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MISC APPLICATION

M/s. Babubhai Jagjivandas and 4 Ors.VsDhirajlal Morarji Vala

CNR MHCC01009208201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 08th November 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100083/2019
Registration Date
09 Sept 2019

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec orderXI · Rule14

    Case History / Proceedings

    Case History
    Date: 02-11-2019
    Business: Advocate R. K. Sharma for Plaintiff present
    Defendant filed registered Notice of Motion no.3426/2019 with affidavit in support, t.o.r.  He also filed affidavit of service of Notice of Motion no.3426/19, t.o.r. Defendant also written notes of arguments in respect of MA no.83/19, t.o.r.  Copy of written notes of arguments in respect of MA no.83/19 is served upon Plaintiffs advocate.  Plaintiffs are directed to file his written notes of arguments in respect of said MA.
    Defendant is directed to file his written notes of arguments in respect of all other applications filed by him and which are pending for decision.  Plaintiffs are directed to file their written notes of arguments in respect of such applications.
    Case is adjourned to 12/12/2019 for filing written notes of arguments in respect of applications filed by Defendant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv R.K. Sharma for Plaintiff present and filed reply to application under order XI rule 14 of CPC.
    Defendant present in person and filed Particulars of the documents. t.o.r.
    Defendant is directed to serve copy of those particulars upon plaintiff\''s.
    Plaintiff advocate short time to filed reply of pending NM.
    Case is adjourned to 11/02/2020 for NM Reply and Argument of MA.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Advocate Mr. R. K. Sharma for Plaintiff present and filed reply to NM no.3426/19, t.o.r.
    Defendant in person filed written notes of arguments in respect of Notice of Motion no.3426/19, t.o.r.
    Defendant submitted that leave may be granted to register his two Nms which were affirmed in the year 2020. Leave granted to register both the NM.  Copy served upon advocate for Plaintiff.
      Plaintiff advocate submitted that Defendant\''s evidence is part heard since last 4 years and meanwhile Defendant is taking out applications and various Notice of Motions.  However, Defendant submitted that if Plaintiff will file reply to Nm taken out by Defendant today, Defendant will offer himself for cross-examination. In such circumstances, Plaintiff is directed to file NM reply on next date so that Defendant\''s cross-examination can be recorded meanwhile the Nms can be decided.
    Case is adjourned to 24/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension 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: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: None for plaintiff.
    None for defendants.
    Adjd to 16.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: None for parties.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to .23.04.2021 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2021
    
    Date: 16-03-2021
    Business: None for parties.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to .23.04.2021 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2021
    
    Date: 16-03-2021
    Business: None for parties.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to .23.04.2021 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2021
    
    Date: 16-03-2021
    Business: None for parties.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to .23.04.2021 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2021
    
    Date: 16-03-2021
    Business: None for parties.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to .23.04.2021 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: P.O is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2021
    
    Date: 20-07-2021
    Business: P.O is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: None present when called at 2.57 pm
    Adjd for NM reply to 16/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: In view of order no. 213/21 holiday is declared.  Hence matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 16-10-2021
    Business: In view of order no. 213/21 holiday is declared.  Hence matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 16-10-2021
    Business: In view of order no. 213/21 holiday is declared.  Hence matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2021
    
    Date: 27-11-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2021
    
    Date: 27-11-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2021
    
    Date: 27-11-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2021
    
    Date: 27-11-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Defendant NO. 1 present.
    None for plaintiff.
    Defendant tendered registered NM No. 1057/20. t.o.r.
    Defendant tendered registered NM No. 1056/20. t.o.r.
    Plaintiff and defendant to argue notice of motion/miscellaneous application on next date failing which NM /MA will be fixed for orders.
    Adjd for Nm reply/NM argument to 28/01/2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: None present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for NM reply to 16/03/2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: At 03.02 pm
    Adv. Rahul Thakur I/b Adv. R. K. Sharma For plaintiff present.
    Adjd for NM arguments to 10/06/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. R. K. Sharmal  for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-08-2022 for hrg in Misc. Appl. No.
    83/19 and NM No. 3426/19 and for reply 3.30 pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2022
    
    Date: 10-06-2022
    Business: Adv. R. K. Sharmal  for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-08-2022 for hrg in Misc. Appl. No.
    83/19 and NM No. 3426/19 and for reply 3.30 pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2022
    
