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NOTICE OF MOTION

Vidyahar Vishwambharnath TiwariVsBrijnath Jadamba Pandey - Applicant - Haridaynarayan Brijnath Pandey

CNR MHCC01007241201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102636/2019
Registration Date
15 Jul 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 08-08-2019
Business: P.O. is on training. Matter is adjd
Next Purpose: N/M FOR SET ASIDE
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Adv. Mr. Mishra for Plaintiff present.
Adv. Mr. Ganesh Lambade for defendant present and filed original N.M. 2636/19 @ affidavit in support and he also filed affidavit of service. are T.O.R.
Copy of N.M. served today on Plaintiff.
Matter adjd for reply on N.M. 2636/19 to 07/11/2019
Next Purpose: REPLY
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv.Ganesh Lambade for applicant present.
KB
L.O.at pm 12.00pm
Adv. R.B.Mishra for plaintiff present, he filed affidavit and reply in NM 2636/19. Copy is served to other side.
Matter adj for Rejoinder to 05.12.2019.
Next Purpose: REJOINDER
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: P.O. is on Training, Board is discharged..
Next Purpose: REJOINDER
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Adv. Ganesh Lambade for applicant present.
Adv. Vijay Mishra for plaintiff present.
Adv. for defendant absent.
Adv. for applicant requested time for taking appropriate steps of moving Ch/s for amendment. Granted.
Matter adj for N/M Hearing to 27/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 18.04.2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 20.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: P.O. is on leave.
Matter is adjd to 21.04.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 15/07/2021 for N/M Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 17.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: None present.
Matter is ajdj to.14.02.2022 for NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv R. V Mishra for plaintiff present.
Adv Ganesh Lambadia for defendant applicant present.
Matter is adjd for NM hearing  on 08-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: P.O. is on training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Adv. R. V. Mishra h/f Adv. Mr. Vijay Mishra for the plff present.
None for defendant.
Matter is adjd. to 27.07.2022 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Mr. Mishra for Plaintiff present.
Adv. Mr. Ganesh Lambade for Defendant/Applicant present.
Ld. advocate for Defendant submits that during pendency of present NM, the sole legal heir of deceased Defendant is expired and therefore he needs to take out Chamber Summons to bring legal heirs of deceased legal heir of deceased Defendant.  In view of his submission time granted.
Matter adjourned to 17/10/2022 for Taking Steps by Defendant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv.Ravinshankar Mishra h/f Adv.Vijay Mishra for plaintiff present.
Adv. for defendant present.
At the request of advocate for applicant(LRS of JD),  matter is adj to 22/12/2022 for proper taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: None for applicant.
Adv. Amin Patel h/f Adv V.B. Mishra for plaintiff/ respondent present.
It is reported that the applicant in Notice of Motion is expired. In view of the same, if the applicant wish to proceed with the Notice of Motion, he shall take proper steps in that regard, else the proceedings would be dismissed as abated.
Matter is adjd. To 18/02/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Adv.Ravishankar Mishra h/f Adv.Vijay Mishra for original plaintiff is present.
None for defendant/applicant.
The N/M No.2636/19 is taken out by a Legal Representative namely Haridayanarayan Brijnath Pandey for setting aside ex-parte decree dated 09/07/2014.
       The Ld.Adv. for applicant intimated this court on 27/07/2022 about death of sole legal representative of deceased defendant.  As such applicant was required to take steps for bringing on record LR of Haridayanarayan Brijnath Pandey.   However, since 27/07/2022, no steps are taken by the applicant.  This court by order dated 22/12/2022 had granted a last chance to the applicant to take proper steps, else suit N/M would stand dismissed as abated.
         Despite repeated orders applicant failed to take proper steps. The situation thus arises that now defendant is dead, his sole LR\''s who took out N/M is also expired.  Therefore, obviously the present N/M would not survive.  Hence, N/M No.2636/19 is hereby dismissed in default.
Nature Of Disposal: DISMISSED
Disposal Date: 18-02-2023

Additional Case Details

Additional Case Details
Filing Number: 107771/2019
Filing Date: 15-07-2019
First Hearing Date: 08th August 2019
Decision Date: 18th February 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
18 Feb 2023

Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102636/2019 Vidyahar Vishwambharnath Tiwari Vs Brijnath Jadamba Pandey Applicant Haridaynarayan Brijnath Pandey Date : 18022023 Business : Adv.Ravishankar Mishra h/f Adv.Vijay Mishra for original plaintiff is present. None for defendant/applicant. The N/M No.2636/19 is taken out by a Legal Representative namely Haridayanarayan Brijnath Pandey for setting aside exparte decree dated 09/07/2014. The Ld.Adv. for applicant intimated this court on…

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