NOTICE OF MOTION
Mr. Laltaprasad Narayan BharatiVsMr. Rohit Khaderan Jaiswar And Anr
CNR MHCC01008199201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th October 2021
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102994/2019
- Registration Date
- 06 Aug 2019
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: 06-08-2019
Business: Advocate for Plaintiff present and filed registered Notice of Motion no.2994/2019 with affidavit in support, t.o.r.
Defendant no.1 present. His advocate absent. Deft no.1 submitted that on next date he will file reply to NM no.2994/19.
Advocate Mr. Vani for Defendant no.2 present and submitted that copy of NM is not served upon Defendant no.2. Plaintiff advocate
pointed out to advocate for Defendant no.2 that copy of draft NM is annexed to the copy of plaint which is with advocate for Defendant no.2. After getting satisfied about getting coy of NM advocate for Defendant no.2 submitted that on next date he will file NM reply.
Case is adjourned to 13/08/2019 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Plaintiff present.
Defendant no.1 present and submitted that on next date he will file NM reply taken out by Plaintiff. He submitted that he will engage lawyer for that purpose. Considering submissions adjourned.
Advocate Devashish Vani for Defendant no.2 present and filed NM reply, t.o.r. Copy served to Plaintiff and Defendant no.1.
Case is adjourned to 25/09/2019 for NM reply by Defendant no.1.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Court is busy in dictating order on Notice of Motion in suit no.1762/18 and hearing urgent applications, board of second session is discharged and case is adjourned to 05/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 25-09-2019
Business: Court is busy in dictating order on Notice of Motion in suit no.1762/18 and hearing urgent applications, board of second session is discharged and case is adjourned to 05/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Advocate for Plaintiff present
Defendant present. His advocate absent. Defendant submitted that on next date his advocate will appear for NM hearing. Considering submissions adjourned.
Case is adjourned to 10/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Plaintiff present. His advocate absent.
Advocate Ms. Kimaya Godbole @ Defendant no.1 present and undertook to file vakalatnama on behalf of Defendant no.1 and reply of Notice of Motion no.2994/19. Considering submissions adjourned.
Case is adjourned to 30/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020
Date: 30-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: None present for Plaintiffs.
Defendant No.1 present and filed Vakalatnama of Advocate Amol D. Doshi for defendant No.1. t.o.r. and marked Exhibit-02.
He also filed Written statement. It is directed that defendant No.1 should take out Notice of motion for condonation of delay in filing written statement. It is made clear that Written statement will be accepted subject to decision of Notice of Motion for condonation of delay.
Case is adjourned for 18/01/2021 for filing Notice of Motion for delay condonation.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
Defendant No.1 present in person and submitted that sole plff in the suit has expired in November 2020. His statement is not supported by any document.
As nobody present for plaintiff, considering present pandemic
condition matter is adjd. for NM to 12.04.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-07-2021
Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: None present for plaintiff.
Defendant No.1 present with Adv. Mr. Pradeep Naik.
None present for defendant no.2.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv. Mr. Pradeep Naik filed vakalatnama at Exh.5 on behalf of deft No.1. He submitted that previous advocate on record of the deft No.1 has expired. He also filed pursis at Exh. 6 that plaintiff has expired on 25.11.2020. Death certificate is produced with said pursis. Steps are not taken for bringing HLRs of sole deceased plaintiff on record till date however, considering the present pandemic condition and SOP issued by Hon’ble High Court, matter be kept for order to 11.08.2021.
Next Purpose: ORDER
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv Mr. Surendra Yadav for plff present and filed pursis at Exh.7 that plff in the suit has expired and legal heirs of deceased plff have approached him with request to appear in the matter on their behalf. He seeks time to take steps.
Deft No.1 with Adv Mr. Pradip Naik present and submitted that adv. Surendra Yadav had already given NOC to the deceased plff for engaging another advocate. It is not necessary to consider the said aspect at this stage.
Matter is adjd. for steps to 27.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2021
Date: 11-08-2021
Business: Adv Mr. Surendra Yadav for plff present and filed pursis at Exh.7 that plff in the suit has expired and legal heirs of deceased plff have approached him with request to appear in the matter on their behalf. He seeks time to take steps.
Deft No.1 with Adv Mr. Pradip Naik present and submitted that adv. Surendra Yadav had already given NOC to the deceased plff for engaging another advocate. It is not necessary to consider the said aspect at this stage.
Matter is adjd. for steps to 27.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv Mr. Surendra Yadav for the applicants present and filed draft ch/s along with affidavit in support. O-Leave to register is granted.
Adv Mr. Pradip Naik for deft No.1 present.
None present for other defts.
Matter is adjd. for Ch/s reply to 16.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: Holiday declare,Hence matter is adjd.
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2021
Date: 16-10-2021
Business: Holiday declare,Hence matter is adjd.
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv Mr. Surendra Yadav present for plff. and tendered registered Ch/s No.1366/2021 along with affidavit in support.
Adv Mr. Pradip Naik present for deft. No.1.
Adv Mr. Dewashish Wani for deft No.2 present.
K.B. till 4.30 p.m.
L.O.at 4.30 p.m.
Heard arguments in Chamber Summons No.1366/2021.
Adjourned for order to 30.10.2021.
Next Purpose: ORDER
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None present for plff.
Deft No.1 present with his Adv Mr. Pradip Naik.
None present for deft. No.2
F.R.S.R. following order is passed.
ORDER
Chamber summons No.1366 of 2021 is dismissed.
---
As Chamber summons No.1366/2021 is dismissed, the suit does not survive and it stands disposed off as abated.
Pending Notice of Motion No.2994/2019 also stands disposed off as suit is abated.
Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 30-10-2021Additional Case Details
Additional Case Details
Filing Number: 108732/2019 Filing Date: 06-08-2019 First Hearing Date: 06th August 2019 Decision Date: 30th October 2021 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
2Final Order 230 Oct 2021
30 Oct 2021
Order Details: Notice of Motion Pdf Text: 30/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 1 & 29 SU 2124/19 None present for plff. Deft No.1 present with his Adv Mr. Pradip Naik. None present for deft. No.2 F.R.S.R. following order is passed. ORDER Chamber summons No.1366 of 2021 is dismissed. --- As Chamber summons No.1366/2021 is dismissed, the suit does not survive and it stands disposed off as abated. Pending Notice of Motion No.2994/2019 also stands disposed off as suit is abated. Proceeding is closed. Judge -- 1 of 1 --
Final Order 130 Oct 2021
30 Oct 2021
Order Details: Notice of Motion Pdf Text: 30/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 1 & 29 SU 2124/19 None present for plff. Deft No.1 present with his Adv Mr. Pradip Naik. None present for deft. No.2 F.R.S.R. following order is passed. ORDER Chamber summons No.1366 of 2021 is dismissed. --- As Chamber summons No.1366/2021 is dismissed, the suit does not survive and it stands disposed off as abated. Pending Notice of Motion No.2994/2019 also stands disposed off as suit is abated. Proceeding is closed. Judge -- 1 of 1 --
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.