NOTICE OF MOTION
Anil Madanji Jadhao - Suit St. No. 7896/2019VsVidharbha Chandika +1 more
CNR MHCC0100763320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd July 2024
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102760/2019
- Registration Date
- 24 Jul 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 02-08-2019 Business: Adv. Ruturaj Bankar for plaintiff present. Adv. Munghate for defendant nos. 1 and 2 present. Affidavit of service filed by the plaintiff. TOR. Vakalatnama filed on behalf of defendant nos. 1 and 2. Advocate for defendant nos. 1 and 2 seeks time to file reply to NM and written statement. The Ld. counsel for the defendants submitted that interim protection be vacated. The counsel for the defts. have not assigned the reason for vacating the interim injunction granted to the plaintiff. Therefore, the contention raised by the counsel for the defendants cannot be taken into consideration. Adjourned for reply to NM and written statement. Earlier order to continue till filing reply to NM. The Ld. counsel for defendant no. 1 and 2 waived the service of writ of summons. Adjourned for reply to NM and filing written statement to 25.9.2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 25-09-2019 Date: 25-09-2019 Date: 25-11-2019 Date: 20-01-2020 Date: 28-02-2020 Date: 03-04-2020 Date: 17-04-2020 Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned. Next Purpose: NM FOR HEARING Next Hearing Date: 06-05-2020 Date: 06-05-2020 Date: 28-05-2020 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: NM FOR HEARING Next Hearing Date: 02-09-2020 Date: 02-09-2020 Date: 22-10-2020 Date: 07-01-2021 Next Purpose: NM FOR HEARING Next Hearing Date: 01-03-2021 Date: 01-03-2021 Date: 28-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 05-08-2021 Date: 05-08-2021 Date: 30-09-2021 Date: 13-01-2022 Business: As per Office Order No. ''07of 2022'' and ''03 of 2022'' only urgent matter is to be taken up for hearing therefore matter is adjd to Next Purpose: NM FOR HEARING Next Hearing Date: 29-03-2022 Date: 29-03-2022 Business: None present. Pltff is directed to tender on record registered NM No. 2760/19 by next date. Matter is adjd to 15/07/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 15-07-2022 Date: 15-07-2022 Business: Advocate Ms. Mariaam for the Plff Present. It appears from roznama that, inspite of giving directions by the Court, original notice of motion is not filed on record by the Advocate for the plff. Hence, last chance given to tender original NM. Matter adjd to NM Hearing on 17.09.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2022 Date: 17-09-2022 Business: None present for plaintiff and defendant. Inspite of direction the plaintiff failed to tender original NM. Hence, the matter be kept for dismissal. Matter adjd to 29.11.2022 for dismissal. LO at 3.20 p.m. Adv. Neha Chhajalane for plaintiff is present. The Ld. Adv.for plaintiff has filed application for reconstruction of NM No.2760/19 t.o.r marked as Exh.6. O- Other side to say. Matter adjd to 29.11.2022 for reply on Exh.6. Next Purpose: REPLY Next Hearing Date: 29-11-2022 Date: 29-11-2022 Business: P.O.is on leave. Matter adjd to Next Purpose: REPLY Next Hearing Date: 24-01-2023 Date: 24-01-2023 Business: P.O. is on leave. Matter adjd to Next Purpose: REPLY Next Hearing Date: 29-03-2023 Date: 29-03-2023 Business: Adv.Neha Chhajalane for plaintiff is present. None present for defendant. Inspite of giving opportunity defendant failed to file reply to Exh.6. Hence, the matter proceeded without reply of defendant on Exh.6. Matter adjd to 21.06.2023 for hearing on Exh.6. Next Purpose: HEARING Next Hearing Date: 21-06-2023 Date: 21-06-2023 Date: 21-08-2023 Business: Adv. Neha Chhajalane for plaintiff is present. Adv. Nasim Shaikh for defendant is present. Heard the Ld. Adv for plaintiff and defendnat on Exh.6. Order below Exh.6 The plaintiff has filed present application for reconstruction of Notice of Motion 2760/19. It is submitted that the original notice of motion is not traceable and unfortunately misplaced. Therefore permission to file reconstructed NM will be granted. Thus considering the submissions and interest of justice the application stands allowed. The reconstructed notice of motion along with affidavit is taken on record. TOR. Seen. Already reply and rejoinder is on record hence matter adjourned for hearing on NM. Matter adjd to 17.10.2023 for hearing on NM. Next Purpose: NM FOR HEARING Next Hearing Date: 17-10-2023 Date: 17-10-2023 Date: 21-12-2023 Date: 23-02-2024 Business: P.O. is on Training. Next Purpose: NM FOR HEARING Next Hearing Date: 09-05-2024 Date: 09-05-2024 Business: None present for plaintiff and defendant. Matter adjd to 23.07.2024 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-07-2024 Date: 23-07-2024 Business: None present for plaintiff and defendant. Sufficient time granted to plaintiff to work out Notice of Motion No.2760/2019. The plaintiff and his advocate both were absent on 12.12.2023, 23.02.2024 and 09.05.2024 and did not take steps to work out notice of motion. It is seen that plaintiff is not interested to proceed with notice of motion. Hence, notice of motion stands dismissed for default. Notice of Motion No.2760/2019 stands disposed off. Matter adjd to 25.09.2024 for draft issues. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 23-07-2024
Additional Case Details
Additional Case Details
Filing Number: 108140/2019 Filing Date: 24-07-2019 First Hearing Date: 02nd August 2019 Decision Date: 23rd July 2024 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
1Final Order 123 Jul 2024
23 Jul 2024
Order Details: Other Pdf Text: 43 23.07.2024 SU 2125/19 NM 2760/19 CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1) None present for plaintiff and defendant. Sufficient time granted to plaintiff to work out Notice of Motion No.2760/2019. The plaintiff and his advocate both were absent on 12.12.2023, 23.02.2024 and 09.05.2024 and did not take steps to work out notice of motion. It is seen that plaintiff is not interested to proceed with notice of motion. Hence, notice of motion stands dismissed for default. Notice of Motion No.2760/2019 stands disposed off. Matter adjd to 25.09.2024 for draft issues. Judge -- 1 of 1 --
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