NOTICE OF MOTION
Smt. Shailaja Padmanabha PillaiVsMr. S. Bhargavan Pillai
CNR MHCC0100762620181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 10th April 2023
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102353/2018
- Registration Date
- 27 Jun 2018
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: 27-06-2018 Reason For Adjournment: court time is over Next Purpose: SERVICE Next Hearing Date: 12-09-2018 Date: 12-09-2018 Business: Matter is adjd. to 10.10.18. for report of service of N.M and writ of summons. Next Purpose: SERVICE Next Hearing Date: 10-10-2018 Date: 10-10-2018 Business: Adv. for plff present. deft. and his adv. absent. Adv. for plff. filed registered N/M No.2353/18 along with affd. t.o.r Service affd. filed by adv. for plff. t.o.r. The said report shows that the D/2 as refused to accept the writ of summons and N/M. Hence the D/2 deemed to have been served. D/2 has failed to appear. hence, the proceeded exparte against D/2. On the request of plff. substitute about pasting of writ of summons and N/M on D/1 is allowed if, the bailiff finds that nobody is present to accept the service. Matter is adjd. to. 11.01.2019 for report of service of D/1. E.O. to continue till next date. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 11-01-2019 Date: 11-01-2019 Business: Adv. Ayush Sharma for plff. present. deft. and his adv. absent. On request of Adv. for plff. Time is extended for service of writ of summons and N/M as directed earlier. Matter is adjd. to. 28.01.2019 for report of service of D/1 and hearing on N/M No.2353/18. E.O. to continue till next date. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 28-01-2019 Date: 28-01-2019 Business: (In charge of C.R. NO.4 ) Adv. Desai for plaintiff present. The earlier order to continue till next date. Matter adj to 01.03.2019. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 01-03-2019 Date: 01-03-2019 Business: Adv. Rohan for plff. present. deft. and his adv. absent. As court is busy in administrative work and RTI Application 06/19. Matter is adjd. to. 22.03.2019 for report of service of D/1 and hearing on N/M No.2353/18 E.O. to continue till next date. Next Purpose: SERVICE Next Hearing Date: 22-03-2019 Date: 22-03-2019 Business: Matter is adjd. to 01.07.2019 for Report of Service on D-1. Next Purpose: SERVICE Next Hearing Date: 01-07-2019 Date: 01-07-2019 Business: court is vacant. Next Purpose: SERVICE Next Hearing Date: 21-08-2019 Date: 21-08-2019 Business: court is vacant Next Purpose: SERVICE Next Hearing Date: 05-10-2019 Date: 05-10-2019 Business: Court is vacant, hence board is discharge. Next Purpose: SERVICE Next Hearing Date: 13-12-2019 Date: 13-12-2019 Business: Court is vacant, hence board is discharge. Next Purpose: SERVICE Next Hearing Date: 14-12-2019 Date: 14-12-2019 Date: 31-01-2020 Business: None for plaintiff. None for defendants. Plaintiff has not taken steps to serve writ of summons to the defendant. Hence, kept for dismissal on next date. LO Adv. Hardik Desai for plaintiff present. Upon oral request of Ld. adv. for plaintiff time extended till next date for service of writ of summons through pasting. Earlier order, if any, to continue till next date. Adjd to 17-03-2020 for Service/dismissal. Next Purpose: SERVICE Next Hearing Date: 17-03-2020 Date: 17-03-2020 Reason For Adjournment: court time is over Next Purpose: SERVICE Next Hearing Date: 15-06-2020 Date: 15-06-2020 Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned. Next Purpose: SERVICE Next Hearing Date: 21-09-2020 Date: 21-09-2020 Business: Both the parties are absent. Due to Covid-19, the matter is adjourned for affidavit of service to 02.12.2020. Next Purpose: SERVICE Next Hearing Date: 02-12-2020 Date: 02-12-2020 Business: Adv. Hardik Desai for plaintiff present. None for deft. Application for service of writ of summons and N/M to deft. no.1. O. - Read application. Heard. On perusal of record, it appears that the order was passed on 15.10.2019 and thereby, plaintiff was permitted to serve deft. no.1 by pasting writ of summons and N/M at his last known premises through bailiff. Ld. Counsel for plaintiff submitted that the plaintiff could not comply the said order. In the interest of justice, the order dated 05.10.2019 is extended for compliance. Application (Exh.7) is disposed of accordingly. Earlier order, if any, to continue till next date. The matter is adjd for compliance to 05.02.2021. Next Purpose: COMPLIANCE Next Hearing Date: 05-02-2021 Date: 05-02-2021 Business: Adv. Hardik Desai for pltff present. None for deft. Application for service of writ of summons and N/m to deft no.1. Order – Read application last chance is granted to plaintiff to comply the order dtd 05.10.2019. Earlier order, if any, to continue till next date. The matter is adjd for the service report to .12.04.2021. Next Purpose: COMPLIANCE Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd Next Purpose: COMPLIANCE Next Hearing Date: 29-06-2021 Date: 29-06-2021 Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021. Matter adjd Next Purpose: COMPLIANCE Next Hearing Date: 25-08-2021 Date: 25-08-2021 Business: Adv. Hardik Desai for plff is present. None for deft. Earlier order if any to continue till next date. Matter adjd to 18.10.2021. Next Purpose: COMPLIANCE Next Hearing Date: 18-10-2021 Date: 18-10-2021 Business: As per Order No.213 of 2021 dated 12.10.2021 hereby declared holiday on 18.10.2021. Matter is adjd to 27.11.2021. Next Purpose: COMPLIANCE Next Hearing Date: 27-11-2021 Date: 27-11-2021 Business: P.O. is on leave. Matter adjd to Next Purpose: COMPLIANCE Next Hearing Date: 07-02-2022 Date: 07-02-2022 Business: As per Office Order No. ''27 of 2022'', to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, this office has declared holiday today, therefore matter is adjourned. Next Purpose: COMPLIANCE Next Hearing Date: 12-04-2022 Date: 12-04-2022 Business: PO is on leave hence adjd.to 27/7/2022 Next Purpose: COMPLIANCE Next Hearing Date: 27-07-2022 Date: 27-07-2022 Business: CORAM - HIS HONOUR JUDGE SHRI R.R.PATARE (C.R.NO.2) Matter pertains to C.R.No. 1. Adv. Hardik Desai for Pltf. present. Earlier order, if any, continue till next date. Matter adjd to 30.09.2022 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-09-2022 Date: 30-09-2022 Business: None present for plaintiff and defendant. KB LO at 3.30 p.m. Adv. Hardik Desai for plaintiff is present. Earlier order, if any, continue till next date. Matter adjd to 12.12.