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NOTICE OF MOTION

Suryakant Deoba More +1 moreVsMr. Atul Suryakant More +1 more

CNR MHCC01007459201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 21st November 2022

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102304/2018
Registration Date
22 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Adv. Kakade for plff. present.
    deft. and his adv. absent.
    Adv. for plff. tendered registered N/M No. 2304/18 alongwith affd.
    Matter is adjd. to. 17.01.2019 for reply to N/M No. 2304/18 and tendering of registered N/M No. 4545/18 by the deft and also report of service thereof / reply to plff. on defts N/M No. 4545/18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Adv. for plff. present.
    D/1 and 2 are absent.
    As D/2 has failed to tender the registered N/M No.4545/17 is dismissed in default and accordingly it stands disposed of.
    Matter is adjd. to. 25.03.2019 for hearing on N/M No. 2304/18 taken out by  plff.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    D/2 is absent.
    The Ld. adv. for plff. submits that the N/M No.2304/18 is in respect of alleged contempt and evidence will have to recorded and therefore it may be heard and decided along with the suit. In view of this the N/M No.2304/18 shall be heard and decided with the suit. the Matter is adjd. to. 26.06.2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: None present for Plaintiff.
    Advocate Mr. Inamdar Shinde for Defendant present
    Court is busy in hearing arguments in respect of Exh.73 in suit no.320/73 as well as court has to dictate Judgment in suit no.3522/12, hence case is adjourned to 09/08/2019.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Advocate Mr. Inamdar Shinde for Plaintiff present and filed draft issues, t.o.r.
    None present for Defendant.
    Case is adjourned to 03/10/2019 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: PO is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Plaintiff present. Advocate S. D. Inamdar for Plaintiff present
    None present for Defendant.
    Court is busy in hearing final arguments in HC expedited suit no.6714/06, hence case is adjourned to 22/04/2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-05-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: Due to Covid 19 pandemic matters are adjourned as per order.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-06-2020
    
    Date: 13-05-2020
    Business: Due to Covid 19 pandemic matters are adjourned as per order.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 08/01/2021 for Draft issues..
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    Notice of Motion No. 2304/2018 is ordered to be decided with suit as per the order passed previously.
    Court is busy in other matters hence, matter is adjd. for filing draft issues to 06.04.2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: None present for both the parties.
    Considering the present Pandemic Condition, matter adjourned at same stage beyond Summer vacation.
    Adjourned for draft issues to 25.06.2021.
    Judge
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-08-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-10-2021
    
    Date: 25-08-2021
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-12-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on Leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-02-2022
    
    Date: 20-12-2021
    Business: Court is on Leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: None present for both parties.
    K.B.
    L.O. at 4.40 p.m.
    None present for both parties.
    Issues framed at Exh.11.
    Matter is adjd. for evidence to 02.05.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: None present for plff.
    None present for deft.
    Todays is the first date for evidence of the plff after framing of issues hence, as nobody is present for both parties, matter is adjd. at same stage till next date.
    Matter is adjd. for evidence of plff to 14.07.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None present for both sides when called.
    Plaintiff absent. No steps taken. Keep for orders.
    Matter adjd to 13/09/2022 for orders
    Next Purpose: ORDER
    Next Hearing Date: 13-09-2022
    
    Date: 14-07-2022
    Business: None present for both sides when called.
    Plaintiff absent. No steps taken. Keep for orders.
    Matter adjd to 13/09/2022 for orders
    Next Purpose: ORDER
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None present for both sides.
    KB for orders.
    LO at 11.30 am
    None present for both sides.
    KB for orders.
    LO at 01.20 pm
    Plaintiff Suryakant More present. His Adv. is absent. He orally requested for adjournment. The plaintiff failed to adduce evidence since 02.05.2022. Last chance granted.
    Matter adjd to 21.11.2022 for order against the plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 21-11-2022
    
    Date: 13-09-2022
    Business: None present for both sides.
    KB for orders.
    LO at 11.30 am
    None present for both sides.
    KB for orders.
    LO at 01.20 pm
    Plaintiff Suryakant More present. His Adv. is absent. He orally requested for adjournment. The plaintiff failed to adduce evidence since 02.05.2022. Last chance granted.
    Matter adjd to 21.11.2022 for order against the plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Plaintiff No.1-Suryakant, plaintiff No.2-Nirmala a/w. their Adv.Nagma Shaikh h/f.Adv.Sandesh Inamdar-Shinde for plaintiffs present.
    None present for deft.
    The plaintiffs filed application for withdrawal of the suit a/w. copy of judgment and decree in Family Court Petition No.A-2670/2016. TOR and marked as Exh.11 (colly.). Defendants are absent for any submission from their part.
    Heard the Ld.Adv.for the plaintiff and plaintiff No.1 and 2. The plaintiffs submit that in view of judgment in Family Court Petition No.A-2670/2016 they want to withdraw this suit unconditionally. Hence, following order is passed below Exh.11 (colly.).
    ORDER BELOW EXH.11 (colly.)
    1. The application is allowed.
    2. The plaintiffs are allowed to withdraw this suit unconditionally.
    3. I proceed to pass order below Exh.1.
    ORDER BELOW EXH.1
    Read the application, Exh.11 (colly.) and today\''s order passed thereon. The plaintiffs want to withdraw this suit unconditionally. In view of order below Exh.11 (colly.), the plaintiffs are allowed to withdraw this suit unconditionally. Hence, I pass the following order.
    ORDER
    1. Suit is dismissed as withdrawn unconditionally.
    2. Parties to bear their own costs.
    3. The plaintiffs are entitled for refund of Court fees as per rules.
    ORDER IN NM NO.2304/2018
    Read the application, Exh.11 (colly.) and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Therefore, I passed the following order.
    ORDER
    1. Notice of Motion No.2304/2018 is dismissed.
    2. Parties to bear their own costs.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 21-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108205/2018
    Filing Date: 22-06-2018
    First Hearing Date: 03rd July 2018
    Decision Date: 21st November 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    21 Nov 2022

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102304/2018 1. Suryakant Deoba More 2. Nirmala Suryakant More Vs 1. Mr. Atul Suryakant More 2. Mrs. Amrapali Atul More Date : 21-11-2022 Business : Plaintiff No.1-Suryakant, plaintiff No.2-Nirmala a/w. their Adv.Nagma Shaikh h/f.Adv.Sandesh Inamdar-Shinde for plaintiffs present. None present for deft. The plaintiffs filed application for withdrawal of the suit a/w. copy of judgment and decree in Family Court…

    Read Full Order
    Order 1Full order available
    21 Nov 2022

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102304/2018 1. Suryakant Deoba More 2. Nirmala Suryakant More Vs 1. Mr. Atul Suryakant More 2. Mrs. Amrapali Atul More Date : 21-11-2022 Business : Plaintiff No.1-Suryakant, plaintiff No.2-Nirmala a/w. their Adv.Nagma Shaikh h/f.Adv.Sandesh Inamdar-Shinde for plaintiffs present. None present for deft. The plaintiffs filed application for withdrawal of the suit a/w. copy of judgment and decree in Family Court…

    Read Full Order

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