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NOTICE OF MOTION

Mahadev Limbaji Sawant Suit St. No. 5965 of 2020VsYogesh Jadhav and Ors.

CNR MHCC0100564920203-COURT 03 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 22nd February 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101929/2020
Registration Date
11 Dec 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 09

    Case History / Proceedings

    Case History
    Date: 11-01-2021
    Business: Advocate Jamkandi i/b Kulkarni Law Association for Plaintiff present and tendered affidavit of service. TOR and marked as Exh.2.
    O-Seen
    He also tendered registered Notice of Motion No. 1929/20 along with affidavit in support of Notice of Motion. T.O.R.
    He undertakes to get the office objections removed on or before next date.
    Earlier order is to be continued till next date.
    The case is adjourned to 21.01.2021  for  compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Advocate Jamkandi for plaintiff present and undertakes to amend the valuation clause of the suit and to pay the Court fee accordingly.
    Time of four weeks is granted to complete the exercise failing which the plaint shall stand rejected without reference to the Court.
    None for defendant.
    Earlier order is to be continued till next date.
    The case is adjourned to 20.02.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Advocate Jamkandi for plaintiff present.
    Heard.
    Office has raised objection to valuation of the suit.
    The case is adjourned to 08.03.2021 for compliance
    LO at 3.45 pm
    Advocate Jamkandi for plaintiff present.
    Heard.
    The case is adjourned to 08.03.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: None present.
    F.R.S.R.following order is passed
    ORDER ON EXH.1
    1. Plaintiff is directed to correct the valuation of the suit to the tune of market value of the suit premises and to pay the court fee thereon.
    2. Eight weeks time is granted for compliance.
    The case is adjourned to 07.06.2021  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    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 owing to absence of the parties.
    Adjd to 22.07.2021 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: None present.
    Matter stands adjourned to 14.10.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: None present.
    Matter stands adjourned to 21.12.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: None present.
    Matter stands adjourned to 03.03.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Court is on leave in second session. Hence, board discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is on leave, Hence board is discharged. Matter adj. to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present.
    Issue notice of appearance to the plaintiff through bailiff/RPAD.
    Matter stands adjourned to 08.09.2022 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: None present.
    Matter stands adjourned to 01.12.2022 for appearance.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Bailiff report received. TOR. Exh.03.
    None present for plaintiff.
    Put up for dismissal.
    Matter stands adjourned to 22.02.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: None present.
    Later on at 3.30 p.m.
    Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.03, the said premises found locked and on making inquiry with Mr. Sandeep Sawant Security Guard, who informed that no any such person by name Mr. Mahadev Limbaji Sawant plaintiff in this area. It seems that plaintiff has left the registered address and details of new address are not known. As per the provisions of Order VI Rule 14-A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14-A sub-rule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order.
    Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed.
    As suit is disposed of, nothing survives in NM No.1929/2020 Hence, disposed of accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 22-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106162/2020
    Filing Date: 11-12-2020
    First Hearing Date: 11th January 2021
    Decision Date: 22nd February 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Feb 2023

    Order Details: Other Pdf Text: 22.02.2023 Sr. No. 6 SU 692/21 NM 1929/20 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. Later on at 3.30 p.m. Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.03, the said premises found locked and on making inquiry with Mr. Sandeep Sawant Security Guard, who informed that no any such person by name Mr. Mahadev Limbaji…

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