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NOTICE OF MOTION

Bhajan Singh And OrsVsDilip Motumal Duhilani

CNR MHCC01007245201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th November 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102644/2019
Registration Date
15 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Bhajan Singh And Ors

    Respondent

    1. 1Dilip Motumal Duhilani

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-08-2019
Business: Adv. Eknath Dhokle for Plaintiff present.
He tendered original NM No.2644/19 t.o.r.
Deft and Adv absent.
Adj for NM reply to 23.09.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv. Eknath Dhokale for plaintiff present.
Defendant present.
Adv. Sayali Apte for defendant present. She filed reply to NM 2644/19 t.o.r. Copy given to the plaintiff.
From copy of Pan card of defendant is Senior citizen. It is disclosed by counsel for parties that connected matter is transferred to  CR No. 9. However, as per office order No.138 of 2019 dtd.12.07.2019, matters of senior citizen are to be transferred to Court Room no.7.Therefore, parties are at liberty to take appropriate proceedings. Hence, adjd. for NM hearing.
Matter is adjd. for NM hearing to 14.10.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Eknath Dhokale for plaintiff present.
Adv. Sayalee Apte for defendant present.
With consent of parties matter is adjourned for Notice Motion hearing to 22.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Eknath Dhokale for plaintiff present.
Adv. Prerana Dhoke for defendant present.
As transfer application is pending, so with consent of both the parties matter is adjourned.
Adjourned to 12.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Eknath Dhoke for Plaintiff present.
Adv. Apte for Defendant present.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 20/3/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present for Plaintiff.
None present for Defendant.
It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 16/06/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv Mr. Sachin Dongre for plff present and seeks adjournment.
Adv Ms. Prerna Dhoke h/f Adv Mr. P.G. Lad for deft present.
On request of advocate for plff matter is adjd. for hearing on NM No.2644/2019 to 11.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: None present for plff.
Adv Ms. Dhoke h/f Adv Mr. Lad for deft present.
As nobody is present for plff, NM No.2644/2019 of the plff be kept for dismissal order.
Matter is adjd. to NM dismissal to 26.04.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-06-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-09-2021

Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-10-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr. Dhokle present for plff.
Adv Ms. R.R. Pawar h/f Adv Lad for deft. present and seeks adjournment by submitting that her senior is not available today.
By consent, matter is adjd. for NM hearing to 16.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv Mr. Dhokle present for plff.
Adv Ms. Sayli Apte @ Adv R R Pawar present for deft.
Heard arguments in NM No.2644/2019.
Prayer is made in the said NM to recall order dt.12.09.2018 and 08.03.2019 passed about appointment of Court Commissioner for recording cross examination of PW-1. Ld. Advocate for the deft though submitted that commissioner is appointed at the instance of plff himself, she submitted tot the order of the Court. Since ld. Adv for the plff submitted that PW-1 is now ready and in a position to attend the Court for facing cross examination, the prayer made in this NM in terms of prayer clause ‘a” is accepted. Thus NM No. 2644/2019 is allowed in terms of prayer clause “a”.  Plff to keep PW-1 present on next date for facing cross examination.
Matter is adjd. for cross examination to 22.12.2021 (morning session)
Nature Of Disposal: ALLOWED
Disposal Date: 16-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107759/2019
Filing Date: 15-07-2019
First Hearing Date: 14th August 2019
Decision Date: 16th November 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Nov 2021
    Order Details: Other
Pdf Text: 16/11/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
34 CA.
SU 7581/04
Adv Mr. Dhokle present for plff.
Adv Ms. Sayli Apte @ Adv R R Pawar present for deft.
Heard arguments in NM No.2644/2019.
Prayer is made in the said NM to recall order dt.12.09.2018
and 08.03.2019 passed about appointment of Court
Commissioner for recording cross examination of PW-1. Ld.
Advocate for the deft though submitted that commissioner is
appointed at the instance of plff himself, she submitted tot the
order of the Court. Since ld. Adv for the plff submitted that
PW-1 is now ready and in a position to attend the Court for
facing cross examination, the prayer made in this NM in terms
of prayer clause ‘a” is accepted. Thus NM No. 2644/2019 is
allowed in terms of prayer clause “a”. Plff to keep PW-1
present on next date for facing cross examination.
Matter is adjd. for cross examination to 22.12.2021 (morning
session)
Judge
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