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NOTICE OF MOTION

Manoj Prabhudas DarjiVsNew Dariya Mahal CHS Ltd.

CNR MHCC01008018201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 06th July 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102907/2019
Registration Date
02 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-08-2019
    Business: Adv. J.V.Mishra for Plaintiff present.
    Ex.2 Adv. Grishma Lad filed V/n for defendant t.o.r.
    Mr. Hussain Shah, representative of defendant is present.
    Original NM No.2907/19 tendered by Adv for Plaintiff t.o.r.
    Adv for defendant made statement that Nav Dariya Mahal     Co-op. Housing Society Ltd. bearing Registration No.Bom/Hsg/ 3629 of 1972 has no concern with the suit garage and right in the suit garage. She also made statement that even Repair and Renovation Committee of Dariya Mahal basement garages is not related to defendant society.
    Adv for defendant submitted that she made above statement on the instructions of representative of defendant who is present before the Court.
    Plaintiff is at liberty to take appropriate steps in the matter.
    Adj for steps to 20.08.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Jitendra Mishra for Plaintiff present.
    Adv. Grishma Lad for defendant present.
    Draft Ch/s filed by Adv for Plaintiff t.o.r.
    Leave is granted to register it.
    Copy of draft Ch/s is given to defendant.
    Copy of draft Ch/s be served upon Respondent.
    Adv for Plaintiff sought extension of service of writ of summons upon defendant.
    Time is extended for service of writ of summons.
    Adj for reply of defendant and service report of Respondent to 10.10.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Advocate for Plaintiff absent.
    Plaintiff present.
    Adv. Garima Kapoor for defendant present.
    KB
    LO
    Adv. Jitendra Mishra for plaintiff present.
    Adv. Taher Tayyab for defendant present.
    Advocate for defendant sought time as advocate on record is not available.
    Original notice of motion is not filed on record. Plaintiff is directed to file original notice of motion on record.
    Adjd. for reply and hearing on ad-interim relief to 03.10.2019
    Next Purpose: HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: By preceipy,
    Adv. Jitendra Mishra for Plaintiff present
    Plaintiff tendered original NM 2907/19 and Ch/s 1581/19
    Adv. Grishma Lad for defendant present.
    Heard both sides. Plaintiff is directed to file affidavit clarifying as to where suit garage is situated along with photographs of the sides.
    Adjd. To 5.10.2019 for compliance and reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Jitendra Mishra for Plaintiff present.
    Adv.Grishma Lad for defendant present.
    Additional affidavit in support of Notice of motion filed by advocate for plaintiff t.o.r
    Copy is given to other side.
    Adv. For defendant filed undertaking of chairman of defendant t.o.r.
    Copy is given to other side.
    His undertaking is accepted and matter is posted for NM reply
    Adjd. to 10.10.2019  for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Dholkawala H/F Grishma Lad For defendant present.
    None for plaintiff.
    Adv. For defendant sought time to file reply.
    O- Time is granted.
    Adj to 16.11.2019 for reply
    Next Purpose: REPLY
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Matter called out at 4.22 p.m.
    Advocate Mr. Jitendra Mishra for plaintiff present.
    None present for Defendants and respondents. Hence Case is adjourned to 22/01/2020 for NM and Ch/s hearing.
    Next Purpose: REPLY
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: PO IS ON LEAVE(SECOND HALF)
    Matter is adj to 08/04/2020 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
    Plaintiff and defendant absent.
    Their advocate absent.
    Matter is adj for hearing on NM,CS on 22-03-2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: None present for plaintiff
    Adv Prathmesh Bhosale for defendant present.
    Due to the pandemic of Covid-19 the Court is functioning for limited time.
    Matter adjd to 23/07/2021 for Nm reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: None present for plaintiff.
    Advocate Mr. Bhosale for defendant is present.
    Adjourned for C/S hearing to 21.10.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Advocate Mishra for plaintiff is present.
    Advocate Bhosale for defendant is present.
    F. R. S. R. following order is passed -
    Order
    1.	Chamber Summons No. 1581/2019 is hereby allowed as prayed 	for.
    2.	The plaintiff and his advocate are hereby directed to carry out 	proposed amendment within stipulated period.
    3.	Chamber Summons No. 1581/2019 is disposed off accordingly.
    Adjourned for Compliance to 20/12/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Next Purpose: SERVICE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: COURT IS VACANT
    Adjourned for Service to 23/08/2022
    Next Purpose: SERVICE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: CORAM - H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
    (Incharge Court Room No. 63)
    Advocate J.B. Mishra a/w plaintiff Manoj present.
    None for defendant.
    Adv. J. B. Mishra for plaintiff filed application for withdrawal of the suit. t.o.r and marked as Exh.3
                Adv. J. B. Mishra for plaintiff submitted that the plaintiff does not want to continue the suit proceeding. The plaintiff has admitted his signature on the application and expressed desire of withdrawing the suit. Considering contents in Exh.3 and submission of Ld. Adv. J. B. Mishra,
    I passed the following order -
                                              Order
    1. Application Exh. 3 is allowed.
    2. Suit No. 2166/19 is disposed off as withdrawn.
    3. Court fee be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
    4. Parties shall bear their own costs.
    5. Proceeding of the suit is closed.
    6. NM No. 2907/19 is disposed off having become infractuous due to disposal of the main matter.
    Nature Of Disposal: OTHER
    Disposal Date: 06-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108588/2019
    Filing Date: 02-08-2019
    First Hearing Date: 03rd August 2019
    Decision Date: 06th July 2022
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Jul 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102907/2019 Manoj Prabhudas Darji Vs New Dariya Mahal CHS Ltd. Date : 06-07-2022 Business : CORAM - H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66) (Incharge Court Room No. 63) Advocate J.B. Mishra a/w plaintiff Manoj present. None for defendant. Adv. J. B. Mishra for plaintiff filed application for withdrawal of the suit. t.o.r and marked as Exh.3 Adv. J. B. Mishra for plaintiff submitted that…

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