NOTICE OF MOTION
Mr. Yashwant Dattaram GangawaneVsMrs. Kamla Gorge Thapa
CNR MHCC0100646220192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 29th February 2024
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102342/2019
- Registration Date
- 27 Jun 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 01-08-2019
Business: Adv. Mukesh Dubey for Plaintiff present.
He tendered original NM No.2342/19 t.o.r.
Defendant present. Adv absent.
Adj as a last chance for NM reply to 07.09.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Adv. Mukesh Dubey for Plaintiff present.
Defendant present his advocate absent.
Advocate for Plaintiff insisted to grant ad-interim relief and when qury was made about document showing prima-faci possession he sought time to file document. Therefore matter is adjourned for reply.
Adjd for Reply to 07/10/2019.
Next Purpose: REPLY
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Plaintiff present.
None for defendant.
Defendant fail to file reply therefore, Notice of motion 2342/19 is to proceed without reply against defendant.
Adjd to 2.11.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Pankaj Waghmare for defendant.
Plaintiff and defendant present.
Ex 2 Adv. for defendant filed V/N.
On request of advocate for defendant matter is adjourned for NM hearing to 20.11.2019.
Next Purpose: HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Plaintiff present.
Adv. Pankaj Waghmare for defendant present.
Advocate for defendant sought time to take appropriate proceeding.
Adjourned for NM hearing to 05.12.2019
Next Purpose: HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: None present for plaintiff.
Adv. Pankaj Waghmare for defendant present.
He tendered draft NM t.o.r.
O- Leave granted to register it.
Copy be served upon other side.
KB
LO
Plaintiff present.
Defendant present.
Copy of draft NM is given to the plaintiff.
Adjourned for NM reply to 7.01.2020
Next Purpose: REPLY
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mukesh Dubey for plaintiff present.
Plaintiff present.
Defendant present and tendered registered NM No.4807/2019.
Say filed by advocate for plaintiff to notice of motion.
Heard advocate for plaintiff.
KB
LO
Adv. Pankaj Waghmare for defendant present.
Heard advocate for defendant on NM 4807 of 2019.
KB
LO
Order passed below Notice of Motion No.4807 of 2019
Perused Notice of motion, affidavit in support of it, reply of plaintiff and Roznama in the present suit. Heard respective counsel for parties.
Present Notice of motion is taken out by the defendant for condoning delay caused in filing reply and written statement by her and to set aside impugned order dated 07.10.2019 and to take her written statement and reply on record.
It is the contention of defendant that because of poor financial condition she has not engaged Advocate in the present matter and unable to understand nature of suit filed by the plaintiff. However, she regularly attended the Court in present matter. On 07.10.2019, this Court has passed order of no reply in relation to Notice of Motion No.2342 of 2019 against the defendant. It is contended that due to unavoidable circumstances she could not file her written statement and reply in prescribed time. She has good defence in present suit and if her written statement and reply are taken on record then no prejudice would be caused to the plaintiff. On the other hand if reply and written statement are not taken on record then defendant will suffer irreparable loss. Accordingly, she prayed in above terms.
Plaintiff filed reply on Notice of Motion itself and strongly objected to Notice of motion on the count that period of delay in taking out Notice of motion is not mentioned and prayed to dismiss Notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
On perusal of Roznama, it is apparent that initially plaintiff appeared in person in present matter and he has engaged Advocate for the first time on 02.11.2019 i.e. after passing of impugned order dated 07.10.2019 whereby Notice of Motion No.2342 of 2019 has been proceeded without reply of defendant. In above circumstances, possibility could not be ruled out that she could not understand about the various stages in present proceeding and consequences of her failure to give reply in relation to the proceeding taken out against her. In the facts of matter delay caused cannot be said to be intentional and deliberate. In the interest of justice and fair trial, it is not just to deprive defendant from contesting the matter on merits. Therefore, I am inclined to allow present Notice of motion subject to imposing certain costs upon defendant keeping in view her conduct. Hence, pass following order.
ORDER
1. Notice of Motion No.4807 of 2019 is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/-(Rupees One Thousand Only) to the plaintiff within period of two weeks from the date of this order.
Defendant is at liberty to deposit the costs payable to plaintiff in the Court.
2. On payment of costs, written statement and reply of defendant be taken on record and marked exhibit.
3. Accordingly, notice of motion is disposed off.
Adjourned for direction to 31.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Adv. S.K. Dubey for plaintiff present.
Defendant present.
Adv. Pankaj Waghmare for defendant present.
