NOTICE OF MOTION
Mrs. Saroj Dharmadev Gupta - Suit St. No. 8884 of 2019VsMr. Mohan Ramkomal Gupta
CNR MHCC0100919620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th August 2023
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103359/2019
- Registration Date
- 09 Sept 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 16-09-2019 Business: Adv. Ameya Kulkarni for plaintiff present and filed original NM no. 3359/19 along with affidavit. Adv. D. K. Gupta for defendant no. 1 present and filed VP and submitted that plaintiff may be directed to supply the copy of NM. Vakalatnama filed on behalf of defendant no. 1. Adv. Sanidhya Arora I/b Mr. Tapan Agrawal for Respondent no. 2 to 4 present and submitted that time may be granted to submit reply to NM and undertakes to file his VP on next date. Ld. counsel for plaintiff pressed for passing an interim order on the NM, if the in-client to grant time to the respondent. Ld. counsel for defendant no. 2 to 4 made statement into Bar that they will not create third party interest in the suit property till decision of the NM. In view of the above, time granted to respondent to file their reply to NM with a directions to supply copy of reply in advance to other side. Ld. counsel for plaintiff is directed to supply the copy of NM on Ld. counsel for defendant no. 1. In the mean while defendants/respondents are directed to maintain status quo regarding the legal status of the suit property described in para3 of the affidavit supporting NM and not to create third party interest till hearing and decision of the NM. Matter stands Adj for reply and hearing on NM to 04.10.19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 04-10-2019 Date: 04-10-2019 Business: Court is busy in recording evidence of PW-1 in suit no. 7609/04. Hence, Matter stands Adj for NM hearing to 21.11.19. Next Purpose: NOTICE OF MOTION Next Hearing Date: 21-11-2019 Date: 21-11-2019 Business: Adv. Amey Kulkarni for plaintiff present. Adv. Agrawal for defendant present and seeks time to file reply to NM. Time granted. Matter stands Adj for filing reply to NM on 16.01.20. Next Purpose: NOTICE OF MOTION Next Hearing Date: 16-01-2020 Date: 16-01-2020 Business: Adv. Amay Kulkarni h/f Vivek Karan Singh for plaintiff present. Adv. D. K. Gupta for defendant no. 1 present and filed application for seeking time to file reply to NM along with documents. Adv. Agrawal for defendant no. 2 to 4 present and filed VP and reply to NM no. 3359/19. Vakalatnama filed on behalf of defendant no. 2 to 4. Application filed by Ld. counsel for defendant no. 1 for seeking time to file reply to NM along with documents. Heard both sides. Ld. counsel for plaintiff sought time to file reply to Ex-4 and rejoinder to reply filed by defendant no. 2 to 4. Time granted. Matter stands Adj for filing rejoinder to NM and reply to Ex-4 to 18.02.2020. Next Purpose: REJOINDER Next Hearing Date: 18-02-2020 Date: 18-02-2020 Business: Adv. Ameya Kulkarni for plaintiff present and filed reply affidavit on Ex-4. Copy served on other side. He sought time to file rejoinder to reply of defendant no. 2 to 4 and to the reply of defendant no. 1, if filed. Adv. D. K. Gupta for defendant no. 1 present and submitted that today he is not in a position to file reply and sought adjournment. Adv. Tapan Agrawal for defendant no. 2 to 4 present. After hearinn both the sides, short adjournment granted to defendant no. 1 to file reply to the Nm with a direction to submit copy in advance to the Ld. counsel for plaintiff. Matter stands Adj for filing reply by defendant no. 1 and rejoinder by plaintiff to 27.03.2020. Next Purpose: REPLY Next Hearing Date: 27-03-2020 Date: 27-03-2020 Next Purpose: REPLY Next Hearing Date: 08-04-2020 Date: 08-04-2020 Reason For Adjournment: National Lock Down Next Purpose: REPLY Next Hearing Date: 20-04-2020 Date: 20-04-2020 Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned. Next Purpose: REPLY Next Hearing Date: 30-05-2020 Date: 30-05-2020 Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: REPLY Next Hearing Date: 17-06-2020 Date: 17-06-2020 Reason For Adjournment: National Lock Down Next Purpose: REPLY Next Hearing Date: 01-10-2020 Date: 01-10-2020 Reason For Adjournment: National Lock Down Next Purpose: REPLY Next Hearing Date: 12-11-2020 Date: 12-11-2020 Reason For Adjournment: National Lock Down Next Purpose: REPLY Next Hearing Date: 13-01-2021 Date: 13-01-2021 Business: None present. The case is adjourned to 17.02.2021 for reply. Next Purpose: REPLY Next Hearing Date: 17-02-2021 Date: 17-02-2021 Business: Advocate Vivek Karan Singh for plaintiff present and submits that Plaintiff intends to amend the plaint as there is settlement in respect of the property at Ghansoli. None for defendant. Plaintiff shall get the suit registered on or before next date failing which further orders will follow. The case is adjourned to 12.04.2021 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: Declared holiday as per office order 78 of 2021 Next Purpose: COMPLIANCE Next Hearing Date: 01-07-2021 Date: 01-07-2021 Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned. Next