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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 130 Aug 2022
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 -- 1 of 1 --
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