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NOTICE OF MOTION

Hasendrasingh Mahendrasingh JhalaVsPratapsingh Fatehsinh Jhala +2 more

CNR MHCC01008527201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 15th June 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103129/2019
Registration Date
19 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-08-2019
    Business: Advocate Riddhima Mangaonkar for Plaintiff filed registered Notice of Motion no.3129/2019 with affidavit in support, t.o.r.
    Defendant no.15 present.
    Case is adjourned to 19/10/2019 for NM reply/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Advocate Mangaonkar for Plaintiff present
    Advocate for Defendant no.16 present and filed reply to NM no.3129/19, t.o.r.
    Plaintiff advocate submitted that on next she will file rejoinder to NM.  Considering submissions adjourned.
    Case is adjourned to 19/12/2019 for rejoinder to Nm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Advocate Ms. Mangaonkar for Plaintiff present and pointed out that reply is already filed by Defendant no.15
    Defendant/respondent no.15 present.
    Case is adjourned to 15/02/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv for Plaintiff present.
    None present for Defendant.
    On request of advocate for Plaintiff matter is adjd. for hearing to 03.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv Ms. Ridhima Mangonkar for plff present.
    Defendant No.15 present in person and seeks adjournment by submitting that he wants to engage another advocate. Advocate for plff though objected for the adjournment, considering the reason stated by the deft No.15, matter is adjd. for NM hearing to 09.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv Ms. Mangaonkar for plff present.
    Adv Mr. Atul Pathak h/f Adv MR. Pandey for deft No.15 present and filed V.P. at Exh.2.
    K.B.
    L.O. at 3.25 p.m.
    Adv Ms. Mangaonkar for plff present.
    Adv Mr. Atul Pathak h/f Adv Mr. Pandey for deft No.15.
    Heard argument of advocate for plff.
    On request of advocate for deft matter is kept back.
    L.O. at 4.45 p.m.
    Adv Mr.Pankaj Pandey for deft No.15 present.
    Heard argument of advocate for deft No.15.
    Matter is adjd. for order to 18.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None present for plaintiff.
    None present for defendant.
    K.B.for order.
    L.O.
    Stenographer is on leave. Alternate stenographer not provided by the office hence, it is not possible to pass order today.
    Matter is adjd. for order to 26.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: None present for both the parties.
    Court is busy in other matters. Court timing is till 4.00 p.m.. For want of time, matter adjourned for order to 03/04/2021.
                                                          Judge
    Next Purpose: ORDER
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Next Purpose: ORDER
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: Both parties are absent.
    Court is busy in other urgent matters. Court timing is 1.30 pm. For want of time,  matter adjourned for order  to 15.06.2021.
    Next Purpose: ORDER
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: None present for both the parties.
    Arguments of advocate for plaintiff and contesting defendant No.15 were heard on 09.03.2021 and matter was adjourned to 18.03.2021 for order but stenographer was on leave on 18.03.2021 hence, matter was adjourned to 26.03.2021 on which date, court was busy in other urgent matters and court timing was till 4.00 p.m only due to which, matter was adjourned to 03.04.2021 for order on which date also, order could not be passed due to other work and the Covid-19 Pandemic Condition and it was adjourned to 10.06.2021. On 10.06.2021 also, order could not be passed for want of time. As argument of both the parties are already heard as mentioned above, matter is taken up for passing order today and FRSR following order is passed.
    ORDER
    	Notice of Motion No.3129 of 2019 is made absolute as under.
    	Delay caused in taking of the Notice of Motion is condoned subject to cost of Rs.2,000/-(Rupees Two Thousand Only).
    	Plaintiff shall pay the amount of cost as mentioned above to defendant No.15 within six weeks from today.
    	On payment of the amount of cost as mentioned above, Suit No.1859 of 2018 shall stand restored. In case of failure of the plaintiff to pay/deposit the costs as mentioned above, this Notice of Motion shall be deemed to have been dismissed.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-06-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109083/2019
    Filing Date: 19-08-2019
    First Hearing Date: 23rd August 2019
    Decision Date: 15th June 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jun 2021

    Order Details: Notice of Motion Pdf Text: 1 NM No.3129-2019 in Suit No.1859-2018 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.3129 OF 2019 (CNR No.MHCC01-008527-2019) IN SUIT NO.1859 OF 2018. (CNR No.MHCC01-000250-2016) Hasendrasinh Mahendrasingh Jhala } Aged : 62 years, occupation, Service } Residing at 20, Green Park } Bungalows, Ambli, Ahmedabad-380 058. }...PLAINTIFF. Versus 1. Pratapsinh Fatehsingh Jhala } Aged about 86 years, } R/o. Vijay Niwas, Plot No.5, 25/A, } Naushir Bharucha Marg, (Sleater Road)…

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