Mr.s D. Anita Lawrence - Suit StampNo.8297 of 2018VsMr. Laswrence Albert

Date: 02-07-2018
Business: Plff.and Adv.Mr. Anil Kumar Singh with Manishkumar Yadav for Plff.present.
None for defendant.
Court Commissioner is filed report t.o.r and marked at Exh.2.
Affidavit of service is filed by adv.for Plff.t.o.r.
Adv.for Plaintiff also tendered original N/m No.2407/2018 t.o.r.
None appeared for the defendant.
Considering overall circumstances, parties to the suit to maintain the position as per the Commissioner\''s report Exh.2. Keep the matter for ad interim hearing.  Issue notice to the defendant through special Court Bailiff upon charges to be paid by the plaintiff r/o.04.07.2018.
Adjd.for Bailiff\''s report on 04.07.2018.
Next Purpose: REPORT
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Adv. Anjani Kumar with adv. Manish Kumar Singh with  for Plaintiff present.Plaintiff to take steps for registration of the suit.
Earlier order to continue till next date
Adjd. To 13/07/2018  for service.
Next Purpose: SERVICE
Next Hearing Date: 13-07-2018

Date: 13-07-2018
Business: Plff.and Adv.Mr.A.K.Singh for Plff present
Deft.and Adv.Mr.Aviraj Tarar for Deft.present and filed vakalatnama t.o.r.and marked at Exh.3.
He also filed reply to N/m.t.o.r.
Defendant and Plaintiff are husband and wife.  Considering the nature of suit.  As per the provisions of Section 89 of the C.P.C.this matter is referred for mediation.  Parties to the suit to take note that mediation is the confidential process and it is in the interest and the benefit of the party. Both the parties and their Ld.advocates have consented for referring the matter for mediation.  Parties to attend the District Mediation Center on 18.07.2018  at 11.00 am.  The Ld.coordinator is requested to allot this matter to trained Judge Mediator.
Adjd.for Mediator\''s report on 02.08.2018.
Earlier order to continue till next date.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-08-2018

Date: 02-08-2018
Business: Plff and Adv.Mr.A.K.Singh for Plaintiff present.
Deft.and Adv.Mr.Tarar for defendant present.
Adjd.for Mediation report on 28.08.2018.
Earlier order to continue till next date.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-08-2018

Date: 28-08-2018
Business: Adv.Mr.A.K.Singh for Plff.present.
Deft.and Adv.Mr.Avinash Kharat for Deft present.
Ld. Mediator sent report that matter is not settled it is t.o.r.and marked at Exh.4.
Adjd.for N/m hearing on 18.09.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Plff.and Adv.Mr.A.K.Singh for Plff.present.
He filed rejoinder t.o.r.
Defendant present.  Adv.absent.
Adjd for N/m hearing on 12.11.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: Adv.Mr.A.K.Singh for plaintiff present.
Adv.Mr.Aviraj Tarar for defendant present.
Adv.for plaintiff tendered draft N/m along with affidavit t.o.r.  Leave granted to register N/m.  Returnable on next date.
Adjd.for N/m reply on 22.11.2018.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Business: Plaintiff and Adv. Manish Kumar Yadav for plaintiff present.
Earlier order continue till next date.
Adjd. to 23/01/19 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Ex.5 Adv. C.S.Savitri filed V/n for Plaintiff t.o.r.
Ex.6 Adv. Sunanda Kumbhar filed V/n for Defendant t.o.r.
Adv for Defendant sought adjournment. Adjmnt is granted.
Earlier order to continue till next date.
Adj for NM hearing to 06.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv. Savitri for Plaintiff present.
Adv. Babar for Defendant present.
Adv for Plaintiff filed registered NM no.4317/18 alongwith affidavit in support of it t.o.r.
Copy served to other side.
Adv for Plaintiff sought adjournment. Granted as last chance.
Earlier order to continue till next date.
Adj for NM hearing to 08.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Adv. Savitri for Plaintiff present.
Adv. Kumbhat for Defendant present.
She filed reply to NM no.4317/18.
Defendant tendered draft NM t.o.r.
Leave granted to register it.
Copy given to other side.
Order below NM No.4317/18.
Notice of motion is taken out by Plaintiff seeking amendment in plaint as per schedule annexed to the motion.
In reply defendant has raised maintainability of notice of motion on the count that reliefs sought therein are for amendment of plaint which is impermissible by way of notice of motion under R-187 of Bombay City Civil Court Rules, 1948 which deals specifically with applications for injunctions, receivers and interim relief in a cause. Adv. for Plaintiff fairly conceded said fact. Rule 43 of Bombay City Civil and Sessions Court Rules, 1948 provides as to what matters may be disposed off by chamber work and it includes applications to amend the plaint or subsequent proceedings or to strike out any matter therein. Rule 187 of the said rules provides that application for injunctions, receivers and other interim relief in a cause shall be made by notice of motion.
In view of aforesaid rules technically notice of motion seeking amendment to plaint is not maintainable. Therefore, same needs to be dismissed. However, as it is dismissed on the count of maintainability, so liberty is to be granted to Plaintiff to take out chamber summons seeking aforesaid amendment. On filing of such chamber summons it would be decided on its own merits. Hence, pass following order.
ORDER
1. Notice of motion no.4317/18 is dismissed. However, Plaintiff is at liberty to take out chamber summons seeking aforesaid amendment. On filing of such chamber summons it would be decided on its own merits.
Notice of Motion no.4317/18 is disposed off accordingly.
Earlier order to continue till next date.
Adj for reply to NM 2407/18 to 06.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: (In-Charge of C.R.NO.2)
(Matter Pertains to C. R. No. 02)
Adv. Savitri for Plaintiff present.
Earlier order continue till next date, if any.
Adjd. to 10.07.19 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Adv. Manjiri Kulkarni for Plaintiff present.
Adv. Purva Pradhan for Defendant present.
Counsel for parties submitted that there is possibility of settlement. Keeping in view element of settlement, matter is again referred for mediation.
Parties are directed to appear before Mediator on 07.08.2019.
Parties are absent, so notice be issued to them through Bailiff.
Earlier order, if any to continue till next date.
Adj for Mediation report to 23.08.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: None present.
Adj for mediation report to 03.10.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: None for Plaintiff
Adv. Apoorva Chinderkar for defendant present.
KB
Adv. Savitree for plaintiff present.
Adv. Rachana for defendant present.
Pursis filed by advocate for plaintiff for withdrawal of the suit  tor and marked as Exh.5.  She submitted that dispute between plaintiff and defendant who are wife and husband is settled.  Therefore, plaintiff wants to withdraw the suit.  Hence, pass following order
ORDER
1. Plaintiff wants to withdraw the suit, therefore, suit is dismissed for want of prosecution as being withdrawn.
2. Court fees, if any, be refunded to plaintiff as per rule.
3. Bill of costs be drawn up accordingly.
4. Suit is disposed off accordingly.
Order passed below Notice of Motion Nos.2407 of 2018
This notice of motion has been filed in suit No.1703 of 2018 which is disposed off therefore Notice of Motion Nos.2407 of 2018 is dismissed in default and disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 03-10-2019

Filing Number: 108549/2018
Filing Date: 29-06-2018
First Hearing Date: 02nd July 2018
Decision Date: 03rd October 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE