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NOTICE OF MOTION

Ramdawar alias Ramdhavar Dattu YadavVsRamraj Ramkishor Yadav And Ors

CNR MHCC01008945201965-COURT 65 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th December 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103287/2019
Registration Date
28 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-10-2019
    Business: Court is busy in hearing final arguments in suit no.8472/86 (first session) and in afternoon session, court is relieved for attending mediation conference at Nashik to be held on 12/10/2019, hence adjourned to 04/11/2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Advocate C. B. Yadav for Plaintiff present and sought extension of time for service of writ of summons and Notice of Motion. Time extended till next date.
    None present for Defendant.
    Court is busy in dictating Judgment in suit no.785/08, hence case is adjourned to 21/01/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Advocate Mr. C. B. Yadav for Plaintiff present and filed registered Notice of Motion no.3287/2019 with affidavit in support, t.o.r.  He also filed original writ of summons, t.o.r.
    Advocate Mr. H. S. Sonkar @ Defendant no.1 present and filed vakalatnama for Defendant no.1, t.o.r.  Advocate for Defendant no.1 writ of summons on behalf of Defendant no.2 is accepted by Defendant no.1 as insisted by the Bailiff.  Any how, Defendant no.1 has accepted writ of summons for Defendant no.2, hence it is the responsibility of Defendant no.1 to inform Defendant no.2 about this suit because Defendant no.1 and 2 are real brothers.
    Case is adjourned to 17/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None present for Plaintiff.
    Advocate Mr. H. S. Sonkar @ Defendant no.1 and 2 present and filed vakalatnama for Defendant no.2, t.o.r. He also filed reply to Notice of Motion no.3287/20, t.o.r.  He also filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
    In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 26/06/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Business: Du to corona pandemic and national lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2020
    
    Date: 26-06-2020
    Business: Du to corona pandemic and national lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: As holiday was declared, taken on 27/08/2020.
    Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None present for plff.
    Adv Mr. H.S. Sonkar for deft present and seeks adjournment.
    As nobody present for plff, matter is adjd. for NM hearing to 08.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 05-02-2021
    Business: None present for plff.
    Adv Mr. H.S. Sonkar for deft present and seeks adjournment.
    As nobody present for plff, matter is adjd. for NM hearing to 08.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv for plff present.
    Adv Mr. Sonkar for defts present and mentioned the matter in the morning session. He seeks adjournment as matter is on the afternoon board, K.B.
    L.O. at 3.25 p.m.
    None present for plff.
    Considering the present pandemic condition matter is adjd. at same stage beyond summer vacation.
    Matter is adjd. for NM hearing to 16.06.2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None present for the plff.
    Adv. Mr. Sonkar for deft Nos.1 and 2 present and tendered registered NM No.1942/2020 along with affidavit in support.
    As nobody is present for plff, matter is adjd. for NM reply and hearing to 30.09.2021.
    Judge
    LO
    Adv. C.B. Yadav for plaintiff present.
    Already adjourned to 30.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv C.B. Yadav for plff present.
    Adv Mr. Sonkar for deft Nos.1 and  2 present and served copy of reply in NM on the adv. for plff in the court today.
    By consent, matter is adjd. for NM hearing to 26.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2022
    
    Date: 18-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv Mr. Pradip Yadav for plff present and seeks adjournment.
    None present for deft.
    Matter is adjd. for NM hearing to 16.06.2022.
    Judge
    L.O. at 3.50 p.m.
    Adv Mr. Sonkar for deft present.
    Already adjd. to 16.06.2022.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Preciding Officer is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 16-06-2022
    Business: Preciding Officer is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv.C.B.Yadav for plaintiff present.
    Adv.Sonkar for deft. present.
    The adv.for pltff submits that he will file reply in NM No.1942/20.
    Matter adjd to 15.09.2022 for filing reply in NM 1942/20.
    Next Purpose: REPLY
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: As PO is on Leave in Second Sessions, hence, adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv.Ramesh Singh h/f.Adv.C. B. Yadav for plaintiff present.
    Adv.H.S.Sonkar for deft.No.1 and 2 present.
    The adv. for plaintiff requested for adjournment for filing reply in NM 1942/20.
    Matter adj. to 10.01.2023 for reply in NM.
    Next Purpose: REPLY
    Next Hearing Date: 10-01-2023
    
    Date: 09-11-2022
    Business: Adv.Ramesh Singh h/f.Adv.C. B. Yadav for plaintiff present.
    Adv.H.S.Sonkar for deft.No.1 and 2 present.
    The adv. for plaintiff requested for adjournment for filing reply in NM 1942/20.
    Matter adj. to 10.01.2023 for reply in NM.
    Next Purpose: REPLY
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: None present for plaintiff.
    Adv.Jagannathan h/f. Adv.H.S. Sonkar for defendant 1 and 2 present.
    Defendant No.1 and 2 serve the copy of NM No.1942/20 on the plaintiff.
    Matter adjd to 14.03.2023 for service affidavit and reply.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-03-2023
    
