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NOTICE OF MOTION

Narsingh Jasrajji RajpurohitVsArchana w/o Randhir Bhalla

CNR MHCC0100532320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th June 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101908/2019
Registration Date
28 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: 25-06-2019
    Business: Advocate Dharmendra Joshi for plaintiff present.
    Advocate Keni for defendant no 1 to 3 present.
    Advocate for plaintiff has tendered registered NM No. 1908/19 alongwith affidavit in support. T.O.R.
    Advocate for defendant no. 1 to 3 is submitted that
    Written statement of defendant no.1 to 3 alongwith counter claim be treated as reply to this motion.
    Advocate for defendant no. 1 to 3 is directed to furnish complete copy of W.S. alongwith counter claim prior to next date.
    Matter is adjd. to 20.09.2019 for NM hearing / compliance by defendants in their counter claim.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Adv. Joshi for the Plaintiff present.
    Adv. Kini i/b Andrews for Defendant-1 to 3 present.
    By consent matter is adjd. to 6.12.2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. Dharmendra Josh for the Plaintiff present.
    Adv. Gharat I/b Adv. J.S Kini for defendant no. 1 to 3.
    By consent matter is for NM hearing  adjd. to 28/01/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Matter is adjd. to 26.2.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv.Dharmendra Joshi for plaintiff.
    Adv.J.S.Kini for defendant no. 1 to 3.
    On oral request of the advocate for the plaintiff, time for service of summons is extended till next date.
    Matter is adjd. to 26.04.2021 for service of summons/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None for plaintiffs.
    Adv. Mr. Narendra Gharat for defendants No.1 to 3 present.
    Matter is adjd. to 05/02/2022 for NM hearing/service of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 20.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. Dharmendra M. Joshi for plaintiff present.
    Adv. Kini for defendant nos. 1 to 3 present.
    Adv. Kapase for defendant no. 6 present.
    Ld. Adv. for plaintiff submits that the writ of summons is not served upon defendant no. 6 and seeks extension of time to service. Time is extended till next date.
    Office to comply.
    Ld. Adv. for defendant nos. 1 to3 submits that plaintiff may be directed to conduct the hearing of pending N/m. In reply Ld. Adv. for plaintiff submits that prayer clause B of N/m is against defendant no. 6. Therefore it is necessary to serve him before proceeding further. Accordingly the matter is listed for service to defendant no. 6.
    Matter is adjd. to 20-06-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Dharmendra Joshi for plaintiff present and seek extension for time for service of letter to defendant no. 6.-O-Time extended till next date.
    Adv. Keni for defendant no. 1 to 3 present.
    Matter is adjd.  for 20-07-2022 service to defendant no.6.
    Next Purpose: SERVICE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: None present for plaintiff.
    Adv. Kini for defendant no. 1 to 3 present.
    The plaintiff not served NM to deft.no. 6 it is pending since long. Therefore the plaintiff is directed to file service affidavit of deft. no. 6 on the next date, failing which NM No. 1908/19 against deft.no. 6 will be dismissed and fixed the NM for hearing.
    Matter is adjd.to 14.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. J. S. Kini for defendant no. 1 to 3 present.
    Kb NM hearing.
    Court is busy in hearing arguments in St. No. 10065/22, Dictating order in NM No. 2703/22 in Suit No. 559/22 and Dictating order in NM No. 1645/18 in Suit No. 840/14.
    Matter is adjd. to 15.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: None present for parties.
    Matter is adjd. to 16.01.2023 for NM hearing.
    LO at 4.09 pm.
    Adv. Narendra Gharat for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Court is on leave.
    Hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: None present for plaintiff.
    Adv.  Narendra Gharat for defendant Nos. 1 to 3 present.
    Matter is adjourned to 19.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 20-03-2023
    Business: None present for plaintiff.
    Adv.  Narendra Gharat for defendant Nos. 1 to 3 present.
    Matter is adjourned to 19.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: None present for the plaintiff.
    Adv. Mr. Om Kini for defendant Nos. 1 to 3 is present.
    Adv. Mr. Amit Kapse for defendant No.6/ State is present.
    On perusal of roznama it appears that plaintiff is not appearing and is proceeding with the matter since many dates. Hence, plaintiff is directed to proceed with the matter, else, further Order is follow.
    Adjourned for NM hearing to 28.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2023
    