    Date: 10-06-2022
    Business: Adv. R. K. Sharmal  for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-08-2022 for hrg in Misc. Appl. No.
    83/19 and NM No. 3426/19 and for reply 3.30 pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2022
    
    Date: 10-06-2022
    Business: Adv. R. K. Sharmal  for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-08-2022 for hrg in Misc. Appl. No.
    83/19 and NM No. 3426/19 and for reply 3.30 pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2022
    
    Date: 10-06-2022
    Business: Adv. R. K. Sharmal  for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-08-2022 for hrg in Misc. Appl. No.
    83/19 and NM No. 3426/19 and for reply 3.30 pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Danial D\''sauza a/w Adv. R. K. Sharmal for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-09-2022 for hearing in  Misc. Appln. No. 83/19 and NM No. 3426/19 and for reply.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-08-2022
    Business: Adv. Danial D\''sauza a/w Adv. R. K. Sharmal for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-09-2022 for hearing in  Misc. Appln. No. 83/19 and NM No. 3426/19 and for reply.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-08-2022
    Business: Adv. Danial D\''sauza a/w Adv. R. K. Sharmal for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-09-2022 for hearing in  Misc. Appln. No. 83/19 and NM No. 3426/19 and for reply.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-08-2022
    Business: Adv. Danial D\''sauza a/w Adv. R. K. Sharmal for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-09-2022 for hearing in  Misc. Appln. No. 83/19 and NM No. 3426/19 and for reply.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-08-2022
    Business: Adv. Danial D\''sauza a/w Adv. R. K. Sharmal for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 06-09-2022 for hearing in  Misc. Appln. No. 83/19 and NM No. 3426/19 and for reply.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. R. K. Sharma along with adv. Danial D sauza for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 10/10/2022 for hearing in MA no. 83/19
    Next Purpose: HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 06-09-2022
    Business: Adv. R. K. Sharma along with adv. Danial D sauza for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 10/10/2022 for hearing in MA no. 83/19
    Next Purpose: HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 06-09-2022
    Business: Adv. R. K. Sharma along with adv. Danial D sauza for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 10/10/2022 for hearing in MA no. 83/19
    Next Purpose: HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 06-09-2022
    Business: Adv. R. K. Sharma along with adv. Danial D sauza for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 10/10/2022 for hearing in MA no. 83/19
    Next Purpose: HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 06-09-2022
    Business: Adv. R. K. Sharma along with adv. Danial D sauza for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 10/10/2022 for hearing in MA no. 83/19
    Next Purpose: HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. R. K. Sharma for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 28-11-2022 for Hrg in Misc Appl No.  83/19
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 10-10-2022
    Business: Adv. R. K. Sharma for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 28-11-2022 for Hrg in Misc Appl No.  83/19
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 10-10-2022
    Business: Adv. R. K. Sharma for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 28-11-2022 for Hrg in Misc Appl No.  83/19
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 10-10-2022
    Business: Adv. R. K. Sharma for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 28-11-2022 for Hrg in Misc Appl No.  83/19
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv. Subhash Jaiswal for plaintiffs a/w plaintiff no. 1 present and prayed for adjournment  - allowed
    Adv.Sarad Waghchaure  for defendant no. 2  present.
    None for defendant no. 1
    Matter is adjd.to 13-01-2023 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2023
    
    Date: 21-01-2023
    Business: None for plaintiff.
    Wife of defendant namely Padma in person present and filed copy of death certificate of defendant Dhiraj on record.
    Matter is adjd.to 13-03-2023 for steps to bring Lrs of deft. .
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2023
    
    Date: 21-01-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2023
    
    Date: 21-01-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2023
    
    Date: 21-01-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: None for plaintiff present.
    Wife deceased defendant namely Padma present.
    Matter is adjd.to 04-07-2023 for steps to brings Lr\''s of defendants.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2023
    
    Date: 13-03-2023
    Business: None for plaintiff present.
    Wife deceased defendant namely Padma present.
    Matter is adjd.to 04-07-2023 for steps to brings Lr\''s of defendants.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2023
    
    Date: 13-03-2023
    Business: None for plaintiff present.
    Wife deceased defendant namely Padma present.
    Matter is adjd.to 04-07-2023 for steps to brings Lr\''s of defendants.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2023
    
