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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

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection 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

    1
    Final Order 1
    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
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