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NOTICE OF MOTION

Mrs.Sugandha Tukaram Kamble +2 moreVsMrs.J.N.Joshi +1 more

CNR MHCC01006053201929-COURT 29 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th March 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102185/2019
Registration Date
19 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-08-2019
Business: Matter called out (4.26pm)
Plaintiff and his advocate absent.
Adv.Trupti Khadse for defendant no.1 present.
Defendant tendered original N/M with evidence on affidavit. T.O.R.
Matter adj for reply on N/M No.2185/19 on 13/09/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Matter called out(3.50pm)
Adv.Nitin Parkhe for plaintiff present.
Adv.Ashwin Shete for defendant no.1 present.
Plaintiff seeking time filed reply on N/M No.2185/19. Time grated.
Plaintiff to serve the copy of reply N/M in advance so that on next date matter can be heard.
Matter adj for reply and hearing on N/M No.2185/19 15/10/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Matter called out at 3.54 p.m.
Adv Mr. Nitin Parkhe for plff. present.
Adv Mr. Prasad Sawant for respondent no. 1 present.
Plff. seeking time to file reply. Time granted by way of last chance.
Matter is adj for replyon  10.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Court is busy in recording of final argument of Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
Adv.Divya Tyagi i/b Jayakar and Partners on behalf of the applicant/original defendant no.1 present.
Matter is adj to 03/02/2020 for N/M reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Matter is called out at 4.04pm
Adv.Nitin Parkhe for plaintiff present.
Advocate for defendant present.
Plaintiff filed reply on N/M. T.O.R
Copy supplied to the other side.
Matter is adj to 24/03/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: None present for plaintiff.
Adv Dweep Shah for defendant present. He requested for adjournment as Sr. Advocate is not present today.
Matter adjd to 09/04/2021 for N.M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Plaintiff and adv. absent.
Adv.Parekh for defendant no.1 present.
Matter adj for NM hearing on 06.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: CORAM  H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
None present for plaintiff.
None present for defendant.
Adjourned for  NM hearing to 06.10.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Court is on half day leave(second half)
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adjourned NM for Hearing to 19/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Isha Bafna present for defendant no.01.
Matter is adjd. for NM hearing to 06.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Court is on leave. Adjd. to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Isha Bafna I/b Jaykar and Partners present for defendant no.01 and sought time to argue Notice of Motion.
Matter is for Notice of Motion hearing.
Matter is adjd. for NM hearing to 05.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Isha Bafna i/b Adv. Jaykar and Partners present for defendant no.01 and sought adjournment to argue Notice of Motion. plaintiff filed reply to Notice of Motion in February-2020. Notice of Motion is taken for condoning delay of 03 years and it is crop-up for hearing since last 03 years. Adjournment is sought on the ground that advocate is in personal difficulty. The reason is not satisfactory. Hence prayer is rejected Notice of Motion is keep for order of dismissal on next date.
Matter is adjd. for NM dismissal to 24.11.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Isha Bafna present for defendant no.01.
Heard argument of adv. for defendant no.01.
Adv. for plaintiff is absent for argument. Matter is adjourned for order on Notice of Motion.
Matter is adjd. for NM order to 12.12.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Isha Bafna i/b Jaykar and Partners present for defendant no.01.
Adv. for plaintiff is absent to argue Notice of Motion. hence, matter is adjourned for order on Notice of Motion.
Matter is adjd. for NM order to 02.01.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: None for Plaintiff present.
Adv. Isha Bafna for defendant No.1 present.
Matter stands adjourned on 26.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: (Matter received from C.R.65)
Advocate for plaintiff is absent.
Plaintiff No.5 is present.
None present for Defendant.
Matter adjourned to 15.03.2024 for N.M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: None present from Plaintiff .
None present from defendant.
Matter stands adjourned on 26.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: None present from Plaintiff .
None present from defendant.
Record shows that on last date also advocate for plaintiff and defendant were absent. As per roznama dtd.24.11.2023, argument of defendant no.1 on NM 2185/2019 was heard. Advocate for plaintiff absent since 24.11.2023 and fail to argue on Notice of motion. Hence matter is adjourned for order on notice of motion on next date.
Matter stands adjourned on 30.03.2024 for NM order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: None present from Plaintiff.
Advocate Nidhi Salgaonkar for Defendant No.1 is present.
For the reasons separately recorded, following order is passed -
ORDER
1. Notice of Motion No.2185 of 2019 is allowed in terms of prayer clause (a) and (b).
2. No written statement order dated 04.05.2016 is hereby set aside and delay of 3 years, 8 months and 22 days caused to defendant No.1 to file written statement is hereby condoned subject to cost of Rs. 5000/- payable to plaintiff.
3. After payment of cost or deposit in the court within 15 days, written statement already filed with draft notice of motion be taken on record by marking exhibit to it.
4. Notice of Motion No.2185 of 2019 disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 30-03-2024

Additional Case Details

Additional Case Details
Filing Number: 106529/2019
Filing Date: 19-06-2019
First Hearing Date: 13th August 2019
Decision Date: 30th March 2024
Court Number And Judge: 29-COURT 29 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Mar 2024

Order Details: Notice of Motion Pdf Text: NM 2185/2019 in Suit 1510/2015. 1 MHCC010053892015 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2185 OF 2019 IN S.C. SUIT NO. 1510 OF 2015 1. Mrs. Sugandha Tukaram Kamble 2. Mrs. Vaishali Hemant Lokhande 3. Mrs. Purnima Allwyn Dmello 4. Mrs. Ashit Tukaram Kamble 5. Mrs. Archan Milind Darole …. Plaintiffs V/s. 1. Mrs. J. N. Joshi 2. Mr. Samit Tukaram Kamble ….. Defendants CORAM : HIS HONOUR…

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