-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th March 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101842/2019
Registration Date
23 May 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-07-2019
    Business: Adv. Desai Present for the Plff.
    Adv.  Tejpal for Defendants no. 1(a), 1(b) and 1(c) present.
    None present for deft no.1(d)
    Adv. Madhusoodanan Nair for Present for the Deft. No.2
    Ex.20 Service affidavit filed by plff. t.o.r.
    he showed service to all the defts. Reply is filed on behalf of Deft no.1(a) and 1(b) and separate reply for Deft no. 1(c) t.o.r.
    Ex.21 Vp of Advocate Madhusoodnan Nair filed on behalf of Deft no. 2.
    Ld counsel for deft no. sought time to file reply.
    Adj to 27/08/2019.
    Next Purpose: REPLY
    Next Hearing Date: 27-08-2019
    
    Date: 10-10-2019
    Business: CA of plaintiff present.
    Adv. Nair for D-2 present.
    Ld. counsel for D-2 filed registered NM a/w affidavit. TOR.
    CA of plaintiff file reply to NM. TOR.
    Court is busy in dictating Judgment in SU No.3148/11. Hence this matter is adjourned.
    Matter adjd for NM hearing on 26/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Samant for plaintiff present.
    Adv. S. R. Tejpal for defendant No. 1a, 1b and 1c present.
    Adv. Nair Present for the Deft. No.2.
    Both side argument Heard. Matter kept for order.
    Matter adjd for Order of NM 3570/19 29/11/2019
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Adv. for plff is absent.
    Adv. S. R. Tejpal for defendant No.1a, 1b, 1c present.
    Adv. Nair with Adv. Sharad Agre for deft No. 2.
    F.R.S.R. following order is passed.
    Notice of Motion is made absolute as under.
    1. Order dt. 25.04.2014 proceeding without written statement against Defendant No.2 is set aside subject to cost of Rs.10,000/- (Rupees Ten Thousand).
    2. Delay in filing written statement of defendant no.2 is hereby condoned after compliance of  the said costs.
    3. Time granted till next date to deposit the cost amount in the court or it be given to the plaintiff.
    4. Defendant No.2 is permitted to file written statement till next date.
    5. If defendant No.2 files written statement on next date then it be read and recorded.
    Matter adjd for compliance on 10/01/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Plaintiff and Advocate for plaintiff both are absent.
    Adv. Nair for defendant no. 2 present.
    Adv. S. R. Tejpal for deft no. 1a, 1b and 1c present.
    The Ld Adv appearing for Deft no.2 has submitted that he has paid the cost of Rs.10,000 by cheque and the said cheque is encashed by the plff.
    Office copy of letter of advocate of deft no.2 addressed to the Advocate for the plff alongwith Xerox copy of the cheque. t.o.r.
    Today deft no. 2 Advocate tendered written statement of deft no.2. t.o.r. O-read and recorded.
    Kb.
    Later on at 03.00 pm.
    Adv. Shweta Singh for plaintiff present.
    The Ld Adv appearing for plff has submitted that cost is received by cheque.
    Adv. for deft no. 2 tendered additional draft issues. t.o.r. O-seen. Copy of the additional draft issues is provided to plff Advocate and Adv. for deft no.1a to 1c in the court today.
    Matter adjd for draft issues by plaintiff on 07/02/2020 at 02.45 pm.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: H.H.J. is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-03-2020
    
    Date: 07-02-2020
    Business: H.H.J. is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: None present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for draft issues on 21/04/2020 at 02.45 pm.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-04-2020
    
    Date: 19-03-2020
    Business: None present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for draft issues on 21/04/2020 at 02.45 pm.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-05-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-06-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-11-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: At 12.10 pm
    None for plaintiff.
    Adv. Mr. Nair with Adv. Agre for defendant No. 2 present.
    Additional issues are framed at Exh. 33.
    Adjd for NM hearing to 10/02/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: At. 11.35 am
    Adv. S. R. Tejpal for defendant NO. 1(a) (b) and (c)  present and stated that notice of motion are disposed of and now it is for admission denial of documents.
    However on perusal of roznama dt. 29.11.2019 the notice of motion NO. 3570/19 is disposed of and not NM No. 1842/19
    The notice of motion are called in afternoon. Hence kept back
    L. O. at 2.50 pm
    Adv. Surbhi Gujar for plaintiff present.
    Adv. Madhusudan Nair I/b KPMC legal for defendant No. 2 present and filed statement of admission and denial. t.o.r.
    Adjd for NM hearing to 04/03/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Ms. Desai for plaintiff present.
    Adv. S. R. Tejpal for defendant No. 1 (a), (b) and (c) present.
    Adv. Mr. Madhusudan Nair with Adv. Mr. sharad Agre I/b KPMC Legal for defendant No. 2 present.
    Heard arguments of Adv. Ms. Desai for plaintiff, Adv. S. R. Tejpal for defendant No. 1 (a), (b) and (c) and Adv. Mr. Nair for defendant No. 2.
    FRSR FOLLOWING ORDER PASSED IN Notice of Motion No. 1842/19
    ORDER
    1. The Notice of Motion is allowed.
    2. The Commissioner to record the cross
        examination of the witness at the
        earliest and submit the report.
    3. Plaintiff to deposit the fee of
        Commissioner.
    4. Registrar (Civil) to comply and
        appoint Commissioner to record cross
        examination from the panel.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105655/2019
    Filing Date: 23-05-2019
    First Hearing Date: 23rd July 2019
    Decision Date: 04th March 2021
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Mar 2021

    Order Details: Notice of Motion Pdf Text: NM No. 1842/2019 in Suit No.8535/1999 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1842 OF 2019 IN SUIT NO. 8535 OF 1999 (CNR NO. MHCC010051882019) Smt. T. V. Devi …. Plaintiff Versus Leela Krishnan Nair and Ors ….Defendants Appearance: Adv. Ms. Duhita Desai for plaintiff. Adv. Mr. S. R. Tejpal for defendant No. 1(a), 1(b) and 1(c). Adv. Mr. Madhusudan Nair for defendant No. 2 CORUM : SMT.…

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