    Date: 10-01-2023
    Business: None present for plaintiff.
    Adv.Jagannathan h/f. Adv.H.S. Sonkar for defendant 1 and 2 present.
    Defendant No.1 and 2 serve the copy of NM No.1942/20 on the plaintiff.
    Matter adjd to 14.03.2023 for service affidavit and reply.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv.Prashant h/f.Adv.Yadav for plaintiff present.
    None present for defendant.
    Adv.for plaintiff requested time to file reply in motion. Last chance granted.
    Matter adjd to 19.06.2023 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-06-2023
    
    Date: 14-03-2023
    Business: Adv.Prashant h/f.Adv.Yadav for plaintiff present.
    None present for defendant.
    Adv.for plaintiff requested time to file reply in motion. Last chance granted.
    Matter adjd to 19.06.2023 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Prashant Yadav for plaintiff present.
    Adv. Jaganatham V. for defendant present.
     Matter adjourned to 09-08-2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2023
    
    Date: 19-06-2023
    Business: Adv. Prashant Yadav for plaintiff present.
    Adv. Jaganatham V. for defendant present.
     Matter adjourned to 09-08-2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Adv. Jaganathan  for plaintiff present.
    Adv. C. B. Yadav for defendant present.
    Matter is adjd.to  26-09-2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv. Prashant for plaintiff present.
    Adv. Sonkar for defendant present.
      With consent of both sides matter is adjourned to  02-11-2023.
    Matter is adjd.to 02-11-2023 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: Adv. Prashant Yadav for plaintiff present.
    Adv. Jaganathan V. h/f Adv. Sonkar for defendant present.
    Matter is adjourned to 09-01-2024 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: None for Plaintiff present.
    Adv. H.S. Sonkar for defendants present.
    As the plaintiff has failed to filed NM No.1942/2020 since long, it is kept for hearing without reply.
    Matter stands adjourned on 29.01.2024 for hearing in NM No.1942/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 09-01-2024
    Business: None for Plaintiff present.
    Adv. H.S. Sonkar for defendants present.
    As the plaintiff has failed to filed NM No.1942/2020 since long, it is kept for hearing without reply.
    Matter stands adjourned on 29.01.2024 for hearing in NM No.1942/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: None for Plaintiff present.
    Adv. H.S. Sonkar for defendants No.1 and 2 present.
    None for defendant No.3 present.
    As the plaintiff and his advocate failed to appear, Notice of Motion No.1942/2020 is being decided with the help of material on record. Writ of summons shows that defendant No.1 was served with writ of summons on 31.12.2019 and he accepted service for him self and on the behalf of defendant No.2. Present NM is taken out on 14.12.2019. Written statement is afirmed on 17.03.2020. It means that, defendants No.1 and 2 had prepared written statement within period of 90 days from the date of service of writ of summons. Considering situation of Covid-19 pendemic and directions of Honble Supreme Court in suo moto writ petition No.3/2020, delay, if any, can be condoned. Hence, Notice of Motion No.1942/2020 is made absolute in terms of prayer clause (a) and (b). Proceeding of Notice of Motion No.1942/2020 is closed. Written statement of defendants No.1 and 2 is marked as Exhibit-4.
    Matter stands adjourned on 02.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: None for Plaintiff present.
    Advocate H.S. Sonkar for defendants No.1 and 2 present.
    None for defendant No.3 present.
    Matter stands adjourned on 08.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: Due to heavy rain, no staff is available. Hence matter adjourned to same stage.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2024
    
    Date: 18-09-2024
    Business: Adv. Prashant Yadav h/f Adv. C. B. Yadav for plaintiff present and submitted that plaintiff is not approaching them for giving further instructions and he would be withdrawing his vakalatnama on next date.
    Adv. H. S. Sonkar for defendant No.1 and 2 present.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 17/10/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: Presiding Officer is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: None for plaintiff present.
    Adv. H. S. Sonkar for defendant No.1 and 2 present.
    None for other defendant present.
    The plaintiff is absent since long. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion No.3287/2019 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.3287/2019 in Suit No.2021/2019 is closed. Parties to take note.
    Plaintiff had not taken any steps hence suit is also posted for dismissal order.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109524/2019
    Filing Date: 28-08-2019
    First Hearing Date: 11th October 2019
    Decision Date: 18th December 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Dec 2024
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0103287/2019
    Ramdawar alias Ramdhavar Dattu Yadav Vs Ramraj Ramkishor Yadav And Ors
    Date : 18-12-2024
    Business : None for plaintiff present. Adv. H. S. Sonkar for defendant
    No.1 and 2 present. None for other defendant present. The
    plaintiff is absent since long. It appears that plaintiff is not
    interested in proceeding with Notice of Motion. Hence, Notice
    of Motion No.3287/2019 is dismissed in default and for want
    of prosecution. Proceeding of Notice of Motion No.3287/2019
    in Suit No.2021/2019 is closed. Parties to take note. Plaintiff
    had not taken any steps hence suit is also posted for dismissal
    order.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 18-12-2024
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