Copy of written statement is supplied to advocate for plaintiff by the defendant.
Adjourned for rejoinder and NM hearing to 24.02.2020
Next Purpose: REJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv Mukesh Dube for plff present.
He submitted that he do not want to file rejoinder.
He seeks time for NM hearing. Granted.
Matter stands Adj for NM hearing to 17/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
Matter stands Adj for NM Hearing to 22.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 17-03-2020
Business: None present.
Matter stands Adj for NM Hearing to 22.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present.
Matter stands Adj for NM Hearing to 27/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present.
Matter stands Adj for NM Hearing to 05/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: As Court is on leave matter adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 05-03-2021
Business: As Court is on leave matter adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Due to covid matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021
Date: 19-04-2021
Business: Due to covid matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Both parties and their Adv absent.
Matter stands Adj for NM Hearing to 08/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv Mukesh Dube for plff present.
He seeks time for NM Hearing. Granted as last chance, in default for dismissal of NM.
None for deft.
Matter stands Adj for NM Hearing to 24/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plff.
Last chance was granted to the plff for hearing on NM.
Hence matter stands Adj for NM Dismissal to 28/01/2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: By Precipe
Adv M. I. Yadav appeared for applicants.
Exh 04 - He filed VP for applicants in draft CS. t.o.r.
He also tendered draft CS for adding them as proposed defts. Copy be served on both parties.
Matter already Adj to 28/01/2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Due to Covid-19 matter is adjd to
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. M. R. Yadav for applicant present.
Leave to register the draft NM Granted.
He is directed to file affidavit of service on the plaintiff and defendant.
Matter stands Adj for affidavit of service to 30/04/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: None for plff and deft.
Adv M. R. Yadav for applicant in CS 390/2022 present.
P. O. is busy in dictating Judgment in SU 7780/1998.
Hence matter stands Adj for Affidavit of Service 29/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Both parties and their advocate are absent.
Matter is adjd for affidavit of service to 17/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. M. R. Yadav for applicant in ch/s no. 390/2022 present.
He seek time to file affidavit of service. Time granted.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 03/10/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. M. R. Yadav for applicant in ch/s no. 390/2022 present.
He seek time to file affidavit of service. Time granted.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 14/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Adv. M. R. Yadav applicant in ch/s no. 390 of 2022 present. He seek time to file affidavit of service.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 21/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Both parties and their advocate are absent.
Matter adjourned for affidavit of service to 24/03/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned for affidavit of service to 12/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 27.07.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2023
Date: 12-06-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 27.07.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2023
Date: 12-06-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 27.07.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Both parties and advocate absent.
O- Granted as last chance to plaintiff.
Matter adjourned for affidavit of service on 19.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2023
Date: 27-07-2023
Business: Both parties and advocate absent.
O- Granted as last chance to plaintiff.
Matter adjourned for affidavit of service on 19.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2023
Date: 27-07-2023
Business: Both parties and advocate absent.
O- Granted as last chance to plaintiff.
Matter adjourned for affidavit of service on 19.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 20.09.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2023
Date: 19-08-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 20.09.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2023
Date: 19-08-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 20.09.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 21.11.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2023
Date: 20-09-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 21.11.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit of service on 13.12.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit for service on 29/01/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2024
Date: 13-12-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit for service on 29/01/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2024
Date: 13-12-2023
Business: Both parties and advocate absent.
Matter adjourned for affidavit for service on 29/01/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: P. O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-02-2024
Date: 29-01-2024
Business: P. O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-02-2024
Date: 29-01-2024
Business: P. O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-12-2024
Date: 29-02-2024
Business: Both parties absent.
Plaintiff and advocate absent since long NM 2342/19 is for hearing. As plaintiff remain absent NM 2342/19 stands dismissed for default.
Plaintiff is directed to tender register chamber summons.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-02-2024Additional Case Details
Additional Case Details
Filing Number: 106979/2019 Filing Date: 27-06-2019 First Hearing Date: 01st August 2019 Decision Date: 29th February 2024 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
1Final Order 129 Feb 2024
29 Feb 2024
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102342/2019 Mr. Yashwant Dattaram Gangawane Vs Mrs. Kamla Gorge Thapa Date : 29-02-2024 Business : Both parties absent. Plaintiff and advocate absent since long NM 2342/19 is for hearing. As plaintiff remain absent NM 2342/19 stands dismissed for default. Plaintiff is directed to tender register chamber summons. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 29-02-2024 COURT 02 ADDL SESSIONS JUDGE -- 1 of 1 --
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