NOTICE OF MOTION
Avinash Durgbijay BaraiVsMr. Bholashanakar Durgbijay Barai And Ors
CNR MHCC01008876201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 27th June 2024
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103258/2019
- Registration Date
- 27 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: 25-09-2019
Business: Adv. Komal Gupta for plaintiff present.
Defendant present in person.
Matter stands Adj for reply to NM on 17.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Komal Gupta for plaintiff present.
Defendant present and seeks time to engage advocate. Time granted.
Matter stands Adj for engaging advocate by defendant to 10.12.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Wife of plaintiff present.
Adv. Komal Gupta for plaintiff present.
None present for defendant.
Court is busy in dictating order in st. no. 12457/19. and suit no. 1337/19.
Matter stands Adj for compliance to 15.02.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Court is busy in dictating Judgment in suit no. 7353/06. Hence, board is discharged.
Matter stands Adj for Compliance to 19.03.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for compliance to 15.06.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present.
The case is adjourned to 20.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: None present.
The case is adjourned to 17.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Matter called out at 3.15 p.m.
Adv. for plaintiff.
Adv. Archana Patil h/f. Adv. Shruti Desai and Co. for defendant present.
Matter stands adjourned to 11.10.2021 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None present.
Matter stands adjourned to 08.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Matter mentioned at 3.02 p.m.
Adv. Komal Gupta for plaintiff present.
Wife of defendant in person present. She is seeking time. She requested for grant of advocate from Legal Aid.
DLSA is directed to provide advocate to the defendant. Till then time to file WS is extended.
Matter stands adjourned to 02.02.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Court is on Leave, Hence Board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Matter called out at 2.55 p.m.
None present for plaintiff.
Wife of defendant present.
Matter stands adjourned to 17.06.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present for plaintiff.
Wife of defendant present. She prayed for counsel from Legal Aid. Already application is sent to the Legal Dept. She is directed to take steps.
Matter stands adjourned to 08.08.2022 for WS/Legal Aid counsel.
Later on
Adv. Komal Singh for plaintiff present.
Already adjourned to 08.08.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None present.
Matter stands adjourned to 06.10.2022 for WS.
Later on mentioned at 2.55 p.m.
Adv. Shashikala Mahamuni for defendant present. She letter of DLSA
appointing her as advocate for defendant. TOR.
Already adjourned to 06.10.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: None present.
Matter stands adjourned to 06.12.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Deft. no.1 in person present. His advocate absent.
None present for plaintiff.
Matter stands adjourned to 15.02.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: None for plaintiff.
Defendant in person present.
Put up for dismissal
Matter stands adjourned on 17.04.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Court is on leave. (Afternoon session)
Next Purpose: DISMISSAL
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Court is on Leave.
Next Purpose: DISMISSAL
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Both side absent.
Deft failed to file W.S. hence suit is proceeded without W.S. of deft.
Matter stands adjourned on 16-12-2023 for ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: Both parties absent.
Evidence not adduced by plaintiff. Hence adjourned for ex-parte evidence.
Matter stands adjourned on 16-03-2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
No evidence tendered by the plaintiff hence, granted last chance/ further order.
Matter adjourned for filing affidavit of Ex-parte evidence / further order to 27-6-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Defendant is absent.
Wife of defendant is present.
As per roznama plaintiff registered Notice of Motion No.3258/2019, but not tendered in suit. He is continuously absent, hence Notice of Motion No.3258 of 2019 is dismissed for want of prosecution and disposed of accordingly.
Roznama further shows that the plaintiff not adduced any evidence since last 2 dates and today also he is absent and no evidence is adduced. On previous date the matter was adjourned as a last chance for evidence/further order. Roznama also shows that the plaintiff is continuously absent since long. Since the plaintiff is absent and failed to adduce evidence, so Suit No.970/2019 is dismissed for want of prosecution and is disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 27-06-2024Additional Case Details
Additional Case Details
Filing Number: 109471/2019 Filing Date: 27-08-2019 First Hearing Date: 25th September 2019 Decision Date: 27th June 2024 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 127 Jun 2024
27 Jun 2024
Order Details: Other Pdf Text: IN THE COURT OF :COURT 61 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103258/2019 Avinash Durgbijay Barai Vs Mr. Bholashanakar Durgbijay Barai And Ors Date : 27-06-2024 Business : IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61 None for plaintiff. Defendant is absent. Wife of defendant is present. As per roznama plaintiff registered Notice of Motion No.3258/2019, but not tendered in suit. He is continuously absent, hence Notice of Motion No.3258 of 2019 is dismissed for want of prosecution and disposed of accordingly. Roznama further shows that the plaintiff not adduced any evidence since last 2 dates and today also he is absent and no evidence is adduced. On previous date the matter was adjourned as a last chance for evidence/further order. Roznama also shows that the plaintiff is continuously absent since long. Since the plaintiff is absent and failed to adduce evidence, so Suit No.970/2019 is dismissed for want of prosecution and is disposed off accordingly. Nature of Disposal : DISMISSED Disposal Date : 27-06-2024 COURT 61 ADDL SESSIONS JUDGE -- 1 of 1 --
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