    Date: 13-03-2023
    Business: None for plaintiff present.
    Wife deceased defendant namely Padma present.
    Matter is adjd.to 04-07-2023 for steps to brings Lr\''s of defendants.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2023
    
    Date: 13-03-2023
    Business: None for plaintiff present.
    Wife deceased defendant namely Padma present.
    Matter is adjd.to 04-07-2023 for steps to brings Lr\''s of defendants.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for steps to 14/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2023
    
    Date: 04-07-2023
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for steps to 14/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2023
    
    Date: 04-07-2023
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for steps to 14/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2023
    
    Date: 04-07-2023
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for steps to 14/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2023
    
    Date: 04-07-2023
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for steps to 14/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: Adv. Prince Kumar Upadhyay for plaintiff present.
    Wife of defendant present.
    Advocate for defendant absent.
    Matter adjourned for taking steps by plaintiff 24/11/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-11-2023
    
    Date: 14-09-2023
    Business: Adv. Prince Kumar Upadhyay for plaintiff present.
    Wife of defendant present.
    Advocate for defendant absent.
    Matter adjourned for taking steps by plaintiff 24/11/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-11-2023
    
    Date: 14-09-2023
    Business: Adv. Prince Kumar Upadhyay for plaintiff present.
    Wife of defendant present.
    Advocate for defendant absent.
    Matter adjourned for taking steps by plaintiff 24/11/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-11-2023
    
    Date: 14-09-2023
    Business: Adv. Prince Kumar Upadhyay for plaintiff present.
    Wife of defendant present.
    Advocate for defendant absent.
    Matter adjourned for taking steps by plaintiff 24/11/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-11-2023
    
    Date: 14-09-2023
    Business: Adv. Prince Kumar Upadhyay for plaintiff present.
    Wife of defendant present.
    Advocate for defendant absent.
    Matter adjourned for taking steps by plaintiff 24/11/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: Adv.  Prince Kumar Upadhyay for plaintiff present.
    None For defendant present.
    Matter adjourned for taking steps by plaintiff to bring lrs of defendant no. 1 on record to 08/02/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-02-2024
    
    Date: 24-11-2023
    Business: Adv.  Prince Kumar Upadhyay for plaintiff present.
    None For defendant present.
    Matter adjourned for taking steps by plaintiff to bring lrs of defendant no. 1 on record to 08/02/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-02-2024
    
    Date: 24-11-2023
    Business: Adv.  Prince Kumar Upadhyay for plaintiff present.
    None For defendant present.
    Matter adjourned for taking steps by plaintiff to bring lrs of defendant no. 1 on record to 08/02/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-02-2024
    
    Date: 24-11-2023
    Business: Adv.  Prince Kumar Upadhyay for plaintiff present.
    None For defendant present.
    Matter adjourned for taking steps by plaintiff to bring lrs of defendant no. 1 on record to 08/02/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-02-2024
    
    Date: 24-11-2023
    Business: Adv.  Prince Kumar Upadhyay for plaintiff present.
    None For defendant present.
    Matter adjourned for taking steps by plaintiff to bring lrs of defendant no. 1 on record to 08/02/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: Advocate R.K. Sharma for Plaintiffs present and submitted that he has learnt that the defendant expired.
    None for defendant present.
    Matter stands adjourned on 02.05.2024 for taking steps to bring Lrs. of the defendant on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2024
    
    Date: 08-02-2024
    Business: Advocate R.K. Sharma for Plaintiffs present and submitted that he has learnt that the defendant expired.
    None for defendant present.
    Matter stands adjourned on 02.05.2024 for taking steps to bring Lrs. of the defendant on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2024
    
    Date: 08-02-2024
    Business: Advocate R.K. Sharma for Plaintiffs present and submitted that he has learnt that the defendant expired.
    None for defendant present.
    Matter stands adjourned on 02.05.2024 for taking steps to bring Lrs. of the defendant on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2024
    
    Date: 08-02-2024
    Business: Advocate R.K. Sharma for Plaintiffs present and submitted that he has learnt that the defendant expired.
    None for defendant present.
    Matter stands adjourned on 02.05.2024 for taking steps to bring Lrs. of the defendant on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2024
    