    Date: 19-06-2023
    Business: None present for the plaintiff.
    Adv. Mr. Om Kini for defendant Nos. 1 to 3 is present.
    Adv. Mr. Amit Kapse for defendant No.6/ State is present.
    On perusal of roznama it appears that plaintiff is not appearing and is proceeding with the matter since many dates. Hence, plaintiff is directed to proceed with the matter, else, further Order is follow.
    Adjourned for NM hearing to 28.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None present for the plaintiff.
    Adv. Mr. Om Kini for defendant Nos. 1 to 3 is present.
    Adv. Mr. Khatib for defendant No.6/State is present.
    Adv. for defendant Nos. 1 to 3 submitted that plaintiff did not appearing matter since many dates and is not taking any steps and therefore, matter be kept for dismissal.
    On perusal of roznama it reveal that matter is adjourned for steps and NM hearing since many dates, but plaintiff is not proceeding with the matter. Hence, NM No. 1908/2021 is posted for dismissal order.
    Matter is adjourned to 21.10.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 28-08-2023
    Business: None present for the plaintiff.
    Adv. Mr. Om Kini for defendant Nos. 1 to 3 is present.
    Adv. Mr. Khatib for defendant No.6/State is present.
    Adv. for defendant Nos. 1 to 3 submitted that plaintiff did not appearing matter since many dates and is not taking any steps and therefore, matter be kept for dismissal.
    On perusal of roznama it reveal that matter is adjourned for steps and NM hearing since many dates, but plaintiff is not proceeding with the matter. Hence, NM No. 1908/2021 is posted for dismissal order.
    Matter is adjourned to 21.10.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: Adv. Mr. D.M. Joshi for the plaintiff is present.
    Adv. Mr. Nrendra Gharat a/w Adv. Kini for defendant Nos. 1 to 3 is present.
    Adv. Mr. Amit Kapse for defendant No. 6/ State is present.
    Exh.1- Plaint.
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Adv. for the plaintiff filed pursis that plaintiff is expired. TOR. It is marked at Exh. 05. O-R&R.
    He further submits that he intents to bringing legal-heirs of deceased plaintiff on record and seeks time for that.
    Matter is adjourned to 18.01.2024 for NM dismissal/steps.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-01-2024
    
    Date: 21-10-2023
    Business: Adv. Mr. D.M. Joshi for the plaintiff is present.
    Adv. Mr. Nrendra Gharat a/w Adv. Kini for defendant Nos. 1 to 3 is present.
    Adv. Mr. Amit Kapse for defendant No. 6/ State is present.
    Exh.1- Plaint.
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Adv. for the plaintiff filed pursis that plaintiff is expired. TOR. It is marked at Exh. 05. O-R&R.
    He further submits that he intents to bringing legal-heirs of deceased plaintiff on record and seeks time for that.
    Matter is adjourned to 18.01.2024 for NM dismissal/steps.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: As per Office Order PO has gone to visit Observation Home and Children Home in Bombay District (Bal Asha, Dr.Mozes Road, Mahalaxmi, Mumbai) Hence, Board is discharged.
    Matter adjourned to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-02-2024
    
    Date: 18-01-2024
    Business: As per Office Order PO has gone to visit Observation Home and Children Home in Bombay District (Bal Asha, Dr.Mozes Road, Mahalaxmi, Mumbai) Hence, Board is discharged.
    Matter adjourned to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: None for the plaintiff.
    Adv. Mr. Anum Kini h/f Adv. Narendra Gharat for defendant no 1 to 3 is present.
    It appears that adv. for plaintiff has sought time to take steps. However, thereafter no steps are taken today also plaintiff is absent.
    Matter is adjourned to 28.03.2024 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-03-2024
    
    Date: 14-02-2024
    Business: None for the plaintiff.
    Adv. Mr. Anum Kini h/f Adv. Narendra Gharat for defendant no 1 to 3 is present.
    It appears that adv. for plaintiff has sought time to take steps. However, thereafter no steps are taken today also plaintiff is absent.
    Matter is adjourned to 28.03.2024 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: None for the plaintiff.
    Adv. Mr. Aum Kini h/f Adv. Narendra Gharat for defendant No.1 to 3 is present.
    Adv.Mr.Amit Kapse for defendant no.6/State is present.
    Matter is adjourned to 15.06.2024 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 28-03-2024
    Business: None for the plaintiff.
    Adv. Mr. Aum Kini h/f Adv. Narendra Gharat for defendant No.1 to 3 is present.
    Adv.Mr.Amit Kapse for defendant no.6/State is present.
    Matter is adjourned to 15.06.2024 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None for the plaintiff.
    Adv. Mr. Hanumanant Kajane i/b Adv. Kini  for defendant No.1 to 3 is present.
    Adv.Mr.Amit Kapse h/f Adv. Kudalkar for defendant/State is present.
    Plaintiff absent since 20.07.2022. Hence, though NM is kept for dismissal since past many dates the plaintiff has not carred to take the proper steps. Therefore NM No.1908 of 2019 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None for the plaintiff.
    Adv. Mr. Hanumanant Kajane i/b Adv. Kini  for defendant No.1 to 3 is present.
    Adv.Mr.Amit Kapse h/f Adv. Kudalkar for defendant/State is present.
    Plaintiff absent since 20.07.2022. Hence, though NM is kept for dismissal since past many dates the plaintiff has not carred to take the proper steps. Therefore NM No.1908 of 2019 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105774/2019
    Filing Date: 28-05-2019
    First Hearing Date: 25th June 2019
    Decision Date: 15th June 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jun 2024
    Order Details: Notice of Motion
    Pdf Text: None for the plaintiff. Adv. Mr. Hanumanant Kajane i/b Adv. Kini for defendant No.1 to 3 is present. Adv.Mr.Amit Kapse h/f
    Adv. Kudalkar for defendant/State is present. Plaintiff absent since 20.07.2022. Hence, though NM is kept for dismissal since
    past many dates the plaintiff has not carred to take the proper steps. Therefore NM No.1908 of 2019 stands dismissed for
    want of prosecution.
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