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NOTICE OF MOTION

Shivaji Tukaram PatilVsMHADA +2 more

CNR MHCC0100876020198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th September 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103215/2019
Registration Date
23 Aug 2019

Advocates

2

For Petitioner

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 23-08-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: None present  for the Plaintiff.
Defendant-5 present
Adv. Hetal Panjwani for Defendant-6 present.
Original registered N/M No. 3215/19 alongwith affidavit in support tendered by Defendant-6. t.o.r.
As Court is busy in mediation matters and hearing arguments in SU 8477/86, hence board is discharged.
Matter is adjd. to 9.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Holmgi for Plaintiff is present.  He filed registered notice of motion No. 421/2020 a/w affidavit in support. He also filed affidavit of service.
Adv.  Chandrmore  for defendant no.1 is present.
Adv.  Pushpa Thapa h/f Adv. Kandekar for defendant no.2 and 3 is present.
Adv.  Ramchandani for defendant no.4 is present. He filed affidavit in reply in N/M 421/2020. Copy served on advocate of the plaintiff.
Matter is adjd.  for N/M hearing to 12/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present for plaintiff.
Defendant No.5 present.
Matter is adjd. to 06.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None for plaintiff
Defendant No.5 is present.
Matter is adjd. to 21/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Matter adjd to 25.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
Matter is adjd. to 20.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Plaintiff in person present.
Defendant no.5 is present.
Matter is adjd. to 23.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None present  for plaintiff.
Adv. Eknath Dhokle present for defendant 06 and he tendered pursis informing that defendant no. 06 is expired. t.o.r marked as Exh. 03
Plaintiff in person present.
None present for other deff.
Matter adjourned for steps and nm hrg. To 10/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Plaintiff in person present and sought adjournment.
Adv. Eknath Dhokle present for defendant 06.
Defendant 05 in person present and sought adjournment.
Matter adjourned for steps and nm hrg. To 23/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. K. D. Zaa present for plaintiff.
Adv. Sneha prabhoo present for defendant 01 to 04.
Adv. Akshay Kulkarni present for the defendant no. 05 and tendered vakalatnama on behalf of defendant no. 05. t.o.r marked as Exh.06.
Son of defendant no. 06 Mr. Prafull Patil present and submitted that, defendant no. 06 expired on 10/03/2022.
Matter adjourned for necessary steps/nm hrg. To 01/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: None present for plaintiff.
Adv. Sneha prabhoo present for defendant 04.
Adv. Akshay kulkarni present for defendant no. 05.
Plaintiff in person present and sought adjournment.
Matter adjourned for steps/nm hearing to 06/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: As court is on leave, hence matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for steps/nm hearing/order to 10/11/22.
l.o. at 04.01 pm
Adv. Kandekar present for defendant/MHADA.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv. K. D. Zaa present for plaintiff and sought adjournment for taking necessary steps as defendant no. 06 is expired.
Adv. Akshay kulkarni present for defendant 05.
Matter adjourned for steps/nm hearing to 08/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None present for plaintiff.
Adv. Sneha prabhoo present for defendant 01 to 04.
None present for other defendant 06.
As plaintiff and his adv. are absent, and did not take steps Matter adjourned for steps/order to 18/01/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Adv. K. D. Jha present for plff.
Plff in person present.
Adv. Sneha present for defendant no.1 to 4.
Deft no.5 in person present and submitted that Deft no.6 is already expired.
Matter adjourned for Steps to 23/02/2023 .
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Plaintiff in person present and sought adjournment.
Adv. absent for plaintiff.
None present for defendant.
Matter adjourned for steps to 24/03/23.
l.o. at 03.32 pm.
Adv. Akshay Kulkarni present for defendant no. 05.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Plaintiff in person present and sought adjournment for taking necessary steps.
Adv. Sneha Prabhoo present for defendant no. 01 to 04.
None present for other defendants.
Matter adjourned for steps/hearing on nm to 25/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for nm dismissal order to 04/05/23.
l.o. at  03.26 pm.
Adv. Akshay Kulkarni present for defendant no. 5.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: Plaintiff in person present and prays for adjournment.
Adv. Akshay Kulkarni present for defendant No.5.
Matter adjourned for NM Dismissal order to 21.07.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Plaintiff in-person present.
Adv. Akshay Kulkarni present for defendant No.5.
Matter adjourned for NM Dismissal order to 19.08.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: Adv. Khatib present for plaintiff. He prayed for an adjournment.
Adv. Sneha Prabhu present for defendant Nos. 1 to 4.
Adv. Akshay Kulkarni present for defendant No.5.
Adjournment is granted as last chance.
Plaintiff to note that no further adjournment shall be granted on any ground on next date.
Matter adjourned for NM Hearing/NM Dismissal order to 15.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Adv. Jha present for plaintiff.
Adv. Akshay Kulkarni present for defendant No.5.
None present for other defendants.
Order passed below Exh.1.  Plaintiffs advocate informed court that defendant No.6 passed away on 10.03.2022. Plaintiff failed to bring legal representatives of defendant No.6 on record. Suit abates against defendant No.6, consequently counter claim filed by defendant No.6 also stands dismissed.
Order on Notice of Motion No.3215 of 2019 This notice of motion was brought by defendant No.6 praying for condoning delay in filing written statement but thereafter it is informed by learned counsel of plaintiff that defendant No.6 passed away on 10.03.2022.  The suit has already abated against defendant No.6. Hence, this notice of motion is now infructuous. Hence, I pass following order
1. Notice of Motion No.3215 of 2019 is disposed off as infructuous.
Nature Of Disposal: DISMISSED
Disposal Date: 15-09-2023

Additional Case Details

Additional Case Details
Filing Number: 109311/2019
Filing Date: 23-08-2019
First Hearing Date: 23rd August 2019
Decision Date: 15th September 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
15 Sept 2023
Order Details: Other
Pdf Text: Date
15.09.2023
38
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
SU 2436/2017
NM
3215/2019
NM
3987/2017
Adv. Jha present for plaintiff.
Adv. Akshay Kulkarni present for defendant No.5.
None present for other defendants.
Order passed below Exh.1.
Plaintiff’s advocate informed court that defendant No.6 passed
away on 10.03.2022. Plaintiff failed to bring legal representatives of
defendant No.6 on record. Suit abates against defendant No.6,
consequently counter claim filed by defendant No.6 also stands
dismissed.
Order on Notice of Motion No.3215 of 2019
This notice of motion was brought by defendant No.6 praying for
condoning delay in filing written statement but thereafter it is
informed by learned counsel of plaintiff that defendant No.6 passed
away on 10.03.2022. The suit has already abated against defendant
No.6. Hence, this notice of motion is now infructuous. Hence, I pass
following order;
1. Notice of Motion No.3215 of 2019 is disposed off as infructuous.
Matter adjourned for NM Hearing to 26.10.2023.
Judge
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