NOTICE OF MOTION
Vikram Dattatray ChoudharyVsDadar Pachim CHS Ltd. +2 more
CNR MHCC0100948220192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th October 2023
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103471/2019
- Registration Date
- 18 Sept 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 16-10-2019
Business: Adv. Bhagyashri Dhamapurkar for plaintiff present.
She tendered register NM 3471/19 t.o.r
Copy is served upon defendant no 1 and 2.
Adv. Prashant Nigrani for defendant no 1 present.
Adv. Rana for defendant no 2 present.
Copy of NM be served upon defendant no 3 through bailiff.
Adjd for service and reply to 18.11.2019
Next Purpose: SERVICE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Mohit Sant for plaintiff present.
Adv. Bhoomika Shah for defendant present
Adv. For plaintiff sought adjournment.- Granted.
Adjourned for service and reply to 7.12.2019
Next Purpose: SERVICE
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present.
Adv. Prashant Hingrani for defendant No.1 present
Adv. Rana for defendant No.2 present.
Advocate for plaintiff sought time to file reply - granted.
Adjourned for reply to 20.01.2020.
Next Purpose: REPLY
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present.
Mr Hemant Kelvekar representative of defendant No. 2 present.
Adv. for plaintiff affidavit of service t.o.r.
She also filed application for substituted service of Writ of summons upon defendant No. 3
O- Substituted service of Writ of summons upon defendant NO. 3 by pasting at conspicuous part of place of office of defendant No. 3 and court house is allowed.
Adjourned for service and reply of NM to 18.02.2020
Next Purpose: REPLY
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv Bhagyashri Dhamapurkar for plff present.
Deft no. 2 present.
Adv for plff seeks time to file affidavit of service of deft no. 3 present. Granted.
Matter stands Adj for affidavit of service and reply of NM to 23/03/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present.
Matter stands Adj for Service to 04.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021
Date: 07-12-2020
Business: None present.
Matter stands Adj for Service to 04.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
She filed application for extension of time to serve on deft No. 3. Granted.
Matter stands Adj for Affidavit of Service to 02.03.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021
Date: 04-02-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
She filed application for extension of time to serve on deft No. 3. Granted.
Matter stands Adj for Affidavit of Service to 02.03.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv Unnati Worlikar for plff present.
She filed original writ of summons @ Bailiff report.
She served copy of NM on deft.
Adv Kailas Surve for deft no. 2 present.
Matter stands Adj for NM Reply to 05/04/2021.
Next Purpose: REPLY
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Due to Covid-19, matter adjd. to
Next Purpose: REPLY
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
None for deft.
Matter stands Adj for NM Reply to 18/10/2021.
Next Purpose: REPLY
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Holiday declared on 16/10/2021 and 18/10/2021 as per office order 213 of 2021 dated 12/10/2021.
Hence board discharge and adjourned to 27/11/2021.
Next Purpose: REPLY
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
None for defts.
Writ of summons is served on deft no. 3 through Bailiff on 22/02/2021 by affixing duplicate copy of writ of summons along with true copy of plaint on the out door of premises of deft no. 3. Deft no. 3 failed to appear before the Court. Hence suit is proceeded ex-parte against deft no. 3. Deft no. 2 also appeared before the Court and his Adv filed VP on 15/06/2019 but deft no. 2 failed to file written statement as well as reply to NM. Hence suit is proceeded without written statement and without reply of deft no. 2. Written statement / NM reply of deft no. 1 is already fied on record.
Matter stands Adj for NM Hearing to 31/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Due to covid-19 matter adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 31-01-2022
Business: Due to covid-19 matter adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv Sandesh Daptare for plaintiff present.
He seeks time for hearing. Granted.
None for defendant.
Adjd. to 06/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022
Date: 22-03-2022
Business: Adv Sandesh Daptare for plaintiff present.
He seeks time for hearing. Granted.
None for defendant.
Adjd. to 06/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Bhagyshree Damapurkar for plaintiff present.
None appear for defendant.
Adv for plaintiff seek time for hearing adjd to 25/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present.
She seek time for n/m hearing. Time granted.
None for defendant.
Matter is adjd for n/m hearing to 03/10/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Sandesh Daptare for plaintiff present.
He seek time for hearing on n/m. Time granted.
None for defendant present.
Matter is adjd for n/m hearing to 22/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Bhagashri Dhamapurkar for plaintiff present.
She seek time for hearing. Time granted.
Adv. Amit Shet for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 23/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 22-11-2022
Business: Adv. Bhagashri Dhamapurkar for plaintiff present.
