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
2For Petitioner
For Respondent
Parties
4Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 115 Sept 2023
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 -- 1 of 1 --
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