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NOTICE OF MOTION

Abhijeet Vijay SawantVsSandeep Vijay Sawant

CNR MHCC0100641120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 22nd September 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102316/2019
Registration Date
26 Jun 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: 09-08-2019
    Business: Adv. Anisha Futane for plaintiff present and filed original Writ of summons and original NM no.  2316/19 along with affidavit.
    Adv. Chetana Karande for defendant present and filed VP and seeks time to file reply to NM no.2316/19.
    Vakalatnama on behalf of defendant.
    Heard both sides. Ld. counsel for plaintiff prayed for passing of interim order that the defendant should not create third party interst in the suit property. Ld. counsel for defendant submitted that there is no question of creating third party interest in suit property as defendant and his family residing there. The above statement taken on record.
    Matter stands Adj for reply to NM no. 2316/19 to 07.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: the court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: P. O. have went to attend Judicial conference to Nashik. Hence, Board is discharged.
    Matter stands Adj for Reply to 03.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Adv. Anisha Phutane for plaintiff present.
    None present for defendant.
    Reply to NM is not filed. Hence, NM to proceed for hearing  without reply on next date.
    Matter stands Adj for NM hearing to 14.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Matter stands Adj for Taking steps by deft to  17.02.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Anisha Bendre for plaintiff present.
    Adv. Neha Rane for defendant present and filed application for setting aside no reply order. Copy served on other side.
    Application filed on behalf of defendant for setting aside no reply order. O-other side to say.
    Matter stands Adj for filing say and hearing on Nm to 16.03.2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv. Anisha Bendre for plaintiff present
    Adv. Akansha Raut for defendant present.
    Court is busy in dictating order in suit no. 3842/13.
    Matter stands Adj for filing say to 08.06.2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Advocate Rohan Shah h/f adv. Suryawanshi for plaintiff present and tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o 28.01.2021.
    He also filed vakalatnama. TOR and marked as Exh.4
    O- Filed.
    He undertakes to serve the Ch/s on the defendant.
    The case is adjourned to 28.01.2021 for reply to Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None for Plaintiff.
    Advocate Ms. Aayushi Sohoni h/f adv. Rajiv Sawant for defendant present.
    The case is adjourned to 06.03.2021 for NM and Ch/s hearing.
    LO at 03.45pm
    Advocate S.M.Suryawanshi for plaintiff present and tendered registered Chamber Summons No.165/21  along with affidavit in support of Chamber Summons. T.O.R.
    Already the case is adjourned to 06.03.2021 for NM and Ch/s hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: As the Court is busy in dictating NM orders in SU No. 1391/20,1179/15, hearing in SU No. 1005/18 and Kachha Commercial 23/21 hence afternoon session board is discharged.
    The case is adjourned to 23.04.2021 for Ch/s hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Matter called out at 03.58 p.m.
    None present for plaintiff.
    Adv. Aishwarya Thorat Reg. No. MAH/9708/2019 for defendant present. She informed that her senior is in personal difficulty.
    Matter stands adjourned to 08.11.2021 for CS hearing.
    Later on at 4.35 p.m.
    Adv. S. M. Suryawanshi for plaintiff present.
    Matter already adjourned to 08.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Matter called out at 5.22 p.m.
    Adv. Shraddha Jadhav h/f S. M. Suryavanshi plaintiff present.
    Adv. Dhanashree Hublikar I/b YMK Legal made a statement that she is going to file memo of appearance for defendant. She is seeking time. Time granted.
    Matter stands adjourned to 21.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Matter called out at 3.42 p.m.
    Adv. Shraddha Jadhav h/f S. M. Suryawanshi for applicant present. She tendered reg. CS No.165/21 alongwith affidavit in support. TOR.
    Adv. Dhanashree Hublikar I/b YMK Legal tendered VP on behalf of Defendant. TOR. Exh. 5.
    Heard both sides on CS No.165/21.
    It appears that application is filed within limitation. Looking to the nature of suit, right to sue survive.  Hence, it is necessary to bring the LRs of deceased plaintiff on record.
    Applicants to carry out necessary amendment and serve the  copy of amended plaint.
    CS is disposed of accordingly.
    Matter stands adjourned to 05.02.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: The court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Matter called out at 3.47 p.m.
    Adv. Shraddha Jadhav h/f Adv. S. M. Suryawanshi for plaintiff present. She tendered amended plaint.
    Copy supplied to the other side.
    Adv. Dhanashree Hublikar for defendant present. She is seeking time to file reply. Time granted.
    Matter stands adjourned to 08.06.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Shraddha Jadhav for plaintiff present.
    Adv. Dhanashree Hublikar for defendant present.
    By consent, matter stands adjourned to 25.07.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Chandrakant Sharma h/f Adv. Suryawanshi for plaintiff present.
    Adv. Dhanashree Hublikar for defendant present.
    By consent, matter stands adjourned to 22.09.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. S. M. Suryavanshi for plaintiff present.  He tendered affidavit of service. TOR. Exh.06.
    K.B.
    Later on mentioned at 3.26 p.m.
    Adv. S. M. Suryavanshi for plaintiff present.
    Adv. Dhanashree Hublikar for defendant present.
    K.B.
    Later on at 4.02 p.m.
    Adv. S. M. Suryavanshi for plaintiff present.
    Adv. Dhanashree Hublikar for defendant present.
    He pointed out that as per roznama dated 09.08.2019, the defendant has made statement that no third party interest will be created and that statement was taken on record. Now it is submitted by the plaintiff that he do not want to press other reliefs claimed in the NM and want to proceed further.
    Considering the submissions of the plaintiff and the statement made by advocate of defendant as per roznama dated 09.08.2019, I proceed to pass the following order.
    Defendant shall abide by the statement made as per roznama dated 09.08.2019 till pendency of the suit.
    The other reliefs in the motion will be considered at the time of final adjudication of suit.
    NM No.2316/2019 stands disposed of accordingly.
    Defendant has appeared in 2019, but did not file WS. Hence, put up for hearing without WS.
    Matter stands adjourned to 14.11.2022 for hearing without WS.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 22-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106870/2019
    Filing Date: 26-06-2019
    First Hearing Date: 09th August 2019
    Decision Date: 22nd September 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Sept 2022

    Order Details: Other Pdf Text: 22.09.2022 SU 1019/19 Exh.06 NM 2316/19 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (C.R.03) Adv. S. M. Suryavanshi for plaintiff present. He tendered affidavit of service. TOR. Exh.06. K.B. Later on mentioned at 3.26 p.m. Adv. S. M. Suryavanshi for plaintiff present. Adv. Dhanashree Hublikar for defendant present. K.B. Later on at 4.02 p.m. Adv. S. M. Suryavanshi for plaintiff present. Adv. Dhanashree Hublikar for defendant present. He pointed out that as per roznama…

    Read Full Order

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