Purpose: COMPLIANCE Next Hearing Date: 24-08-2021 Date: 24-08-2021 Business: Matter called out at 04.19 p.m. Adv. for plaintiff absent. Adv. Dinesh Kumar Gupta for Deft. No. 1 to 3 present. Till date Deft. No. 1 did not file reply. By way of last opportunity, matter is adjourned for reply of Deft. No. 1 Matter stands adjourned to 20.10.2021 for reply. Next Purpose: REPLY Next Hearing Date: 20-10-2021 Date: 20-10-2021 Business: Matter called out at 4.29 p.m. Adv. Kanchi K. Joshi for plaintiff present. Adv. Tapan Agrawal I/b Dinesh Gupta for defendants present. He is seeking time to file reply. Time granted. Plaintiff is directed to remove all office objection and get the suit registered. Interim if any, to continue till next date. Matter stands adjourned to 18.12.2021 for reply. Next Purpose: REPLY Next Hearing Date: 18-12-2021 Date: 18-12-2021 Business: Matter mentioned at 5.01 p.m. None present for plaintiff. Adv. Keshav Tripathi h/f Tapan Agrawal for defendant present. Plaintiff to remove all office objections and to get the suit registered. In the event of failure to comply the order, suit may be dismissed. Matter stands adjourned to 29.01.2022 for reply. Next Purpose: REPLY Next Hearing Date: 29-01-2022 Date: 29-01-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REPLY Next Hearing Date: 23-03-2022 Date: 23-03-2022 Business: Matter called out at 3.36 p.m. Adv. Kanchi Joshi h/f Vivek R. for plaintiff present. Plaintiff did not remove office objections and therefore, suit is not registered yet. Plaintiff is directed to remove all office objections on or before next date. In the event of failure, the suit will be dismissed. None present for defendant. Matter stands adjourned to 02.07.2022 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 02-07-2022 Date: 02-07-2022 Business: Court is on Leave. Next Purpose: COMPLIANCE Next Hearing Date: 06-08-2022 Date: 06-08-2022 Business: None present. Matter stands adjourned to 11.10.2022 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 11-10-2022 Date: 11-10-2022 Business: Adv. Amaye Kulkarni for plaintiff present. He contended that he has paid the court fee but still the matter is showing under objection. Plaintiff to take steps to remove the suit from the caption of objection and get the suit registered as per rule. None present for defendant. Matter stands adjourned to 11.01.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 11-01-2023 Date: 11-01-2023 Business: CORAM :- H.H.J. SHRI V.D. KEDAR (CR. 01) Matter pertains to C.R.03. Adv. Ameya Kulkarni h/f Adv. Vivek Karan Singh for plaintiff present. He tendered draft CS a/w affidavit of service. TOR. O-Leave is granted to register draft CS. None present for defendant. Matter stands adjourned to 20.02.2023 for compliance/CS reply. Next Purpose: COMPLIANCE Next Hearing Date: 20-02-2023 Date: 20-02-2023 Business: Adv. Amey Kulkarni for plaintiff. He tendered registered CS No.121/2023 None for defendant. Matter stands adjourned on 18.04.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 18-04-2023 Date: 18-04-2023 Business: None present. Matter stands adjourned on 18.07.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 18-07-2023 Date: 18-07-2023 Business: Court is on Leave. Next Purpose: COMPLIANCE Next Hearing Date: 22-08-2023 Date: 22-08-2023 Business: As Court is on leave, matter adjourned. Next Purpose: COMPLIANCE Next Hearing Date: 28-08-2023 Date: 28-08-2023 Business: Adv. Amey kulkarni for holding for Adv. V. K. Singh along with Plaintiff present. None for defendant. Exh.5 Adv for plaintiff filed withdrawal pursis of the suit . Order - Heard Plaintiff in person. She submits that she does not want to proceed in the suit. She is identified by her advocate. Perused copy of Addhar Card of the Plaintiff. It is verified from the original. Original is returned to the Plaintiff. Hence, Suit No. 85 of 23 along with NM. No. 3359 of 201 and Chamber summons No. 121 of 2023 are disposed of as withdrawn unconditionally. Court fees be refunded as per rules. Nature Of Disposal: WITHDRAWL Disposal Date: 28-08-2023
Additional Case Details
Additional Case Details
Filing Number: 109780/2019 Filing Date: 09-09-2019 First Hearing Date: 16th September 2019 Decision Date: 28th August 2023 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
1Final Order 128 Aug 2023
28 Aug 2023
Order Details: Other Pdf Text: 28.08.2023 SU 85/23 cs 121/23 CORAM : H.H.J. SMT. N. S. SHAIKH (CR. 03) Adv. Amey kulkarni for holding for Adv. V. K. Singh along with Plaintiff present. None for defendant. Exh.5 Adv for plaintiff filed withdrawal pursis of the suit . Order : Heard Plaintiff in person. She submits that she does not want to proceed in the suit. She is identified by her advocate. Perused copy of Addhar Card of the Plaintiff. It is verified from the original. Original is returned to the Plaintiff. Hence, Suit No. 85 of 23 along with NM. No. 3359 of 201 and Chamber summons No. 121 of 2023 are disposed of as withdrawn unconditionally. Court fees be refunded as per rules. Judge -- 1 of 1 --
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