    Date: 08-02-2024
    Business: Advocate R.K. Sharma for Plaintiffs present and submitted that he has learnt that the defendant expired.
    None for defendant present.
    Matter stands adjourned on 02.05.2024 for taking steps to bring Lrs. of the defendant on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Advocate Prince Kumar Upadhyay alongwith Advocate Shoaib Shaikh for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20.07.2024 for taking steps to bring Lrs. of the defendant on record/abatement order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2024
    
    Date: 02-05-2024
    Business: Advocate Prince Kumar Upadhyay alongwith Advocate Shoaib Shaikh for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20.07.2024 for taking steps to bring Lrs. of the defendant on record/abatement order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2024
    
    Date: 02-05-2024
    Business: Advocate Prince Kumar Upadhyay alongwith Advocate Shoaib Shaikh for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20.07.2024 for taking steps to bring Lrs. of the defendant on record/abatement order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2024
    
    Date: 02-05-2024
    Business: Advocate Prince Kumar Upadhyay alongwith Advocate Shoaib Shaikh for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20.07.2024 for taking steps to bring Lrs. of the defendant on record/abatement order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2024
    
    Date: 02-05-2024
    Business: Advocate Prince Kumar Upadhyay alongwith Advocate Shoaib Shaikh for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 20.07.2024 for taking steps to bring Lrs. of the defendant on record/abatement order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    As per intimation given by the Adv. for defendant, defendant Dhiraj Vala expired on 24/11/2022. Till date plaintiffs have not taken any steps for bringing LRs of sole defendant on record. Record reflects that defendant Dhiraj filed his written statement at Exhibit-2. Plaintiff despite notice of the fact the sole defendant died has not taken any steps during the period specified. Consequently in terms of the provisions of Order 22 Rule 4(5)(a) of the Code of Civil Procedure. The suit needs to be abated. Hence, matter posted for order.
    Matter stands adjourned on 25/07/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2024
    
    Date: 20-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    As per intimation given by the Adv. for defendant, defendant Dhiraj Vala expired on 24/11/2022. Till date plaintiffs have not taken any steps for bringing LRs of sole defendant on record. Record reflects that defendant Dhiraj filed his written statement at Exhibit-2. Plaintiff despite notice of the fact the sole defendant died has not taken any steps during the period specified. Consequently in terms of the provisions of Order 22 Rule 4(5)(a) of the Code of Civil Procedure. The suit needs to be abated. Hence, matter posted for order.
    Matter stands adjourned on 25/07/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2024
    
    Date: 20-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    As per intimation given by the Adv. for defendant, defendant Dhiraj Vala expired on 24/11/2022. Till date plaintiffs have not taken any steps for bringing LRs of sole defendant on record. Record reflects that defendant Dhiraj filed his written statement at Exhibit-2. Plaintiff despite notice of the fact the sole defendant died has not taken any steps during the period specified. Consequently in terms of the provisions of Order 22 Rule 4(5)(a) of the Code of Civil Procedure. The suit needs to be abated. Hence, matter posted for order.
    Matter stands adjourned on 25/07/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2024
    
    Date: 20-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    As per intimation given by the Adv. for defendant, defendant Dhiraj Vala expired on 24/11/2022. Till date plaintiffs have not taken any steps for bringing LRs of sole defendant on record. Record reflects that defendant Dhiraj filed his written statement at Exhibit-2. Plaintiff despite notice of the fact the sole defendant died has not taken any steps during the period specified. Consequently in terms of the provisions of Order 22 Rule 4(5)(a) of the Code of Civil Procedure. The suit needs to be abated. Hence, matter posted for order.
    Matter stands adjourned on 25/07/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2024
    