She seek time for hearing. Time granted.
Adv. Amit Shet for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 23/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. Rajshree Dhamapurkar h/f Raje Shirkhe for plaintiff present.
She seek time for hearing on n/m. Time granted.
Representative of defendant no. 2 present and advocate absent.
Matter adjourned for hearing to 14/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Adv. Bhagyshree Dhamapurkar for plaintiff present.
She seek time for hearing. Time granted.
Defendant no. 2 present and his advocate absent.
Matter adjourned for hearing to 26/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Ms. Bhagyashree Ramapurkar for plaintiff present. She seeks time. O- Granted.
Defendant advocate absent.
Matter adjourned for NM hearing on 24.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023
Date: 26-06-2023
Business: Adv. Ms. Bhagyashree Ramapurkar for plaintiff present. She seeks time. O- Granted.
Defendant advocate absent.
Matter adjourned for NM hearing on 24.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023
Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: Advocate Ms. Rutuja Gavas h.f. Advocate Nikhil Rajeshirke for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for NM hearing on 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023
Date: 21-08-2023
Business: Advocate Ms. Rutuja Gavas h.f. Advocate Nikhil Rajeshirke for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for NM hearing on 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: By precipe moved by plaintiff. O- Allowed.
Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Advocate Mr. Amit Seth for defendant no. 2 present.
Plaintiff has filed application Exh-4 for withdrawl of suit.
Advocate for defendant no. 2 submitted that he want to file reply on application Exh-4, hence he seeks time. O- Granted.
Matter already adjourned for Reply on Exh-4 and NM hearing to 27.09.2023.
Next Purpose: REPLY
Next Hearing Date: 27-09-2023
Date: 06-09-2023
Business: By precipe moved by plaintiff. O- Allowed.
Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Advocate Mr. Amit Seth for defendant no. 2 present.
Plaintiff has filed application Exh-4 for withdrawl of suit.
Advocate for defendant no. 2 submitted that he want to file reply on application Exh-4, hence he seeks time. O- Granted.
Matter already adjourned for Reply on Exh-4 and NM hearing to 27.09.2023.
Next Purpose: REPLY
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: P. O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Defendant and advocate absent.
KB
LO at 3.55 P.M.
O- Last chance granted to defendants to file reply to Exh-6.
Matter adjourned for Reply on Exh-6 on 10.10.2023.
Next Purpose: REPLY
Next Hearing Date: 10-10-2023
Date: 03-10-2023
Business: Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Defendant and advocate absent.
KB
LO at 3.55 P.M.
O- Last chance granted to defendants to file reply to Exh-6.
Matter adjourned for Reply on Exh-6 on 10.10.2023.
Next Purpose: REPLY
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Advocate Ms. Gawas h.f. Advocate Nikhil Rajeshirke for plaintiff present.
Defendant and advocate absent.
Kept back
Later on at 3.50 P.M.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Defendant has to file their say to the application Exhibit-6. Considering the grounds mentioned in the application Exhibit-6, permission granted to withdraw the suit as prayed.
In view of Exhibit-6, Suit No. 513 of 2019 is disposed of as withdrawn. As the plaintiff has withdrawn the suit, Notice of Motion No. 3471 of 2019 is disposed of as withdrawn. Court fees be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-10-2023Additional Case Details
Additional Case Details
Filing Number: 110093/2019 Filing Date: 18-09-2019 First Hearing Date: 16th October 2019 Decision Date: 10th October 2023 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
1Final Order 110 Oct 2023
10 Oct 2023
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103471/2019 Vikram Dattatray Choudhary Vs 1.Dadar Pachim CHS Ltd. 2. M/s. S. P. Builders 3. M/s. Kalpacruksha Date : 10-10-2023 Business : Advocate Ms. Gawas h.f. Advocate Nikhil Rajeshirke for plaintiff present. Defendant and advocate absent. Kept back Later on at 3.50 P.M. Advocate Mr. Nikhil Rajeshirke for plaintiff present. Defendant has to file their say to the application Exhibit-6. Considering the grounds mentioned in the application Exhibit-6, permission granted to withdraw the suit as prayed. In view of Exhibit-6, Suit No. 513 of 2019 is disposed of as withdrawn. As the plaintiff has withdrawn the suit, Notice of Motion No. 3471 of 2019 is disposed of as withdrawn. Court fees be refunded as per rules. Nature of Disposal : WITHDRAWL Disposal Date : 10-10-2023 COURT 02 ADDL SESSIONS JUDGE -- 1 of 1 --
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