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MISC APPLICATION

Mr.Sanat M.ShettyVsMrs.Vasanti Dinesh Shetty and Ors

CNR MHCC01006444201863-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 07th October 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100030/2018
Registration Date
23 May 2018

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: 17-01-2019
    Business: plff. in person present.
    Adv. Nutan Moily for D/1 and 2 and plff. in CC 11/15 present.
    Adv. Shrivastav for D/6 and 7 present.
    Matter is adjd. to. 06.02.2019  for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Appellant present.
    Adv. Nutan Moily for respondent present.
    On request of plff. in person Matter is adjd. to. 21.02.2019 for reply to Misc Application.
    Next Purpose: REPLY
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: As court is busy in administrative work and order matter in Suit No.641/09 and 643/09 and 2896/18 Hence, board is discharged. Matter is adjd. to. 06.03.2019 for reply to Misc application.
    Next Purpose: REPLY
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Plff. in person present.
    Adv. Nutan Moily for D/1 and 2
    Adv. J.D. Singh for D/6 and 7 present.
    Rest of the defts are absent.
    On request of plff. Matter is adjd. to.25.03.2019 for hearing on N/M No.904/17.
    Next Purpose: REPLY
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Both Parties are absent. Matter is adjd. to. 18.06.2019 for filing reply and service report to be taken up along with Suit No.3406/14.
    Next Purpose: REPLY
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: PO IS ON LEAVE(SECOND HALF)
    Matter is adj to 02/12/19 for taking steps.
    Next Purpose: REPLY
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Court is busy in argument of Suit No.8409/1986.
    Adv.Nutan Moily for defendant no.2 present filed application for written objections to the plaintiff making any application for withdrawing the above suit. (Exh---)T.O.R
    Matter is adj to 22/01/2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: PO IS ON LEAVE(SECOND HALF)
    Matter is adj to 21/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Matter called out(3.14pm)
    Adv.Manan Shah h/f Ms.Archana Khan for plaintiff present.
    Adv.Nutan Moily for defendant no.1 and 2 present.
    Adv. for plaintiff tendered draft Chamber Summons alongwith affidavit.O-Leave is granted to register the Chamber Summons.
    Draft C/S handed-over to the plaintiff advocate for registration.
    Adv.for plaintiff filed application for withdrawn of suit. (Exh-13)Other side have objection.  She already filed reply on Exh-12.
    The plaintiff herein also tendered C/S in Counter claim for withdrawal of his name.
    Both application and C/S will be heard together.
    Matter is adj to 27/03/2020 for C/S reply/hearing  and N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Plaintiff and advocate absent.
    Defendant and advocate absent.
    Matter adjd to 25/03/2021 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Adv Suraj Iyer I/b Archana Khan for plaintiff present.
    K.B.
    In II Session
    None present.
    Matter adjd for N.M. hearing on 19/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for NM hearing to 12.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Court is on leave (Second Session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: None present for plaintiff.
    Advocate Devendra Yadav for defendant no.1 is present.
    Adjourned for hearing to 19.04.2022.
                                                                                            Judge
    Next Purpose: HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Advocate Suraj Iyyer for applicant/plaintiff is present.
    Advocate Nutan Moiley for respondent/defendant no.1 is present.
    Adjourned for hearing to 20.06.2022.
                                                                                            Judge
    Next Purpose: HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adjourned for CH Hearing to 04/08/2022.
    Next Purpose: HEARING
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Both parties and their counsel are absent when called.
    Matter is fixed for hearing on CS. No adjournment application on record. Hence, kept for order.
    Adjd. for order to 17/07/2023
    Next Purpose: ORDER
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    None present for plaintiff.
    Adv. Kiran Mishra present for defendant nos.01 and 02.
    Matter is adjd. for taking steps to 05.08.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None present for plaintiff.
    None present for defendant.
    K.B.
    L. O. 05.30 p.m.
    None present from plaintiff and defendant.
    Matter is adjd. for Steps to 05/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Court is on leave. Adjourned to.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    None present for plaintiff.
    Adv. Nutan Moily present for defendant no.01 and plaintiff. She submitted that she wants to withdraw the Coutner Claim no.11/2015 as the dispute is settled with defendant nos.02 to 04.
    KB
    Adv. for defendant no.01 filed application to withdraw the Counter Claim. t.o.r. Marked as Exh-14. Presence of Counter Claim is required for verification. Hence, matter is adjourned.
    Matter is adjd. for service to 07.10.2023.
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Parth Vyas h/f Adv. Archana Khan present for plaintiff.
    Plaintiff is present.
    Adv. Nutan Moilay present for defendant no.01 and plaintiff in Courter Claim no.11/2015.
    Adv. for plaintiff in Courter Claim had moved application Exh-14 on last date to withdraw the Courter Claim against all defendants therein as the dispute is settled between Counter Claimant and defendant no.02 to 04 in Courter Claim.
    Counter Claimant in person present and on personal verification, she admitted that she is withdrawing the Counter Claim unconditionally. In the application Counter Claimant is prayed to discharge the Court Receiver appointed as per order in NM no.3704/2015 and direct the court receiver to remove the seal and handover the vacant possession of suit premises to the  Counter Claimant. adv. for plaintiff has no objection to allowed application Exh-14. Plaintiff has also filed pursis for unconditional withdrawl of the suit against all defendants. t.o.r. Marked as Exh-15. Plaintiff on personal verification admitted that he unconditionally wants to withdraw the suit. Accordingly following order is passed.
    Order:
    1) Suit no.3406/2014 is withdrawn and dismissed accordingly.
    2) CC no.11/2015 is withdrawn and dismissed accordingly.
    3) As the main matters are disposed off, hence Chamber Summons no.450/2020 and MA no.30/2018 are withdrawn and dismissed accordingly.
    4) Court Receiver appointed in NM no.3704/2015 by order dtd.24.4.2018 is hereby discharged with direction to the CR to remove the seal and handover vacant possession of the suit premises to defendant no.01 i.e. Counter Claimant within three weeks.
    5) Counter Claimant shall pay the charges of CR as per rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107032/2018
    Filing Date: 23-05-2018
    Decision Date: 07th October 2023
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    07 Oct 2023

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :MISC APPLICATION/0100030/2018 Mr.Sanat M.Shetty Vs 1.Mrs.Vasanti Dinesh Shetty and Ors Date : 07-10-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv. Parth Vyas h/f Adv. Archana Khan present for plaintiff. Plaintiff is present. Adv. Nutan Moilay present for defendant no.01 and plaintiff in Courter Claim no.11/2015. Adv. for plaintiff in Courter Claim had moved application Exh-14 on last date to…

    Read Full Order
    Order 1Full order available
    07 Oct 2023

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :MISC APPLICATION/0100030/2018 Mr.Sanat M.Shetty Vs 1.Mrs.Vasanti Dinesh Shetty and Ors Date : 07-10-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv. Parth Vyas h/f Adv. Archana Khan present for plaintiff. Plaintiff is present. Adv. Nutan Moilay present for defendant no.01 and plaintiff in Courter Claim no.11/2015. Adv. for plaintiff in Courter Claim had moved application Exh-14 on last date to…

    Read Full Order

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