    Date: 20-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    As per intimation given by the Adv. for defendant, defendant Dhiraj Vala expired on 24/11/2022. Till date plaintiffs have not taken any steps for bringing LRs of sole defendant on record. Record reflects that defendant Dhiraj filed his written statement at Exhibit-2. Plaintiff despite notice of the fact the sole defendant died has not taken any steps during the period specified. Consequently in terms of the provisions of Order 22 Rule 4(5)(a) of the Code of Civil Procedure. The suit needs to be abated. Hence, matter posted for order.
    Matter stands adjourned on 25/07/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter adjourned for orders.
    Matter stands adjourned on  03/08/2024 for order.
    Later on.
    Adv. R. K. Sharma for plaintiff present.
    Next Purpose: ORDER
    Next Hearing Date: 03-08-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter adjourned for orders.
    Matter stands adjourned on  03/08/2024 for order.
    Later on.
    Adv. R. K. Sharma for plaintiff present.
    Next Purpose: ORDER
    Next Hearing Date: 03-08-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter adjourned for orders.
    Matter stands adjourned on  03/08/2024 for order.
    Later on.
    Adv. R. K. Sharma for plaintiff present.
    Next Purpose: ORDER
    Next Hearing Date: 03-08-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter adjourned for orders.
    Matter stands adjourned on  03/08/2024 for order.
    Later on.
    Adv. R. K. Sharma for plaintiff present.
    Next Purpose: ORDER
    Next Hearing Date: 03-08-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    None for plaintiff present.
    None for defendant present.
    Matter adjourned for orders.
    Matter stands adjourned on  03/08/2024 for order.
    Later on.
    Adv. R. K. Sharma for plaintiff present.
    Next Purpose: ORDER
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Adv. Shoheb Shaikh for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Shoheb Shaikh for plaintiff present and requested for adjournment. Adjournment granted.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 30/09/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2024
    
    Date: 03-08-2024
    Business: Adv. Shoheb Shaikh for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Shoheb Shaikh for plaintiff present and requested for adjournment. Adjournment granted.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 30/09/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2024
    
    Date: 03-08-2024
    Business: Adv. Shoheb Shaikh for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Shoheb Shaikh for plaintiff present and requested for adjournment. Adjournment granted.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 30/09/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2024
    
    Date: 03-08-2024
    Business: Adv. Shoheb Shaikh for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Shoheb Shaikh for plaintiff present and requested for adjournment. Adjournment granted.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 30/09/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2024
    
    Date: 03-08-2024
    Business: Adv. Shoheb Shaikh for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Shoheb Shaikh for plaintiff present and requested for adjournment. Adjournment granted.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 30/09/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2024
    
    Date: 30-09-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 08/11/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2024
    
    Date: 30-09-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 08/11/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2024
    
    Date: 30-09-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 08/11/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2024
    
    Date: 30-09-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 08/11/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2024
    
    Date: 30-09-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for order.
    Matter stands adjourned on 08/11/2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for
    Keep Back.
    Later on.
    As per roznama dated 20/07/2024 matter is pending for orders. The plaintiff has not taken any steps for proceeding with the suit. In present suit there is only one defendant who is reported to be dead as per the intimation of Adv. for defendant on 24/11/2022. Said intimation was given on 28/11/2022. Resultantly the suit is abated in terms of the provision of Order 22 Rule 4 of CPC.
    Consequently NM 3426/19, NM 1057/20, NM 1056/20 and MA 83/19 are disposed of as dismissed in default and for want of prosecution. Proceeding of NM 3426/19, NM 1057/20, NM 1056/20 and MA 83/19 in Suit No.2302/2012 are closed.
    ORDER PASSED BELOW EXHIBIT-1.
    
    1. The suit is abated in terms of the provision of Order 22 Rule 4 of Code of Civil Procedure.
    2. Consequently pending Notice of Motion No. 3426/19, Notice of Motion No. 1057/20, Notice of Motion No. 1056/20 and MA No. 83/19 are disposed of as dismissed in default and for want of prosecution. Proceeding of Notice of Motion No. 3426/19, Notice of Motion No. 1057/20, Notice of Motion No. 1056/20 and MA No. 83/19 in Suit No.2302/2012 are closed.
    3. Proceeding of Suit No.2302/2012 is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 08-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109783/2019
    Filing Date: 09-09-2019
    First Hearing Date: 02nd November 2019
    Decision Date: 08th November 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Nov 2024

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :MISC APPLICATION/0100083/2019 M/s. Babubhai Jagjivandas and 4 Ors. Vs Dhirajlal Morarji Vala Date : 08-11-2024 Business : None for plaintiff present. None for defendant present. Matter adjourned for Keep Back. Later on. As per roznama dated 20/07/2024 matter is pending for orders. The plaintiff has not taken any steps for proceeding with the suit. In present suit there is only one defendant…

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