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-12-2022 Date: 12-12-2022 Business: Adv. Chudasama for plaintiff is present. The Ld.Adv.for plaintiff has filed an application for grant of extensions of time to serve writ of summons on defendant a/w copy of NM. It is to be seen that it is the matter of 2018 and already ample opportunities given to the plaintiff. Thus considering these aspects time is extended to serve writ of summons and NM subject to payment of cost of Rs.2000/- paid to DLSA, Mumbai. Matter adjd to 08.02.2023 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 08-02-2023 Date: 08-02-2023 Business: Adv. Hardik Desai for plaintiff is present. None present for defendant. The plaintiff has filed affidavit of service regarding effecting service of writ of summons on the defendant no.1. The Bailiff has filed his report about affixing duplicate copy of summons a/w true copy of plaint on the conspicuous part of the door of defendant no.1. However, there is no signature of any witness to substantiate the contention of the Bailiff. Therefore the plaintiff is hereby directed to effect proper service on defendant no.1. Defendant no.2 is already proceeded ex-parte on 10.10.2018. Matter adjd to 10.04.2023 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-04-2023 Date: 10-04-2023 Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Matter pertains to Court Room No.1. Plaintiff a/w Adv. Chudasama present. He tendered application for withdrawal of suit. TOR. Exh-10. None present for defendant. It is submitted that the defendant No.1 is expired and defendant No.2 is society, the suit is filed for simple injunction, she do not want to proceed against the society. She further submitted that she has urgency could not come on other date before regular court, hence, considering her submissions and that she is identified by advocate I proceed to pass following order. ORDER 1. S. C. Suit No.1248/2018 disposed off as withdrawn against defendant No.2 and abated against defendant No.1. 2. Court fees be return as per rule. As the suit is disposed off nothing survive in NM No.2353/2018 hence, NM No.2353/2018 disposed off. Matter be closed accordingly. Nature Of Disposal: OTHER Disposal Date: 10-04-2023
Additional Case Details
Additional Case Details
Filing Number: 108348/2018 Filing Date: 27-06-2018 First Hearing Date: 27th June 2018 Decision Date: 10th April 2023 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Final Order 110 Apr 2023
10 Apr 2023
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102353/2018 Smt. Shailaja Padmanabha Pillai Vs Mr. S. Bhargavan Pillai Date : 10042023 Business : CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Matter pertains to Court Room No.1. Plaintiff a/w Adv. Chudasama present. He tendered application for withdrawal of suit. TOR. Exh10. None present for defendant. It is submitted that the defendant No.1 is expired and defendant No.2 is society, the suit is filed for simple injunction, she do not want to proceed against the society. She further submitted that she has urgency could not come on other date before regular court, hence, considering her submissions and that she is identified by advocate I proceed to pass following order. ORDER 1. S. C. Suit No.1248/2018 disposed off as withdrawn against defendant No.2 and abated against defendant No.1. 2. Court fees be return as per rule. As the suit is disposed off nothing survive in NM No.2353/2018 hence, NM No.2353/2018 disposed off. Matter be closed accordingly. Nature of Disposal : OTHER Disposal Date : 10042023 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 110 Apr 2023
10 Apr 2023
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102353/2018 Smt. Shailaja Padmanabha Pillai Vs Mr. S. Bhargavan Pillai Date : 10042023 Business : CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Matter pertains to Court Room No.1. Plaintiff a/w Adv. Chudasama present. He tendered application for withdrawal of suit. TOR. Exh10. None present for defendant. It is submitted that the defendant No.1 is expired and defendant No.2 is society, the suit is filed for simple injunction, she do not want to proceed against the society. She further submitted that she has urgency could not come on other date before regular court, hence, considering her submissions and that she is identified by advocate I proceed to pass following order. ORDER 1. S. C. Suit No.1248/2018 disposed off as withdrawn against defendant No.2 and abated against defendant No.1. 2. Court fees be return as per rule. As the suit is disposed off nothing survive in NM No.2353/2018 hence, NM No.2353/2018 disposed off. Matter be closed accordingly. Nature of Disposal : OTHER Disposal Date : 10042023 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
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