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NOTICE OF MOTION

Kumari Payal Arup Rana - Suit St. No.5608 of 2019VsShree Hari Developers And Ors

CNR MHCC0100519420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 20th January 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101846/2019
Registration Date
23 May 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: 06-06-2019
    Business: Adjd
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Court is on Half day leave (2nd Session)
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Adv. Mr. Sujeet Nikam for the Plaintiff present.
    None present  for the Defendant.
    Original registered N/M No. 1846/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Issue writ of summons to the defts on payment of process fee through bailiff of sheriff office.
    Matter is adjd. to 3.10.2019 for proof of service of writ of summons and N/M.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv. Sujit Nikam for Plaintiff is present.  He seeks extension of service of writ of summons.
    O-Granted.
    Matter is adjd.  for  proof of service to . 08/04/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: None for plaintiff.
    Last chance is granted to plaintiff for service of summons.
    Matter is adjd. to 27/04/2021 for service of summons.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: due to covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: due to covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv. Sujit Nikam for plaintiff.
    Adv.for plantiff filed by Application for Extension of Time to serve Writ of summons. O-granted.
    None for defendant.
    Matter adjourned for Service to 07.12.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: As Court is busy in hearing argument in SU 6988/06 and other precipe matters. Hence. Board is discharged.
    Matter is adjd. to 17.02.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Plaintiff no.1 is present in person and files service affidavit TOR
    Adv Rajanish Dubey for defendant no.1 present.
    Adv Yasmin Sarang for defendant no.2 present.
    Ld advocate for the defendant no.2 seeks time to file reply. Plaintiff no.1 submits that her advocate is attending the matter in the Hon\''ble High Court. Hence, matter is adjourned to 19.04.2022 at the request of the plaintiff no.1.
    Matter is adjd. To 19.04.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv. Sujit Nikam for plaintiff present.
    Adv. Yasmin Sarang for defendant no. 2 present.
    Matter is adjd. to 21-06-2022 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Court is busy in hearing N/m in SU 2042/19. Hence, board discharged.
    Matter is adjd. to 24-08-2022  for  N/m reply /rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None present for plaintiff.
    Rajnish Dubey for deft.no. 1 present.
    Adv. Yasmin Sarang for defendant no. 2 present.
    Matter is adjd. to 17.10.2022 for NM reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: None present for plaintiff
    Adv. Deepanjali for defendant no. 1 preent.
    Adv. Yasmin Sarang for BEST /Deft.no. 2 present and submitted that WS is on record it may be treated as reply.
    Matter is adjd. to 12.12.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged. Matter is adjourned to 30.01.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: As Court is busy in Dictating Judgments in Suit No. 639/2015 and Suit No.1778/2018. Hence, Board is discharged.
    Matter is adjourned to 27.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: None present for plaintiff.
    Adv. Deepanjali Mishra for defendant No. 1 present.
    Adv. Yasmin Sarang for defendant No. 2 present.
    Matter is adjourned to 19.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Mr. Sujit Nikam for the plaintiff is present.
    Adv. Mr. Shobhit Shukla for defendant No. 1 is present.
    Adv. Ms. Yasmin Sarang for defendant No. 2 is present.
    Adv. Ms. Chandramore for defendant Nos. 3 and 4 /BMC is present.
    Advocate for the plaintiff filed the application for withdrawal of VP on behalf of the plaintiffs. TOR. It is marked at Exh. 04.
    O- Perused the application which is supported by the copy of notice given to the plaintiffs by advocate about dischagre from the matter. Considering the grounds advocate for the plaintiffs allowed to withdraw VP on behalf of the plaintiff.
    Adjourned for NM hearing to 21.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: None present for the plaintiff.
    Adv. Ms. Yasmin Sarang for defendant No.2/BEST is present.
    Matter is adjourned to 20.11.2023 for NM hearing.
    LO at 04:14 pm.
    Adv. Ms. Deepanjali Mishra for defendant No. 1 is present.
    Adv. Ms. Chandramore for defendant Nos.3 and 4/BMC is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: None present for the plaintiff.
    Adv. Ms. Deepanjali Mishra for defendant No. 1 is present.
    Adv. Ms. Yasmin Sarang for defendant No.2/BEST is present.
    Adv. Ms. Chandramore for defendant Nos. 3 and 4/BMC is present.
    It is submitted by ld. advocates for defendants that plaintiff is not appearing and proceeding with the NM hearing. Adv. for plaintiff has also withdrawn his VP. Hence, matter is adjourned to 20.01.2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None for plaintiff.
    Adv. Mr.Shobhit Shukla for defendant no.1 is present.
    Adv. Ms.Yasmin Sarang for defendant no.2/BEST is present.
    Plaintiff is absent when called out repeatedly. On perual of roznama it reveals that matter is pending for NM hearing since many dates. But plaintiff is not appearing and proceeding with NM hearing. Hence NM No.1846 of 2019 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105677/2019
    Filing Date: 23-05-2019
    First Hearing Date: 06th June 2019
    Decision Date: 20th January 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Jan 2024
    Order Details: Notice of Motion
    Pdf Text: NM 1846-19
    None for plaintiff.
    Adv. Mr.Shobhit Shukla for defendant no.1 is present.
    Adv. Ms.Yasmin Sarang for defendant no.2/BEST is present.
    Plaintiff is absent when called out repeatedly. On perual of roznama it reveals that
    matter is pending for NM hearing since many dates. But plaintiff is not appearing and
    proceeding with NM hearing. Hence NM No.1846 of 2019 stands dismissed for want of
    prosecution.
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