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NOTICE OF MOTION

Suresh Chandu KuckianVsSatish Chandu Kuckian And Ors

CNR MHCC0100950120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 30th August 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103483/2019
Registration Date
18 Sept 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: 18-09-2019
    Business: Court is busy in hearing arguments in High Court time bound case NDPS SPL 54/14. Hence, board is discharged.
    Matter stands Adj for service to 02.11.19.
    Next Purpose: SERVICE
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: The court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Plaintiff present.
    Adv. Q. S. Kapasi for plaintiff present and seeks extension of time to serve writ of summons and NM. Time extended.
    Matter stands Adj for service of writ of summons and NM on defendant to 06.02.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Plaintiff no. 1 present.
    Adv. Kapasi for plaintiff present and filed original writ of summons along with affidavit of service and filed original NM no. 3483/19 along with affidavit. It is submitted that the defendant no. 1 has been served and he is present before the court today. Defendant no. 2 and 3 could not be served. Because, as per track report of postal department, it is returned with remark door locked
    Defendant no.1 present in person.
    Heard Ld. counsel for plaintiff. He submitted that he will take fresh summons for defendant no. 3 to be served through court bailiff and for defendant no. 2, it may be served through district court Thane.
    In view of the above, re-issue summons as well as motion to defendant no. 2 and 3.
    Matter stands Adj for service summons as well as motion on defendant no. 2 and 3 to 23.03.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: adjourned
    Next Purpose: SERVICE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    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: SERVICE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    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: SERVICE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    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: SERVICE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None present for plaintiff and Defendant
    Matter stands adj. for Service to 06.02.2021
    Next Purpose: SERVICE
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: None for Plaintiff.
    No steps are taken to serve defendants no.2 and 3.
    The case is adjourned to 25.03.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present.
    The case is adjourned to 14.06.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by 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 owing to absence of the parties.
    Next Purpose: ORDER
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by 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: ORDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 11.15 a.m.
    None present.
    Plaintiff failed to take any steps to serve Deft. No. 2 and 3.
    By way of last opportunity matter adjourned to 22.12.2021
    Matter stands adjourned to 22.12.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Matter called out at 2.54 p.m.
    Adv. Sandeep Kadam for plaintiff present.  He is seeking time to serve Deft. No.2 and 3. Time granted.
    None present for defendant.
    Matter stands adjourned to 04.02.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Court is on leave, Hence board is discharged.
    Next Purpose: SERVICE
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Matter called out at 2.55 p.m.
    Adv. Shirke for plaintiff present.
    He tendered affidavit of service w.r.t. service on Deft. No.2 and 3. TOR. Exh.6.
    None present for defendant.
    Matter stands adjourned to 05.05.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Plaintiff a/w Adv. Shirke present.
    Adv. Nitin Nikam for Deft. no.1 present.
    As court is busy in hearing in Kaccha. Com. 51/2022 and EA 346/17.
    Matter stands adjourned to 08.07.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Nilesh S. for plaintiff present. He tendered reg. NM No.3483/19. TOR.
    He also tendered original writ of summons. TOR. Exh. 07.
    As per Exh.6, it appears that the plaintiff is claiming service to the Deft. no.2 and 3 through their authorised person, but there is no stamp of office of the Deft. no.2 and 3 at the foot of signature of the recipient. Hence, he is directed to serve the Deft. no.2 and 3 through bailiff.
    Adv. Nitin Nikam for Deft. no.1 present.
    Matter stands adjourned to 30.08.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv. Sandeep Kadam for plaintiff present. He tendered consent terms. TOR. Exh.08.
    Adv. Nitin Nikam for Deft. no.1 present.
    Plaintiff no.1 to 4 and Deft. no.1 in person present.
    K.B.
    Later on mentioned at 3.30 p.m.
    Adv. Sandeep Kadam for plaintiff present.
    Adv. Nitin Nikam for Deft. no.1 present.
    Plaintiff and Deft. no.1 are present and filed consent terms vide Exh.08 contending that they have arrived at a settlement in respect of the suit property.
    Plaintiffs do not want to proceed with the suit. Hence, they filed separate withdrawal pursis marked as Exh.09 for withdrawing the suit against Deft. no.2 and 3.
    Considering the submission of Plaintiffs and Deft. no.1, the suit stands disposed of in terms of Exh.08, in between plaintiff and Deft no.1 and as withdrawn against Deft. no.2 and 3.
    Decree be drawn up accordingly.
    Court fees be refunded as per rules.
    As suit is disposed of in terms of consent terms, NM No.3483/2019 stands disposed of accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 30-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 110073/2019
    Filing Date: 18-09-2019
    First Hearing Date: 18th September 2019
    Decision Date: 30th August 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Aug 2022
    Order Details: Other
    Pdf Text: 30.08.2022
    Exh.08
    SU 555/19
    NM 3483/19
    Exh.09
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (C.R.03)
    Adv. Sandeep Kadam for plaintiff present. He tendered consent terms.
    TOR. Exh.08.
    Adv. Nitin Nikam for Deft. no.1 present.
    Plaintiff no.1 to 4 and Deft. no.1 in person present.
    K.B.
    Later on mentioned at 3.30 p.m.
    Adv. Sandeep Kadam for plaintiff present.
    Adv. Nitin Nikam for Deft. no.1 present.
    Plaintiff and Deft. no.1 are present and filed consent terms vide Exh.08
    contending that they have arrived at a settlement in respect of the suit
    property.
    Plaintiffs do not want to proceed with the suit. Hence, they filed separate
    withdrawal pursis marked as Exh.09 for withdrawing the suit against
    Deft. no.2 and 3.
    Considering the submission of Plaintiffs and Deft. no.1, the suit
    stands disposed of in terms of Exh.08, in between plaintiff and Deft
    no.1 and as withdrawn against Deft. no.2 and 3.
    Decree be drawn up accordingly.
    Court fees be refunded as per rules.
    As suit is disposed of in terms of consent terms, NM No.3483/2019
    stands disposed of accordingly.
    Judge
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